ROYAL COMM ISSION INTO ABORIGINAL I N CUSTODY

QUEENSILAND GOVERNMENT PROQ:^Fl,:-JS REPORT G11ZG'L

1996/97 The Progress Report is compiled from responses as supplied by Queensland Government Agencies.

Produced by the Department of Aboriginal and Torres Strait Islander Policy and Development, Queensland

The State of Queensland ( Department of Aboriginal and Torres Strait Islander Policy and Development ) ( 1998) ISBN 0724283072.

Copyright protects this publication . Except for purposes permitted by the Copyright Act, reproduction by whatever means is prohibited without the prior written permission of the Department of Aboriginal and Torres Strait Islander Policy and Development.

Inquiries should be addressed to:

Copyright Officer, Department of Aboriginal and Torres Strait Islander Policy and Development, Contents

Foreword by the Minister ...... i

itor's Preface ...... I

Part 1: Executive Summary ...... 1

Case Studies ...... 23

Part 2: Achievements and Goals ...... 36

Part 3: Statistical Profile ...... 63

Part 4: Underlying Issues 4a: Aboriginal Women and Families ...... 71

4b: Aboriginal Society Today (R.48-R.57) ...... 74

4c: Self-determination and Local Government (R.77-R.78 & R.88-R.204) ...... 84

4d: Accommodating Difference (R.58-R.59 & R.205-R.213) ...... 97

4e: Coping with Alcohol and Other Drugs (R.63-R.71) ...... 103

4f: Strategies for Change (R.272-R.288) ...... 105

4g: Towards Better Health (R.246-R.271) ...... 107

4h: Housing and Infrastructure (R.73-R.76 & R.321-R.327) ...... 109

4i: Increasing Economic Opportunity (R.300-R.320) ...... 114

4j: Addressing Land Needs (R.334-R.338) ...... 131

4k: Educating for the Future (R.289-R.299) Schooling (R.72) ...... 133

41: The Process of Reconciliation (R.339) ...... 138

Contents Contents

Part 5: The Criminal Justice System

5a: Post-death Investigations (R.6-R.40) ...... 140

5b: Relations with Police (R.60-R.61) ...... 143

5c: Aboriginal People and the Police (R.214-R.233) ...... 145

5d: Diversion from Police Custody (R.79-R.91) ...... 153

5e: Custodial Health and Safety (R.122-R.167) ...... 155

5f: Imprisonment as a Last Resort (R.92-R.121) ...... 160

5g: Breaking the Cycle: Aboriginal Youth (R.234-R.245) ...... 164

5h: Young Aboriginal People and the Juvenile Justice System (R.62) ...... 165

5i: The Prison Experience (R.168-R.187) ...... 169

Implementation Table ...... 172

Acronyms ...... 250

APPENDIX

RCIADIC Recommendations ...... 1

Index to Recommendations ...... 75

Contents Foreword by the Minister

This Report details the progress the Queensland Government has made during the 1996 -97 financial year in implementing the Recommendations of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). As at 30 June 1997, 163 of the Recommendations were implemented, an increase of 33 since June 1996.

During the period covered by this Report, the Queensland Government took two important steps in meeting the spirit of the Royal Commission's Recommendations. In May 1997, Parliament voted to affirm its commitment to the process of Reconciliation. In June of that year, Parliament acknowledged the suffering caused to Indigenous people and their communities by policies which had removed Aboriginal and Torres Strait Islander children from their families. This Report describes the Queensland Government's efforts to meet the letter of the Royal Commission's Recommendations. It describes the many programs which have addressed the continuing problem of Aboriginal and Torres Strait Islander people's over-representation in the criminal justice system and the underlying causes of contact with that system.

Immediately after the period with which this Report is concerned, Commonwealth, State and Territory Ministers with responsibility for justice, policing, corrective services and Indigenous affairs, along with representatives of Indigenous communities, met to examine issues relating to the implementation of the Recommendations of the Royal Commission Into Aboriginal Deaths in Custody. As a result of that meeting's deliberations, the Queensland Government is coordinating a collaborative across-government approach to the development of an Indigenous Justice and Underlying Issues Agreement to address the significant over-representation of Indigenous people in the criminal justice system. The Queensland Government anticipates that this Agreement will substantially enhance the implementation of these Recommendations.

Judith Spence MLA Minister for Aboriginal and 'Torres Strait Islander Policy

i Editor's Preface

This Report documents the Queensland Government's efforts to implement the Recommendations of the 1991 Royal Commission into Aboriginal Deaths in Custody (RCIADIC). The period covered by this Report is July 1996 to June 1997.

This Report uses the term 'Indigenous' to refer exclusively to Aboriginal and Torres Strait Islander peoples.

Part One of the Report, 'Executive Summary', contains brief statements of each Department's and Agency's actions during the period covered by this Report. Attached to Part One are case studies which document five of the Queensland Government's major initiatives in this field. Part Two lists the achievements of each Department and Agency during this period and their goals for 1997-8. Part Three contains a number of statistical profiles of issues central to the implementation of the Recommendations. Parts Four and Five examine groups of recommendations under headings derived from the original Royal Commission report. Part Four is concerned with Underlying Issues and includes a section on women and families. This is the first time that this section has been included in the Report. Part Five deals with the Criminal Justice System. This is followed by the Implementation Table, which deals in detail with each of the 339 Recommendations. The Report also contains an Appendix, which reproduces the Recommendations in their entirety.

The following table summarises the status of the Recommendations as at June 1997 and indicates changes in status since June 1996. The definition of each status category is as follows: • 'Implemented' refers to recommendations which have been incorporated in legislation or operations manuals; • 'Ongoing' refers to recommendations which have no clear sunset condition; • 'Part Implemented' is applicable where only some agencies have implemented a procedure which applies to multiple agencies, or where agencies have not fully implemented a recommendation; and • 'Imminent' indicates that it is expected that a recommendation will be implemented prior to the release of the next report.

Status of the 339 Recommendations 1995-96 1996-97 Implemented 130 163

Ongoing 76 79

Part Implemented 48 30

Imminent 22 4 Not supported 1a

Not implemented 2 5b

Other jurisdiction 60 57

a See Recommendation 273 See Recommendations 79, 81, 85, 191, 329

This Preface outlines a number of the main activities of the Queensland government and its agencies during the period under review. The body of the Report contains details of these programs and initiatives.

1996-97 RCIADIC Implementation Report - Preface In acknowledgment of the report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families, in June 1997 the Queensland Parliament , on behalf of the people of Queensland, acknowledged the suffering caused to Indigenous people and their communities by policies which had removed Aboriginal and Torres Strait children from their families (see Part 2).

In May 1997, Queensland Parliament passed a motion affirming its commitment to the ongoing process of Indigenous/non- Indigenous reconciliation (Part 41). All Queensland Government Departments and Agencies have implemented policies to further the cause of reconciliation . These include cross-cultural awareness training , in many cases delivered by Indigenous staff members of the Departments involved (see for example, Part 4d), and Education Queensland's Reconciliation Project for Secondary Schools in the Metropolitan Area (see Case Studies).

The Premier has approved Equal Employment Opportunity targets for Aboriginal and Torres Strait Islander people of 2.4 percent across the Queensland Public Sector by the year 2000, and 2.4 percent across all salary levels by the year 2005 (Part 4i). Branches of several Departments have already attained these levels.

Early in 1997, the Indigenous Advisory Council replaced the Aboriginal and Torres Strait Islander Overview Committee and the Aboriginal Justice Advisory Committee as the State's peak advisory body on Indigenous issues. The Indigenous Advisory Council has broad terms of reference to advise the Queensland Government and the Minister for Families, Youth and Community Care on the full range of issues affecting Indigenous people . Comprising fourteen Indigenous members, with Mr Neville Bonner AO as full-time Chairman , the Council initially focused on deaths in custody issues (Part 1).

The Department of Families , Youth and Community Care (DFYCC) has consulted extensively with Torres Strait Islander people on the long-standing issue of the legal recognition of traditional Torres Strait Islander adoption practices. In April 1997, the Department sponsored a three-day Traditional Adoption Workshop in Townsville. This was the first occasion on which Torres Strait Islanders, government representatives and members of the Family Court had met to discuss this issue. Both a Traditional Adoption Working Party and the DFYCC have continued to consider the options raised at that Workshop (Part 4a). The initiation of programs to enhance the well-being of Indigenous women and families has also been the prerogative of the DFYCC (Part 4a).

The Department of Environment (DoE) has collaborated closely with the Aboriginal and Torres Strait Islander Commission (ATSIC), regional Land Councils , local Indigenous representative bodies and other organisations in the management of fire use, vegetation change , commercial activity and scientific research in the Wet Tropics World Heritage Area, and in the management of the Brisbane River, Moreton Bay, National Parks, and cultural heritage sites (Parts 1, 4b, 4c, 4i).

In 1991, Commissioner Johnston declared in Chapter One of the RCIADIC Report that 'it is a principal thesis of this report that [Aboriginal and Torres Strait Islander history] must become more known' (National Report: Overview and Recommendations, 1.4.1). Both the DoE and the DFYCC have made significant contributions to the recording of that history. The DoE's Cultural Heritage Branch made grants to 23 Aboriginal and Torres Strait Islander organisations. The sponsored programs included the Queensland Community History (Indigenous Heritage) Grants Program, which focuses

1996-97 RCIADIC Implementation Report - Preface on the relationship between people and place, and on the Indigenous history of Queensland. These programs have also included the identification, recording and preservation of a large number of sites which are significant to Indigenous culture and history (Part 4b).

In 1996-7, 541 Indigenous people availed themselves of information from the DFYCC's Communities and Personal Histories Section, which was established in 1992 . During this period the Section administered 32 grants to Indigenous organisations or individuals. These grants have facilitated the reconstruction of individuals ', families' and communities ' histories, and have allowed the recording of Indigenous people 's own accounts of the past (Part 4b).

Nagi Binanga, the standing committee which advises the Department of Training and Industrial Relations (DTIR) on issues impacting on Indigenous people, has been integral to the Department's efforts to more fully involve Indigenous people in the planning and development of Vocational Education and Training (VET) programs. In February 1997, Nagi Binanga convened its first annual Industry Training Advisory Bodies Networking Forum, with the aim of coordinating efforts in this field. Nagi Binanga also developed a set of guidelines to further facilitate consultation with Indigenous groups and has become responsible for the development and delivery of a curriculum for the Essential Services Traineeship for Aboriginal and Torres Strait Islanders (Parts 4b, 4c).

This Report details the development and implementation of Total Management Plans by the Department of Local Government and Planning (DLGP) in conjunction with a number of other Departments. Through its agencies, and in close consultation with local communities, the DLGP undertook a survey of the infrastructure needs of thirty-four Indigenous communities. The focus of the Plans was these communities' infrastructure needs over the next ten years, and the development of a prioritisation methodology for infrastructure development. The Case Study argues that the process of developing these Plans, and their delivery to the communities, has empowered Aboriginal and Torres Strait Islander people by involving them in the decision-making processes which affect their communities. The Total Management Plans are now being extended to smaller remote communities (see Case Studies).

Complementing the Total Management Plans, the DFYCC developed an Alternative Governing Structures Program, designed to facilitate greater self-determination in Aboriginal and Torres Strait Islander communities. Eleven communities participated in this program, which is intended to support Indigenous communities in developing decision-making structures which affect both government service delivery and their own community organisations. At Aurukun, this Program resulted in the establishing of the Alcohol Law Council, a body through which elders can decide on alcohol laws within that community. This Council has implemented a system of dry areas throughout the community. The DFYCC is continuing to monitor the effectiveness of this program which is the first of its kind in Queensland. At Thursday Island, funding under the Program resulted in the incorporation of a new representative community council to regulate the development of a number of island communities. This Program will be expanded in 1997-8 (Part 4c).

The DLGP also has a role in funding the Councils, which it does on the same basis as mainstream local governments. In 1996-7 the DLGP had particular input into Community Development Plans at New Mapoon and Port Stuart in Cook Shire, and at Mona Mona in Mareeba Shire. The Queensland Council for Rural and Regional Communities, founded under DLGP auspices in January 1997 to represent the views of rural and regional communities to government, consults extensively with, amongst others, Indigenous communities. Also in 1997, the Minister for Local Government and Planning agreed to consult on infrastructure projects with the Joint Ministerial Advisory Committee, an indigenous committee comprising representatives from the community and elected peak bodies. Such consultation will be further facilitated by the enactment of the Integrated Planning Bill, work on which was completed in February 1997 (Part 4c).

1996-97 RCIADIC Implementation Report - Preface III In April 1997 the Department of Economic Development and Trade (DEDT), in collaboration with the DFYCC , received approval from the Queensland Government to begin development of the Queensland Aboriginal and Torres Strait Islander Economic Development Strategy. This Strategy aims to increase Aboriginal and Torres Strait Islander education , vocational training and employment opportunities, and to expand business opportunities for Indigenous peoples . Implementation of the Strategy will commence in 1998 (Part 4i).

The DEDT also facilitated greater involvement of Indigenous peoples in the economic development of their own communities . In particular, this is evident in the DEDT 's support of the Cloncurry-based Koutha Aboriginal Development Corporation. This Corporation aims to generate economic benefits from local mining activity . The Department, in cooperation with ATSIC and Ernest Henry Mining Pty Ltd, jointly funded the first year of the Corporation 's operation (Part 4i).

Education Queensland (EQ) has established a new Branch to improve the educational opportunities of Indigenous students. The Aboriginal and Torres Strait Islander Branch, incorporating the functions of a number of previous Branches , will provide effective leadership , advice and services in policy , teaching/learning and curriculum so as to ensure equity of access, participation and outcomes for Aboriginal and Torres Strait Islander students and communities (Part 4k). EQ has also developed a Reconciliation Project for Secondary Schools in the Metropolitan Area (Case Studies). In 1997 EQ successfully piloted this Project in six schools (Part 41).

During 1996-7 State Cabinet endorsed Queensland Health 's (HEAL) Implementation Plan for the Queensland Aboriginal and Torres Strait Islander Health Policy . This Policy addresses the planning , funding, coordination and delivery of health services to Indigenous people and will involve the cooperation of ATSIC and the Queensland Aboriginal and Islander Health Forum. HEAL has also established a network of Aboriginal and Torres Strait Islander reference groups which will contribute to a Queensland Indigenous Alcohol, Tobacco and other Drug Strategy (Part 4e). In order to further coordinate the planning and delivery of health services to Indigenous people , HEAL also signed a bilateral agreement with the Commonwealth Department of Health and Family Services (Parts 4c , 4i). A major outcome of this agreement is the development of a Medical Benefits Scheme for remote Indigenous communities (see Case Study Two).

Commissioner Johnston also noted in 1991 that 'in many cases death [in custody ] was contributed to by system failures or absence of due care' (1.2.3). During 1996-7 the Queensland Government initiated a number of strategies to remedy these deficiencies. The Department of Justice (JUS) oversaw a number of legislative changes which will enable Justices of the Peace in remote communities to more rapidly process cases through magistrates courts . To this end the JUS completed Justices of the Peace training in a number of communities , with 190 people having undertaken the training and 112 appointed as Justices of the Peace . At the close of this period the JUS was continuing to review the Coroners Act 1958 with a view to establishing an Office of State Coroner (Part 4d).

The DFYCC manages a Diversion from Custody Program , the function of which is to establish and fund diversionary centres which can provide non-custodial facilities for Indigenous people who are at risk to themselves and their communities due to the effects of alcohol. In 1996-7, such facilities were established in four of the state's larger centres (Parts 4c, 5d).

The DFYCC has also continued to coordinate the Local Justices Initiatives Program . This Program aims to assist Aboriginal and Torres Strait Islander communities and organisations to develop strategies to address law and order issues. Its overarching goal is to reduce the incidence of offending behaviour, and thereby to reduce the high incidence of contact with the criminal justice system. Prevention , early intervention and diversionary initiatives therefore form the basis of the

1996-97 RCIADIC Implementation Report - Preface IV Program's strategies (Parts 5i, 5g, 4b). During 1996-7, under this Program , OATSIA supported 44 projects in more than 30 locations across Queensland . To date, Community Justice Groups have been the most common type of initiative developed by communities participating in the Program . These Groups involve themselves in a range of activities including street patrols , the implementation of diversionary strategies , the counselling of offenders , advising Magistrates on sentences, and supervising community service orders . The activities of these groups have gained conspicuous successes in dealing with Indigenous youth (Part 5c).

In order to more fully address the delivery of professional and equitable policing services to Aboriginal and Torres Strait Islander people , the Queensland Police Service (QPS) is developing a strategic directions document and has reviewed its delivery of services to remote Aboriginal and Torres Strait Islander communities. The increasing employment of Police Liaison Officers (PLOs) has also played a significant role in addressing these issues and in creating trust and understanding between Aboriginal and Torres Strait Islander communities and the Police. During 1996-7, a total of 102 PLOs were employed in Queensland . The QPS, in conjunction with Education Queensland, has also initiated a system of School-Based Policing, whereby a police officer is attached to a cluster of schools and acts to identify the schools' and their communities' policing needs, assist in the development of curricula to meet those needs , and carry out initial investigation of offences within the school. Communication between the QPS and Indigenous communities was further enhanced by the appointment of the Chair of the Indigenous Advisory Council to the position of honorary adviser to the QPS on Indigenous issues. In March 1997 the Cultural Advisory Unit, which acts to promote and maintain positive relationships between ethnic and Indigenous communities and the Police , was transferred to the Office of the Commissioner of Police. This allows direct access to the Commissioner and to the Senior Cultural Adviser (Part 5c).

Similarly, the Queensland Corrective Services Commission (QCSC) has appointed Indigenous people to senior management positions, introduced an Aboriginal and Torres Strait Islander Support Worker Scheme at two of its correctional centres, introduced Aboriginal and Torres Strait Islander Mental Health Workers into correctional and juvenile centres , and expanded its Elders Visitation Program . In addition , the QCSC continued to offer one of the widest ranges of non -custodial options for the management of offenders of any Australian correctional jurisdiction (Parts 1 , 2, 4b). Nevertheless, during this period four Aboriginal or Torres Strait Islander People died while in the care of the QCSC . This is the largest number of deaths since the Royal Commission into Aboriginal Deaths in Custody began its inquiries (Part 3).

The QPS has initiated a number of strategies to directly address the issue of Aboriginal deaths in custody including a cell visitors project, a visiting nurses scheme , a review of watchhouse management practices and an upgrade of watchhouse conditions. The Australian Institute of Criminology has noted that , in the period under review, the QPS has 'reversed the cycle' in regards to Indigenous deaths in custody (Parts 1, 5e). During 1996-7, no Indigenous people died in the Custody of the QPS (Part 3).

1996-97 RCIADIC Implementation Report - Preface H ,arc i Lvl i Executive Summary

DEPARTMENT OF ECONOMIC DEVELOPMENT AND TRADE (DEDT)

By co-ordinating the implementation of the State Economic Development Strategy , the Department of Economic Development and Trade (DEDT) aims to improve the economic opportunities of all Queenslanders , including Aboriginal and Torres Strait Islander people.

The Department maintains a whole -of-State approach to economic development and planning . The Department in collaboration with the Department of Families , Youth and Community Care commenced preparation of a Queensland Aboriginal and Torres Strait Islander economic development strategy to clearly define objectives and a framework for Indigenous economic development.

The Department's commitment to Indigenous economic development is further demonstrated by support for Cloncurry-based Koutha Aboriginal Development Corporation , previously North West Queensland Aboriginal Development Corporation, which aims to generate benefits for local Aborigines from mining activity in the region (R.300, R.309, R.314).

DEPARTMENT OF ENVIRONMENT (DoE) The mission of the Department of Environment is to promote the protection and wise use of the environment to support the economic and social wellbeing of Queensland . A major goal of the Department in achieving this mission is: "To recognise the traditional rights of Aboriginal and Torres Strait Islander people". To achieve this goal the following objectives have been identified in the Department 's planning for Aboriginal and Torres Strait Islander people: • To facilitate the joint management of national parks which are successfully claimed under the Aboriginal Land Act 1991; • To provide for the ecologically-sustainable use of wildlife by Aborigines and Torres Strait Islanders under Aboriginal tradition and Island custom; To investigate and promote the historical and contemporary context of places of cultural heritage significance to Aboriginal and Torres Strait Islander people; • To identify, protect and provide advice on places of cultural heritage significance to Aboriginal and Torres Strait Islander people; • To support the involvement of Aboriginal and Torres Strait Islander people in the conservation of natural and cultural heritage.

The Department of Environment directly services Aboriginal and Torres Strait Islander people through the Cultural Heritage Sub-program , the Wet Tropics Management Authority, the Coastal Management Sub-program (Marine Parks Section), the National Parks and Wildlife Service , the Work and Labour Market Program and the Environment Program.

1996-97 RCIADIC Implementation Report - Part 1 1 The Department of Environment has a lead agency role in the implementation of Recommendation 315 from the Royal Commission into Aboriginal Deaths in Custody, which concerns the involvement of Aboriginal people in the management of national parks. A total of 15 national parks have been gazetted as available for claim under the Aboriginal Land Act 1991. Claims have now been lodged over 12 of these national parks . In addressing Recommendation 315, management arrangements with Aboriginal people have been progressed through such initiatives as: • the establishment of a formal Aboriginal advisory committee for Lawn Hill National Park comprising four Waanyi people; • the appointment of Aboriginal representatives to the Protected Areas , Crocodile Management and Macropod Management Advisory Committees; • continuing negotiations with Aboriginal traditional owners regarding management arrangements for Starcke Lands and the Silver Plains Pastoral leases , which were acquired by the Queensland Government in co-operation with the Commonwealth Government and the Cape York Land Council.

Several initiatives have been undertaken by the Wet Tropics Management Authority with regard to the implementation of Royal Commission recommendations. These include: • the conduct of an eighteen month long review of Aboriginal involvement in the management of the Wet Tropics World Heritage Area, overseen by an Aboriginal steering committee; • the release of the draft Wet Tropics management plan, which deals with, among other matters , Aboriginal involvement in the management of the Wet Tropics World Heritage Area; and • the establishment of the Aboriginal Resource Management Program as an individual entity within the Wet Tropics Management Authority's structure and budget.

Two major pieces of legislation within the Department of Environment portfolio have implications for Aboriginal and Torres Strait Islander people . First, the Environmental Protection Act 1994, gazetted on 1 March 1994, is to be administered as far as practicable in consultation with and having regard to the views and interests of (in particular) Aborigines and Torres Strait Islanders under Aboriginal tradition and Islander custom . During 1996-1997, information was sent out to Indigenous (Deed of Grant in Trust) Community Councils on the Environmental Protection Policies (EPPs ) for Noise and Air. An Aboriginal officer was seconded to the Department's Far Northern Regional Office to liaise with Indigenous communities. The peak bodies for the Indigenous (Deed of Grant in Trust) Community Councils , the Aboriginal Co-ordinating Council (ACC) and the Island Co-ordinating Council (ICC), were regularly consulted during the development of the EPPs . In March and July 1997, information to all Councils and peak bodies was provided through briefings from the desk of the Principal Liaison Officer, Policy, in Central Office.

Second , the Coastal Protection and Management Act 1995 provides that:- Aboriginal interests in land must be considered in developing coastal plans; • Aboriginal interests are directly represented on coastal consultative groups; and • Coastal consultative groups have an obligation to ensure that Aboriginal people have been consulted on coastal planning matters.

1996-97 RCIADIC Implementation Report - Part 1 2 DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC)

INTERDEPARTMENTAL COORDINATION BRANCH (IDC) The Indigenous Affairs Inter-departmental Coordination Branch coordinates intra-departmental and whole-of-government activities associated with the Office of Aboriginal and Torres Strait Islander Affairs. Its three broad areas of responsibility are Royal Commission into Aboriginal Deaths in Custody matters, negotiated agreements developed under the "right to negotiate" procedures of the Native Title Act 1993 (Cth), and the Ministerial Summit on Indigenous Deaths in Custody.

Each year the Branch prepares the Queensland Government Progress Report on the Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody . The Branch also coordinates OATSIA and Indigenous Advisory Council references to the Chief Executive Officer's Steering Committee on Social Development which has an extended brief to address the delivery of a range of resources that will lead to improved infrastructure and community development within Queensland Indigenous communities.

The Branch coordinates the Department's funding commitments of $3.54M under the Century Zinc Agreement for the development of infrastructure and other services for a number of communities in the State 's North West Minerals Province. The Branch also coordinates activities associated with the Outcomes Statement of the Ministerial Summit on Indigenous Deaths in Custody. These activities include whole-of-government liaison for the preparation of Justice and Other Agreements which address the over-representation of indigenous peoples in the justice system.

PROGRAM DEVELOPMENT BRANCH The Program Development Branch of OATSIA administers a number of programs which directly address the RCIADIC recommendations. This will continue during 1996/97 with the ongoing development and implementation of programs for diversion from custody, economic development , outstation development , land and natural resource management and local justice initiatives . The Program Development Branch works with a range of government agencies to improve the linkages between government, and with Aboriginal and Torres Strait Islander organisations . The Branch aims to ensure that government agencies respond positively and work collaboratively with Aboriginal and Torres Strait Islander people when developing and implementing strategies for addressing Indigenous issues.

INFORMATION, PLANNING AND REVIEW The Information, Planning and Review Branch plays an important role within and across the Aboriginal and Torres Strait Islander program in providing data useful in assessing client needs and designing and targeting new program initiatives.

In particular, the Branch liaises with all Queensland Government departments and agencies to ascertain each department's programs, services and funding pertaining to the needs of Aboriginal and Torres Strait Islander people. This information (R. 2e) is published and widely distributed on an annual basis and has proven useful both in forming a whole-of-government approach to planning for Indigenous services , and as a convenient directory to assist Aboriginal and Torres Strait Islander people in accessing Queensland Government programs. The development of an agreed liaison protocol with the Chief Executive Officers' Steering Committee on Social Development and the Indigenous Advisory Council has also assisted in a whole-of-government approach to Aboriginal and Torres Strait Islander Affairs policy co-ordination.

The Branch is also responding to Recommendation 48 by developing a Queensland Indigenous Planning Information System (QIPIS) (R.48). This system incorporates a wide range of information pertaining to the characteristics of Queensland's Indigenous population . The available statistical information is drawn from the Indigenous Profile produced

1996-97 RCIADIC Implementation Report - Part 1 3 by the Australian Bureau of Statistics (ABS), the National Survey of Aboriginal and Torres Strait Islander Peoples conducted on behalf of the Aboriginal and Torres Strait Islander Commission by the ABS in 1994, and the National Housing and Infrastructure Needs Survey conducted by the ABS in 1992. This information will be augmented progressively as new census, survey or administrative data becomes available.

The desk top geographic information system integral to CDATA 96 provides the operating system for QIPIS. Release 2 of the CDATA 96 system will allow the available statistical information to be represented spatially utilising the new Indigenous Statistical Geography developed by the ABS. All Indigenous communities in Queensland of eighty or more people (Indigenous Localities) and two hundred or more people (Indigenous Areas) will be incorporated in the new Statistical Geography. In addition, the development of consultation protocols and the training of Indigenous staff in the Cultural Awareness Train the Trainer course, Mura Ama Wakanna, has enhanced the requirements of Recommendation 210, a,b & c. (R.210)

COMMUNITY COUNCIL SUPPORT BRANCH The Office of Aboriginal and Torres Strait Island Affairs administers a number of programs that provide support to Aboriginal and Island Councils established under the Community Services (Aborigines) Act 1984 and the Community Services (Torres Strait) Act 1984. The Councils provide a broad range of local government and other functions, including local justice administration on the 31 Deed of Grant In Trust communities in Queensland . Support to the Councils includes: • The State Government Financial Aid Fund Program, which assists Aboriginal and Torres Strait Islander Councils to provide local government services to residents on Deed of Grant In Trust communities; • The Financial Accountability Improvement Program , which seeks to address problems in the financial accountability of Aboriginal and Island Councils; • The Council Training Program , which provides funding for the delivery of financial management and administrative training to Aboriginal and Torres Strait Islander Councils; The Motor Vehicle and Heavy Equipment Replacement Program, which provides funding to Aboriginal and Torres Strait Islander Councils for vehicles , plant and equipment; The Infrastructure Support and Outstation Development Program , which provides financial support to Aboriginal and Torres Strait Islander Councils for infrastructure projects and facilities , and to support outstations; The Torres Strait Council Accommodation Program, which provides financial support to Councils in the development and building of accommodation suitable for the Torres Strait Islander Council 's administration; and The provision of advice and assistance to Councils in the development of Council by-laws and the conduct of Council elections and in the administration of local justice systems through Council by -laws, community police and community courts.

RETAIL STORES The Retail Stores Branch operates six grocery and variety stores in the Aboriginal Communities of Doomadgee, Kowanyama , Lockhart River, Palm Island , Pormpuraaw, and Woorabinda. The Branch aims to provide an affordable and effective service to the communities , to an equivalent retailing standard to that found in regional centres.

The introduction of EFTPOS facilities in the stores has given greater convenience to customers and reduced the reliance on cash . Our customers have greater control over their disposable income , which has resulted in increased purchases of food lines.

1996-97 RCIADIC Implementation Report - Part 1 4 A Nutritionist is soon to be employed. In conjunction with a Nutritional Reference Group the nutritionist will develop a nutrition policy and set up monitoring mechanisms to maximise the quality, availability, and affordability of healthy food items. The ultimate aim is to have an important role in improving the health of the Aboriginal and Torres Strait Islander peoples.

COMMUNITY CARE PROGRAM The goal of the Community Care Program in 1996-7 was to contribute to the development of responsive communities which care for families and individuals, promote their interests and assist them in crisis.

Significant initiatives of the Community Care Program include the Management of Public Intoxication Program and the Supported Accommodation Assistance Program.

• Management of Public Intoxication Program The Management of Public Intoxication Program, which aims to provide alternative options to watchhouse custody, targeted five specific Aboriginal and Torres Strait Islander communities in 1996-7 to develop communities' responses to public drunkenness. Each community undertook a planning phase and three areas commenced implementation. including Woorabinda, Mornington Island and Aurukun.

• Supported Accommodation Program The Department negotiated with the Supported Accommodation Assistance Program (SAAP) Indigenous service providers in Cairns and Townsville regarding the development of an integrated response to the issues of homelessness and public drunkenness in these communities.

FAMILIES PROGRAM The Program provides services to children and families where concerns about child abuse or neglect have been identified.

Strategies to reduce the over-representation of Aboriginal and Torres Strait Islander children in the child protection system continued to be implemented in 1996-7. Protocols were developed to encourage greater cooperation between the Department and Aboriginal and Torres Strait Islander community agencies.

There was a strong emphasis in the period on support to careproviders for children under the guardianship of the Director General. Extra funds were provided to non-government Shared Family Care agencies, including six Aboriginal and Islander Child Care Agencies. The funds increase the capacity of these agencies to recruit, train and support Indigenous careproviders for children who are at risk of harm and who therefore need a placement away from home.

YOUTH PROGRAM The Program facilitates the coordination of youth policies and programs, the provision of grants and developmental support to the community youth sector which includes initiatives to prevent offending behaviour, and the development of models for young people 's participation in decision making and leadership development.

The program also provides noncustodial juvenile justice services designed to prevent young people engaging in offending behaviour, inform the courts and legal representatives about the factors impacting on juvenile offending and be supportive of the person changed with an offence and their family. Young people sentenced to an order are supervised to minimise the risk of re-offending as well as to ensure compliance with the order and the experience of a meaningful consequence.

1996-97 RCIADIC Implementation Report - Part 1 5 Within the Program , the Office of Youth Affairs and the Youth Justice Branch administer and deliver the key services and activities.

OFFICE OF YOUTH AFFAIRS The two major functions of the office are the management of youth grants and the implementation of the youth affairs lead agency role for Government.

YOUTH JUSTICE BRANCH Changes to the Juvenile Justice Act in 1996 established the current arrangements for the administration of juvenile justice. Through tripartite arrangements, the Department of Justice administered the Juvenile Justice Act 1992 and was responsible for policy and legislation development , research , program coordination and community conferencing. The Queensland Corrective Services Commission (QCSC) had overall responsibility for the development and operation of youth detention centres, which in 1996-7 were operated by Queensland Corrections (QCORR). The Department of Families , Youth and Community Care had responsibility for the development of youth community corrections, case management of young offenders and some court support services.

In 1996-97 a number of projects were designed to address the over-representation of Indigenous young people in the juvenile justice system.

In its effort to deliver coordinated services to young offenders , the Youth Justice Branch liaised regularly with QCSC, QCORR, the Department of Justice and the Queensland Police Service.

HUMAN RESOURCE MANAGEMENT BRANCH Because of the high number of Aboriginal and Torres Strait Islander clients it serves , the Department's Aboriginal and Torres Strait Islander Employment and Career Development Strategy was designed to increase the numbers and proportion of Aboriginal and Torres Strait Islander staff employed permanently . The Strategy recognised the need to employ, in specified positions , people who have the ability to communicate sensitively and effectively with Aboriginal and Torres Strait Islander clients . The key element of the strategy was the effective use of specified positions to employ significant numbers of Aboriginal and Torres Strait Islander people . Such positions have occurred at all levels of the Department . In December 1996, one of the five Regional Directors (SES 2 level) appointed was Indigenous.

Following the launch of the Anti-Racism policy in December 1996, the Department was awarded an Office of the Public Service Best Practice Award for anti-discrimination initiatives. The policy was accompanied by best practice , rights and issues papers promoting the elimination of racial discrimination and harassment in the workplace.

There were a total of eight Aboriginal and Torres Strait Islander staff on the Department 's Aboriginal and Torres Strait Islander Undergraduate and Staff Scholarship Program.

Three of the Department's Indigenous staff were successful in gaining placement on the Department of Training and Industrial Relations (DTIR) Middle Management Training Program.

The Aboriginal and Torres Strait Islander Staff Reference Group provided advice on reviews of human resources policy and practice , such as Recruitment and Selection and Induction.

1996-97 RCIADIC Implementation Report - Part 1 6 The Mura Ama Wakaana Aboriginal and Torres Strait Islander Cultural Awareness Training Program was implemented. There were a total of eight Indigenous staff who received accreditation as trainers in this cultural awareness package. These trainers have commenced cultural awareness training for Departmental staff.

INFORMATION MANAGEMENT The Community and Personal Histories Grants Program has been implemented to provide funds to Aboriginal and Torres Strait Islander peoples to reconstruct their own, their families' and their communities' histories ; to enable them to give their own account of the past as well as to enable them to manage their own research projects , define their own research subjects and control the project outcomes (R.51, R.53, R.56).

The Community and Personal Histories Access Policy has been implemented, allowing access to historical government records relating to Aboriginal and Torres Strait Islander peoples whilst maintaining individual people's privacy and confidentiality (R.53).

INDIGENOUS ADVISORY COUNCIL (IAC) The Aboriginal and Torres Strait Islander Overview Committee was dissolved at the end of 1996. In accordance with Recommendation 1 of the Overview Committee's report, An Agenda for Action (1996), the functions of this committee were then amalgamated with those of the Aboriginal Justice Advisory Committee . Following consultation with key stakeholders, the Minister for Families, Youth and Community Care announced on 14 January 1997 the establishment of a new organisation with wider terms of reference the Indigenous Advisory Council.

The Indigenous Advisory Council is the Queensland Government's peak advisory body on all Indigenous issues. Under its terms of reference, it is responsible for providing advice to the Government and the Minister for Families, Youth and Community Care on: • the implementation of the Royal Commission into Aboriginal Deaths in Custody recommendations; • the development and implementation of policy which may impact on Indigenous Affairs in Queensland; ® the effectiveness of programs for Indigenous people being funded by the Queensland Government; • the broad priorities for expenditure in Indigenous Affairs; • the impact of Commonwealth policy, programs and issues on Indigenous Affairs in Queensland; • the means of improving relationships between Indigenous and non-Indigenous people; and • key issues of particular concern, including those referred to it by the Minister for Families, Youth and Community Care.

The membership of the Council is entirely Indigenous, thus giving Aboriginal and Torres Strait Islander people a direct and independent voice on policy issues affecting their own wellbeing. The Council works in co-operation with, but is independent of, other State Government agencies, including the Office of Aboriginal and Torres Strait Islander Affairs.

The establishment of the Indigenous Advisory Council responds to Recommendations 1-3 of the Royal Commission into Aboriginal Deaths in Custody (R.1, R.2, R.3).

The full-time Chairman of the Indigenous Advisory Council was appointed on 13 January 1997, but the process of appointing part-time members was not completed until March. Some members from the Aboriginal and Torres Strait Islander Overview Committee and the Aboriginal Justice Advisory Committee were appointed to provide continuity with

1996-97 RCIADIC Implementation Report - Part 1 7 previous decision making. Other members were appointed to represent particular organisations , namely the Aboriginal Coordinating Council, the Island Coordinating Council, and the State Reconciliation Committee. The remaining members were selected through a process of public advertising for expressions of interest.

The Council was officially launched on 8 April 1997 with a membership of fourteen , as follows: Mr Neville T. Bonner A.O. (Chairman) from Ipswich ; former Senator for Queensland • Ms Cheryl Buchanan (Deputy Chair) from Coominya; previously Chairperson of the Aboriginal Justice Advisory Committee • Mr Jacob George (Deputy Chair) from Ingham; previously Acting Chair of the Aboriginal and Torres Strait Islander Overview Committee • Mr Bob Anderson from Brisbane; Chairperson of the State Reconciliation Committee • Mr John Anderson from Toowoomba; Regional Manager (Cultural Heritage) in the Department of Environment Southwestern Regional Office • Ms Jeanie Bell from Gympie; community linguist and freelance community artist • Mr Dalton Bon from Thursday Island; previously a member of the Aboriginal and Torres Strait Islander Overview Committee • Mr Des Bowen from Hopevale ; previously a member of the Aboriginal and Torres Strait Islander Overview Committee • Mr Lloyd Fourmile from Cairns; Chair of the Aboriginal Coordinating Council • Father Gaidam Gisu from Mer Island ; previously a member of the Aboriginal Justice Advisory Committee • Mrs Pattie Lees from Mount Isa; Administrator of the West Queensland Aboriginal and Torres Strait Islander Corporation for Legal Aid • Mr Getano Lui (Jnr) A.M. from Thursday Island ; Chair of the Island Coordinating Council • Mr Colin Neal from Yarrabah ; previously a member of the Aboriginal and Torres Strait Islander Overview Committee • Ms Sylvia Reuben from Palm Island; previously a member of the Aboriginal Justice Advisory Committee.

Soon after appointment, Mr Lloyd Fourmile was succeeded as Chair of the Aboriginal Coordinating Council by Mr Wayne Connolly, also from Cairns, who then replaced Mr Fourmile on the Indigenous Advisory Council. Ms Jeanie Bell resigned soon after appointment and was succeeded by Ms Margaret Hornagold from Rockhampton, Deputy Chairperson of the Central Queensland ATSIC Regional Council.

Each member of the Indigenous Advisory Council is responsible for one of ten geographical areas throughout Queensland, with some areas being represented by more than one member. This arrangement ensures that all Indigenous people have ready access to the Council and are therefore represented effectively . It also ensures that Council members are fully aware

1996-97 RCIADIC Implementation Report - Part 1 8 of the diversity of Indigenous experience and opinion throughout the State.

The Indigenous Advisory Council is served by a secretariat of ten staff provided by the Office of Aboriginal and Torres Strait Islander Affairs. The budget for the Council and Secretariat for the period from January to June 1997 was $209,190.

By 30 June 1997, the Indigenous Advisory Council had held its first two meetings, an inaugural general meeting from 8-10 April 1997 and a special meeting on 29 April 1997 to discuss administrative issues. Topics discussed at the first meeting included the Queensland coronial laws, community justice groups, diversionary centres, Police Liaison Officers, and the Elders' Justice Network. As a result, some recommendations were made to the Minister for Families, Youth and Community Care.

During the early months of the Council's existence, the Chairman (Mr Neville T. Bonner A.O.) was active in various meetings and forums promoting the Council throughout Government and the community . Mr Bonner also involved the Council in a number of policy issues relevant to implementation of the recommendations of the Royal Commission into Aboriginal Deaths in Custody. One example of note was his role assisting Judge Fred McGuire in the Children's Court at Cherbourg , where Mr Bonner, as an Aboriginal Elder, played an equal part with the Judge in all respects, including sentencing. This occasion was regarded as a successful pilot for possible future use of Aboriginal Assistants in court, as a way of making court processes more culturally relevant for Indigenous offenders and their families . (R.100).

Discussions were held with the Queensland Police Service and others on various issues regarding police relations with Indigenous communities, including cross-cultural awareness training and use of Police Liaison Officers. (R.228), (R.231). Discussions were also held with a view to furthering the Government's commitment to providing diversionary centres as a strategy for addressing the problem of public drunkenness. (R.80).

The Indigenous Advisory Council assisted the Queensland Corrective Services Commission with advice on culturally sensitive treatment of Indigenous prisoners . Inspections and assessments were carried out in northern correctional centres and suggestions for improvement were made as a result. (R.168).

The Indigenous Advisory Council assumed responsibility for a project initiated by its predecessor , the Aboriginal and Torres Strait Islander Overview Committee, in which senior staff of Griffith University Law School were commissioned to report on Queensland 's coronial laws. The purpose of the project was to identify the adequacies and inadequacies of the coronial system and make recommendations addressing specific problem areas . A preliminary report was presented to the Indigenous Advisory Council in April 1997. (R.7).

The Indigenous Advisory Council provided various forms of assistance to the Aboriginal and Torres Strait Islanders Corporation (QEA) for Legal Services, and to other Indigenous community organisations . It also participated in meetings of the National Aboriginal Justice Advisory Committee and other representative bodies.

DEPARTMENT OF JUSTICE (JUS) Over the financial year 1996-97, the Department of Justice (JUS) continued its implementation of the recommendations impacting on its responsibilities.

1996-97 RCIADIC Implementation Report - Part 1 9 The major areas of continued implementation of these recommendations are summarised as follows: • During the financial year 1996-97, JUS continued its commitment to the implementation of a specific employment strategy entitled Aboriginal and Torres Strait Islander Training. Ten employees successfully completed the traineeship and were appointed to permanent positions. There were 27 Aboriginal and Torres Strait Islander employees in JUS as at 30 June 1997. Several cross-cultural awareness, programs have been held within the Courts Division to increase the awareness of staff in dealing with Aboriginal and Torres Strait Islanders and non-English clients. 82 departmental officers have attended these programs. Justices of the Peace training was completed in the remote communities of Mornington Island , Napranum and Doomadgee . In all, 190 people have been trained in Aboriginal and Torres Strait Islander Communities throughout Queensland , with 112 people appointed as Justices of the Peace (Mag Ct). Refresher training was also provided to the communities of Kowanyama and Thursday Island. • The Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Act 1997 was introduced and passed during this reporting period. This Act will enable a court consisting of a Clerk of the Court and one other Justice of the Peace, or consisting of two Justices of the Peace, to be convened in Aboriginal and remote communities where it is not practical for the Clerk of the Court to decide a matter alone or if the defendant does not consent to his or her doing so. • JUS has continued its review of the Coroners Act 1958. In this review, the proposal for the establishment of an Office of State Coroner is being considered.

DEPARTMENT OF LOCAL GOVERNMENT AND PLANNING (DLGP) The Queensland Department of Local Government and Planning's goal is 'Working in Partnership for Better Communities". In meeting this goal, the Department aims to create systems of local government which respond to community needs, to achieve integrated planning which balances social and economic development, and to provide fair access to services for rural communities, on the basis of clients ' needs.

In meeting these aims, the Department contributes to the achievement of the Recommendations outlined in the Royal Commission into Aboriginal Deaths in Custody Report for which it is responsible as an agency and as a contributing agency to whole-of-government outcomes for Aboriginal and Torres Strait Islander Communities.

The Department, in implementing the Recommendations , encourages and enables community participation in planning and decision-making processes of government. The Department also provides financial assistance in the form of grants and subsidies targeted at local governing bodies including Aboriginal and Torres Strait Islander Communities.

The Department's key achievements in contributing to the implementation of the Recommendations are: • In 1996-97, the Aboriginal and Torres Strait Islander Infrastructure Program (ATSIIP) allocated $15 million to infrastructure projects in Indigenous communities . The funds were allocated according to a prioritisation methodology which ATSIIP developed to prioritise the infrastructure projects identified in the Total Management Plans (TMPs). ATSIIP joined with three other government agencies in 1996 to develop TMPs for 34 Aboriginal and Torres Strait Islander communities . The TMPs document the status of existing transport , water, sewerage and waste related infrastructure and allow future infrastructure works to be planned and targeted to those communities with the highest needs . This is seen as critical, as the amount of funding available, even with improved coordination , is insufficient to meet the documented need.

1996-97 RCIADIC Implementation Report - Part 1 10 In 1997, the Minister for Local Government and Planning agreed to take advice from the Joint Ministerial Advisory Committee (JMAC) on infrastructure projects . This is an Indigenous committee with representatives from the community and elected peak bodies (eg. the Aboriginal Co-ordinating Council - ACC). In 1997, JMAC provided approval for the Department to develop a Memorandum of Understanding (MOU) between the State Government and the Aboriginal and Torres Strait Islander Commission (ATSIC) to jointly fund infrastructure projects in some Indigenous communities.

Advisory services were provided to Aurukun and Mornington Shire Councils and other State and Federal agencies about specific issues relating to the operation of the local government system in these communities . In particular, extensive involvement occurred in the examination of issues raised in the Human Rights Commission Reports on Mornington , and in responding to those issues.

A working draft of the Integrated Planning Bill was completed and distributed to stakeholders in February 1997. Feedback from all sectors was considered by a Ministerial Task Force with a number of concerns being subsequently negotiated. A draft of the Bill is to be tabled on 28 August 1997 (and is expected to be assented to later in 1997), to facilitate further public consultation . The Bill will improve planning and decision making at the local, regional and State levels . It will improve the ability of individuals and community groups to participate in a more understandable process . Development decisions will need to take appropriate consideration of cultural issues and ecological sustainability.

The impact of native title on the planning system was researched with specific advice being issued to all local governments.

• Voluntary regional planning exercises throughout the state were facilitated by the Department. The participation of Aboriginal and Torres Strait Islander stakeholder groups has contributed to the ongoing success of these exercises. The Department has developed Regional Growth Management Frameworks, which examine the planning undertaken by peak Aboriginal and Torres Strait Islander bodies.

• Improvements by the Department in the analysis and presentation of demographic and census data have improved the quality of local, regional and State planning decisions.

DEPARTMENT OF MINES AND ENERGY (DME) The Department of Mines and Energy (DME) supports the Queensland Government 's efforts to implement the recommendations of the Royal Commission into Aboriginal deaths in Custody (RCIADIC).

Recommendation 314 (developing mechanisms for notification and determination of Aboriginal interests in major mining and tourism development proposals) holds the greatest direct relevance to the Department. The Commonwealth Native Title Act and the Queensland Native Title (Qld) Act, when fully implemented, will go a long way to addressing land use matters. The definition of landholder in the revised Mineral Resources Act includes the holder of native title.

In addition , DME encourages a work environment that is both non -discriminatory and provides equal employment opportunities for staff. DME will continue to develop and implement strategies to achieve closer alignment with whole-of- public sector targets.

1996-97 RCIADIC Implementation Report - Part 1 11 DEPARTMENT OF NATURAL RESOURCES (DNR) The Department of Natural Resources supports the economic growth of Queensland through the sustainable use, development and management of land , water and native vegetation resources, while protecting the rights and interests of both the individual and the community.

In 1996/97, implementation of the Equal Employment Opportunity Management Plan continued. Initiatives included cultural awareness training for staff; selection panels with Aboriginal and Torres Strait Islander representation ; and reference groups representing Aboriginal and Torres Strait Islander people to advise the EEO consultative committee. Representation of Aboriginal and Torres Strait Islander people on various councils /committees is increasing.

During 1996, there was continued assessment of native title tenure histories and continuing transfers of land under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991.

As a result of the significance of the High Court Wik decision, lead agency responsibility for native title was transferred to the Department of the Premier and Cabinet. The Department of Natural Resources will continue to ensure native title claims are progressed in accordance with legislation and Government policy , and will ensure Aboriginal and Torres Strait Islander interests in land are identified and addressed.

DEPARTMENT OF PRIMARY INDUSTRIES (DPI) The Department of Primary Industries recognises the need for real improvement in the socio -economic circumstances of the Aboriginal and Torres Strait Islander peoples. This Department believes in the continuing commitment to improve the participation and involvement of Aboriginal and Torres Strait Islander peoples. This Department is developing an employment strategy to improve the provision of employment and skill development opportunities which will contribute to redressing the service imbalance that exists.

THE DEPARTMENT OF PUBLIC WORKS AND HOUSING (DPWH) The Department of Public Works and Housing (DPWH) has both a direct and indirect involvement in the provision of services for Aboriginal people . Every effort is being made to ensure that Aboriginal people are not discriminated against in the delivery of DPWH's services, and that the provision of policies for which DPWH has responsibility, take into account the requirements of the recommendations of the Royal Commission into Aboriginal Deaths in Custody.

The DPWH has a number of operations . One area of the Department focuses on the whole -of- government policies for all the department's activities. Another area of the Department focuses on its commercialised activities and includes a number of business units which either directly or indirectly deal with Aboriginal Communities , eg Q-Build . The Department also has a direct involvement in the provision of services for Aboriginal and Torres Strait Islander people through the Aboriginal and Torres Strait Islander Housing Program (ATSIHP).

The response highlights the positive progress that has been made on a number of issues , including: Aboriginal cultural awareness training;

1996-97 RCIADIC Implementation Report - Part 1 12 housing for Indigenous people; • the recruitment of Aboriginal building industry apprentices; and • specific strategies developed for incorporation in the department's draft 1996/98 Equity Management Plan to address the recommendations of the Commission.

DEPARTMENT OF TOURISM, SMALL BUSINESS AND INDUSTRY (TSBI) The Department of Tourism, Small Business and Industry (TSBI) recognises the need to work with Aboriginal and Torres Strait Islander communities to foster economic independence and address other issues as set out in the Report of the Royal Commission.

TSBI recognises that economic independence for Indigenous people is vital to the success of the reconciliation process. The Department continues to consult with relevant agencies, including ATSIC and the Department of Families, Youth and Community Care, to identify areas where co-operation can assist economic development in Aboriginal Communities. For example, the Indigenous Enterprise Development Pilot Project in Cairns has successfully worked with The Arts Office (Queensland Treasury) in providing joint funding to a project to develop a craft packaging business at Yarrabah.

Many of the issues contained in the Royal Commission's report relate to alcohol misuse. TSBI's Liquor Licensing Division recognises the need to work with communities and other agencies to resolve alcohol-related problems. The legislative framework provided by the Liquor Act 1992 enables a significant degree of self-determination by Indigenous Communities in relation to liquor availability and consumption. The Division works with such communities to arrive at appropriate licensing arrangements to suit local requirements.

The appointment of additional Licensing Officers at Mt Isa, Cairns, Mackay and Rockhampton will facilitate increased liaison with Indigenous communities in relation to liquor-related problems and the licensing arrangements of premises in and around Aboriginal communities. In addition, a consultation guide, developed with the assistance of the relevant parties, will assist in increasing the regional staffs awareness of important cultural issues concerning indigenous communities.

Internally, the Department's EEO Management Plan aims to increase the permanent representation of indigenous people in the Department's workforce.

DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS (DTIR) The Department of Training and Industrial Relations provides a range of programs and services aimed at increasing skills, productivity and safety in Queensland workplaces . The Department services urban , rural and remote communities through its network of six area management groups and local offices in 26 regional locations and 16 TAFE Queensland Institutes, on over 60 campuses across the State.

Despite on-going major reforms within the Department during 1996-97, DTIR maintained its commitment to assist the Queensland Government to implement relevant Recommendations of the Royal Commission Into Aboriginal Deaths In Custody.

1996-97 RCIADIC Implementation Report - Part 1 13 The first Indigenous Training Plan was submitted to the State Training Profile. The plan will result in a more accurate and targeted analysis of Indigenous training needs , and in a more effective allocation of resources.

Nagi Binanga - the standing committee which advises the Vocational Education, Training and Employment Commission on training issues impacting on the State 's Indigenous people - revised its 5 year plan to incorporate current training initiatives and activities.

In June 1996, DTIR concluded implementation of the 5 year Queensland Public Sector Aboriginal and Torres Strait Islander Employment Strategy . The Torres Strait Employment and Career Development Strategy continued to improve the representation of Indigenous people employed across the three levels of Government in the Torres Strait and Northern Peninsula Area. Both of these employment strategies were delivered by Aboriginal and Torres Strait Islander officers.

Two specific programs of the Young Offenders Vocational Training program, which provides skills training for sustainable jobs for persons aged 17 to 24 years currently under the supervision of the Queensland Corrective Services Commission, were delivered for Aboriginal and Torres Strait Islander clients.

All TAFE Institutes recorded Aboriginal and Torres Strait Islander student enrolments in both mainstream and specific courses.

TAFE Queensland continued to provide a range of courses , services and programs which assist in addressing many of the vocational, education and training needs of Aboriginal and Torres Strait Islander people and communities.

DTIR's Middle Management Development Training Program for Aboriginal and Torres Strait Islander people continued, with participants commencing the second intake of trainee management placements within the Department.

Implementation of the cross-cultural awareness program (Mura Ama Wakaana - People Working Together) for the Queensland Public Sector commenced with Indigenous staff trained to deliver the program in major centres across the State.

1996-97 RCIADIC Implementation Report - Part 1 14 EDUCATION QUEENSLAND (EQ) The Queensland Department of Education , known as Education Queensland , continues to implement strategies through its mainstream services, as well as through the recently-established Aboriginal and Torres Strait Islander Education Branch, to improve educational outcomes for Aboriginal and Torres Strait Islander students.

The new Branch incorporates the previous Aboriginal and Torres Strait Islander Education Unit located in Central Office, the Statewide Aboriginal and Torres Strait Islander Education Support Centre (Inala and Townsville) and the Queensland Aboriginal and Torres Strait Islander Education Consultative Committee (QATSIECC).

The stated purpose of the branch is to provide effective leadership , advice and services in policy , teaching/learning and curriculum which ensure equity of access , participation and educational outcomes for Aboriginal students and Torres Strait Islander students and communities.

The goals of the Branch are to promote educational excellence for Aboriginal and Torres Strait Islander students through: • Involvement of Aboriginal and Torres Strait Islander people in educational decision making; • Equity of access to educational services; • Equity of educational participation; • Equitable and appropriate educational outcomes.

Key issues in the education of Aboriginal and Torres Strait Islander students include: • Student Performance outcomes; • Anti-Racism; • Aboriginal and Torres Strait Islander Studies; • English Literacy; • Alternative Education; • Parent and Community Participation; • Aboriginal and Torres Strait Islander Languages; • Future Pathways for Aboriginal and Torres Strait Islander Students; and • Employment of Indigenous Education Workers.

A further change has been the method by which funds have been allocated directly to schools for the development of programs for improving outcomes for Aboriginal and Torres Strait Islander students . Since January 1997, funds have been allocated on a per Indigenous student basis. This policy has sought to ensure a model of equitable distribution of funds statewide . Where schools have small numbers of Indigenous students in attendance , clustering is encouraged to make maximum use of resources.

The Department is constantly working on programs which will increase the number of Indigenous employees. These staff are vital to the increased participation , achievement and retention rates of Aboriginal and Torres Strait Islander students.

The Department has continued in its efforts to promote amongst all students a knowledge and understanding of Aboriginal and Torres Strait Islander issues and cultures. Through a number of projects and programs which promote the concept of reconciliation , the Department has endeavoured to inform non -Indigenous as well as Indigenous students of the historical and contemporary facts concerning Indigenous peoples.

1996-97 RCIADIC Implementation Report - Part 1 15 QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) The QCSC has continued to consolidate the implementation of recommendations of the Royal Commission into Aboriginal Deaths in Custody. Aboriginal and Torres Strait Islander issues have continued to form a major key target area for the development of policy and services that relate to all facets of the organisation.. In August 1996, QCSC took over responsibility for the operation of the three Juvenile Detention Centres in Queensland from the Department of Families, Youth and Community Care . In addition to implementing the recommendations of the report of the RCIADIC, QCSC has also implemented a number of initiatives to further its commitment to a reduction in the self -harm rate among Indigenous prisoners and detainees . Key achievements for 1996/7 as outlined in the report include the following: • The appointment of an Indigenous person to the position of General Manager, Aboriginal and Torres Strait Islander Policy Unit in the Office of the Director-General. • The QCSC implemented the Aboriginal and Torres Strait Islander Support Worker Scheme at Townsville and Sir David Longland Correctional Centres. • QCSC commitment to the Aboriginal and Torres Strait Islander Cross Cultural Education program being delivered throughout Queensland Correctional Centres, Juvenile Detention Centres and Community Corrections. • An ongoing commitment to the initiatives of the Family Support Program for Aboriginal and Torres Strait Islander inmates and family members. QCSC support for the Aboriginal and Torres Strait Islander Staff Support Networks set up throughout Queensland. QCSC representation and input at all meetings leading up to the Ministerial Summit on Deaths in Custody in Canberra in 1997, including the Indigenous Summit on Deaths in Custody. QCSC support for Aboriginal and Torres Strait Islander Elders groups at Cherbourg, Woorabinda, Cairns and Brisbane. QCSC Ministerial forum on Indigenous incarceration , including representation from the Queensland Indigenous Advisory Council, QCSC, Queensland Police Service and Mr Mick Dodson , Aboriginal and Torres Strait Islander Social Justice Commissioner.

In addition to the achievements for 1996 /7, a number of initiatives have been identified for development in 1997/8 which include: • The expansion of the Aboriginal and Torres Strait Islander Support Worker Scheme to all Queensland correctional centres with a significant Aboriginal and Torres Strait Islander prisoner population. • The development and introduction of the Aboriginal and Torres Strait Islander Family Violence and Anger Management program. • The introduction of the Ending Offending Aboriginal and Torres Strait Islander Drug and Alcohol Program into all Queensland correctional centres as a Core Program for indigenous prisoners, and the proposal to pilot the program for juvenile detainees. • Expansion of the Aboriginal and Torres Strait Islander Elders Visits Program to all Queensland correctional centres with significant numbers of Indigenous prisoners and juvenile detainees. • Introduction of the Mental Health Program , utilising Aboriginal and Torres Strait Islander Mental Health Workers in Brisbane and Townsville. • Amalgamation of ATSIC's funding of Indigenous art in SEQ correctional centres , with the QCSC Cultural Interests Program, with the aim of implementing a state -wide Aboriginal and Torres Strait Islander Cultural Interests Program. • The establishment of diversion from secure custody "outstation" .facilities at Palm Island and Mount Isa. • The introduction of The Integrated Approach - The Philosophy and Directions of Juvenile Detention that will guide and direct both the future planning and current administration of juvenile detention programs in Queensland.

1996-97 RCIADIC Implementation Report - Part 1 16 Proposed introduction of a staffing structure into juvenile detention centres which will involve more Aboriginal and Torres Strait Islander staff in case management.

Conforming with International Obligations (R.328-R.333) The QCSC has adopted a lead role in the revision of Standard Guidelines for Corrections in Australia to incorporate the spirit and intent of the RCIADIC recommendations (R.328). The National Ministers' Conference has resolved that it is not practicable for the Ministerial Council, which meets only once annually, to maintain direct consultation with relevant Aboriginal organisations. It was determined that individual State Ministers and Administrators would continue direct consultation with relevant Aboriginal organisations (R.330). The Conference of Ministers in Corrections (Sydney 1994) endorsed the revision of minimum standard guidelines for corrections taking into account the RCIADIC recommendations. These guidelines have been printed and distributed to correctional centres throughout Queensland (R.331).

QCSC acknowledges its obligation in relation to the detention of children under the United Nations Convention on the Rights of the Child, RCIADIC, United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) 1986, and principles, objectives and provisions of Queensland's Juvenile Justice Act 1992, Juvenile Justice Legislation Amendment Act 1996 and Juvenile Justice Regulation 1993.

QUEENSLAND HEALTH (HEAL) During the 1996 -97 year, Queensland Health completed the organisational restructure of its Corporate Office and the establishment of 39 District Health Services across the State . Wherever appropriate , District Health Councils were established with participation of Aboriginal and Torres Strait Islander members.

Most significantly, following the development of the Aboriginal and Torres Strait Islander Policy in 1994, the Implementation Plan for Queensland Aboriginal and Torres Strait Islander Health Policy was endorsed by State Cabinet. Key areas include: • health services planning and development; • acquisition and monitoring of funding; • workforce and information planning and development; • culturally-appropriate service provision and across-government coordination.

Queensland Health's Aboriginal and Torres Strait Islander Health Unit employed an additional 10 temporary staff for the next 18months to undertake the 30 projects identified in the Plan.

A major event during the year was the signing of a Bilateral Agreement between Queensland Health and the Commonwealth. Department of Health and Family Services. This agreement is aimed at ensuring a cooperative and coordinated approach to the planning and delivery of health services to Aboriginal and Torres Strait Islander communities. As part of this agreement, Queensland Health, the Commonwealth Department of Health and Family Services, ATSIC and the Queensland Aboriginal and Islander Health Forum (QAIHF) entered a health services planning partnership.

A key plank of the Bilateral Agreement was a Medical Benefits Scheme for rural and remote Indigenous communities which will result in a significant increase in services (see Case Study Two).

During the year, Queensland Health played a major role in the development of national targets for Aboriginal and Torres Strait Islander health. These targets aim for a 50 per cent reduction in Indigenous infant mortality and a 40 percent

1996-97 RCIADIC Implementation Report - Part 1 17 reduction in Indigenous adult mortality over the next 10 years. Queensland Health has supported these national targets to be adopted by all States/Territories through the Australian Health Ministers Conference.

QUEENSLAND POLICE SERVICE (QPS) The Queensland Police Service (QPS) has continued to implement and maintain a wide range of new or existing initiatives and programs which address the majority of Royal Commission into Aboriginal Deaths in Custody (RCIADIC) recommendations for which it is either solely or jointly responsible. These initiatives and programs have had a positive impact upon the police custodial environment and the process of reconciliation.

A significant outcome is that the Australian Institute of Criminology report on Australian Deaths in Custody and Custody- Related Police Operations from 1 July 1996 to 30 June 1997 noted that the QPS has 'reversed the cycle' in regard to deaths in police (institutional or close contact) custody -

"It should be highlighted here that absolutely none has died in police custody in Queensland as a result of hanging during this period. In fact, the last Indigenous hanging was recorded back in 1989. The last Indigenous death in a police lock-up in Queensland occurred in May 1992 when the female concerned died as a result of a heart attack".

A comprehensive review of the QPS implementation of the RCIADIC recommendations is being conducted by the Commissioner's Inspectorate. It is anticipated that the report will be available at the end of 1997 . The review will serve to consolidate achievements , identify any deficiencies, and provide future directions in addressing the underlying issues to incarceration.

Chapter 8 of the Review of the Queensland Police Service (Bingham) Report contained thirty recommendations focusing on issues relating to police and Indigenous and ethnic relations, the implementation by the QPS of the recommendations of the RCIADIC and problems associated with over-representation of the Aboriginal and Torres Strait Islander people in the criminal justice system. A Chapter 8 Co-ordination Group was formed to facilitate the implementation of the recommendations. Most of these relate to the Review of Policing on Remote Aboriginal and Torres Strait Islander Communities Report and Recommendations, cross cultural training, data collection, and consultation with Indigenous communities and organisations. These issues have been addressed throughout this report.

QPS initiatives and programs to date can be divided into the following categories - custody policies, procedures, and training; watchhouse conditions and standards; cross-cultural training; cross-cultural liaison; Aboriginal and Torres Strait Islander recruitment and support initiatives; policing on remote Aboriginal and Torres Strait Islander communities; interstate consultation; reconciliation; and youth.

Custody Policies, Procedures, and Training A 'Part Time Cell Visitors' project which is funded by the Department of Families, Youth and Community Care, has provided recurrent funding of $45,000. The project provides for the establishment of part-time cell visitor schemes at watchhouses that do not currently have funded cell visitors. Ten watchhouses have been selected throughout the State to participate in a trial to be completed on 30 June 1997.

A Visiting Nurses Scheme has been established with seeding funding of $75,000 and $240,000 annual funding from Queensland Health at nineteen 24 hour watchhouses in Queensland.

1996-97 RCIADIC Implementation Report - Part 1 18 Watchhouse Management The Deputy Commissioner, Executive Director of Operations, now overviews all state-wide watchhouse issues and has delegated a member of his personal staff to advise him on relevant policy, procedures and co-ordination issues.

The third annual Watchhouse Managers' Workshop was held in Bundaberg from 19 to 23 May 1997. The objectives of the workshop were to provide watchhouse managers with an update on current issues relevant to watchhouse management and an opportunity to comment on current custody policies, orders and procedures and other issues affecting watchhouse management. Two participants from each police region attended the workshop. The workshops are held annually and will continue to enhance best practice and risk management programs and procedures in watchhouses.

Watchhouse Conditions and Standards Since the RCIADIC Inquiry new watchhouses have been constructed at twenty-one centres up to the 1996/97 financial year. During 1996/97 the QPS spent $1 .7M on the watchhouse improvement program and plans to spend a further $1.75M in 1997/98. Demolition work has started on the site of the new Brisbane Watchhouse which is to be constructed at Roma Street. Construction of the complex is a joint Department of Justice and QPS project comprising a police watchhouse and Courts. Projected completion of the complex is March 1999 at a total cost of $24.7M, including $14.6M for the watchhouse component.

New watchhouse facilities in Aboriginal communities include visitor court-yards for personal family interaction, in addition to audio communication equipment and exercise areas. New facilities also have observation cells with video monitoring without the sensory deprivation in padded cells. Cells in new facilities are now grouped in modules around a central exercise area which encourage interaction and visual access. Extensive community and key agency consultation occurs regarding design. Local communities are consulted in the design phase and are kept informed of progress. Plans and a model are publicly displayed before building commences.

A six month trial use of EFTPOS facilities in selected watchhouses in Queensland is being undertaken to facilitate warrant payments and early release of prisoners . The trial is to be evaluated and consideration given to extending the use of EFTPOS state-wide. It is proposed that the use of EFTPOS for bail payments will be considered at a later stage.

Cross Cultural Training Independent consultants have been contracted to review all QPS cross cultural training and to recommend appropriate future training. This review is being undertaken as a result of recommendation 112 of the Review of the Queensland Police Service (Bingham) Report " ... that the Commissioner give consideration to employing independent consultants to review cross-cultural training and to suggest ways in which the QPS can develop in-depth training methods". The review report is expected to be available in March 1998.

A National Cross Cultural Awareness Trainers Workshop was held at QPS Headquarters, Brisbane, between 9 and 11 October 1996. The recommendations from the workshop have been accepted by police jurisdictions throughout Australasia as the basis for all training. These recommendations are presently being incorporated into all facets of police education and training.

Cross Cultural Liaison Aboriginal and Torres Strait Islander I Police Forums have been re-established in Brisbane . An Aboriginal and Torres Strait Islander Reference Group is being established . The Cultural Advisory Unit meet on a monthly basis with the Queensland

1996-97 RCIADIC Implementation Report - Part 1 19 Aboriginal and Islander Legal Services Secretariat. Mr Neville T Bonner, AO, has agreed as Chair of the IAC, to act as an honorary adviser to the QPS on indigenous matters. These activities demonstrate the ongoing commitment by the QPS to constructive community dialogue.

Aboriginal and Torres Strait Islander Recruitment and Support Initiatives An Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy for 1996-2000 has been developed by the QPS. As part of this strategy, twenty traineeships were offered in 1997 to Indigenous people wanting to become police recruits. The traineeship scheme will continue in 1998, with another twenty positions to be offered.

A Student Support Officer at the QPS Academy assists in the education and training of Aboriginal and Torres Strait Islander recruits undertaking the Police Recruit Operational Vocational Education (PROVE) Program.

Aboriginal and Torres Strait Islander community representatives are invited to participate on recruitment panels when Aboriginal and Torres Strait Islander applicants are to be interviewed. They are also invited to participate in selection panels for PLOs and sworn police positions which will require substantial interaction with Aboriginal and Torres Strait Islander people.

Policing on Remote Aboriginal and Torres Strait Islander Communities The QPS report, Review of Policing on Remote Aboriginal and Torres Strait Islander Communities [Deed of Grant in Trust (DOGIT), Mornington Island and Aurukun communities, containing 86 recommendations relating to the delivery of policing services, management and training of community police, has been released to the community for consultation.

A co-ordinator of community police training for the Torres Strait, based on Thursday Island, regularly visits islands and communities in the Torres Strait to deliver training to the 65 community police based in this area. Training is also delivered to community police based at Bamaga and nearby Aboriginal communities. The QPS Community Police Training Package forms the basis for this training.

Youth A School Based Policing program has been established in twelve schools as a joint initiative of the QPS and Education Queensland. The program aims to assist school communities achieve educational, development and preventative outcomes to locally identified policing issues through the provision of a police officer to that community. It is intended to expand the program to a further five schools in 1998. Many of these schools have a high proportion of Indigenous students.

Interstate Consultation The Inspector in charge of the Cultural Advisory Unit will represent the QPS at a Ministerial Summit on Indigenous Deaths in Custody in Canberra in July 1997. The QPS supports the focus on underlying issues to deaths in custody and will continue to assist other government departments in their efforts to deal with the underlying causal factors. At the same time, the QPS will continue to address those recommendations for which it has direct responsibility.

The QPS is also represented on the Indigenous Infrastructure Strategy Working Group which has been formed as part of a whole-of-government approach in addressing underlying socio-economic causes of the high incarceration rate of indigenous people, in particular health, housing, employment, land and education. To address QPS responsibilities relating to over-representation, this Service together with Queensland Corrective Services Commission, the Departments of Justice and Families, Youth and Community Care are conjointly examining ways in which this trend can be reversed.

1996-97 RCIADIC Implementation Report - Part 1 20 Reconciliation The Commissioner was represented at the Australian Reconciliation Convention held at the World Congress Centre, Melbourne from 26 to 28 May 1997 by the Inspector in charge of the Cultural Advisory Unit. The Strategic Directions for Policing with Aboriginal and Torres Strait Islander Communities will contain a statement on Reconciliation with the indigenous people of Australia.

As part of the National Aboriginal and Islander Day of Commemoration (NAIDOC) Week celebrations the flag of the Aboriginal Peoples of Australia was raised on 7 July 1996 and flown outside Police Headquarters for the duration of the week. Mr Neville T Bonner, AO, performed the honours and was watched by Aboriginal community elders and the Acting Commissioner.

QUEENSLAND TRANSPORT (TRAN) AND DEPARTMENT OF MAIN ROADS (MR) Queensland Transport (TRAN) and the Department of Main Roads (MR) function separately in most regards. However, they share some initiatives relevant to this report. This report, covering the 1996/97 financial year, is therefore a combined response from the two Departments.

The Departments recognise the need for real improvement in the socio-economic circumstances of Aboriginal and Torres Strait Islander people. The Departments believe that their continuing commitment to improvement of access to transport infrastructure and services, and to provision of employment and skills development opportunities, contribute to the redress of the serious imbalances which exist.

The Transport Infrastructure Development Scheme (TIDS) is a sub-program under the Roads Infrastructure Program. The State Government TIDS budget for 1996/97 provides specific assistance to Aboriginal and Torres Strait Islander communities. Funding for access roads to other Shires also benefits these communities. Funding of $8.203 million, plus a carryover of $5.211 million from 1995/96, was allocated under the TIDS for works on access roads to communities, paving and sealing community streets, bikeways, jetties and airstrips. Of this allocation, $8.916 million was spent in 1996/97 and an amount of $2.505 million has been carried forward to the 1997/98 financial year to complete projects planned and commenced. The 1997/98 budget allocation of new funds is $7.639 million which gives a total funding allocation of $10.44 million in 1997/98. For the 1997/98 financial year, Queensland Transport has assumed responsibility for the provision of airstrips and jetties.

The Departments have published and are implementing Policy, Standards and Guidelines on Public Consultation - the way to better decisions. The Queensland Departments of Main Roads (MR) and Transport (TRAN) are committed to effective consultation with employees, other levels of government and their 'public'. The Departments recognise that public and employee consultation and participation is an essential part of transport planning, policy development and service delivery. Such consultation improves the quality of decisions and is an important part of being responsive to customer needs. One chapter specifies that the Departments should both allow sufficient time for stakeholders to participate throughout consultation, and comply with social justice principles regarding individual rights, equity, participation and access. The guidelines specify that the Departments should be informed about the cultural and time perspectives of people such as those of Aboriginal or Torres Strait Islander descent, as more time may be required to consult with people or groups with particular cultural and time perspectives.

1996-97 RCIADIC Implementation Report - Part 1 21 The Departments' Aboriginal and Torres Strait Islander Employment and Career Development Strategy (AIECDS) is in progress. An Aboriginal and Torres Strait Islander Development Officer (AIDO) is based in Townsville in the Northern Region. The strategy is assisting Aboriginal and Torres Strait Islander employees with opportunities to enhance their skills and thus to advance on merit throughout the Departments, as well as to gain initial employment. Actions will be developed and implemented in four Key Strategic Areas to achieve the objectives of this Strategy. These areas are Promotion and Marketing; Recruitment, Retention and Career Development; Cross-Cultural Awareness; and Monitoring and Review. Initiatives already underway or completed include the establishment of contact with a wide range of Aboriginal and Torres Strait Islander communities; establishment of working and co-funding relationships with various government and community organisations with responsibility for Aboriginal and Torres Strait Islander issues; and support to Queensland Transport's Road Safety for Aboriginal and Islander Communities project, providing advice on community consultation processes, issues identification and employment of people from the communities as local road safety liaison representatives.

1996-97 RCIADIC Implementation Report - Part 1 22 P® ^}>` r I3s Case Studies

EDUCATION QUEENSLAND

Reconciliation Project for Secondary Schools in the Metropolitan Area

Rationale The project goal was to develop a Reconciliation program for secondary schools in the Greater Brisbane Area which would enhance the Reconciliation process and which could be replicated, after evaluation, in other locations throughout the State. Additional processes could include the development of a simple Guidelines document, production of a video and the inclusion of data in the Murri Thus! Aboriginal and Torres Strait Islander Web Site.

This project supports the National Aboriginal and Torres Strait Islander Education Policy Goals 20 and 21, which identify the need to foster pride and understanding of Aboriginal and Torres Strait Islander perspectives in Aboriginal and Torres Strait Islander students and in non-Indigenous students.

Process: Establishment of a planning committee The planning committee will consist of representatives from the following groups: • Aboriginal and Torres Strait Islander Community Elders and Spokespersons; • Aboriginal and Torres Strait Islander Community Groups and individuals; • Australians For Reconciliation; • Council for Aboriginal Reconciliation; • MACATSIE (Ministerial Advisory Council on Aboriginal and Torres Strait Islander Education); • TSIREC (Torres Strait Island Region Education Council); • Aboriginal Student Support and Parent Awareness (ASSPA) committees; and • School Communities, including Community Education Counsellors, teaching and administrative personnel.

Consultation and collaboration networks will also include teacher organisations and Key Learning Area (KLA) representatives (particularly from the KLA's of the Arts, English Language Arts and the Studies of Society and Environment).

The planning committee guides the direction of the project and attends to specific tasks such as the location of suitable venues, liaison with community organisations etc.

Information Leaflet An information leaflet has been developed which will be forwarded to schools seeking their interest and indicating the level of commitment which is expected to be undertaken by participating schools. It is imperative that the project is seen as a long-term process and demanding of in-depth exploration of the key issues which have been identified by the Council for Aboriginal Reconciliation. The leaflet may be rewritten at the local level to reflect local contextual needs, dates, personnel etc.

Selection of Schools • Participating Schools • Observing Schools

1996-97 RCIADIC Implementation Report - Case Studies 23 Schools may be selected through the application of a variety of criteria. These could include: • Number of Aboriginal and Torres Strait Islander students; • Aboriginal and Torres Strait Islander Cultural Studies; • Identified racist beliefs; • Level of teacher interest and commitment; • Aboriginal and Torres Strait Islander Studies at Yr 11 and 12 level (Board Subject); and • Year level.

It is recommended that students who will have plenty of opportunity to work together be involved in the project. Students will need to be directed by teachers. The degree of preparation means that students should not be expected to manage the project by themselves. However, they could assist in the selection of Aboriginal and Torres Strait Islander school visitors and in the shaping of the presentation.

As this is a project of Reconciliation, non-Indigenous students will need to be actively involved. This is NOT solely an Aboriginal and Torres Strait Islander project. This is a project for all students.

If schools do not feel confident about participating totally in the first instance, they may be invited to be observers, with the expectation that they will participate more fully in the project at some later time. However, it is recommended that observer status be restricted, so that the majority of students are active participants in the whole process.

Teachers' Workshop Teachers' workshops will be conducted to introduce the concept and the resource materials to school personnel. The Teacher Relief Scheme (TRS) will be available to assist schools to arrange for teachers to attend during school time. These workshops will ensure that teachers have an understanding of the concepts central to the Project. It is important that all participating schools send representation to the workshops, as later discussions with non-attending school staff will not be as effective and will be very time consuming. These workshops need to be conducted very early in the life of the project so that schools have time to develop their program within an appropriate time frame.

Visits to Schools Members of the Committee will visit schools on request and will assist teachers in the development of their planning. They will help in the identification of local Aboriginal and Torres Strait Islander guest speakers if schools need this information. It may be helpful to visit schools and to discuss the project with all teachers who may wish to be involved, so that the project has a whole-school base, rather than being the responsibility of one person.

Workshop for discussion facilitators Discussion workshops will precede presentations on the day of the forum. Facilitators should be selected from a variety of positions across the community and should have some knowledge of the issues. Generally, facilitators should include representation from the Aboriginal and Torres Strait Islander communities. However, non-Indigenous facilitators should also be encouraged to participate, to share their knowledge and to act as positive role models. It is suggested that each workshop should address each of the eight issues of Reconciliation. At least two facilitators should work within each of these workshops. Recording, initiating discussion and managing the workshop process will be the responsibility of the facilitators.

1996-97 RCIADIC Implementation Report - Case Studies 24 The workshop process should be predetermined at a facilitators' planning meeting to ensure that facilitators follow a similar format, and that outcomes can be identified by this process. One suggested format could be: • Facilitators to introduce themselves and the topic (10 minutes); • Develop two statements relating to the issue of Reconciliation. These could be taken directly from the Key Issues Papers, or developed as a result of the facilitators' understanding of the issue; • Students to discuss these statements in small groups and to record their findings; • In small groups, students to develop at least six strategies that could be used in their schools to assist all students to understand the importance of the issue; • Students to record these recommendations in a format which can later be utilised at the school; • Students to develop a personal action plan for use at home, at school and in the wider community through which they can personally assist other people to learn about Reconciliation issues; and • Students to be provided with writing paper so that they can record their personal action plans for future action.

The format has been developed in this way to empower students and to give them responsibility for their own thinking and for following up their personal action plans.

Publicity and media coverage Reconciliation forums should be given broad coverage through a number of media avenues to validate the Reconciliation process and to give public acknowledgment to the efforts of the students involved.

Invited Guests Invitations could be extended to representatives of Aboriginal and Torres Strait Islander Community organisations, Elders from Aboriginal and Torres Strait Islander communities, representatives from other community organisations, media, government departments etc. Invitations to persons who are influential in their sphere of work leg the Director General of Education, the Archbishop of the Diocese) will indicate to those invitees and to the students that the issue of Reconciliation is accorded respect and importance.

Format for the Presentation Forum The following format is suggested: • Introduction to the program; • Acknowledgment of prior land ownership and local Aboriginal and Torres Strait Islander language group/s; Guest Speaker, preferably a well-known and respected Aboriginal or Torres Strait Islander person; • Cultural performance; • Workshops; • Presentations by students; and • Awards/certificates to participating schools.

Long term planning The essence of the program is the long-term commitment by schools and students to continue to involve school communities in the development of strategies which address Reconciliation.

1996-97 RCIADIC Implementation Report - Case Studies 25 DEPARTMENT OF LOCAL GOVERNMENT AND PLANNING

Total Management Plans

The Aboriginal and Torres Strait Islander Infrastructure Program (ATSIIP) within the Department of Local Government and Planning (DLGP) has undertaken a community infrastructure planning process with Aboriginal and Torres Strait Islander communities in Queensland . This process is in keeping with recommendations 73 and 204 of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC).

Background ATSIIP had funds of $26 million for expenditure on capital works infrastructure projects in Indigenous communities from July 1995 to June 1998. As the need for infrastructure in indigenous communities far outweighs the funding allocation, it was decided to gather data on which to base funding decisions. In order to gather this data, ATSIIP worked with Aboriginal and Torres Strait Islander communities and pooled funds with three other government agencies to develop a Total Management Plan (TMP) for each community.

Total Management Plans TMPs document the existing transport (sea, air and road), sewerage, drainage, water supply and treatment and solid waste disposal (eg. rubbish) infrastructure in thirty-four Indigenous communities in Queensland, and examine the need for improvements. These communities are the fourteen Aboriginal communities on Deed of Grant in Trust (DOGIT) land, the two Aboriginal communities on shire land (Mornington and Aurukun), the seventeen Torres Strait Island communities on DOGIT land and the Mapoon Community.

Prior to the development of TMPs in 1995-96, none of the DOGIT communities had current community infrastructure (water/sanitation) plans on which to base submissions for capital works funding, or to plan maintenance work. The process used to develop the TMPs and the documents themselves provide an invaluable planning tool for the thirty-four participating communities.

How the TMP's were developed The TMPs cost about $1 million to develop. The State Government Departments of Local Government and Planning, and Natural Resources and Main Roads, and the Commonwealth Torres Strait Regional Authority (TSRA) jointly funded the TMPs. The people and community councils in each community were consulted throughout the development of the TMPs.

The four funding bodies engaged consulting engineers to develop the TMPs. Their brief required them to: • undertake extensive field work and community consultation; • develop proposals on infrastructure provision which would be the equivalent of that provided in small, remote, comparable mainstream communities; • examine the infrastructure needs of the community over the next ten years; • consider the technological appropriateness of the communities ' existing infrastructure; and • identify current technical skill levels and recommend appropriate training.

TMPs provide the following details for each community: 1) a summary document;

1996-97 RCIADIC Implementation Report - Case Studies 26 2) an asset register (an inventory of the council's water and transport infrastructure assets including asset valuations using the current replacement cost methodology); 3) an asset management report (explaining how the council can manage the infrastructure assets to extend their economic life and improve the service they are providing to the community); 4) a preliminary planning report (outlining and prioritising the maintenance, upgrading and new capital works required over a ten year period and taking into account the projected population increases and normal rates of deterioration and obsolescence); 5) a financial plan (summarising the cost of the work recommended in the asset management report and the preliminary planning report each year for the next ten years and taking into account the current technical skill level within the community and the need for training); and 6) drawings.

Benefits to Indigenous communities TMPs provide planning documents for Aboriginal and Torres Strait Islander communities over the next ten years. For many communities, the TMP process was the first time they had been supported and encouraged to identify their needs and explore ways of meeting them. It empowered Aboriginal and Torres Strait Islander people by involving them in the decision- making processes which effect their communities. It also introduced them to the importance and relevance of planning for healthy, sustainable communities.

At the end of the TMP process, each community received a folder with the six TMP documents for their community. While the TMPs do not look at all the communities' infrastructure needs, they do consider the infrastructure which has a dramatic effect on environmental health (ie. water and sewerage/sanitation ). ATSIIP is encouraging communities to update their TMPs so that they remain dynamic and relevant documents.

The TMPs show unequivocally that the lack of routine maintenance is one of the main reasons the water and transport infrastructure on Indigenous communities is inadequate. This is due to Councils having insufficient funds and insufficient technical and asset management expertise. The Queensland Government has provided ATSIIP with $9 million over three years from July 1997 to develop and implement an Operations and Maintenance Program in the thirty-four communities.

Benefits to Government Using the information contained in the TMPs, ATSIIP developed a prioritisation methodology to prioritise the capital works projects recommended in the preliminary planning reports for each community. ATSIIP then allocated its $26 million in funds accordingly and worked with TSRA and the Aboriginal and Torres Strait Islander Commission (ATSIC) to pool funds for some projects.

The TSRA, ATSIC and ATSIIP have all used the TMPs and the prioritisation methodology to determine their funding allocations to infrastructure projects in communities . This provides a fair and objective way of allocating funds in an area where demand far exceeds the available funding.

TMPs also provided the Queensland and Commonwealth Governments with the first objective picture of the state of water and transport infrastructure on thirty-four Indigenous communities in Queensland. Prior to the development of TMPs, parliamentarians and public servants were aware from anecdotal evidence that the need was very great, but they had no way of assessing or comparing that need across communities and contrasting it with the infrastructure needs of small, remote "mainstream" communities.

1996-97 RCIADIC Implementation Report - Case Studies 27 The needs identified in the TMP process were so great that the Queensland Government has provided $7.5 million to ATSIIP over three years to continue with the capital works suggested in the TMPs. ATSIIP is reviewing its prioritisation methodology and will once again seek the cooperation of ATSIC and TSRA to pool funds and deliver the best possible value for money to Indigenous communities.

Future developments ATSIIP is drawing on its experiences in the TMP process to develop expanded TMPs for nine small remote communities. These TMPs will have a wider scope (ie. they will investigate a greater range of infrastructure) but less depth leg. in engineering data). This is the first time that the Queensland Government has undertaken a needs analysis of infrastructure for Indigenous people living outside DOGIT communities and the two Aboriginal communities on shire land. The information gathered in this planning exercise will help to inform the Government's policy on the provision of infrastructure and services to small, remote Indigenous communities.

ATSIIP is currently working with four DOGIT communities to develop Community Infrastructure Plans which identify the needs of the communities and the services and infrastructure which the community would require to meet those needs. This "bottom-up" planning exercise will allow the communities to prioritise their needs across the full range of relevant government services. All the social development agencies leg. housing, health, education etc.) within the Queensland Government will use the Community Infrastructure Plans to develop a joint-budget bid for funds to meet the communities' identified needs. This is the type of integrated analysis of "infrastructure, housing , essential services and health" that the RCIADIC called for in Recommendation 76.

QUEENSLAND HEALTH

Medical Benefits Scheme Rural and Remote Aboriginal and Torres Strait Islander Initiative

Introduction One of the recurring themes of the Royal Commission into Aboriginal Deaths in Custody Report is the lack of access by Aboriginal and Torres Strait Islander people to basic services, which are often taken for granted by other sectors of the community.

To redress this situation, Queensland Health, in association with the Commonwealth Department of Health and Family Services, has introduced an innovative program that will increase access to health services in rural and remote Aboriginal and Torres Strait Islander communities.

Background A fundamental principle of Australia's Medicare system is equitable access to health care for all Australians. However, access to Medicare via regular medical services for Aboriginal and Torres Strait Islander people in most rural and remote communities in Queensland has been very limited and often non-existent. Consequently, the health status of Aboriginal and Torres Strait Islanders has been significantly compromised.

1996-97 RCIADIC Implementation Report - Case Studies 28 In response, the Queensland Minister for Health and the Commonwealth Minister for Health and Family Services signed a Bilateral Agreement during the year. The main purpose of this agreement was to ensure a coordinated and cooperative approach to the delivery of health services to Aboriginies and Torres Strait Islanders living in rural and remote areas of Queensland. Approximately Million dollars was provided by the Commonwealth to assist with the establishment of this initiative, well short of the entitlement but a valuable first step.

A key plank of this agreement was the establishment of a Medical Benefits Scheme for rural and remote communities in Queensland.

This scheme enables Queensland Health's own doctors to bulk bill, with the Medicare funds generated being returned to the communities. This scheme of arrangements is confidently expected to increase both the number of medical practitioners servicing remote communities and the number of services offered.

For example, it is already anticipated that in Cape York, services next year (1998) will expand as follows: Kowanyama Primary Health Care Centre- increase from 1-1/2 days/week to 7 days Aurukun Primary Health Care Centre - increase from 1 day/week to 3 days Pormpuraaw Primary Health Care Centre - increase from 1 day/week to 2 days Lockhart River Primary Health Care Centre - increase from I day/week to 2 days Coen Primary Health Care Centre - increase from 1 day/fortnight to 1 day/week A key aspect of the initiative has been the close involvement and participation of Aboriginal and Torres Strait Islander staff and community members at all stages of the project. For instance, the recruitment and enrolment of community members onto Medicare was undertaken by dedicated Aboriginal or Torres Strait Islander project officers.

The Medical Benefits Scheme - Rural and Remote Aboriginal and Torres Strait Islander Initiative is governed by a number of principles, including: • District Health services establish and maintain local advisory committees, which include members of the Indigenous community, and which provide advice on local health priorities and the expenditure of surplus funds under these arrangements. • Funds generated via this initiative are retained in the community/area where they were generated. District Budgets will not be reduced as a result of funds generated via this scheme. • In Deeds of Grants in Trust Communities, all community members, including non -Indigenous persons, are eligible for bulk billing under this arrangement.

Implementation As a result of collaboration between Queensland Health, the Commonwealth Office of Aboriginal and Torres Strait Islander Health Services and the Health Insurance Commission, Medicare enrolments now exceed 95% in all Districts participating in this scheme.

A Memorandum of Understanding (MOU) between Queensland Health and the Health Insurance Commission has been negotiated to formalise these new and innovative arrangements . The MOU will enable electronic enrolments and subsequent issuing of Medicare cards without the nominal 100 points requirements.

1996-97 RCIADIC Implementation Report - Case Studies 29 During the development stage, staff from the Health Insurance Commission and Queensland Health's Corporate Office travelled extensively in Cape York, Torres Strait and Mt Isa to gain a greater awareness of enrolment and administrative issues that may impact on the successful implementation of the initiative.

Key features of this initiative include: There are some 65 approved sites which qualify for bulk billing, including 30 locations serviced by the Royal Flying Doctor Service (RFDS). It is anticipated that additional sites will be approved in the near future.

Extensive bulk billing is underway at communities in the Northern Peninsula area and Torres Strait, Cape York, Doomadgee, Palm Island, Wujal Wujal and Hopevale. In the near future, at least 40 sites will be undertaking bulk billing in Queensland.

Arrangements are currently in place to employ more medical officers at Doomadgee and Cherbourg , with a further three medical officers expected to commence with the RFDS to deliver additional medical services for Cape York.

Some health services have developed new models of service delivery and partnerships with other agencies as a means of increasing medical services. For instance, in Cape York a local advisory committee has been established with membership from Apunipima Cape York Health Council, the Royal Flying Doctor Service, the Aboriginal Co-ordinating Council and the Cape York District Health Service. The RFDS is responsible for recruiting and delivering medical services throughout remote areas of Cape York.

Extensive orientation, including cross-cultural awareness training, is also a key focus in the recruitment process for new medical officers. Local elders and Council members will also play a key role in local community orientation.

Extensive training and awareness programs for relevant staff were conducted with involvement from the Health Insurance Commission, the Commonwealth Office of Aboriginal and Torres Strait Islander Health Services, the Royal Flying Doctor Service, and Queensland Health staff. The main purpose of these programs was to raise awareness of and gain commitment to the program so as to to ensure successful implementation and compliance with the Health Insurance Commission requirements.

The increase in medical services also provides extensive learning opportunities for Aboriginal and Torres Strait Islander Health Workers in rural and remote Queensland.

Queensland Health is confident that this innovative scheme will make a real difference to health care for Indigenous people living in isolated areas of the State.

DEPARTMENT OF PUBLIC WORKS AND HOUSING

Woorabinda Building and Skills Development Program - Q-Build

Background A partnership between Q-Build Capricornia Region and the Woorabinda Aboriginal Community Council has resulted in a structured skills development program which has provided benefits for both individuals and the Woorabinda Community.

1996-97 RCIADIC Implementation Report - Case Studies 30 The program, which builds on Q-Build's role of providing training for apprentices, began on 5 February 1996 and was completed on 16 May 1997. It was designed to provide local employment and training on specific housing and development projects.

The high quality construction skills and experience gained under this program allow participating communities to meet their current construction needs. It also provides those communities with the ability to independently build, service and maintain houses and other community developments in the future.

The program encouraged participation by eligible community members. Successful applicants were employed by Q-Build as trainees on a temporary basis, coinciding with various building and maintenance projects in the Woorabinda Community. The long-term goal of developing and accrediting the skills of community members is to enable the Community to operate independently in the area of building and construction.

The Achievements of the Project in Terms of Vocational Education, Training and Employment for Indigenous Australians After a number of months of consultation with the Woorabinda Community Council and various Government agencies, Q- Build advertised at Woorabinda in January 1996 for approximately ten people to be employed as trainees. The initial project involved the upgrade and maintenance of 16 residences within the Community. The trainees commenced employment with Q-Build on 5 February 1996.

Q-Build employed six tradespersons, including a foreperson, at Woorabinda to train the ten trainees. Three community members were engaged as tradespersons. The intended duration of the program was initially four months . However, Q- Build won contracts to build a Stores Complex and housing for the Community , funded by the Department of Families, Youth and Community Care (DFYCC) and the Aboriginal and Torres Strait Islander Commission (ATSIC) to the value of 1.5 million dollars. These and other projects , such as the erection of playground facilities, construction of a sports area at the Youth Centre and town maintenance , enabled the trainees to continue their training.

Prior to the decision to proceed with the traineeship concept, discussions occurred with representatives from the Commonwealth Department of Employment , Education, Training and Youth Affairs (DEETYA), DFYCC, TAFE, the National Employment and Training Tasksforce (NETTFORCE) and Building Employment and Training Australia (BETA). Leading up to the commencement of the program , numerous discussions also occurred with the Community Council and representatives of those bodies.

The program undertaken by the trainees is formally recognised by the building industry, and was developed in accordance with National Competency Standards. Traineeships are normally for a period of one year. However, this can vary with the trainees' competence and skills and the length of the project. On successful completion of the on and off-the-job training components, each trainee is awarded a Statement of Attainment. If they choose to pursue a trade certificate, they will be credited for what they have achieved in the traineeship.

In the months following the commencement of the traineeships at Woorabinda, some problems were experienced by BETA in retaining Queensland industry support for the traineeships. Q-Build, with the assistance and support of the Department of Training and Industrial Relations, vigorously pursued a number of avenues to enable the continuation of the traineeships at Woorabinda. Subsequently, BETA gained the support of the Queensland Commissioner for Training for the continuation of the traineeship and the development of an industrial agreement with the Construction, Forrestry and Mining Employees' Union for the specific purpose of training the Woorabinda trainees.

1996-97 RCIADIC Implementation Report - Case Studies 31 Q-Build provided expert, on-the-job training in the form of qualified tradespersons whilst trainees were engaged in specific building and maintenance projects within the Community. Q-Build undertook a skills assessment of all trainees. This enabled recognition of current competencies which formed the basis of training needs analysis for both on and off-the-job training.

The trainees were issued with a Training Log Book which recorded competencies achieved both on and off-the-job. Q-Build tradespersons verified in the Training Log Book the competencies achieved. Q-Build staff registered as National Workplace Assessors periodically assessed the competency levels of trainees as required in the Training Log Book.

Six out of the original ten trainees completed the traineeship on 16 May 1997. Four trainees resigned for personal reasons.

All trainees are committed to obtaining employment within the building industry and would prefer to remain together to assist the Community with any building programs that become available. They are also seeking work within the District to maintain their skills while remaining in the Woorabinda Community.

The Woorabinda Council is considering indenturing at least one trainee as an apprentice carpenter. Opportunities may also be available for the trainees to work as team leaders in the Community Development and Employment Program (CDEP) in Woorabinda, thereby utilising the skills obtained during the traineeship. CDEP is a program established in Aboriginal Communities to generate employment for people who would normally receive unemployment benefits.

How the Project Overcame Disadvantages that Reduce access to Vocational Education and Training e.g. geographic remoteness and social isolation Q-Build was aware of the importance of providing an optimal training environment for the Woorabinda trainees. In order to achieve this, Q-Build, in conjunction with the Rockhampton TAFE, provided off-the-job training at Woorabinda. Trainees were therefore provided with all the elements of the traineeship within the Community, removing the need to travel to Rockhampton.

Overcoming the perceived stigma of a skills deficiency is always a challenge. Q-Build has a number of tradespeople with the basic levels of literacy. At Woorabinda, Q-Build paired a tradesperson with an Indigenous trainee with limited literacy, resulting in the breaking down of barriers and demonstrating that literacy need not be a handicap to the successful acquisition of skills.

How the Project Advanced the Reconciliation of Indigenous and Non-indigenous Peoples The nature and aim of the program itself assisted in the advancement of the reconciliation of Indigenous and non-Indigenous peoples. As well as building and maintaining community properties, Q-Build has also assisted with the development of community members' skills. With Q-Build's completion of the projects at Woorabinda, a tangible skills base remains in the Community in addition to the quality construction and maintenance work. Q-Build believes that this is a significant improvement on previous infrastructure projects.

The working relationship between Q-Build and the local Aboriginal community has promoted a greater cross-cultural understanding in the Region. Q-Build has enhanced this relationship in a number of innovative ways:

Integration: Community elders were invited to address trainees and present the Q-Build uniforms; Three Aboriginal tradespeople from Woorabinda were employed to train their own people;

1996-97 RCIADIC Implementation Report - Case Studies 32 Q-Build staff working at Woorabinda undertook a "Cultural Awareness Course" with TAFE in order to gain a greater understanding of cultural differences. This enhanced their working and social relationship; Q-Build tradespeople lived within the Community and were accepted by the Community; and Q-Build enabled trainees to work flexible hours to suit their cultural needs.

Sport and Recreation Initiatives: Q-Build entered a team comprising non-Indigenous Q-Build field staff and Indigenous trainees for a touch football competition. The trophy was donated by Q-Build; The site foreperson was the honorary assistant coach of the A grade Woorabinda football team; A Q-Build carpenter was involved in organising fund-raising events to assist local sporting bodies; Two of the original trainees are members of a band called "Tribal Link" which won an important music competition in Central Queensland. They have now been signed by a major record company and subsequently did not complete the traineeship program. While employed as trainees , Q-Build supported the band members by providing time off work to meet their musical commitments. Q-Build field staff, in their own time, carried out repairs to a number of sporting facilities.

The Benefits of the Project to the Aboriginal and Torres Strait Islander Community The process developed with the Woorabinda Community has the potential to be a model for use in other Aboriginal Communities in Queensland, particularly when more formal processes are in place to enable easier access to Building and Construction traineeships. Traineeships enable community members to experience a career in the building and construction industry and provides them with skills to a level which is nationally recognised. The trainee then has the option of pursuing an apprenticeship and gaining credit for the skills obtained during the traineeship. Traineeships provide a choice for community members wanting to develop their skills and have these skills recognised.

Q-Build is keen to continue the skills development program in Woorabinda and is currently investigating the available options with Training Queensland.

Industry and Community Participation in the Project Feedback received indicates a great acceptance of the program by the Woorabinda Community. This could best be confirmed by speaking with members of the Community and the trainees themselves.

Support for the program has been received from the following government agencies: ATSIC Department of Health Treasury Department (Gaming Division) Department of Families, Youth and Community Care Department of Public Works and Housing (Aboriginal and Torres Strait Islander Housing) Department of Tourism, Small Business and Industry Queensland Department of Training and Industrial Relations Department of Employment, Education, Training and Youth Affairs (Federal) Construction Training Queensland

1996-97 RCIADIC Implementation Report - Case Studies 33 DEPARTMENT OF PUBLIC WORKS AND HOUSING

Community Housing Management Strategy The Aboriginal and Torres Strait Islander Housing Program (ATSIHP) has developed a model for a Community Housing Management Strategy (CHMS). This strategy is designed to assist Aboriginal and Torres Strait Islander communities to: develop tenancy management policies and procedures to improve rent collection and housing maintenance and ensure fairness and equity in areas such as allocation policy; improve systems for recording and managing tenancy and property information; establish asset management and planning processes; and provide training and skills development for staff and residents.

Input into the development of the strategy was received from Aboriginal and Torres Strait Islander stakeholders , including the Joint Ministerial Advisory Committee , Aboriginal Coordinating Council (ACC), Island Coordinating Council (ICC) and the Aboriginal and Torres Strait Islander Commission (ATSIC). Consultation also occurred with Aboriginal community representatives at five Housing Workshops in 1996.

Initiatives commenced under the CHMS are: Awareness Raising In 1996 and 1997, Housing Management Workshops introduced concepts such as the Residential Tenancy Act, the need for tenancy and asset management policies and procedures, and financial accountability to housing staff from Aboriginal and Torres Strait Islander Councils and affiliated Indigenous housing organisations in five regions. Approximately 90 participants were involved in the workshops.

Resource Directory A resource directory which is almost completed will provide information about existing resources, people and organisations, training opportunities and funding sources to assist Indigenous housing providers with their housing management role.

Education for Councils and Tenants The Residential Tenancies Authority has supported the strategy by developing educational resources and providing training for councils and community housing providers. The Department has provided funds for the Centre for Appropriate Technology (Cairns) to develop a home care book called "Your House", which includes information on tenants' rights and obligations, as well as basic information on using and caring for the house.

Training for Housing Councillors and Staff In 1997, the Department trialed policy development workshops for Aboriginal Community Councils, affiliated Indigenous housing organisations and the Mornington and Aurukun Shire Councils. A specialist trainer conducted interactive sessions to assist communities develop draft or model housing policies and procedures for consideration by their councils. The workshops were attended by approximately 60 people. Interested community councils will have the opportunity to send housing staff to ATSIHP Area Offices for work experience.

Integrated Approach to Housing Management Two pilot projects which commence in 1997 will employ facilitators to assist communities establish housing offices, develop policies and procedures, undertake long term planning, and support training and education activities. The

1996-97 RCIADIC Implementation Report - Case Studies 34 outcomes of the pilots will be compared to assess which model is most effective in ensuring each community is in a strong position to effectively manage their housing at the end of the project.

Vocational Training The ATSIHP has assisted Construction Training Queensland (CTQ) develop an entry level traineeship in Community Housing Administration (funded by DEET). Local communities were involved in the initial research conducted by the ATSIHP and Training Employment Queensland and in consultation conducted by CTQ.

Training Initiatives An amount of $500,000 has been approved to boost training initiatives on Deed of Grant In Trust (DOGIT) communities. These initiatives will develop skills in construction, repairs and maintenance . This project is designed to complement the CHMS. The ACC, ICC and JMAC provided input on the distribution of funds to each Council.

Apprentices The ATSIHP employs 33 apprentices in trade -related fields, through six regionally-based construction units.

Consultation The Joint Ministerial Advisory Committee provides advice on Aboriginal and Torres Strait Islander housing issues to the Minister for Public Works and Housing.

1996-97 RCIADIC Implementation Report - Case Studies 35 Y:;nts ;L11

E Achievements and Goals

DEPARTMENT OF ECONOMIC DEVELOPMENT AND TRADE (DEDT)

Achievements in 1996-97 Goals for 1997-98

• Progressed the development of the State Economic • Co-ordinate implementation of the State Economic Development Strategy in partnership with the Department Development Strategy; of Premier and Cabinet, Treasury and other agencies; • Develop the Queensland Aboriginal and Torres Strait • Received approval to jointly develop a Queensland Islander Economic Development Strategy in consultation Aboriginal and Torres Strait Islander Economic with the community to clearly define objectives for Development Strategy with the Department of Families, Indigenous economic development and set a framework Youth and Community Care; for the Government's consideration of Indigenous economic development initiatives; • Encouraged and facilitated involvement of Aboriginal and Torres Strait Islander communities in enterprise • Continue to encourage and facilitate the involvement of development, through the support of bodies such as the Aboriginal and Torres Strait Islander communities in Koutha Aboriginal Development Corporation Limited; and enterprise development, through the support of bodies such as the Koutha Aboriginal Development Corporation • Consulted with Aboriginal and Torres Strait Islander Limited; communities in the planning of infrastructure and other development projects. • Further encourage and facilitate meaningful consultation with Aboriginal and Torres Strait Islander people; and

• Appreciate and respect the cultural interests of the State's Indigenous population in the planning of infrastructure and other development programs.

DEPARTMENT OF ENVIRONMENT (DoE)

Achievements in 1996-97 Goals for 1997-98

• The gazetting of 15 national parks as available for • Recognise the traditional rights of Aboriginal and claim under the Aboriginal Land Act 1991; Torres Strait Islander people;

• Lease and management plan negotiations progressed • Facilitate the joint management of national parks which for the Simpson Desert and Cape Melville National are successfully claimed under the Aboriginal Land Act Parks; 1991;

• Meeting of the Waanyi Advisory Committee for Lawn • Explore all options to permit a far greater level of Hill National Park to advise the Minister on Aboriginal involvement of Traditional Owners in the management of interests in the management of the National Park; national parks;

• Establishment of an interim planning committee for the • Provide for the ecologically sustainable use of wildlife Cape Melville National Park comprising representatives by Aborigines and Torres Strait Islanders under of the Department and the traditional custodians of the Aboriginal tradition and Islander custom; land;

1996-97 RCIADIC Implementation Report - Part 2 36 Achievements in 1996-97 Goals for 1997-98

• Discussions have progressed with the Djabugay people • Investigate and promote the historical and concerning co-operative management arrangements for contemporary context of places of cultural heritage the Barron Falls National Park; significance to Aboriginal and Torres Strait Islander people; • Extensive involvement of Aboriginal people in the development of draft zoning provisions for the proposed • Identify, protect and provide advice on places of Cape York Marine Park; cultural heritage significance to Aboriginal and Torres Strait Islander people; • Appointment of Aboriginal and Torres Strait Islander representatives to the protected areas, crocodile • Facilitate Aboriginal involvement in the planning and management and macropod management advisory management of Aboriginal sites associated with the committees; Environmental Impact Assessment process;

• The Nature Conservation Regulation 1994 includes • Support the involvement of Aboriginal and Torres Strait provisions to enable the issuing of an authority for the Islander people in the conservation of natural and traditional use of wildlife on protected areas. In the cultural heritage; Department's Far Northern Region, authorities for Barron Gorge and Crater Lakes National Parks were issued; • Provide continued support for Aboriginal representatives on the Community Reference Group, which provides • The Review of Aboriginal Involvement in the advice on the implementation of the Brisbane River Management of the Wet Tropics World Heritage Area is Management Plan and any other issues affecting the currently being conducted by the Wet Tropics Brisbane River catchment; Management Authority and overseen by an all-Aboriginal steering committee; • Review the Aboriginal and Torres Strait Islander Employment and Development Strategy; • The Aboriginal Resource Management Program has been established as a separate entity within the Wet • Consult with Aboriginal and Torres Strait Islander staff Tropics Management Authority's structure and budget; to identify barriers to employment, retention and promotion; • Research has been undertaken into the possible renomination of the Wet Tropics World Heritage Area as • Determine targets and strategies which are appropriate a cultural World Heritage site; to business needs and which meet the sector-wide target for 2005; • Development of a draft Fire Protocol for the Wet Tropics World Heritage Area; • Increase the representation of Aboriginal and Torres Strait Islander people in permanent employment through • A cross cultural training package developed specifically recruitment and development strategies; for use within the Department was trialed; • Increase the representation of Aboriginal and Torres • The participation of appropriate Aboriginal people in Strait Islander people across all classification levels with cultural heritage survey and monitoring activities on particular emphasis on the Professional stream through major projects was facilitated. recruitment and development strategies;

• Ensure that the workplace culture supports Aboriginal and Torres Strait Islander staff through the provision of cultural awareness training.

1996-97 RCIADIC Implementation Report - Part 2 37 DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC)

PROGRAM DEVELOPMENT BRANCH

Achievements in 1996.97 Goals for 1997-98

• Provision of grants totalling $600,799 to community • Extend direct assistance to Aboriginal and Torres organisations in 11 Queensland Aboriginal and Torres Strait Islander people who are a risk to themselves or Strait Islander communities under the Alternative others as a consequence of their intoxicated state. This Governing Structures Program (AGSP) to assist will include the development of a diversionary centre at communities to plan better ways of making decisions Townsville; about community affairs and to develop appropriate and effective decision -making models and processes; • Expand the AGSP into a broader program focusing on community-based planning for community development • Further assistance to ongoing AGSP planning projects, to enable assistance to be provided for planning for a including for the efficient operation of the Alcohol Law broader range of purposes including economic Council in Aurukun and for incorporation of the new development, outstation development and land and Tamwoy, Rose Hill, Alpin, Waibin and Quarantine natural resource management; (TRAWQ) Community Council on Thursday Island; • Continue to resource and support projects funded • Under the Local Justice Initiatives Program, provided under the Local Justice Initiatives Program in terms of grants totalling $1,900,835 to 44 projects for local justice training, awareness, networking , funding and on-the- initiatives in Queensland Indigenous communities, ground assistance; including for the establishment or continuing operation of community justice groups in more than 30 locations. • Seek to ensure that relevant government agencies respond positively and work collaboratively with local • Through regional staff of OATSIA, provided on-the- Indigenous communities in implementing community- ground support to communities in the establishment and based strategies for addressing justice issues; development of local justice initiatives , particularly through assistance with planning and facilitating linkages • Work to improve the linkages between community between Indigenous community groups and relevant justice groups and government agencies through justice agencies; facilitating local networking and convening a state-wide forum for discussing community justice issues; • Community justice groups funded under the LJIP, although still in their establishment phase , demonstrated significant potential for addressing Indigenous over- representation in the criminal justice system through community-based strategies for early intervention and crime prevention and greater input into the justice system;

• The Diversion From Custody Program funded diversionary centres in Brisbane , Rockhampton, Mount Isa and Cairns . The construction of a $860 , 000 purpose- built diversionary centre in Rockhampton was completed and the centre became operational in December 1996;

• Continuation of 'Cell Watch' for the purpose of providing supervision, care, companionship, support and counselling with particular attention to the prevention of any attempt at suicide or self-inflicted injury. In Townsville a watchhouse cell visitor service became operational;

Achievements in 1996-97 Goals for 1997-98

1996-97 RCIADIC Implementation Report - Part 2 38 • Maintenance of the Family Counselling and Support Program, with ATSIC funding, which provides counselling and support services to Aboriginal and Torres Strait Islander families or individuals who have experienced the loss of a family member through a death. in custody;

• In August 1996 an internal review and evaluation was completed of Diversionary Centre/ Watchhouse Cell Visitor Services with a view to developing a "best practice model". A statewide seminar for funded services to workshop the recommendations of the review and provide the opportunity for cross- organisational policy development and information sharing occurred. Implementation of the recommendations of the review have commenced;

• The Office contributed to Aboriginal and Torres Strait Islander housing and infrastructure policy and program development through its membership of the Joint Ministerial Advisory Committee for Indigenous Housing and Infrastructure (JMAC);

• The economic development objectives of the Office were met through the participation of officers in peak government agency meetings for the co-ordination of improved employment outcomes for Aboriginal and Torres Strait Islander peoples;

• The Office provided $48,750 for a three day workshop in Townsville to discuss the legal recognition of Torres Strait Islander traditional adoption;

• The co-ordination and development of the Queensland Government Submission to the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children From Their Families.

COMMUNITY COUNCIL SUPPORT BRANCH

• Funding under a number of programs was provided to • Continue funding of Aboriginal and Island Councils, 14 Aboriginal Councils and 17 Island Councils with immediate goal of ensuring adequacy of State incorporated under the Community Services (Aborigines) Government's financial contribution to the Councils Act 1984 and the Community Services (Torres Strait) Act (R.78, R.190, R.191, R.192, R.195, R.198, R.200); 1984 (R.78, R.190, R.191, R.192, R.195, R.198, R.200); • The successful implementation of the revised FAIP, in • Continuation of the Financial Accountability line with the objectives of the program (R.190, R.191, Improvement Program to improve Aboriginal and Island R.192, R.193, R.195, R.196); Councils' financial management and the employment of 12 Community Services Officers to provide on-site • Provision of ongoing support, advice and assistance assistance, support and advice to Councillors and to Community Services Officers (R.192, R.195); Council staff (R.191, R.192, R.193, R.195, R.196);

Achievements in 1996-97 Goals for 1997-98

1996-97 RCIADIC Implementation Report - Part 2 39 • April 1997, completion of triennial review of the • To investigate and provide recommendations on the Financial Accountability Improvement Program resulted future management of Aboriginal and Island Councils' in the amalgamation of FAIP and Councils' Training triennial elections (R.77); Program, resulting in a total FAIP budget of $1.m for 1997/98, with improved program structure and greater • The successful development of appropriate strategies coordinationlcooperation between agencies (R.191, to effectively address Community Policing and R.192, R.193, R.195, R.196); Community Court issues on Aboriginal and Island communities, and other issues related to the Community • Successful management and operation of the triennial Services legislation (R.217); elections for Aboriginal and Island Councils (R.77); • Provide assistance to Aboriginal and Island Councils • Continuation of effective and appropriate prescription as requested in the development of by-laws to address of annual financial statement format for Aboriginal and law and order, land management and other issues in Island Councils (R.193); their communities (R.78, R.192);

• Development and implementation of streamlined • Continued development. and implementation of procedures for the financial administration of all Office of streamlined procedures for the financial administration Aboriginal and Torres Strait Islander Affairs grants; of all Office of Aboriginal and Torres Strait Islander Affairs grants (R.191); • Provision of assistance to Aboriginal and Island Councils as requested in the development of by-laws to • To review Community Services Acts - Regulations address law and (R18, R.192); order, land management and other issues in their communities (R.78, R.192); and • Provide advice to Aboriginal and Island Councils on issues relating to financial management and • Provision of advice to Aboriginal and Island Councils interpretation of Community Services Acts (R.191, on issues relating to financial management and R.192, R.193, R.195); interpretation of Community Services Acts (R.191, 8.192, R.193, R.195). • Successfully implement Key Performance Indicators for FAIP and continue to monitor the applicability of performance indicators for the SGFA Program (R.194); and

Develop and implement a better communication strategy to provide greater information to Aboriginal and Island Councils (R.196).

RETAIL STORES

• Continued upgrading of community retail stores in • Work closely with Queensland Health professionals and accordance with retail industry best practice and in community members to further improve the availability of compliance with Workplace Health and Safety standards nutritious food provided by community stores and to resulting in further improvement in variety, range, and make a healthy purchasing choice easier R.282); wholesomeness of foodstuffs and increased volume in sales; • Establish Retail Stores Branch as the benchmark for nutrition in stores on other Aboriginal communities in • Introduction of EFTPOS facilities in retail stores has Queensland (R.282); given greater convenience to consumers and reduced the reliance on cash . This has given the people in the • Source funding for and implement state of the art new communities greater control over their disposable technology such as Point-of-Sale and Inventory Control income, which has resulted in increased purchases of Software in all retail stores; and food by families and in healthier dietary habits (R.282);

Achievements in 1996-97 Goals for 1997.98

1996-97 RCIADIC Implementation Report - Part 2 40 • Relocation of Queensland Aboriginal Creations to • Further upgrading of retail stores' long-term food modem premises fitted out in accordance with best storage facilities, including for fresh produce, to reduce practice standards. This has exposed Aboriginal and the reliance on expensive airfreight during wet season. Torres Strait Islander artwork and artefacts to a wider market and has resulted in an increase in purchses of product from Aboriginal artists and manufacturers. This has helped to support Indigenous artists by providing a quality retail outlet for their products. (R.306);

• Approximately 70% of retail stores staff are Aboriginal and Torres Strait Islander people. (R.305);

• Comprehensive training of retail stores staff and management in current retail practice and methodology in the private sector.

FAMILIES PROGRAM

• The Queensland Government acknowledged the • The Government will make a formal response to the significance of Bringing them home, the report of the Bringing them home report; National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families. On • New child protection legislation, the Children and 3 June 1997, the Parliament, on behalf of the people of Families Bill, is currently before the Queensland Queensland, expressed its sincere regret for the personal Parliament. The intent of the Child Placement Principle hurt suffered by those Aboriginal and Torres Strait has been incorporated into this new legislation , and the Islander people who in the past were unjustifiably administration of the legislation in relation to Aboriginal removed from their families. The Queensland and Torres Strait Islander children and families is Government response to Bringing them home governed by specific provisions which recognise the acknowledges what was done in the past in order to need for Departmental consultation with appropriate deal positively with the present and move on to the Aboriginal agencies and Torres Strait Islander agencies; future. Current Queensland legislation, policies and practices related to the welfare of Aboriginal and Torres Strait Islander children and families emphasise the importance of maintaining and strengthening Indigenous family, cultural and social ties and identity; • The policy document which sets out the Aboriginal • One of the key strategic goals of the Department of and Torres Strait Islander Child Placement Principle in Families, Youth and Community Care is to address the detail will be updated in 1998 and jointly approved by over representation of Aboriginal and Torres Strait Aboriginal and Islander Child Care Agencies and the Islander children on orders. Targeted strategies in each Department of Families, Youth and Community Care. region continued to focus on improving child protection Staff will undertake advanced training in working with practice with Indigenous families; Aboriginal and Torres Strait Islander children and families. • Funds provided under the Alternative Care and Intervention Services Program specifically for Aboriginal and Torres Strait Islander children increased dramatically in recent years. A total of $1,193,911 was provided under this program in 1996-97, compared with $403,914 in 1988-89. This includes funds to six Indigenous agencies for Shared Family Care, to recruit, train and support Indigenous careproviders for children requiring out-of-home care;

Achievements in 1996-97 Goals for 1997-98

1996-97 RCIADIC Implementation Report - Part 2 41 There was Aboriginal and Torres Strait Islander community representation on selection panels for recruitment of Family Services Officers, the front-line child protection workers in the Department.

YOUTH PROGRAM

• The Department of Families , Youth and Community To support the successful participation in society of the Care has allocated funds to organisations in 20 locations diverse range of young people through coordinated to identify needs and conduct activities directed at policies, services and programs across Government and primary crime prevention and early intervention in local the community including the provision of preventative crime problems through broad community participation and statutory services to young offenders and their and action; families.

• Four YACCA projects are sponsored by Indigenous organisations (located in Brisbane , Murgon, Palm Island and Aurukun ) and five YACCA projects provide a significant proportion of services to Indigenous young people by virtue of their location and/or employment of Indigenous staff (located in Inala, Zillmere , Bundaberg, Mackay and Cairns). Under the YACCA Special Grants, the Mt Isa project specifically targets Indigenous young people who are at risk of participating in the sex industry;

• During 1997, a total of 22 community organisations received funding to employ full-time or part-time Rural Youth Workers to work with young people, their families and the community, and to provide services and to develop responses to identified youth issues;

• Three of the organisations funded under this initiative work predominantly with Aboriginal and Torres Strait Islander young people within local communities. These are: Mornington Shire Council; Nyletta Aboriginal & Torres Strait Islander Corporation; and Woorabinda Aboriginal Council.

YOUTH SUPPORT COORDINATORS PROGRAM

• During 1997, a total of 13 community organisations were funded to employ Youth Support Coordinators to work with schools and community organisations to identify and directly assist or refer young people who would benefit from being linked into personal and family support services.

• In addition to one specific Aboriginal and Torres Strait Islander service funded through the Durunbal Community Youth Service in

Achievements in 1996-97 Goals for 1997-98 Central Queensland, funded services include Aboriginal

1996-97 RCIADIC Implementation Report - Part 2 42 and Torres Strait Islander young people amongst their target groups.

COMMUNITY CARE

• The development of the Aboriginal and Torres Strait • To consult with Aboriginal & Torres Strait Islander Islander Case Management in Supported people to optimise the cultural appropriateness of Accommodation Assistance Services to develop and the national model laws for domestic violence, revised foster culturally appropriate case management for both Queensland legislation and "Statement of Future Aboriginal and Torres Strait Islander services and Directions"; Aboriginal & Torres Strait Islander clients in other services; • To implement recommendations of the report "An Act for Everyone" to: Provision of training in case management for a number of Aboriginal and Torres Strait Islander - improve Aboriginal & Torres Strait Islander people's organisations; knowledge of the Domestic Violence (Family Protection) Act, 1987; • Funding of a number of Aboriginal & Torres Strait - enhance Aboriginal & Torres Strait Islander people's Islander organisations, including: access to culturally appropriate support services; - reduce cultural barriers to the use of Protection Orders - 12 Supported Accommodation Assistance services by Aboriginal & Torres Strait Islander people; (refuges and safe houses) for women escaping - reduce the incidence of domestic violence in domestic violence; Aboriginal & Torres Strait Islander communities; - 13 Supported Accommodation Assistance services for people who are homeless or at risk of becoming • To implement the Management of Public Intoxication homeless; Programs in a number of Aboriginal & Torres Strait - 2 Management of Public Intoxication services, with Islander communities; allocation for three more services (developing proposals); • To revise service agreements in line with output-based funding. These service agreements will facilitate the - 12 Emergency Relief services for families and development of locally-negotiated outcomes and individuals in financial crisis. performance measures, where appropriate;

• Through the Pilot Self-Harm and Substance Abuse • To introduce block funding as part of output- based Program, the Department of Families, Youth and funding in 1999, where appropriate. Community Care made available funds to seven Aboriginal community groups in the South West and • To consult with representatives from A&TSI Women's North Queensland to develop services which prevent Refuges in the review of the minimum standards for young people from hurting themselves by abusing petrol women's refuges to optimise cultural appropriateness of or other substance; standards.

• The purpose of Self-Harm and Substance Abuse Prevention Pilot Program is to support families and communities to prevent young people from hurting themselves through sniffing petrol and other substances, and to assist young people and their families when substance use has become a problem.

Achievements in 1996-97 Goals for 1997-9&

COMMUNITIES AND PERSONAL HISTORIES

1996-97 RCIADIC Implementation Report - Part 2 43 • Implemented the Community and Personal Histories • Continue to improve response time to requests from Access Policy. This policy ensures access to Aboriginal clients; and Torres Strait Islander records whilst maintaining individual and community confidentiality (R.53); • Develop indexes to record series held by the Department and other state government agencies, • Implemented the Community and Personal Histories including series held at the Queensland State Archives Grants Program. The 1996197 Program funded 32 (R.53); projects statewide. Each project is managed and controlled by Aboriginal and or Torres Strait Islander • Launch Records Guide , Volume Two-A Guide to peoples (R.51, R.52, R.56). Queensland Records relating to Aboriginal and Torres Strait Islander people (R.53).

HUMAN RESOURCE MANAGEMENT

• Selection Criteria for the five Regional Director SES2 • To decentralise the Aboriginal and Torres Strait positions included a demonstrated ability to communicate Islander cultural awareness training program which will effectively and sensitively with Aboriginal and Torres result in the five Regions being in a position to taylor Strait Islander people , and demonstrated understanding their own individual programs to reflect the cultural of their cultures. An outcome was that one of the diversities of their local communities. As well as, Regional Directors appointed was Indigenous (R.177); identifying cultural and protocol issues that are unique to their Regions (R.177); • The Department was awarded an Office of the Public Service Best Practice Award for anti-discrimination • To continue to implement the Aboriginal and Torres initiatives with the launch of the Anti-Racism policy in strait Islander Employment and Career Development December 1996. The policy was accompanied by best Strategy by; increasing the number of tertiary qualified practice, rights and issues papers promoting the Aboriginal and Torres Strait Islander staff; elimination of racial discrimination and harassment in the workplace; • Increase the awareness of and sensitivity to, Indigenous staff by non-Indigenous staff with result of • The Mura Ama Wakaana Aboriginal and Torres Strait increased retention rates of Indigenous staff; Islander Cultural Awareness Training Program was implemented . A total of eight Indigenous staff received • To increase the number and levels of permanent accreditation as trainers in this cultural awareness Aboriginal and Torres Strait Islander staff, throughout all package. They have commenced cultural awareness regions and program areas (R.178); training for Departmental staff (R.210); Review and enhance policy and guidelines on Specified • A total of eight Aboriginal and Torres Strait Islander Positions, by ensuring that recruitment and selection staff have been awarded the Department 's Aboriginal processes and practices are flexible and meritorious. and Torres strait Islander Undergraduate and Staff Also, that processes and practices are continually Scholarships Program. reviewed to ensure appropriateness for all staff including Aboriginal and Torres Strait Islander employees (R.178) • Three of the Department's staff were successful in gaining placement on the Department of Training and • Explore the Aboriginal and Torres Strait Islander Industrial Relations (DTIR) Middle Management Training Cadetship Program options. This is a recruitment Program; program aimed at Aboriginal and Torres Strait Islander people studying at universities; • The Aboriginal and Torres Strait Islander Reference Group provide advice on reviews of the Human • To enhance the Career Development and Retention Resource Policy in areas such as Recruitment, Selection Strategies by regionalising of the Aboriginal and Torres and Induction of Indigenous staff; Strait Islander Employment and Career Development Strategy; inaugurating Regional Reference Groups; providing language and literacy training; enhancing the

Achievements in 1996-97 Goals for 1997-98

• The Department's Aboriginal and Torres Strait Islander Undergraduate Scholarship Program; and exploring wider Employment and Career Development Strategy was options for the Aboriginal and Torres Strait Islander

1996-97 RCIADIC Implementation Report - Part 2 44 designed to increase the number and levels of Aboriginal Management Development Programs; and Torres Strait Islander staff employed permanently. The key elements of the strategy is the effective use of • To increase the number of Aboriginal and Torres specified positions to employ significant numbers of Strait Islander staff who are accredited trainers of the Aboriginal and Torres Strait Islander people. such Mura Ama Wakaana cultural awareness package; positions have occurred at all levels of the Department (R.178). • To increase the availability of cultural awareness training courses in the five Regions. (R.210).

DEPARTMENT OF JUSTICE (JUS)

Achievements in 1996-97 Goals for 1997-98

• Maintenance of Aboriginal and Torres Strait Islander • The continued review of the Coroners Act 1958; recruitment, salary and support systems within the Department of Justice; • Continued recruitment of Aboriginal and Torres Strait Islander staff; - Continued recruitment of Aboriginal and Torres Strait Islander staff; • Continued cultural awareness training for 'train the trainer' training for selected officers and for the • Training of JPs (Mag Ct) has been completed in involvement of Indigenous Magistrates Courts registry various Aboriginal and Torres Strait Islander staff in the training/planning process. Communities throughout Queensland; 190 people have been trained with 112 being appointed as JPs (Mag Ct);

• A project was undertaken by the Department, in conjunction with the Bureau of Ethnic Affairs, into language service provision in court houses;

- Cultural awareness training for 'train the trainee training for selected officers and for the involvement of Indigenous Magistrates Courts registry staff in the training/planning process;

- Passage of the Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Act 1997 (which amends the Criminal Code to allow Justices of the Peace (Mag Ct) in Aboriginal, Torres Strait Islander and remote communities to hear and determine certain indictable offences summarily).

1996-97 RCIADIC Implementation Report - Part 2 45 DEPARTMENT OF LOCAL GOVERNMENT AND PLANNING (DLGP)

Achievements in 1996-97 Goals for 1997-98

Planning Services Planning Services

Voluntary regional planning exercises were conducted in • Implement the Integrated Planning Bill and provide the following areas: training and advice to all stakeholders in the planning - Cape York - Cape York Penninsula Land Use Study and development process. Implementation includes (CYPLUS); provisions covering crisis accommodation; - Far North Queensland Far North Queensland (FNQ) 2010 Regional Planning Project; • Continue to facilitate voluntary regional planning - Townsville-Thuringowa-Townsville Thuringowa Strategy exercises which involve community groups and Plan Project; stakeholder peak bodies; - Wide Bay - Wide Bay Regional Growth Management Framework Project; • Continue to monitor the impact of Native Title - South East Queensland - South East Queensland 2001 legislation upon the planning framework and keep Regional Growth Management Project. stakeholders informed;

• These exercises provided the opportunity for the • Continue to improve the quality and range of participation of Aboriginal and Torres Strait Islander demographic and census information to stakeholders; community representatives or peak groups such as ATSIC. Major outcomes will be improved quality of life, • Continue to provide planning policy advice and increased economic confidence, employment and guidelines to stakeholders. investment, and development which incorporates ecological sustainability.

Local Government Services Local Government Services

• An evaluation of the effectiveness of the Local • Continue to monitor the decisions of the Aurukun Government (Aboriginal Lands) Amendment Act 1995, Alcohol Law Council and carry out a review of the which provides for the establishment of the Aurukun effectiveness of the legislation to June 1999; Alcohol Law Council and which makes decisions on the control of alcohol in the Aurukun community, was • Continue to provide advisory services to Aurukun and completed. The legislation is due to expire in December Mornington , including assistance in conducting local law 1997. The evaluation has resulted in the preparation of reviews under the National Competition Policy; legislation to extend the sunset clause to 30 June 1999. This legislation was introduced into Parliament in October • Develop consultation processes between the 1997; Department and local government which recognise and include Aboriginal and Torres Strait Islander Councils; • In July 1996, officers travelled to Mornington Island to assist the local law officer in reviewing Mornington's local • Develop a process for recognising the Aboriginal and laws, and to attend a Council meeting;. Torres Strait Islander member Councils of the LGAQ;

• In November 1996, an officer travelled to Mornington • Continue to provide grants and subsidies to Aboriginal to participate in and provide advice to the Council on the and Torres Strait Islander Councils under existing process to select the Council's Chief Executive Officer; programs of the Department of Local Government and Planning to assist in the provision of local government • A total of $2.020 million was paid to Aurukun and services; Mornington Shire Councils to offset administration and operating costs; • To work with ten Aboriginal reserve communities to complete Total Management Plans (TMPs) documenting their infrastructure needs;

Achievements in 1996-97 Goals for 1997-98

1996-97 RCIADIC Implementation Report - Part 2 46 • Road and drainage improvements and sewerage • To work with two Aboriginal and two Torres Strait treatment upgrading works were completed at Aurukun, Islander Deed-of-Grant-in-Trust communities to complete and $2.664 million was paid to Council; Community Infrastructure Plans documenting their infrastructure and service delivery needs; • $0.833 million was paid to Momington Shire Council for road and drainage improvement works; To work with ATSIC to develop and sign a Memorandum of Understanding regarding funding for • Road and drainage grants totalling $0.528 million were joint infrastructure projects; provided to the Aboriginal and Torres Strait Islander Councils and Torres, Mornington and Aurukun Shire • To work with other State and Commonwealth Councils; Government agencies (where appropriate) to develop and implement an Operations and Maintenance Program • Grant assistance totalling $1.029 million was provided for Aboriginal and Torres Strait Islander communities. to restore flood and cyclone damage to public assets on The program aims to provide Indigenous people with the Mornington Island and at Woorabinda, Pormpuraaw and skills and equipment to operate and maintain their own Bamaga; water and sanitation infrastructure;

• $1.407 million was provided to Aboriginal and Torres • To allocate $7. 5 million for capital works projects in Strait Islander Councils under the Rural Living Indigenous communities using a needs-based Infrastructure Program for community infrastructure prioritisation methodology based on the data contained projects; in the TMPs.

• $1.283 million was provided to Torres Shire Council for the Thursday Island sewerage upgrading program;

• The Aboriginal and Torres Strait Islander Infrastructure Program (ATSIIP) has developed a needs-based prioritisation methodology to allocate infrastructure funds to communities, as the need far exceeds the available funds. In order to develop this methodology, ATSIIP analysed the data provided in the 34 Total Management Plans (TMPs) and employed computer programming consultants to create an algorithm to prioritise the projects across the State over the next ten years;

• Using the above methodology, ATSIIP allocated $19.9 million to a range of communities to continue to address the acknowledged shortcomings of infrastructure in Aboriginal and Torres Strait Islander communities;

• These projects included a $7 million contribution to a $16.5 million water supply project for the Torres Strait and a $2.6 million contribution to a water supply project for Hopevale;

• The role of the Joint Ministerial Advisory Committee (JMAC) was expanded to include the provision of advice to the Minister for Local Government and Planning on the Aboriginal and Torres Strait Islander Infrastructure Program.

Office of Rural Communities Office of Rural Communities

1996-97 RCIADIC Implementation Report - Part 2 47 • In 1996, a steering committee to examine the feasibility • ORC will ensure issues relevant to Indigenous of establishing a peak council for rural and country communities are considered in the development of rural women was established with secretariat and facilitation policy advice and briefings for the Minister responsible provided by the Office of Rural Communities and funding for rural communities; provided by the Office of Rural Communities and the Department of Primary Industries. Acting on • ORC staff will continue to bring Indigenous issues recommendations made by the steering committee in raised during the course of rural visits to the attention of November 1996, the Queensland Council for Rural and relevant State and Commonwealth agencies; Regional Communities was established by the Treasurer in January 1997. Indigenous women are represented on • Relevant strategies from the Queensland Aboriginal the Council; and Torres Strait Islander Economic Development Strategy will be developed and incorporated into the • Queensland Government Agents undertook cultural Rural and Regional Development Strategy being awareness training in association with the Office of developed by the Office of Rural Communities. Aboriginal and Torres Strait Islander Affairs;

• Wherever possible, issues relevant to Indigenous people raised with staff of the Office of Rural Communities during the course of visits to rural areas, were brought to the attention of the appropriate Commonwealth and State agencies. For example, the Office of Rural Communities was involved in promoting a scheme to train and employ Indigenous Environmental Health Workers in Aboriginal and Torres Strait Islander communities.

Corporate and Executive Services Corporate and Executive Services

• The percentage of staff who are Aboriginal and Torres • Local Government and Planning will develop strategies Strait Islander descent increased from 1.1% in 1995-96 to increase the recruitment and participation rates for to 1.2% in 1996-97. Significantly, the employment status Indigenous people in accord with the Government's EEO of each of these officers changed from temporary to targets for Aboriginal and Torres Strait Islander people; permanent full-time during 1996-97; • The Foundations Program will be piloted with A01-4 • Strategies progressed to ensure that public information officers; and consultation programs were properly targeted to the Department's clients, including Aboriginal and Torres • Activities to promote in staff a greater understanding of Strait Islander people; the Aboriginal and Torres Strait Islander culture and society with continue, on a needs basis. • Local Government and Planning continues to promote in its staff a greater understanding of the Aboriginal and Torres Strait Islander culture and society through participation in appropriate training activities, on a needs basis;

• The Foundations Program was endorsed in 1996-97 as a training strategy to meet the needs of A01-A04 officers for specialised training and development. This program will include a combination of mentoring relationships, job placements, and on and off the job development experiences tailored to meet the needs of individual officers. It is anticipated that this program will be an important part of the EEO strategy for A01-A04 officers, including Aboriginal and Torres Strait Islander members of staff in the target group.

DEPARTMENT OF NATURAL RESOURCES (DNR)

1996-97 RCIADIC Implementation Report - Part 2 48 Achievements in 1996-97 Goals for 1997-98

Policy • Ongoing policy development and implementation; • To ensure native title claims are progressed in accordance with legislation and Government policy; • Work instructions and guidelines. • To ensure Aboriginal and Torres Strait Islander Reconciliation interests in land are identified and addressed; • To increase staff awareness of issues associated with Aboriginal and Torres Strait Islander land interests, three • To develop and implement strategies to increase the major training workshops were conducted. A two-day recruitment and retention of Aboriginal and Torres Strait update covering both native title issues and Aboriginal Islander people in line with the whole of Government land matters was provided for all departmental staff; targets.

• An evaluation of the Cross-cultural awareness training was conducted and funding approved for this course to be offered throughout the Department on a continual basis.

Economic Development • Implementation of initiatives of Equal Employment Opportunity Management Plan including: cultural awareness training for staff; selection panels with Aboriginal and Torres Strait Islander representation; and reference groups representing Aboriginal and Torres Strait Islander people to advise the EEO consultative committee.

Land • Continuing assessment of native title tenure histories;

• Continuing transfers of land under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991;

• Continued management of land claims made under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991.

DEPARTMENT OF PRIMARY INDUSTRIES (DPI)

Achievements in 1996-97 Goals for 1997-98

• Cross-cultural workshops in Fisheries and Boating • Development of an Aboriginal and Torres Strait Patrol; Islander Employment Strategy;

• Provision of Property Planning and Management advice • Increase the number of cross-cultural awareness to Aboriginal property owners; workshops across the Department;

Achievements in 1996-97 Goals for 1997-98

• Encouragement of Aboriginal and Torres Strait Islander • Increase the number of Aboriginal and Torres Strait participation in fisheries by the provision of legal, Islander employees;

1996-97 RCIADIC Implementation Report - Part 2 49 technical and managerial support from various parts of • Provide opportunities in aquaculture for Aboriginal and the Department of Primary Industries and the Torres Strait Islander groups to participate in community- Queensland Fisheries Management Authority. based food production as well as commercial activities.

DEPARTMENT OF PUBLIC WORKS AND HOUSING (DPWH)

Achievements in 1996-97 Goals for 1997-98

• The Aboriginal & Torres Strait Islander Housing • As part of the Government's Information Queensland Program (ATSIHP) has implemented in 1997, a strategy, 64kbps of digital telecommunications will be Community Housing Management Strategy which will provided to all schools and most community health assist communities to plan for housing , to develop and centres by December 1998, using both terrestrial and improve tenancy and asset management. Pilot projects VSAT satellite services. This will: within the strategy commenced in 1997, on six Deed-of- include services to most Aboriginal Grant-in-Trust (DOGIT) communities; communities (excluding outstations); provide good basic services to exchanges in • An increase in funding for Indigenous housing included these towns to improve voice services; and an additional $8 million in the 1996/97 budget, plus provide local call internet access as well as $10.5 million carried forward from 1995/96 for the expand video-conferencing and telemedical Islander (ATSIHP); facilities.

• In 1996/97, $10 million was transferred from the • This major telecommunications initiative is a significant Community Housing budget to the ATSIHP for allocation plank in extending service access to Aboriginal to Aboriginal and Torres Strait Islander Community communities; Councils; • The 1997/98 ATSIHP Annual Program Plan provides • Funds totalling $2.150 million were allocated to an analysis of housing needs and identifies a range of Indigenous housing projects under the Crisis strategies relating to housing administration, Accommodation Program and $6.558m was approved management and support services; under the Rural and Regional Community Housing Program; • DPWH intends to conduct Cultural Awareness Training for managers and client services staff throughout the o The Department's Business Units continue to liaise Department within the next reporting cycle; with the affected Aboriginal communities in conjunction with client agencies, to ensure that the informed views • The successful project model that was used at of Aboriginal people are incorporated into the designs Woorabinda will be used in other areas across the state proposed for various government facilities; as appropriate opportunities arise;

• Where Q-Build is involved in building activities in • The 1997/98 Aboriginal and Torres Strait Islander Aboriginal communities, Q-Build continues to undertake Housing Annual Program Plan provides an analysis of full consultation with the respective Community Councils; housing needs and identifies a range of strategies relating to housing administration , management and • Queensland State Archives has set aside an office support services; within the Public Search Room for an archivist from the Community and Personal Histories section of the • In 1997/98, Building Services Authority staff from Department of Families Youth and Community Care. This Regional Offices will have the opportunity to attend office is staffed on a full time basis and ensures that Aboriginal and Torres Strait Islander Cultural awareness specialist help is available to researches of information training . This is a specially designed "Cross Cultural relating to Aboriginal and Torres Strait Islander people; Awareness" training

Achievements in 1996-97 Goals for 1997-98

• State Archives has received two transfers of records program, aimed at raising staff awareness of cultural relating to the Royal Commission from the Queensland differences, particularly targeting the main cultural groups Crown Solicitor's Office, the first being received in 1991 represented in BSA's customer base, including those and the second in 1996. Access to these would be at from an Aboriginal & Torres Strait Islander background.

1996-97 RCIADIC Implementation Report - Part 2 so the discretion of the Department of Justice and Attorney- General;

• Special arrangements were implemented under the 1996197 Rural and Regional Community Housing Program to ensure that Aboriginal and Torres Strait Islander organisations were able to participate. The standard application form was adapted for Community Councils to improve its relevance, and the funding agreement was adapted so that it was consistent with the documents used by the ATSIHP. Indigenous organisations were kept informed at all stages of the funding processes and specific liaison was maintained with the Aboriginal Co-ordinating Council and the Island Co-ordinating Council;

• The Department of Public Works and Housing have a number of employees who live and work in areas with significant Aboriginal populations. In recognition of this, the Department's Equity Management Plan, 1996-98, includes strategies focussed at conducting Cultural Awareness training for managers and client services staff as well as incorporating cultural awareness issues into the Department's induction procedures;

• A Cultural Awareness Program has been jointly developed by the Department of Training and Industrial Relations, the former Public Sector Management Commission, and the Department of Families, Youth and Community Care. This Department will continue to conduct this awareness program;

• Indigenous representatives, nominated by the Aboriginal and Torres Strait Islander Employment Unit, participate as members of panels interviewing applicants for apprenticeships. In 1997, 83 applicants were identified as being of Aboriginal & Torres Strait Islander descent. The 1998 intake was advertised in mid- November 1997 and closed on 28 November 1997;

• The Woorabinda Community Council appointed Q-Build as their preferred builder to undertake projects involving a shopping complex and community housing. As part of the program, Q-Build engaged 10 Aboriginal people to be trained in various aspects of building works. The traineeships concluded on 16 May 1997, with 6 of the original 10 trainees receiving Statements of Attainment. The other 4 trainees left the program for personal reasons;

Achievements in 1996-97 Goals for 1997-98

• In 1996/97, the majority of Building Services Authority staff in the Brisbane Office attended a specially designed "Cross Cultural Awareness" training program which

1996-97 RCIADIC Implementation Report - Part 2 51 aimed, to raise staff awareness of cultural differences, particularly targeting the main cultural groups represented in BSA's customer base, including those from an Aboriginal & Torres Strait Islander background. .

DEPARTMENT OF TOURISM, SMALL BUSINESS AND INDUSTRY (TSBI)

Achievements in 1996-97 Goals for 1997-98

• Participation in an inter-agency working group on • Focus will be placed on improved promotion and economic development chaired by the Office of culturally appropriate delivery of business services to Aboriginal and Torres Strait Islander Affairs in the Aboriginal and Torres Strait Islander Communities, Department of Families, Youth and Community Care; including, where appropriate, the development of new services that are more relevant to the needs of • Establishment of the Indigenous Enterprise indigenous people in, or entering, business; Development Pilot Project at the Cairns Business Centre, with a dedicated Indigenous business advisor providing • Maintenance of enforcement and awareness programs project-based support for Aboriginal or Torres Strait to ensure licensees comply with the provisions of the Islander business development; Liquor Act and the responsible service of alcohol;

• Development and implementation of an "Aboriginal • Conduct of an Indigenous Hospitality Program targeting Communities Consultation Guide for Liquor Licensing the managers and Councils operating canteens in remote Officers"; Cape York communities. This is a multi-agency initiative involving the Queensland Police Service, Queensland • Provision of cross-cultural awareness training to Health and the Liquor Licensing Division; departmental staff in 1996/97; • Increased permanent participation in the TSBI • Targeted investigations throughout the State in relation workforce by Aboriginal and Torres Strait Islander people to intoxication offences, in and around licensed premises; including the creation of a dedicated position in the Graduate Development Program. • Development of an accredited Responsible Service of Alcohol Training Package for easy access by licensees and their staff throughout Queensland.

DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS (DTIR)

Achievements in 1996-97 Goals for 1997-98

• The first Indigenous Training Plan was submitted to the • Implementation of an ongoing training strategy State Training Profile. The plan will result in a more following conclusion of the Queensland Public Sector accurate and targeted analysis of Indigenous training Aboriginal and Torres Strait Islander Employment needs and result in a more effective allocation of Strategy in June 1996. This strategy will be resources . The plan highlights the training needs of underpinned by all RCIADIC recommendations which Indigenous people in correctional centres; impact on the training and employment of Aboriginal and Torres Strait Islander people;

Achievements in 1996-97 Goals for 1997-98

• The five year plan of Nagi Binanga - the standing • Continued implementation of the Torres Strait committee established to advise the Vocational Employment and Career Development Strategy; Education, Training and Employment Commission on training issues impacting on the State's Indigenous • Continued implementation of "Mura Ama Wakaana" -

1996-97 RCIADIC Implementation Report - Part 2 52 people - was revised to incorporate current training the cross cultural awareness program for the initiatives and activities . Nagi Binanga met on four Queensland Public Sector; occasions in the period 1996/97; • Continued assistance to Aboriginal and Torres Strait • A video was produced to promote Nagi Binanga to Islander people through programs offered by the community decision makers, open channels for Department of Training and Industrial Relations; communities to express training and skill development needs, and promote the benefits of VET (Vocational • Continued implementation of the Workplan of the Nagi Education and Training ) to Indigenous communities; Binanga five year Plan for Aboriginal and Torres Strait Islander people which aims to facilitate participation in • In June 1996 DTIR concluded implementation of the vocational education , training and employment; five year Queensland Public Sector Aboriginal and Torres Strait Islander Employment Strategy. This joint • Continued implementation of the Queensland Adult State/Commonwealth initiative was developed as part of English Language, Literacy and Numeracy Policy; the Queensland Government's response to the Aboriginal Employment Development Policy; • Continued implementation of DTIR's Aboriginal and Torres Strait Islander Middle Management Development • Over the five years of the strategy, 1039 Indigenous and Training Program. people were placed into employment and training positions through a range of seven employment and • Continued implementation of the TAFE Queensland training programs and five career development programs. Aboriginal and Torres Strait Islander Professional This figure was 139 placements in excess of the agreed Development Strategy; target of 850 for the five years. • Continued implementation of Recognition of Prior • The Torres Strait Employment and Career Learning in Aboriginal and Torres Strait Islander Development Strategy continued its aim of improving the Communities. representation of Indigenous people employed across the three levels of Government in the Torres Strait and Northern Peninsula Area. Since its inception in 1994, 253 indigenous people have been placed into employment, training and career development programs in public sector agencies in the region. Of these, 123 were placed during 1996/97;

• Both of these employment strategies were delivered by Aboriginal and Torres Strait Islander officers;

• The Young Offenders Vocational Training program provides skills training for sustainable jobs for persons aged 17 to 24 years currently under the supervision of the Queensland Corrective Services Commission. The program, developed in consultation with the Commission, is a community-based initiative. Local organisations are involved in the design and delivery of a range of training and employment programs which are strongly linked to the needs of local industry and the local labour market;

• Of the six programs delivered during the year, programs in Cairns and Mackay were specifically targeted for Indigenous youth because of their disproportionately high representation in the target group; Goals for 1997-98 Achievements in 1996-97

• An Aboriginal and Torres Strait Islander Literacy Conference was held in July 1996 as part of a National Languages EXPO. It provided an opportunity for

1996-97 RCIADIC Implementation Report - Part 2 53 Aboriginal and Torres Strait Islander people working in the area to exchange ideas and provide information to the wider EXPO audience;

• The Certificate II in Essential Services (Aboriginal and Torres Strait Islander stream ) traineeship was piloted in six rural and remote Aboriginal and Torres Strait Islander communities;

• All TAFE Institutes recorded Aboriginal and Torres Strait Islander student enrolments in both mainstream and specific courses. In 1996 there were 5796 Aboriginal and Torres Strait Islander students enrolled in TAFE Queensland courses. This was a 19.4% increase over 1995 enrolments;

• TAFE Queensland continued to provide a range of accredited specific Aboriginal and Torres Strait Islander award courses which assist in addressing many of the educational needs determined by communities. These courses cover primary health care, early childhood, ranger training (natural and cultural management), community teaching welfare, and business. Short courses were also developed to meet one-off commnity needs;

• A Construction, Fit Out and Finish Course was conducted at Yam Island and delivered by the TAFE Mobile Training Unit. Subjects included Literacy and Numeracy, Basic Construction Materials and Timber Wall and Floor Framing. Competency Certificates certifying the completion of the first half of the course were presented to 15 students;

• Yarrabah and Hopevale communities commenced a pilot program in the Australian Vocational Traineeship Scheme (AVTS). The project is a joint initiative of the Far North Queensland Institute of TAFE , Johnston College, Construction Training Queensland, the Department of Employment Education Training and Youth Affairs, and the Yarrabah and Hopevale Community Councils . The pre-employment program offers trainees off-the-job training in the construction industry. Under the scheme, trainees are enrolled in a Certificate in Construction Fit Out and Finish which involves entry level training in carpentry and joinery, painting and decorating , bricklaying and tiling;

Goals for 1997-98 Achievements in 1996-97

• Stage one of a literacy program was held in Doomagee in Semester 1 in 1997. This was a joint

1996-97 RCIADIC Implementation Report - Part 2 54 initiative of Mt Isa Institute of TAFE and Cooloola Sunshine Institute of TAFE. The course followed an access skills audit. The courses offered were Welding, Carpentry, Music, Bakery and Cooking, Childcare, Art and Craft, Sewing, and Plant Operations - all of which had a numeracy and literacy focus;

• Mt Isa Institute of TAFE offered an Associate Diploma of Health (Alcohol and Other Drug Studies) with students graduating in Semester 1, 1997;

• TAFE Queensland continued to implement Recognition of Prior Learning in Aboriginal and Torres Strait Islander communities;

• The Arts and Culture Centre at the CairnsCampus of the Tropical North Institute of TAFE has been completed. Staff and students are optimistic regarding future courses that will be offered using these new facilities;

• The Aboriginal and Torres Strait Islander Co-ordination Unit of TAFE Queensland produced four editions of Maka Ya, a publication which outlines positive stories regarding Aboriginal and Torres Strait Islander students, staff and Indigenous vocational education and training issues. Articles addressing remote areas are included in these publications;

• Six graduates of the Associate Diploma in Justice Studies for Aboriginal and Torres Strait Islander people were inducted into the Queensland Police Service in 1996;

• TAFE Queensland continued to offer fee exemptions for Aboriginal and Torres Strait Islander students in specific courses and part concessional fees in mainstream courses, in order to facilitate maximum access to courses;

• TAFE Queensland have nine colleges /institutes/campuses which have Aboriginal and Torres Strait Islander representation on their Community Councils. In the cases of the Torres Strait campus and the campus at Cherbourg, the majority of members are Aboriginal and Torres Strait Islander people;

• There are 11 colleges /institutes which have specific Aboriginal and Torres Strait Islander Advisory Committees;

Goals for 1997-98 Achievements in 199697

• When Aboriginal and Torres Strait Islander specific

1996-97 RCIADIC Implementation Report - Part 2 S5 courses are being developed or reviewed, Aboriginal and Torres Strait Islander people comprise the majority membership of the particular curriculum advisory committee;

• DTIR's Middle Management Development Training Program for Aboriginal and Torres Strait Islander people continued with participants commencing the second intake of trainee management placements within the department;

• Implementation of the cross cultural awareness program (Mura Ama Waka Ana - People Working Together) for the Queensland Public Sector commenced with indigenous staff trained to deliver the program in major centres across the State;

• TAFE Queensland is continuing to address the strategies set out in TAFE Queensland's Aboriginal and Torres Strait Islander Professional Development Strategy.

EDUCATION QUEENSLAND (EQ)

Achievements in 1996-97 Goals for 1997-98

• The establishment of the Aboriginal and Torres Strait Islander Education Branch within the Departmental structure;

• The development of a Ministerial Advisory Committee • Establishment of MACATSIE; (MACATSIE) to replace the Queensland Aboriginal and Torres Strait Islander Education Consultative Committee (QATSIECC);

• Participation Strategy handed on to QATSIECC for • To finalise the Participation Strategy to include a finalisation; Community Participation Framework and Guidelines;

• Further development of the Aboriginal and Torres Strait • To continue extensive community consultation into the Islander Language Policy; development of the Aboriginal and Torres Strait Islander Language Policy and Guidelines document;

• Trial of Pre-school to Year 12 Guidelines and • Further refining and trial of the Pre-school to Year 12 Framework for the Teaching of Aboriginal Studies and Guidelines and Framework for the Teaching of Aboriginal Torres Strait Islander Studies in Queensland Schools; Studies and Torres Strait Islander Studies in Queensland Schools;

• Increased numbers of schools involved in the trial of • Encouraging Aboriginal Studies and Torres Strait the Board Syllabus subject, Year 11 and 12 Aboriginal Islander Studies in a greater number schools at Years Studies and Torres Strait Islander Studies; 11 and 12;

Achievements in 1996-97 Goals for 1997-98

• AITAP review completed; • AITAP Review recommendations incorporated into

1996-97 RCIADIC Implementation Report - Part 2 56 1998/99 AITAP action plans and strategies;

• Ongoing development and maintenance of AITAP in Queensland schools;

• Increased number of schools involved in AITAP;

• Increased numbers of Aboriginal and Torres Strait • Continue to improve the number of Indigenous persons Islander workers employed in the Department; employed in the department;

• Commenced initial planning for a career education Continue to develop career education program for program for students in years 7&8, as part of the students in years 7 & 8 Aboriginal and Torres Strait Islander Career Aspirations Pathways Program (AICAPP); • Development of AICAPP activities in school communities; • Finalisation and distribution to all Queensland schools of the Aboriginal and Torres Strait Islander Early Childhood Teacher's Handbook;

• Provision of quality advice and input into departmental • Continue to have input into Departmental documents policies and documents; and programs as requested to ensure that Aboriginal and Torres Strait Islander perspectives are included;

• Development of employment support programs for • Employment Strategy for Aboriginal and Torres Strait Aboriginal and Torres Strait Islander employees; Islander employees to be developed during 1998;

• Continue shadowing program for administration staff;

• Support for NAIDOC Week activities in Queensland • Revise and rewrite a Kit for schools which will identify school communities; best practice strategies and activities and will be distributed to schools to be used in conjunction with other NAIDOC programs prior to NAIDOC Week 1998; • Establishment and subsequent closure of the Executive Support Unit which developed forward planning for Aboriginal and Torres Strait Islander Education and employment in the Department;

• More flexible application of the Remote Area Incentives • Continue negotiations for the development of RAIS, Scheme; particularly in rural and remote Aboriginal and Torres Strait Islander communities;

• Pilot program of Reconciliation Student Forum in • Expansion of Reconciliation Projects in Queensland Brisbane schools; schools on a statewide basis;

• Assisted in the development of community managed • To continue to support community based programs for programs for young people requiring alternative young people; education programs; • Continue collaborative activities with other government departments and community agencies, eg. Petford, Puttama, Piabun;

Achievements in 1996-97 Goals for 1997-98

1996-97 RCIADIC Implementation Report - Part 2 57 • Provided input into a joint project with the Health • To continue to provide input into the development of Department to develop alcohol prevention program kits drug and alcohol prevention programs for Aboriginal at Yarrabah (Bama Yabba Yabba) and at Roma secondary students at Cairns and Roma; (Remember Tomorrow) for Aboriginal Secondary students. Launched and disseminated to appropriate • To continue interdepartmental collaboration on alcohol schools in 1997; and drug prevention programs;

• To support the conduct of the 1998 Croc Eisteddfod Festival (a National Drug Offensive Project)

• Supported the inclusion of Bwgcolman Community • Continue input into the development of curriculum School in the Mind Matters project, a national project materials to be developed in the areas of Life Skills, which supports whole school approaches to mental Grief and Loss, Understanding mental illness and health promotion in pilot schools. bullying and harassment.

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC)

Achievements in 1996-97 Goals for 1997-98

• The appointment of an Indigenous person to the • The expansion of the Aboriginal and Torres Strait position of General Manager, Aboriginal and Torres Strait Islander Support Worker Scheme to all Queensland Islander Policy Unit within the Office of the Director- correctional centres with a significant Aboriginal and General, QCSC; Torres Strait Islander prisoner population;

• The appointment of an Indigenous person to the • The development and introduction of the Aboriginal and position of Senior Adviser, (Aboriginal and Torres Strait Torres Strait Islander Family Violence and Anger Islander) Juvenile Detention Directorate; Management Program;

• The introduction of the Aboriginal and Torres Strait • The introduction of the Ending Offending Aboriginal and Islander Support Worker Scheme as a twelve month pilot Torres Strait Islander Drug and Alcohol Program into all project at Townsville and Sir David Longland Correctional Queensland correctional centres and detention centres Centres; as a Core Program for Indigenous prisoners and detainees; • The expansion of the QCSC State Chaplaincy Board from six to seven members to include an Indigenous • Expansion of the Aboriginal and Torres Strait Islander representative; Elders Visits Program to all Queensland correctional centres with significant numbers of Indigenous prisoners • The introduction of Aboriginal and Torres Strait and juvenile detainees; Islanders Mental Health Workers into Queensland correctional centres and juvenile detention centres; • Introduction of the Mental Health Program , utilising Aboriginal and Torres Strait Islander Mental Health • The support and expansion of the Aboriginal and Workers in Brisbane and Townsville; Torres Strait Islander Elders Visitation Program at all Queensland correctional centres with a significant • Amalgamation of the funding to SEQ correctional number of Aboriginal and Torres Strait Islander prisoners centres for Indigenous art from ATSIC with the QCSC as well as all juvenile detention centres; Cultural Interests Program to implement the Aboriginal and Torres Strait Islander Cultural Interests Program on a statewide basis;

• The installation of video conferencing apparatus at • The establishment of diversion from secure custody northern correctional facilities for inmate family contact; "outstation" facilities at Palm Island and Mount Isa;

Achievements in 1996-97 Goals for 1997-98

1996-97 RCIADIC Implementation Report - Part 2 58 • The establishment of a Ministerial forum between the • The introduction of The Integrated Approach - The QCSC, Queensland Police Service , Indigenous Advisory Philosophy and Directions of Juvenile Detention that will Council and Mr Mick Dodson , Aboriginal and Torres guide and direct both the future planning and current Strait Islander Social Justice Commissioner. administration of juvenile detention programs in Queensland;

• Proposed introduction of staffing structure into juvenile detention centres which will mean more Aboriginal and Torres Strait Islander staff involved in case management in all centres.

DEPARTMENT OF QUEENSLAND HEALTH (HEAL)

Achievements in 1996-97 Goals for 1997-98

• Cabinet endorsed the implementation plan for the • To complete an Indigenous workforce profile which will Queensland Aboriginal and Torres Strait Islander Health inform strategies aimed at assisting Queensland Health Policy. Key result areas include: to reach its EEO employment targets for Aboriginal and - culturally appropriate services provision; Torres Strait Islander people; - across-government coordination; - health service planning and development; • To review Health Worker education and training - acquisition and monitoring of funding; opportunities and develop strategies which ensure - workforce and information planning and accessible, appropriate training; development; • To develop protocols and procedures which ensure all • A Bi-lateral Agreement was signed between the Queensland Health facilities are user-friendly for Commonwealth Government and the State Government Indigenous people; aimed at ensuring coordinated planning for Aboriginal and Torres Strait Islander health services. • To develop and implement strategies which will allow Commonwealth funding of $535,000 was negotiated for Queensland Health to successfully address national planning projects; targets for Indigenous health;

• As part of the Bi-lateral Agreement, a Medicare • To finalise and implement a minimum set of standards Benefits Scheme for rural and remote Aboriginal and for cross cultural awareness training for Queensland Torres Strait Islander communities was negotiated with Health, with a priority being front-line service delivery the Commonwealth. This agreement allows Queensland staff; Health doctors to bulk bill, with the funds generated being returned to District Health Services for Indigenous • To bring in on target and within budget Queensland programs. Upfront Commonwealth funding of $2.5 Health's massive capital works commitment to Aboriginal million was negotiated as part of this agreement; and Torres Strait Islander communities in Cape York and the Torres Strait. • Queensland Health played a lead role in developing national targets for Indigenous health which aims for 50 per cent reduction in Indigenous infant mortality, and a 40 per cent reduction in adult mortality, over the next 10 years;

• Seventeen additional health workers, and three registered nurses, were employed in Central and Western Queensland health districts under a State Government primary health care initiative;

Achievements in 1996-97 Goals for 1997-98

• Strategic health plans were developed for Gulf

1996-97 RCIADIC Implementation Report - Part 2 59 communities of Doomadgee, Mornington Island, Normanton, Weipa, Mapoon, Napranum, Aurukun, Lockhart River, Coen, Pormpuraaw and Kowanyama;

• Inala Community Health Centre increased Aboriginal and Torres Strait Islander consultations by 76 per cent on 1995/96 figures;

• Palm Island Community Health Services introduced regular diabetes clinics, visiting optometrical services and a drug and alcohol service; developed a diabetes database and mental health services, and conducted a hearing education program in schools; • A recruitment strategy resulted in 18 Aboriginal and Torres Strait Islander and candidates from the Cape York and Torres Strait Health Service Districts nominating for the third intake of the Environmental Health Worker Course at Far North Queensland College of Technical and Further Education, to begin in July 1997.

QUEENSLAND POLICE SERVICE (QPS)

Achievements in 1996-97 - Major Projects Goals for 1997-98 - Major Projects

Custody Policies, Procedures & Training Custody Policies, Procedures & Training • Third Watchhouse Manager's Workshop held; • Fourth Watchhouse Managers Workshop programed;

• Part Time Cell Visitors Project commenced; • Expansion of EFTPOS.

• State-wide distribution of revised Cell Visitors, Diversionary Centre Workers and Watchhouses Guide Watchouse Conditions and Standards and Information Kit; • $1.75M allocated to upgrade watchhouses;

• Visiting Nurses in 19 Watchhouses commenced at a • Brisbane Watchhouse construction commenced; cost of $240,000 annually;

• Ongoing development of Polaris computer system; Cross Cultural Training • Report on review of cross cultural training in QPS by • Deputy Commissioner, Executive Director of Operations independent consultants completed; overviews State-wide watchhouse issues; • Ongoing development of Phoenix Project for access to • Introduction of EFTPOS trial. statutes, instructions, distance education and training.

Watchhouse Conditions and Standards Strategic Planning • $1.7M spent on upgrading watchhouse facilities; • Strategic Directions for Policing with Aboriginal and Torres Strait Islander Communities' document completed. • Demolition on new Brisbane Watchhouse site commenced.

Achievements in 1996-97 Goals for 1997-98

Youth Cross Cultural Liaison

1996-97 RCIADIC Implementation Report - Part 2 60 • Aboriginal and Torres Strait Islander Youth Drug and • Aboriginal and Torres Strait Islander Reference Group Alcohol Diversion Project completed; established.

• Introduction of School Based Policing.

Cross Cultural Training Employment • Review of cross cultural training in QPS by • 20 indigenous traineeships offered; independent consultants approved; • Successful 1996/97 traineeship program graduates • State-wide distribution of a Cross Cultural Education for commence police recruit training; Police Working in Aboriginal and Torres Strait Islander Communities' training package; • PLO training course upgraded;

• National Cross Cultural Awareness Trainers Workshop • PLO Steering Committee continue to oversee for police held in Brisbane in September 1996; implementation of approved recommendations re PLO Scheme; • Ongoing development of Phoenix Project for access to statutes, instructions, distance education and training. Aboriginal and Torres Strait Islander Community Police • Consultation commenced on the 86 recommendations Strategic Planning in the Review of Policing on Remote Aboriginal and • Strategic Directions for Policing with Aboriginal and Torres Strait Islander Communities' Report. Torres Strait Islander Communities' draft completed. Policing Needs in Torres Straits • Review of Policing Needs in Torres Straits Report completed.

Cross Cultural Liaison Cross Cultural Liaison • Cultural Advisory Unit transferred to the Office of the • Cross Cultural Liaison Officers Workshop programed. Commissioner; Review of QPS Implementation fo RCIADIC • Formal Role and Funtions of the Cultural Advisory Unit Recommendations established; • Review report by Commissioners' Inspectorate completed. • Aboriginal and Torres Strait Islander I Police Forums re-commenced in Brisbane; Review of QPS (Bingham Report) • Commissioner's representative attends Islander Co- • Chapter 8 Bingham Report recommendations actioned. ordinating Council and Aboriginal Co-ordinating Council meetings; Youth • Expansion of School Based Policing. • Mr Neville T Bonner, AO, as Chair of the Indigenous Advisory Council, appointed honorary adviser to the QPS.

Employment • Commenced implementation of the 'Equal Employment Opportunity (EEO) Management Plan 1996-2000';

• Commenced implementation of the 'Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy 1996-2000';

Achievements in 1996-97 Goals for 1997-98

1996-97 RCIADIC Implementation Report - Part 2 61 • 20 indigenous traineeships established;

• Established positions of Aboriginal and Torres Strait Islander PLOs increased to 102;

• PLO standard position description adopted.

QUEENSLAND TRANSPORT (TRAN) AND THE DEPARTMENT OF MAIN ROADS (MR)

Achievements in 1996-97 Goals for 1997-98

• Increased assistance to Aboriginal and Torres Strait • Continued improvement in transport infrastructure and Islander communities through improvement to road and services for Aboriginal and Torres Strait Islander air access for those communities; communities;

• Improved consultation and communication with • Enhanced departmental service delivery to Aboriginal Aboriginal and Torres Strait Islander people and and Torres Strait Islander communities and individuals; communities on a wide range of transport issues, including: need for and impact of improved access • Aboriginal and Torres Strait Islander people working at services; training and skills development; and education all levels and occupations in the Departments consistent programs; with other employees with similar qualifications and experience; • Continuing implementation of the Departments' Aboriginal and Torres Strait Islander Employment and • Continuing encouragement for Aboriginal and Torres Career Development Strategy, including marketing, Strait Islander employees to identify themselves to recruitment, career development and cross-cultural enable issues such as employment retention and career awareness activities. development requirements to be addressed.

1996-97 RCIADIC Implementation Report - Part 2 62 i oie Sol'Al'ISTICAL PROFILES

DEPARTMENTAL OF FAMILES , YOUTH AND COMMUNITY CARE (FYCC)

YOUTH PROGRAM-JUVENILE JUSTICE

Number of distinct Indigenous young people on juvenile justice orders as at 31 December 1997 was 685 (35%). This included the following breakdown:

Probation Orders 545 (34%) Community Service Orders 310 (38%) Immediate Release Orders 27 (59%) Detention Orders 87 (59%)

NBA young person can be counted more than once if they were subject to more than one type of order on the date specified.

In 1996/97 Indigenous young people accounted for 33% of all finalised court appearances involving children.

1996-97 RCIADIC Implementation Report - Part 3 63 EDUCATION QUEENSLAND (EQ)

Table 1

Remote Area Teacher Education Program 1997

SITES I TYPE OF COU RSE TAFE BACHELOR OF EDUCATION STUDENT NUMBERS STUDENT NUMBERS

AURUKUN 1 5 X FULL-TIME BAMAGA

CAIRNS 5 X FULL-TIME 4 3 X PART-TIME

CUNNAMULLA DAJARRA 3 2 DOOMADGEE 5

LOCKHART RIVER

MT ISA NAPRANUM 4 X PART-TIME 3

NORMANTON I X FULL-TIME 3 1 X PART-TIME

PALM ISLAND 7 THURSDAY ISLAND 5

WOORABINDA

WUJAL WUJAL YARRABAH 4 14

TOTAL 1 110 1 28

1996-97 RCIADIC Implementation Report - Part 3 64 QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC)

OFFICE OF THE DIRECTOR-GENERAL

DEATHS IN CUSTODY BY APPARENT CAUSE OF DEATH

YEAR SUICIDE MURDER/ NATURAL MISADVEN- UNKNOWN TOTAL HOMICIDE CAUSES TURE/ OTHER ACCIDENT

ATSI Other ATSI Other ATSI Other ATSI Other ATSI Other ATSI Other

88/89 1 1 1 2 1 6 89/90 2 6 1 1 3 9

90/91 1 1 2 3 91192 4 1 2 2 9

92/93 2 3 1 2 4 93/94 5 2 2 2 3 9

94/95 2 5 3 2 10

95196 3 5 3 7 96/97 2 4 2 2 2 4 9

1996-97 RCIADIC Implementation Report - Part 3 65 QUEENSLAN D HEALTH (HEAL)

Inpatient Episodes of Care for Attempted suicide or self-inflicted Injuries & poisoning , Aboriginal and Torres Strait Islander, Queensland 1996/97

Age in 5 year Males Females Total groups (65+)

0-4 years 0 0 5-9 years 1 0 1

10-14 years 2 5 7 15-19 years 19 23 42 20-24 years 32 34 66 25-29 years 27 17 44

30-34 years 11 18 29 35-39 years 17 9 26

40-44 years 5 9 14

45-49 years 4 8 12 50-54 years 0 1 1

55-59 years 0 0 0

60-64 years 0 0 0

65 + years 0 1 1

Grand Total 118 125 243

Source: Health Information Centre, Queensland Health (1997).

1996-97 RCIADIC Implementation Report - Part 3 66 Inpatient Episodes of Care For Attempted suicide or self -inflicted Injuries & poisoning Non-Aboriginal and Torres Strait Islander , Queensland 1996/97

Age in 5 year Males Females Total groups (65+) 0-4 years 01 1 5-9 years 01 0 10-14 years 20 62 82

15-19 years 165 352 517 20-24 years 294 320 614

25-29 years 303 363 666 30-34 years 278 306 584

35-39 years 217 276 493 40-44 years 171 230 401

45-49 years 142 178 320 50-54 years 92 97 189 55-59 years 82 52 134

60-64 years 24 22 46 65 + years 76 64 140 GrandTotal 1865 2322 4187

Source: Health Information Centre, Queensland Health (1997)

1996-97 RCIADIC Implementation Report - Part 3 67 QUEENSLAND POLICE SERVICE (QPS)

DEATHS IN POLICE CUSTODY

M/F YEAR DEATH PLACE OF DEATH QPS CAUSE OF AB/NON AB /QCSC DEATH

Male 1989 .12/8/89 Mackay Watchhouse Police Sell inflicted Male 1990 6/4/90 Southport Watchhouse Police Natural causes

Male 1990 2615190 Rockhampton Police Self inflicted Watchhouse

Male 1990 25/4/90 Cairns Watchhouse Police Drunkenness Male 1990 17/10/90 Townsville General Police Head Injury Aboriginal Hospital

Female 1991 14/11/91 Townsville General Police Head Injury Aboriginal Hospital

Male 1991 7/3/91 Sandford Street, St Lucia Police Suicide by shooting Male 1991 20/3/91 Bundaberg Watchhouse Police Natural causes

Male 1991 2/5/91 Rockhampton Police Natural causes Aboriginal Watchhouse

Male 1991 17/2/91 Lanyana Way, Noosa Police Shot by Police Junction

Male 1991 14/11/91 Southport Watchhouse Police Natural causes Male 1992 6/2/92 Brisbane Watchhouse Police Inhalation of Vomit

Male 1992 3/5/92 Royal Brisbane Hospital Police Self inflicted (poison)

Female 1992 25/5/92 Royal Brisbane Hospital Police Cardiac arrest Aboriginal Male 1992 2013/92 Ipswich General Hospital Police Alcoholism

Male 1992 12/11/92 Ross Creek, Townsville Police Drowned escaping Aborigiinal apprehension

Male 1993 9/1/93 Emerald Hospital Police MN accident during pursuit

Male 1993 7/11/93 Royal Brisbane Hospital Police Heart Failure Aboriginal

Male 1993 6/5/93 Dysart Rodeo Grounds Police Suicide by shooting Male 1993 28/10/93 Cairns Watchhouse Police Fractured skull

Male 1993 22/10/93 Coleridge Crt, Nerang Police Suicide By explosives

Male 1 1994 1 23/5/94 Bruce Highway, Kybong Police MN accident during pursuit

1996-97 RCIADIC Implementation Report - Part 3 68 M/F YEAR DEATH PLACE OF DEATH QPS CAUSE OF AB/NON AB /QCSC DEATH

Female 1994 15/12/94 Southport, Watchhouse Police Drug overdose

Male 1994 14/3/94 Wickham St, Fortitude Police Self inflicted Valley

Male 1994 5/6/94 Royal Brisbane Hospital Police Injuries following pursuit/crash Male 1995 19/11/95 Mackay Watch House Police Natural Causes Male 1995 15/4/95 Ravenshoe Police Gunshot wound Male 1995 20/12/95 Toowoomba Police Shot himself in the head Male 1995 17/11/95 Binna Burra Road, Binna Police Drove vehicle off Burra cliff

Male 1996 10/5/96 Yandina Police MN accident during pursuit

Male 1996 9/3/96 Kinwin, Townsville Police Passenger MN Aboriginal accident-pursuit Male 1996 12/10/96 Holland Park Watch Police Natural Causes House

Male 1996 11/11/96 Maroochydore Watch Police House

1996-97 RCIADIC Implementation Report - Part 3 69 QUEENSLAND POLICE SERVICE (QPS)

ABORIGINAL & TORRES STRAIT ISLANDER DEATHS IN CUSTODY IN QUEENSLAND 1989 - 1996

Deaths Attributed to: Average Age = 26 years Queensland Corrective Services 16 Males (Deaths) 22 Commission Queensland Police Services 9 Females (Deaths) 3 TOTAL 25 TOTAL 25

Queensland Corrective Services Number of Queensland Police Service Number of Commission Deaths Deaths CAUSE CAUSE

Hanging 13 Hanging

Heart Attack 2 Heart Attack Head Injury 0 Head Injury 2 Heart Disease 0 Heart Disease

Alcoholism 0 Alcoholism Car Crash 0 Car Crash

Drowning 0 Drowning

Epilepsy 0 Epilepsy Stabbing 1 Stabbing 0 TOTAL 1 16 11 TOTAL 9

1996-97 RCIADIC Implementation Report - Part 3 70 Aboriginal Women and Families ^^ll ^ A ^%l 1,1 P), Ili C

Part 4: Aboriginal Women and Families

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE

PROGRAM DEVELOPMENT BRANCH (OATSIA) Counselling Service The Department received a one-off grant of $500,000 from the Aboriginal and Torres Strait Islander Commission in 1994 to enable the Department to administer and develop the Family Counselling and Support Program. Through this Program OATSIA, in conjunction with broker agencies in Brisbane , Rockhampton, Townsville and Cairns, has continued to provide counselling services and limited financial assistance to the families and kin of Aboriginal and Torres Strait Islander people who die in custody (R.5).

The principal objectives of the Program are to provide support to families and individuals suffering grief or trauma from the loss of a family member through a death in custody and to provide each family with information on reports and other findings surrounding the death.

The Program allocated $310,000 in grants to community organisations during 1996/97 and, in response to the findings of a Program review, the guidelines were modified to streamline the provision of financial assistance to families.

The Legal Recognition of Torres Strait Islander Traditional Adoption Torres Strait Islander people have made representations to the Queensland Government for over ten years to have their traditional adoption practices legally recognised. Torres Strait Islanders have identified the main problems as birth certificates not being amended for traditionally adopted children, difficulties in resolving disputes over inheritance, and disputes over the custody of adopted children. (R.68)

OATSIA has consulted with Torres Strait Islander people and relevant government agencies to address these problems. Meetings have been held with the Adoptions Section of the Department, the Department of Justice, Crown Law Office, the Registrar General, the Office of Women's Affairs, the Public Trustee and the Family Court of Australia. OATSIA raised the issue with the Directors -General Steering Committee on Indigenous Women and a Working Group was established by the Committee to monitor developments.

In April 1997, the Department provided $48,750 for a three-day Traditional Adoption Workshop in Townsville. Over 100 Torres Strait Islander community representatives from around Australia attended. The Workshop was the first occasion that Torres Strait Islanders, government representatives and members of the Family Court had met exclusively to discuss Torres Strait Islander traditional adoption.

1996-97 RCIADIC Implementation Report - Part 4 71 A Traditional Adoption Working Party, consisting of Torres Strait Islander representatives from each Island group , has been working closely with OATSIA on the issues discussed at the Workshop. A further $30,000 was allocated by OATSIA for the Working Party to consult with over 20 Torres Strait Islander communities about the issues.

Further work is being undertaken by the Department to investigate the options of amending existing legislation or creating new legislation to recognise traditional adoption.

Stolen Children The Office coordinated the development of the Queensland Government Submission to the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children From Their Families and, with Crown Law, coordinated the appearance of senior government officers before Inquiry Commissioners in Brisbane in June 1996.

Indigenous Women's Steering Committee The Office has worked with the Directors-General Steering Committee for Indigenous Women to address issues of concern that have been raised by Indigenous women. In particular, the Office attended several meetings of the Steering Committee's Working Group to address the specific issues of the legal recognition of Torres Strait Islander adoption and the recording of Indigenous Homelands on birth certificates.

Aboriginal and Torres Strait Islander Women's Legal and Advocacy Service In 1996/97, the Office continued to provide advice and assistance on a range of matters to support the formation of the Aboriginal and Torres Strait Islander Women 's Legal and Advocacy Service (ATSIWLAS). The Service, which will provide legal services to women throughout south Queensland , was launched on 10 September 1997. The Office of Aboriginal and Torres Strait Islander Affairs has indicated its support for this important initiative through a grant of $81,000 to ATSIWLAS in September 1997 under the Local Justice Initiatives Program. The objective of the grant is to help Indigenous women in southern Queensland improve their knowledge and understanding of the legal system . A training officer will be employed to develop and implement a training package for Indigenous community representatives.

COMMUNITY FUNDING AND SUPPORT BRANCH Women and Families The Department is the lead agency on domestic violence. In this role, the Department is developing an across-Government "Statement of Future Directions for Responding to Domestic Violence in Queensland". Issues for Aboriginal and Torres Strait Islander people were addressed separately in the following areas: Addressing the Needs of Survivors, Preventing Domestic Violence and Coordination and Collaboration.

In developing the "Statement for Future Directions", the Domestic Violence Prevention Unit undertook three major pieces of research. These were the Legislative Options for Non-Spousal Domestic Violence; a Clients Needs Survey, and an Assessment of the Effectiveness of the Domestic Violence (Family Protection) Act 1989 in protecting Aboriginal and Torres Strait Islander people.

This resulted in the development of a number of options to extend coverage of the Act to include other family members (as well as spouses). This issue has been raised consistently, particularly by Aboriginal people, as necessary to make the legislation more culturally relevant.

1996-97 RCIADIC Implementation Report - Part 4 72 An Assessment of the Effectiveness of the Domestic Violence (Family Protection) Act 1989 for Aboriginal and Torres Strait Islander people resulted in a report, "An Act for Everyone," with a number of key recommendations to develop mechanisms to: • improve Aboriginal and Torres Strait Islander people's knowledge of the Act; • enhance Aboriginal and Torres Strait Islander people's access to culturally appropriate support services; • reduce cultural barriers to the use of Protection Orders by Aboriginal and Torres Strait Islander people; • reduce the incidence of domestic violence in their communities.

The report has been approved for release and will be released shortly.

The "Statement for Future Directions" will be developed in conjunction with the review of the legislation and the development of national model laws. There will be further consultations with Aboriginal and Torres Strait Islander women on the review of the legislation. This statement will inform the policies and practices of the Department of Justice, the Queensland Police Service and Queensland Corrective Services Commission as well as the Department of Families, Youth and Community Care.

The Department also funds 57 domestic violence services, including 12 supported accommodation services (refuges and safe houses) sponsored by Aboriginal and Torres Strait Islander organisations.

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC)

Women The Brisbane Aboriginal and Torres Strait Islander Community Health Services provide weekly sessions at Brisbane Womens Correctional Centre and the Townsville Aboriginal and Torres Strait Islander Community Health Centre provide weekly sessions at Townsville Womens' Correctional Centre (R.152).

Brisbane Womens' Correctional Centre employs an Aboriginal person to conduct art classes and self- development classes for Indigenous inmates. Brisbane Womens' Correctional Centre also provides a specific domestic violence counselling service for Aboriginal women.(R.183)

The Family Support Program for Indigenous inmates impacts on the Brisbane Women's Correctional Centre and the women's section of the Townsville Correctional Centre. As a result of the program, Brisbane Women's Correctional Centre has an Indigenous Family Support Counsellor for two days each week. Townsville Women's section benefit from the employment of a full-time Indigenous Family Support Counsellor for Townsville Correctional Centre (R.170, R.171, R,174, R.178).

1996-97 RCIADIC Implementation Report - Part 4 73 Aboriginal Society Part 4b: Aboriginal Society Today (R.48-R.57)

DEPARTMENT OF ENVIRONMENT (DoE) Two project officers have been appointed in the Department's Far Northern Regional Office with the primary role of liaising with Indigenous people and organisations regarding their needs and aspirations in relation to environmental conservation management (R.48).

Liaison occurs between Far Northern Regional staff and ATSIC, the Cape York Land Council (Balkanu) and the North Queensland Land Council on an as required basis (R.48).

The Wet Tropics Management Authority is required under the Wet Tropics World Heritage Protection and Management Act 1993 to "liaise, and cooperate with, Aboriginal people particularly concerned with land in the Wet Tropics Area". The Authority is currently developing a protocols policy, in conjunction with Bama Wabu , the rainforest Aboriginal representative body, and with the assistance of ATSIC and regional Land Councils (R.48).

The Authority contributed $15,000 towards Bama Wabu's Wet Tropics Summit, an Aboriginal forum to discuss the management of the Wet Tropics World Heritage Area. The Authority also provided $5,000 for a Bama Wabu Project Officer (R.48).

The Authority is conducting an 18 month Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area, which is overseen by an Aboriginal steering committee and the rainforest Aboriginal representative body, Bama Wabu, with assistance from ATSIC and regional land councils . This project has expended $70,000 to date (R.48),

Current administrative procedures for the processing of permit applications and issuing of permits under Sections 27 and 28 of the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 require evidence of consultation with, or the consent of, relevant Indigenous people (R.51).

The Department's Far Northern Regional Office is in the process of developing a Memorandum of Understanding with the Bama Wabu of the Wet Tropics World Heritage Area regarding the involvement of Aboriginal traditional owners in the assessment and issuing of permits for scientific research and commercial activity under the Nature Conservation Act 1992. Bama Wabu was involved in negotiating this process, which also includes direct involvement in cultural heritage protection and recognition of traditional ownership and intellectual property . The principles outlined in the draft MOU are being trialed using Bamanga Bubu Ngadimunku's current Commercial Activities Permit application (R.51).

The Indigenous Fisheries Management Survey is currently working in collaboration with the Department 's Far Northern Regional Office , the Department of Primary Industries , Fisheries and

Forestry (DPIFF) and the Cape York Land Council (Balkanu) to develop policies and a survey methodology to enable Indigenous communities to conduct their own research into fisheries management (R.51).

1996-97 RCIADIC Implementation Report - Part 4 74 The Wet Tropics Management Authority is jointly funding, with the James Cook University, research into "Vegetation Change and Fire in Kuku Yalanji Country: Implications for Management of the Wet Tropics of Queensland World Heritage Area". The funding contributions to employ traditional owners as research assistants has been $4000 for 1996/1997 (R.51).

The collaborative four year project has been developed with Kuku Yalanji people, and is strengthening the processes of cultural renewal and cultural revival by: • employing traditional owners as Research Assistants; • recording customary knowledge, including plant names, fire practices and some stories; • influencing contemporary government land management policy; • providing evidence for land claims; and • educating the younger Kuku Yalanji people about the importance of land management and the significance of cultural knowledge (R.51a).

The Kuku Yalanji people have the intellectual , cultural and spiritual property rights of the project , and control the project through a Fire Study Reference Group. The Fire Reference Group is made up of people from Mossman Gorge, Shipton's Flat, Cowie Bay, Cedar Bay, China Camp, the Wujal Wujal Community Council, Bamanga Bubu Ngadimunku , the Yalanji Land Claim Committee , the Cape York Land Council and Bama Wabu . The Group oversees the conduct of the research, approves any release of cultural data obtained by the project and provides feedback and direction . The Group decides (amongst other matters) if, what and how information will be released for their people 's benefit. The Group released cultural data at the International World Heritage Tropical Forests Conference in September 1996 (R.51 b).

Information for the Kuku Yalanji research is being recorded orally, on maps and in photographs. Information is stored in a Kuku Yalanji 'keeping place', with copies distributed to Kuku Yalanji custodians responsible for environmental knowledge. Project newsletters are circulated every three months to Kuku Yalanji communities in the Wet Tropics World Heritage Area (R.51 c).

The research project is acting as a catalyst for Kuku Yalanji community discussion on the possible renomination of the Area as a cultural World Heritage site. There is also a proposed 'Fire Protocol' that could be used when the Queensland National Parks and Wildlife Service carries out burning in the Daintree National Park, as follows:

Wet Tropics World Heritage Area Fire Protocol • Identification of Appropriate People: custodial relationships of people with country are established through a study under Kuku Yalanji control. • Establishment of Collaborative Team: between Kuku Yalanji custodians and Wet Tropics World Heritage Area (WTWHA) Managers. • Documentation of Cultural Values: under Kuku Yalanji control. o Documentation of Natural Values: under control of the collaborative team. • Research program : to augment knowledge of both natural and cultural heritage. • Development of Fire Plan: negotiated to recognise both Kuku Yalanji and WTWHA Managers desired outcomes; agreement of both groups that Plan meets respective legal obligations required. • Implementation of Fire Plan: likely to mean that Kuku Yalanji are physically involved in lighting fires. Evaluation : ongoing monitoring ; likely to involve Kuku Yalanji in visiting burnt sites to record data (R.51d).

1996-97 RCIADIC Implementation Report - Part 4 75 The Education and Marketing Services Branch is responsible for the redevelopment of the Department of Environment's web site. Part of the web site will include information about cultural heritage issues including Aboriginal and Torres Strait Islander culture. This information will be available to a global community, 24 hours a day, seven days a week.

The Branch also has involvement in preparing graphic materials for the Departmental display at NAIDOC week celebrations (R.56).

A primary goal of the Cultural Heritage Branch is the enactment and implementation of a legislative framework for the recognition and protection of places of cultural heritage significance to Aboriginal and Torres Strait Islander people (R.56).

In the 1996-1997 financial year, grants were made under the Queensland Heritage Grants Program, the Queensland Community History Grants Program and the Queensland Community History (Indigenous Heritage) Grants Program, which are administered by the Department, to 23 Aboriginal and Torres Strait Islander organisations. The Queensland Community History (Indigenous Heritage) Grants Program was first advertised in November 1996 for projects supported by individuals or groups of Aboriginal or Torres Strait Islander descent or association. The objective of the Program is to encourage Indigenous people and communities to research and document the history of the relationships between people and places, and thereby to increase the understanding of the Indigenous history of Queensland. Funding from the three Grants Programs amounted to $225,428 for projects such as research into the genealogical history of the Turrbal people of Brisbane, including education of the general public about their history and culture; the erection of wooden fences and interpretive signs for three sites of significance to Aboriginal people in the Kirrama Range; and the production of a booklet documenting the cultural heritage values of the Aboriginal communities within the Shires of Bendemere and Warroo (R.56).

A community-based site recording program has been undertaken between Cultural Heritage staff of the Department's South western Regional Office and the Gunggari people at Mitchell . This project is aimed at establishing site recording procedures for community implementation , use and extension (R.56).

The South Western Regional Office has assisted in establishing a management plan for Aboriginal wells on the Barwon Highway at Weengallen. The implementation of the plan, including custodianship, is currently being explored, and a proposal has been presented to Kamilaroi representatives.

Assistance was provided by staff of Central Coast Region to the Darumbal people in developing a successful application for a Coastcare grant for a cultural sites survey of islands in the Shoalwater Bay area (R.56).

There has been continued involvement between Central Coast Regional staff, Aboriginal people and the Central Queensland University in developing a cultural resource management module for the University (R.56).

The Cultural Heritage subprogram in Northern Region co-ordinated the establishment of a Reference Group in the Mt Isa area to oversee a project entitled "Mt Isa Aboriginal Cultural Heritage Study". This project aims to compile all known data on Aboriginal cultural heritage places, and to devise a strategy that allows conservation of significant places (R.56). This project received $40,000 funding through the Department's Queensland Community History (Indigenous Heritage) Grants Program.

1996-97 RCIADIC Implementation Report - Part 4 76 Further site documentation has been undertaken and conservation options developed for cultural heritage places in the northwest of the State with the Waanyi Advisory Committee . Funding has been provided to the Committee to arrange site work, including payment to the Elders (R.56).

The Barron Gorge National Park mural was completed in close co -operation between staff of the Department's Far Northern Regional Office and the Djabugay people . The mural, depicting the Aboriginal creation story of Barron Falls, was erected at the Barron Falls lookout during 1997 to provide non-Aboriginal people with an understanding of Aboriginal history, traditions and contemporary culture (R.56).

A public information display was set up at this year's Laura Dance Festival (R.56).

Communications skills training was provided by the Department's Far Northern Region to staff and rangers at the Menmuny Museum at Yarrabah . Technical support was also provided for the development of a whale /marine display (R.56).

Training in communications skills and guided walks was also provided by the Department's Far Northern Region to the Girringun Elders Reference Group at Cardwell (R.56).

Several Coastcare projects in the Far Northern Region involve recording traditional knowledge of flora and the propagation of native bush tucker and medicine plants , and the sharing of this knowledge with the wider community. These projects are based at Hopevale community , Innisfail, Umagico , Mornington Island , Yarrabah and several Torres Strait Island communities including Thursday Island and Mer (R.56).

There was a visit during the year by the Channel 10 program, "Totally Wild," to Yarrabah to show the culture of this large Aboriginal community to a wider national audience (R.56).

The Wet Tropics Management Authority is required under the Wet Tropics World Heritage Protection and Management Act 1993 to "have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the Wet Tropics Area" (R.56).

The Authority recognises the opportunities to assist rainforest Aboriginal people with funding and resources to record and present their history and culture . Specific initiatives include: • The Daintree Rescue Program (DRP) employs an Aboriginal Cultural Heritage Officer to act as a liaison between the WTMA, the local community and government agencies. This officer is responsible for organising cultural surveys, talking with school groups , landholders and tourists, and for cultivating an understanding of cultural issues in the Mossman Gorge and Daintree National Parks. • The DRP has developed a Visitor Information Strategy that includes the protection of cultural and intellectual property rights. The DRP is in the process of engaging consultants to prepare visitor interpretation/education. It is expected that a separate contract will be let to the Kuku Yalanji community to research and coordinate local Aboriginal aspirations in regard to visitor information. • There are discussions underway between the Authority, traditional owners and government land management agencies, regarding walking tracks in the Wet Tropics World Heritage Area. These discussions involve the Djabugay in relation to Barron Gorge; the Girramay in relation to Murray Falls; and the Kuku Yalanji in relation to Mossman (R.56).

1996-97 RCIADIC Implementation Report - Part 4 77 DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC) Information Planning and Review In keeping with recommendation 48, OATSIA's planned social indicator project will incorporate the informed views of Indigenous people in the development, interpretation and use of the indicators, to ensure that they adequately reflect Indigenous perceptions and aspirations. (R.48)

Families Program New child protection legislation, the Children and Families Bill, is currently before the Queensland Parliament. The intent of the Child Placement Principle has been incorporated into this new legislation, and the administration of the legislation in relation to Aboriginal and Torres Strait Islander children and families is governed by specific provisions which recognise the need for Departmental consultation with appropriate Aboriginal agencies and Torres Strait Islander agencies. (R.54)

The policy document which sets out the Aboriginal and Torres Strait Islander Child Placement Principle in detail will be updated in 1998 and jointly approved by Aboriginal and Islander Child Care Agencies and the Department of Families, Youth and Community Care. Staff will undertake advanced training in working with Aboriginal and Torres Strait Islander children and families.

One of the key strategic goals of the Department of Families, Youth and Community Care is to address the over representation of Aboriginal and Torres Strait Islander children on orders. Targeted strategies in each region continued to focus on improving child protection practice within Indigenous families. (R.62)

The Department works jointly with Aboriginal and Islander Child Care Agencies and other Indigenous community organisations to devise and monitor these strategies.

In addition, it is proposed that a Statement of Standards for Aboriginal and Torres Strait Islander Child Protection be developed which reflects the recommendations of the Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families.

Information Services : Communities and Personal Histories In the spirit of recommendations R.51, R.52, R.53, and R.56, a Community and Personal Histories Section was established within the Department in 1992. The primary functions of the section include accessing and extracting information from historical Departmental records relating to Aboriginal and Torres Strait Islander peoples. The Section is responsible for listing and indexing these records and ensuring their long-term preservation.

Since the transfer of the Community and Personal Histories Section, from the Office of Aboriginal and Torres Strait Islander Affairs to the Information Management Program, in 1995, the Section has increased its staff from 4 to 10, including an officer who is permanently located at the Queensland State Archives. The majority of Community and Personal Histories staff, including the manager, are Indigenous people.

Since the Section was established, 2,241 Aboriginal and Torres Strait Islander peoples have sought access to Departmental records to try and re-establish family and community links or to document their history. During 1996-97, 541 Aboriginal and Torres Strait Islander peoples were provided with information.

1996-97 RCIADIC Implementation Report - Part 4 78 The majority of clients seek information about family members because of the separation of families under past government policies, and due to the need to ascertain family and locality relationships. Departmental records are also used for clients who are unable to obtain a birth certificate from the Registrar-General's office. Due to government policy, few Aboriginal and Torres Strait Islander births prior to 1935 were registered.

Community and Personal Histories has implemented its Access Policy with support from the community. The policy allows reasonable access to the Department's historical records relating to Aboriginal and Torres Strait Islander peoples whilst maintaining individual people's privacy and confidentiality. (R.53).

On receiving access to records, clients are informed that they may make written comments about any information on the records that they believe to be incorrect or misleading. These comments are then attached to the relevant record, ensuring future generations are aware of any inaccuracies or concerns raised by other family members. (R.53, R.56).

The Section continues to maintain a close working relationship with Link-Up, providing staff training and access to records to assist Link-Up clients to be re-united with family and community. (R.52).

Community and Personal Histories continues to be actively involved in NAIDOC week and other community events, at which it promotes the services of the unit. In addition, information sessions are held in the community and within the Department to acquaint people with the range of information which is available, and with how it can be accessed. Increasingly, the Community and Personal Histories workshops are being utilised by tertiary institutions as a means of not only making students aware of the service the Section provides, but also as a teaching tool to inform them of Queensland's Indigenous history in relation to government legislation and policies.

The Section, in conjunction with the Office of Aboriginal and Torres Strait Islander Affairs, also jointly manages the Community and Personal Histories Grants Program. This program has been implemented to provide funds to assist Aboriginal and Torres Strait Islander peoples to reconstruct their own, their family's or their community's history, to give their own account of the past, and to facilitate research which benefits Indigenous people. During 1996-97, 32 organisations or individuals were funded for this purpose. (R.51, R.52, R.56).

During 1997-98, the Section will continue to improve response times to requests from clients, to index series of records at the Queensland State Archives, and will launch Volume Two of the Records Guide - A Guide to Queensland Government Records relating to Aboriginal and Torres Strait Islander people.

DEPARTMENT OF JUSTICE (JUS) Over the financial year 1996 -97, the Department of Justice (JUS) continued its implementation of the recommendations impacting on its responsibilities.

Administrative Developments JUS has a policy supporting the recruitment of Aboriginal and Torres Strait Islander people, particularly within the Department's Courts Division. This specific employment strategy was contained in the Department's policy and procedure entitled "Aboriginal and Torres Strait Islander Training Employment". The objectives of this policy and procedure are to: • induct and train Aboriginal and Torres Strait Islanders in a variety of jobs and skills within the department; • develop and implement a viable Aboriginal and Torres Strait Islander trainee employment strategy in sustainable programs;

1996-97 RCIADIC Implementation Report - Part 4 79 provide trainee support, work group nurturing and mentoring assistance; link training to ongoing employment opportunities in jobs within the Department.

JUS continued its commitment to the implementation of the policy during the financial year 1996-97. Ten employees successfully completed the traineeship and were appointed to permanent positions. There were 27 Aboriginal and Torres Strait Islander employees in JUS as at 30 June 1997. Several cross-cultural awareness programs have been held within the Courts Division to increase the awareness of staff in dealing with Aboriginal and Torres Strait Islanders and non-English speaking clients. Eighty-two Departmental officers have attended these programs.

The Aboriginal and Torres Strait Islander Dispute Mediation Project run by the Alternative Dispute Resolution Branch within JUS continued to focus on the provision of training and conflict resolution services in small and community-wide disputes.

Justices of the Peace training was completed in the remote communities of Mornington Island, Napranum and Doomadgee. In all, 190 people have been trained in Aboriginal and Torres Strait Islander Communities throughout Queensland, with 112 people appointed as Justices of the Peace (Mag Ct). Refresher training was also provided to the communities of Kowanyama and Thursday Island.

The Department is also involved in the steering committee of the Local Justices Initiatives Program coordinated by the Department of Families, Youth and Community Care (as it is now known). The local justice initiatives program aims to support Aboriginal and Torres Strait Islander Communities to implement initiatives aimed at maximising community participation in the criminal justice system and the delivery of a more culturally-appropriate system of justice.

Legislative Developments During this period, the Attorney-General introduced the Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Bill 1997 which was subsequently passed by Parliament. This Act adds a refinement to Chapter 58A of the Criminal Code. Chapter 58A is concerned with the summary determination of indictable offences. The power to determine indictable offences summarily was limited to magistrates because the maximum penalty which could be imposed would be three years' imprisonment, or 100 penalty units - presently $7,500. Under the Justice Act 1986, a magistrates court can be constituted by two Justices of the Peace but only in a place to which a Clerk of the Court has been appointed.

As a result of recent amendment to the Justices Act 1986, if a Clerk of the Court is appointed to a place, he or she can exercise the powers of a magistrate and make the same orders as a magistrate, if the parties consent to the exercise of that power.

The Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Act 1997 will enable a court consisting of a Clerk of the Court and one other Justice of the Peace, or consisting of two Justices of the Peace, to be convened in Aboriginal and remote communities where it is not practical for the Clerk of the Court to decide a matter alone or if the defendant does not consent to his or her doing so.

At present, in remote areas which have only a police clerk of the court, the police clerk of the court cannot decide such matters, even with consent; indeed, he or she is often likely to be the arresting officer. Justices of the Peace, therefore,

1996-97 RCIADIC Implementation Report - Part 4 80 have to adjourn such cases to a place where a magistrate or clerk of the court can hear it. This may mean that a person is remanded in custody or granted bail and the determination of the matter is delayed This Bill will enable a court consisting of two Justices of the Peace to be convened. The delays caused by adjournment and remand to another place will be avoided. One of the most significant benefits will be that Aboriginies will not, where detention is necessary, have that detention extended unnecessarily by such adjournments.

Review of Coroners Act 1958 JUS has continued its review of the Coroners Act 1958. In this review, the proposal for the establishment of an Office of State Coroner is being considered. This Office would co-ordinate all coronial activities in Queensland . Some of those activities would include: • monitoring the investigation of reportable deaths; issuing guidelines to coroners (which are developed in regard to cultural considerations); • ensuring that an inquest is held whenever there is a duty to do so under the Act or wherever it is desirable to do so; and • overseeing educational programs.

DEPARTMENT OF NATURAL RESOURCES (DNR) Representation of Aboriginal and Torres Strait Islander people on various councils/committees is increasing (R.48).

DEPARTMENT OF TOURISM, SMALL BUSINESS AND INDUSTRY (TSBI)

Under the legislative framework of the Liquor Act 1992, TSBI Liquor Licensing Division works with Aboriginal and Torres Strait Islander Communities to implement the requirements of the Act. A consultation guide highlighting cultural issues has been developed with the assistance of relevant parties to assist regional Licensing Officers liaise with Indigenous communities in relation to matters pertaining to liquor -related problems and licensing arrangements.

TSBI continues to fund the development and implementation of specific projects which foster economic independence for Aboriginal and Torres Strait Islander communities . These are developed and monitored in conjunciton with relevant agencies including ATSIC and Department of Families , Youth and Community Care to explore key issues and areas of mutual cooperation.

DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS (DTIR) Nagi Binanga , the standing committee which advises the Vocational Education , Training and Employment Commission on training issues impacting on the State's Indigenous people, conduct their quarterly meetings in regional centres , as well as in remote Aboriginal and Torres Strait Islander communities.

Officers from DTIR's Aboriginal and Torres Strait Islander Employment Unit continue to attend Aboriginal Employment Development Policy (AEDP) meetings at Local, Level 2, Level 1 and State levels.

Nagi Binanga convened its first annual Industry Training Advisory Bodies (ITAB) Networking Forum in February 1997. ITABs are a key source of advice to the Vocational Education, Training and Employment Commission on training issues within their respective industries. The aim of the Forum is to strengthen networking links and advise on training needs and

1996-97 RCIADIC Implementation Report - Part 4 81 issues which impact on Aboriginal and Torres Strait Islander peoples in Queensland. The forum also aims to examine and develop strategies to address Vocational Educaitonal and Training (VET) issues as they relate to planning and program delivery.

Nagi Binanga developed the Guidelines for the Establishment of Indigenous Advisory Groups by Industry Advisory Bodies in response to the growing evidence suggesting that Aboriginal and Torres Strait Islander peoples are continuing to be excluded in the consultation processes of planning and development of VET programs and resources, particularly those developed to target the Aboriginal and Torres Strait Islander peoples.

The Guidelines have been developed around successful models currently employed by several ITABs. It highlights the need for consultation and promotes the concept of Indigenous advisory groups as one highly effective consultation strategy.

TAFE Queensland have nine colleges/institutes/campuses which have Aboriginal and Torres Strait Islander representation on their Community Councils . In the cases of the Torres Strait campus and the campus at Cherbourg, the majority of members are Aboriginal and Torres Strait Islander people.

There are 11 colleges/institutes which have specific Aboriginal and Torres Strait Islander Advisory Committees.

When Aboriginal and Torres Strait Islander-specific courses are being developed or reviewed, Aboriginal and Torres Strait Islander people comprise the majority membership of the particular curriculum advisory committee.

The Division of Vocational Education, Training and Employment provided funding for a project involving a training development study to identify the skills needs of remote Indigenous communities which can be met through the development of traineeships. The findings of the study included ensuring that language and literacy competencies were embedded into entry level training.

TAFE Queensland finalised a suite of Indigenous Australian Language Studies courses aimed at training people to research, record, and develop resources for teaching Indigenous languages (R. 55).

TAFE Queensland continued to conduct ranger training for Indigenous students through the Associate Diploma of Applied Science (Natural and Cultural Management) (R. 56).

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) The QCSC has established a consultation process between senior officers of the organisations and members of the Indigenous Advisory Council. The Chairperson of the Indigenous Advisory Council, Mr Neville Bonner, a former Official Visitor to a number of QCSC facilities, visits centres at intermittent intervals to meet with General Managers and Managers to discuss issues relating to Aboriginal prisoners and detainees in particular areas.

Aboriginal and Torres Strait Islander representation is provided for on the Board of Queensland Corrective Services Commission. The current representative has a background in Aboriginal and Torres Strait Islander issues and is also the deputy chairperson of the Aboriginal Advisory Council. A non-Aboriginal Commissioner also has a specific interest and responsibility for Aboriginal and Torres Strait Islander matters particularly as they relate to the northern region.

1996-97 RCIADIC Implementation Report - Part 4 82 The QCSC employs Aboriginal and Torres Strait Islander Official Visitors who visit correctional centres and juvenile detention centres on a regular basis to provide a grievance mechanism for both Indigenous and non-Indigenous inmates (R.176). Aboriginal and Torres Strait Islander chaplains are enlisted into correctional centres to be involved in the ecumenical well- being of Indigenous and non-Indigenous inmates . Individuals and groups from local communities are also encouraged to be involved with Aboriginal and Torres Strait Islander prisoner and detainee management programs . Arthur Gorrie Correctional Centre has an Aboriginals and Torres Strait Islanders in Custody Community Committee which meets regularly to discuss progress on implementation of RCIADIC recommendations . Individuals from local communities are also invited to correctional centres as members of the Family Support Program management committees (R.172, R.183).

In those areas where projects have been developed and implemented , the consultation process has become part of the operational management of the project . In other instances, regular meetings continue to occur to address issues of management of individual offenders or to explore further options for specific communities.

Quarterly Juvenile Justice Reference Group meetings are held for key stakeholders , QCSC, DFYCC, and Justice to discuss issues relevant to Aboriginal and Torres Strait Islander youth incarceration.

QUEENSLAND HEALTH (HEAL) Policies and programs are developed in consultation with Aboriginal and Torres Strait Islander people through local and statewide consultation mechanisms including: the Aboriginal and Torres Strait Islander Health Advisory Council; District and community health action groups; Indigenous employees of Queensland Health; and ad-hoc consultative mechanisms established to address specific matters.

Queensland Health fully supports the national performance targets for Aboriginal and Torres Strait Islander health. In collaboration with other States , Queensland Health is actively involved in refinement processes underway at the national level. These targets aim for a 50 per cent reduction in the difference between non -Indigenous and Indigenous infant mortality, and a 40 per cent reduction in the difference in adult morbidity and mortality rates over the next 10 years.

1996-97 RCIADIC Implementation Report - Part 4 83 Self-Determination Local Government Part 4c: SeIf-Determination and Local Government (R.77-R.78 & R.88-R.204)

DEPARTMENT OF ENVIRONMENT (DoE) Aboriginal and Torres Strait Islander interests are represented on a number of wildlife Committees including the Crocodile Management Advisory Committee, the Macropod Management Advisory Committee, the Protected Areas Advisory Committee, and the Recreational and Commercial Animal Management Advisory Committee. The Protected Plants Management Advisory Committee will be seeking an Aboriginal or Torres Strait Islander representative (R.188).

The Environmental Protection Act 1994, which was assented to on 1 December 1994, is to be administered as far as practicable in consultation with and having regard to the views and interests of (in particular) Aborigines and Torres Strait Islanders under Aboriginal tradition and Islander custom. During 1996-1997, information was sent out to Indigenous (Deed of Grant in Trust) Community Councils on the Environmental Protection Policies (EPPs) for Noise and Air. An Aboriginal officer was seconded to the Department's Far Northern Regional Office to liaise with Indigenous communities. The peak bodies for the Indigenous (Deed of Grant in Trust) Community Councils, the Aboriginal Co-ordinating Council (ACC) and the Island Co-ordinating Council (ICC), were regularly consulted during the development of the EPPs. In March and July 1997, information to all Councils and peak bodies was provided through briefings from the desk of the Principal Liaison Officer, Policy, in Central Office (R.188, R.192).

The Community Reference Group, which was established to provide advice to the Standing Committee and Policy Council on the Brisbane River Management Plan, includes a representative from the Foundation for Aboriginal and Islander Research Action (FAIRA). The Committee meets quarterly, and will continue to meet throughout 1997-98 to provide advice on the implementation of the Plan and any other issues affecting the catchment (R.188, R.192).

The Key Stakeholder Advisory Group for the Moreton Bay Wastewater Study also includes one representative each from the Quandamooka Land Council and FAIRA. This is a community advisory group meeting every few months to provide advice on the water quality of the Brisbane River and Moreton Bay (R.188, R.192).

A Coastcare project based at Hopevale community in the Department's Far Northern Region aims to establish a more culturally-appropriate marine resource management and education strategy that is compatible with local management strategies (R.188).

Negotiations with the Bama Wabu Rainforest Aboriginal Network on a Memorandum of Understanding (MOU) to involve Aboriginal people in the issuing of permits and the assessment process for permits under the Nature Conservation Act 1992, have been ongoing throughout 1997. The completion of the MOU will result in a substantial modification of policy which will particularly affect Aboriginal people (R.188).

The Wet Tropics Management Authority is negotiating with rainforest Aboriginal people, through their representative body, Bama Wabu, and through ongoing discussion with regional Land Councils and community organisations, to improve the design and delivery of policy and specific projects. Specific initiatives include:

1996-97 RCIADIC Implementation Report - Part 4 84 • The Authority contributed $15,000 towards the Bama Wabu Summit. In addition, the Authority subsidised legal fees associated with the incorporation of Bama Wabu. • An Aboriginal member was appointed to the five-member Board of the Wet Tropics Management Authority, with the Chair of Bama Wabu having observer status. • The Aboriginal Resource Management Program is now established as an individual entity within the Wet Tropics Management Authority's structure and budget. The Program is responsible for communicating with rainforest Aboriginal people and developing strategies to achieve rainforest Aboriginal people 's aspirations, such as joint management of the World Heritage Area. • The Authority is conducting an 18 month Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area, which is overseen by an Aboriginal steering committee and the rainforest Aboriginal representative body , Bama Wabu , with assistance from ATSIC and regional Land Councils. • Bama Wabu has representatives on the Wet Tropics Management Authority's established committees, including the Community Consultative Committee and the Scientific Advisory Committee. • Kuku Yalanji people are represented on the Daintree Planning Co-ordination Group, which also includes the Douglas Shire Council, the Department of Environment, and the Commonwealth Department of Tourism, Environment, Sport and Territories. • The Authority is currently developing , in consultation with Bama Wabu and other Aboriginal organisations, an Aboriginal protocols policy (R.188).

Employment funding for National Park management projects has been provided by the Department's Far Northern Region to five Cape York Peninsula Aboriginal organisations (R.192).

The Aboriginal Resource Management Program within the Wet Tropics Management Authority's structure and budget currently employs three Indigenous people as Aboriginal Community Liaison Officers contracted from rainforest Aboriginal community corporations. The total budget for the Aboriginal Resource Management Program was $174,570 for 1996/1997 (R.192).

A Contract was provided to Kuku Yalanji site officers from the Mossman Gorge Community to undertake cultural heritage assessments in the northern section of the Wet Tropics World Heritage Area, on land acquired under the Daintree Rescue Program and, on the landholder's request, on freehold land (R.192).

Where possible, the Wet Tropics Management Authority channels all funds for Aboriginal archaeological or anthropological surveys to Aboriginal organisations (R.192).

The Daintree Rescue Program (DRP) employs an Aboriginal Cultural Heritage Officer to act as a liaison between WTMA, the local community and government agencies. This officer is responsible for organising cultural surveys, talking with school groups, landholders and tourists, and for assisting others to understand cultural issues in the Mossman Gorge and Daintree National Parks (R.192).

The Wet Tropics Management Authority's payments to Aboriginal organisations and communities are project -specific and made in accordance with contract schedules (R.192).

Far Northern Regional staff of the Cultural Heritage Sub-program provided education and advice to Indigenous communities, Councils and organisations on Departmental requirements for reporting on grants/projects and Government funding

1996-97 RCIADIC Implementation Report - Part 4 85 processes. This assistance is provided on a one-to-one basis if required . Communications are in most instances appropriate to the particular cultural requirements of Indigenous clients (R.196).

Bama Wabu are involved in identifying priority issues for action and funding, and budget formalisation for all Aboriginal projects within the Wet Tropics Management Authority 's Aboriginal Resource Management Program (R.196).

The Wet Tropics Management Authority has produced a plain English guide for Community Liaison Officer recruitment and Community Liaison contract administration, including acquittal forms for Aboriginal organisations (R.196).

Specific resources have been made available by the Far Northern Region office to equitably involve Aboriginal people in the planning processes for Cape Melville National Park and Munburra Resources Reserve and the Conservation Agreement for Starcke Lands (R.198).

The Far Northern Regional Cultural Heritage subprogram provides support and assistance to Indigenous persons and organisations to participate and compete equitably for consultancy opportunities , by providing Indigenous contact and other relevant information to the proponents for development assessment applications and research permits (R.198).

The Department of Environment recognises the diversity of Aboriginal organisations representing and providing services to Aboriginal people , through negotiation and funding (R.199).

Regular liaison is maintained by Far Northern Region Coastal Management staff with Aboriginal Community Councils, including Lockhart, Hopevale, Wujal Wujal and Yarrabah; relevant Aboriginal Corporations, including Gungarde (Cooktown) Aboriginal Corporation, Bamanga Bubu Ngadimunku Inc (Mossman Gorge ), Yirrganydji Aboriginal Corporation (Northern Beaches) and Giangurra Aboriginal Corporation (Bessie Point); and three Corporations within the Yarrabah Community Co- op, Goobidi Bamanga Co-op (Mossman) and Chjowai Co-op (Innisfail) (R.199).

The Wet Tropics Management Authority recognises the diversity of Aboriginal interests in the Wet Tropics World Heritage Area and the variety of organisational structures which have been developed to deliver essential services . The Authority is committed to working in partnership with Aboriginal organisations to manage the Wet Tropics World Heritage Area. In 1996/97, the Authority expended $3,500 on Aboriginal forums and $15,000 on the Bama Wabu Summit (R.199).

The Authority communicates with a wide variety of Aboriginal organisations, Councils, associations, cooperatives and representatives within the Wet Tropics World Heritage Area. It has been instrumental in the establishment of Bama Wabu. The Authority also attended the Girringun Aboriginal Elders and Reference Corporation , the North Queensland Land Council and the Cape York Land Council summits (R.199).

The Authority contracts Aboriginal Community Liaison Officers (ACLO's) from Aboriginal community corporations . During 1996/1997 , 3 Officers were employed for varying contract periods . An amount of $80,000 was expended on contract wages (R.199).

The Department of Environment provides assistance and advice consistent with its abilities in environmental conservation management e.g. a Community Ranger Program (R.203).

1996-97 RCIADIC Implementation Report - Part 4 86 The Department of Environment's Far Northern Regional Office has provided support to the TAFE Aboriginal Natural and Cultural Resource Management Course (R.203b).

New Initiative Community Ranger funding using RAM funds was provided for part-time employment for specific training projects in the Far Northern Region. Trainee ranger positions were established through relevant Native Title groups at Green and Fitzroy Islands. Other positions were also provided at Giangurra (Bessie Point) and Low Isles (R.203).

Through agreement with the Yarrabah Community Council, their Ranger Patrol vessel was upgraded to offshore survey standard for joint marine park patrol work (R.203d).

The Wet Tropics Management Authority is committed to facilitating recognition and appreciation of rainforest Aboriginal cultures, and the meaningful involvement of rainforest Aboriginal people in the management of the World Heritage Area (R.203).

The Authority's Aboriginal Resource Management Program is involved in ongoing discussion with Aboriginal communities regarding management of the World Heritage Area , cultural survival and specific site management (R.203).

The Authority contracts Aboriginal Community Liaison Officers to facilitate communication and involvement in the management of the World Heritage Area with rainforest Aboriginal communities (R.203).

The Authority has also assisted with: community-managed pig trapping programs in four communities; • organising community workshops on key policy issues: fire management; walking tracks; cultural heritage ; permits; and the Review of Aboriginal Involvement in the Wet Tropics World Heritage Area; funding research into Indigenous fire management practices (R.203).

The Authority has had preliminary discussions with Mona Mona settlement , the Centre for Appropriate Technology, and the China Camp settlement regarding infrastructure provision and development (R.203).

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC) Alternative Governing Structures Program Several RCIADIC recommendations address the issue of the most appropriate organisations and structures for governance and service delivery to Aboriginal and Torres Strait Islander communities: see (R.188), (R.199), (R.201), (R.204).

The Alternative Governing Structures Program (AGSP) is an initiative designed to facilitate greater self-determination in Aboriginal and Torres Strait Islander communities. The Program provides funding to communities to develop better structures or processes to govern, or make decisions about , their affairs. The Program is designed to: • facilitate the planning of appropriate and effective decision -making structures or processes (including governing structures) for, and by, communities of Aboriginal and Torres Strait Islander peoples in Queensland; and empower members of participating Aboriginal and Torres Strait Islander communities to determine the direction of the future development of their communities and have a greater input into services delivered to their communities by government agents.

1996-97 RCIADIC Implementation Report - Part 4 87 In 1996/97, grants totalling $600,799 were made to community organisations in 11 Queensland Aboriginal and Torres Strait Islander communities across the State, including North Stradbroke Island, Beenleigh , Dalby, Kuranda, Cardwell, Boulia, Aurukun and the Whitsunday/Bowen region. Most of these projects involve supporting Indigenous communities to plan decision-making structures which will have an input into government service delivery. Many of them also involve Indigenous communities in planning structures and processes for their own community organisations.

In 1996197, planning under AGSP projects initiated in previous financial years continued in some locations , such as Aurukun and Thursday Island.

In Aurukun, work continued on the establishment of the Alcohol Law Council , which is a body for community elders to decide on alcohol laws for the Aurukun community. The Council was the result of AGSP -funded planning by the community, and was incorporated in state legislation in 1995 . OATSIA provided further support for this project in 1996/97, by granting $43,000 to the Aurukun Shire Council to employ an administration officer to support the Alcohol Law Council.

At Thursday Island, an AGSP grant made in 1995196 was finalised with the completion of planning for the incorporation of a new representative community council to govern the development of the Tamwoy, Rose Hill, Aplin, Waiben and Quarantine communities . Rules of incorporation for the new body , to be known as the Tamwoy, Rose Hill, Aplin, Waiben and Quarantine (TRAWQ) Community Council Inc., were submitted to the Department of Justice for incorporation under the Associations Incorporation Act 1981 . Planning for the new Council ensured that it will be a community government which is culturally appropriate to the Torres Strait Islander residents of the TRAWQ Communities. The Council includes some local innovations, such as an advisory Council of Elders, and an advisory Council of Christian Spiritual Leaders.

In recognition of the demand from Indigenous communities for assistance with community- based planning in a wide range of areas apart from governing structures , an objective for 1996/97 is to expand the AGSP into a broader program focusing on community-based planning for community development. While planning assistance will still be available for examining community governing structures, assistance will also be available for planning in relation to matters such as economic development, outstation development and land and natural resource management.

RETAIL STORES The introduction of EFTPOS into Government operated stores has increased the amount of control and security many community residents have over their savings and how those savings will be applied. It has allowed residents responsible for the care of families to more easily purchase essential food items and meet household costs . It has also allowed residents discretion in revealing their disposable incomes, income normally available to others for purposes including substance abuse. The result has been an increase in sales of essential food lines in all Government-operated stores.

COMMUNITY COUNCIL SUPPORT BRANCH (OATSIA) Specific Funding for Community Councils In 1996/97, the State Government Financial Aid Fund Program ($16,497,118) and the Motor Vehicle and Heavy Equipment Replacement Program ($1,592,706) provided funds to Aboriginal and Island Councils incorporated under the Community Services (Aborigines) Act 1984 and the Community Services (Torres Strait) Act 1984 respectively to provide local government services (R.78).

Since the 1993/94 financial year, the Office has been allocating Aboriginal and Island Councils ' grant funding for local

1996-97 RCIADIC Implementation Report - Part 4 88 government services according to a formula recommended in Report commissioned by the Department in 1993 and 1996: Evaluation of Funding to Aboriginal and Torres Strait Islander Councils, by Morton Consulting Services. The Morton formula is based on the population of communities , average expenditure costs of delivering local government services adjusted for cost disability indices associated with isolation , reduced service need and reasonable efforts of Councils to raise own-source revenue . (R.78). The Morton formula is very similar to the formula utilised by the Queensland Local Government Grants Commission.

In 1996/97, seven Aboriginal Councils each received $60,000 under the Financial Accountability Improvement Program to employ professional support staff. In addition, the Financial Accountability Improvement Program provided $ 100,000 (carryover of $300,000 from 1995/96 grant) to the Aboriginal Coordinating Council to provide internal audit services to member Councils and $200 ,000 for contract Training services . The Island Coordinating Council received $600,000 to provide a range of professional accounting and financial services to member Councils . (R.78).

The State Government Financial Aid Program (SGFA), Financial Accountability Improvement Program (FAIP) and the Motor Vehicle and Heavy Equipment Replacement Program (MVHERP) are accessed by Aboriginal and Island Councils incorporated under the Community Services (Aborigines) Act 1984 and the Community Services (Torres Strait) Act 1984. (R.190).

In 1996/97, the SGFA Program provided a total of $16.5m of grants to Aboriginal and Island Councils, representing the largest grants program administered by OATSIA. The SGFA Program provides funds to Aboriginal Councils and Island Councils incorporated under the Community Services Acts as an on-going financial contribution to provide local government services to community residents. SGFA funds are provided on a recurrent basis as determined each year by the Morton formula . These are untied funds and the elected Aboriginal and Island Councils have the general power to expend this grant in meeting the needs of the community in accordance with functions prescribed by the Community Services Acts. (R.190).

The issue of standardisation of audit and financial requirements for Aboriginal and Island Councils incorporated under the Community Services Acts is currently being considered in the context of the November 1997 Joint Report of the Queensland Parliamentary Accounts Committee and the Joint Committee of Public Accounts of their Review of Financial Reporting Requirements for Aboriginal Councils and Torres Strait Island Councils. However, there are a number of issues to be resolved in addressing the Report's recommendations. (R.191). The Department' s audit and financial reporting are determined by enacted legislation , namely the Family Services Act 1987. The differences in legislative requirements across government agencies makes it difficult to achieve standard audit and financial reporting requirements for Aboriginal and Island Councils without amendment of multi-jurisdictional legislation . (R.191).

The Director-General of the Department of FYCC prescribes the format in which Aboriginal and Island Councils must prepare their annual financial statements, which are then audited by the Auditor-General of Queensland . This process is accepted by different government agencies and partially addresses this recommendation . (R.191).

In terms of periodic financial reporting within the financial year, the Department's position is that under section 33 (1) of the Community Services (Aborigines) Act 1984 and section 31 (1) of the Community Services (Torres Strait) Act 1984, the Clerk of the Council is required to produce a monthly financial statement and present that statement to the elected Council.

1996-97 RCIADIC Implementation Report - Part 4 89 The monthly statement by the Council Clerk must contain sufficient financial information for the Council members to make informed decisions. (R.78, R.191, R.192).

The Department does not prescribe a format for periodic financial reporting for its acquittal processes , but requires each Council to forward quarterly financial reports and in this context will accept copies of the monthly financial reports that the Council Clerk is required to produce. (R.191, R.192). Additionally, through the Department's Community Services Officers and Financial Accountability Improvement Program (FAIP), a significant level of practical support and assistance is provided to elected members and employees of Councils on a variety of matters . Priority is given to assisting Council Clerks to produce high quality financial statements which satisfy the decision-making processes of Council, which in turn will meet the Department's quarterly financial reporting requirements (R.78, R.191, R.192, R.193, R.195, R.196). A significant amount of support, training and assistance is still required to achieve high quality reporting by Council Clerks across the board.

Aboriginal and Island Councils incorporated under the Community Services Acts have autonomous power to govern their communities . Councils receive a recurrent financial contribution from the Department through the Department 's State Government Financial Aid Program (R.78, R. 190, R.191 , R.192, R.195, R.198, R.200) which is untied . Councils are able to expend the SGFA grant on a variety of services consistent with the provisions of the Community Services (Aborigines) Act 1984 and the Community Services (Torres Strait) Act 1984. (R.78, R.190, R.191, R.192, R.195, R.198, R.200).

Other major Departmental grants programs which do not require applications include the Motor Vehicle and Heavy Equipment Replacement Program and much of the Financial Accountability Improvement Program . In 1996/97, these three programs provided approximately $21m to Aboriginal and Island Councils and their peak representative bodies, the Aboriginal Coordinating Council and the Island Coordinating Council. The remainder of the Department's programs contributed an additional $1.5M approximately, representing 7% of the Department's grants to Aboriginal and Island Councils. In this context, Recommendation 191 and Recommendation 192 would have limited impact on the remaining 7% of grants to Councils.

The Community Services (Aborigines) Act 1984 and the Community Services (Torres Strait) Act 1984 are enabling legislation which provide elected Council representatives with the power to make decisions and provide services to their communities. The Community Services Acts are a local government model providing remote Aboriginal and Island communities with the legal basis for local community governance encompassing the concept of self-management. (R.78, R.190, R.192).

The State Government Financial Aid Program provides grants to each Aboriginal and Island Councils which are able to expend grants in accordance with formal decisions made by the elected Councils . This approach is consistent with recommendation 192. (R,78, R.190, R.191, R.192, R.200).

In relation to FAIP , strategic direction is determined for Aboriginal Councils by the Aboriginal Councils ' FAIP Steering Committee and for Island Councils by the Island Councils' FAIP Steering Committee . The membership of the Aboriginal Councils' FAIP Steering Committee consists of this Department, the Aboriginal Coordinating Councils (ACC), the Aboriginal and Torres Strait Islander Commission (ATSIC) and Queensland Audit Office (observer status), while membership of the Island Councils' FAIP Steering Committee consists of this Department, the Island Coordinating Council (ICC), the Torres Strait Regional Authority (TSRA) and Queensland Audit Office (observer status). The Steering Committees operate in accordance with FAIP Guidelines which have been approved by the Minister . (R.192, R.195, R.196).

1996-97 RCIADIC Implementation Report - Part 4 90 Under FAIP, the Aboriginal Coordinating Council and Island Coordinating Council deliver a number of financial management services to Aboriginal and Island Councils , complying with the essential elements of this recommendation. (R.192).

The SGFA grants program has no specific performance indicator other than the annual report of the Auditor-General. This is appropriate given the nature of the SGFA grant. The Department's position is that the introduction of more rigid performance indicators for the SGFA grant would place unnecessary reporting burdens on Aboriginal and Islander Councils.

Performance indicators for FAIP are being developed for introduction in the 1997/98 financial year. (R.194).

The SGFA program provides recurrent funding to Aboriginal and Island Councils to enable them to provide local government services to community residents. Councils do not apply for grants under the SGFA Program , grants being provided annually and released on a quarterly basis . The Department does not provide guarantees for ongoing funding on a triennial basis, but it is current Government policy to not reduce a Council's annual SGFA grant from one year to the next . (R.195).

Under the FAIP, a significant proportion of available funding is provided annually on a recurrent basis , in particular those funds provided to the Aboriginal Coordinating Council and Island Coordinating Council for the provision of internal audit and training services . (R.195).

The Community Services (Aborigines) Act 1984 and the Community Services (Torres Strait) Act 1984 give legal power to elected Aboriginal and Island Councils to control the provision of alcoholic beverages to residents . (R.278).

Sales of alcohol are subject to State liquor licensing laws and controls over availability, type, quantity and hours of.trading can be regulated through Council By-Laws . (R.278).

DEPARTMENT OF LOCAL GOVERNMENT AND PLANNING (DLGP) Specific and general purpose funding programs available to mainstream local governments through the Department of Local Government and Planning continued to be made available to Aboriginal and Torres Strait Islander Councils (R.75). Decisions concerning the timing of grant and subsidy payments to Aboriginal and Torres Strait Islander Councils are made in accordance with the guidelines applicable under particular funding schemes and are generally allocated on an annual basis. Payments are made commensurate with the progress of projects (R.195).

Grants and subsidies for the provision of local government services are paid directly to Aboriginal and Torres Strait Islander Councils. An exception is the Marpuna Council which undertakes local government functions of the Old Mapoon community (R.199).

The Commonwealth Financial Assistance Grant allocation process is guided by a principle which ensures that financial assistance is allocated in a way that recognises the needs of Aboriginal and Torres Strait Islander peoples within their communities (R.200).

The Department was involved in a number of activities in support of a Community Development Plan at Old Mapoon in Cook Shire (R.204).

Similarly, the Department had some input into Community Development Plans being prepared by Aboriginal communities at Mona Mona in Mareeba Shire and Port Stewart in Cook Shire.

1996-97 RCIADIC Implementation Report - Part 4 91 In January 1997, the Queensland Council for Rural and Regional Communities was established with the primary tasks of representing the views of rural and regional communities to the Government, and being a credible collective voice for women living in rural, remote and regional areas of Queensland. In formulating advice to Government, the Council consults extensively with the community and community organisations in rural areas , including Indigenous communities. Indigenous women are represented on the Council, which is partially funded by the Office of Rural Communities, the Office of Womens' Affairs and the Department of Primary Industries (R.198).

A research project undertaken by the Office of Rural Communities with the assistance of the Office of Aboriginal and Torres Strait Islander Affairs considered the feasibility of establishing a Queensland Government Agency to deliver a range of government services and information in the State's larger remote Aboriginal and Torres Strait Islander communities. The Report concluded that the current Queensland Government Agent model would require substantial development and further research to ensure that a culturally-appropriate and cost-effective service delivery model was developed to meet the needs of remote Aboriginal and Torres Strait Islander communities (R.192).

DEPARTMENT OF PUBLIC WORKS AND HOUSING (DPWH) The Aboriginal Rental Housing Program under the Commonwealth State Housing Agreement (CSHA) is the primary source of funding for the Aboriginal and Torres Strait Islander Housing Program (ATSIHP). The current CSHA assures recurrent funding levels to the State up to 1999 . Allocations are released on an annual basis . Allocations to Aboriginal and Torres Strait Islander DOGIT communities and the Mornington and Aurukun Shire Councils are reviewed annually and approved each year as part of the Program 's Annual Plan (R.195).

Special arrangements were implemented under the 1996/97 Rural and Regional Community Housing Program to ensure that Aboriginal and Torres Strait Islander organisations were able to participate. The standard application form was adapted for Community Councils to improve its relevance, and the funding agreement was adapted so that it was consistent with the documents used by the ATSIHP. Indigenous organisations were kept informed at all stages of the funding processes and specific liaison was maintained with the Aboriginal Co-ordinating Council and the Island Co-ordinating Council (R.196).

Client agencies are responsible for assessing and implementing strategies for the delivery of their particular services within the community.

1,378 households which identified as Aboriginal or Torres Strait Islanders have applied for public housing since July 1996.

The DPWH is responsible for the delivery of Government-wide telecommunication services, and has a role in ensuring that the delivery of new Government telecommunications services assist in providing equality of access to all Queenslanders.

As part of the Government's Information Queensland strategy, 64kbps of digital telecommunications will be provided to all schools and most community health centres by December 1998 using both terrestrial and VSAT satellite services. This will: • include services to most Aboriginal communities (excluding outstations); • provide good basic services to exchanges in these towns to improve voice services; and • provide local call internet access as well as expand video-conferencing and telemedical facilities.

This major telecommunications initiative is a significant plank in extending service access to Aboriginal communities.

1996-97 RCIADIC Implementation Report - Part 4 92 The Commonwealth State Housing Agreement ensures Aboriginal and Torres Strait Islander people are not discriminated against in the delivery of services. As reflected in the Annual Plan, ATSIHP aims to improve access for Aboriginal and

Torres Strait Islander people to secure affordable and appropriate housing . Increased housing allocations have been provided in the past 3 years, to Far North Queensland and Torres Strait communities.

Within the funding and briefing parameters provided by client agencies for projects, officers of the Health Law and Order section of Project Services ensure that Aboriginal people are not discriminated against in the design and documentation facilities for Aboriginal communities (R.198).

DPWH recognises that a variety of valid and accountable structures have developed or been adapted by Aboriginal people to deliver services to Aboriginal communities. However, the Department is not involved in funding the delivery of services to Aboriginal communities.

DPWH's role in the implementation of this Recommendation is to support its client agencies in consulting with these organisations.

The diversity of organisational structures continues to be recognised by ATSIHP. Funding is not dependant upon the type of structure adopted by an Aboriginal or Torres Strait Islander community (R.199).

The ATSIHP supports the development of community development plans and provides information on the Department's policies and programs (R.204).

DEPARTMENT OF TOURISM, SMALL BUSINESS AND INDUSTRY (TSBI) In recognition of the need to foster economic independence for Aboriginal and Torres Strait Islander communities, TSBI has funded the development and implementation of community based enterprise development projects.

The legislative framework of the Liquor Act 1992 permits a significant degree of self determination by Aboriginal and Torres Strait Islander communities in relation to licensing arrangements. TSBI's Liquor Licensing Division liaises closely with communities to develop appropriate licensing arrangements which meet local requiements.

DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS (DTIR) Under the Aboriginal Education Policy (AEP), the Commonwealth and the States/Territories negotiate triennial funding arrangements for the provision of education to Indigenous people through the Indigenous Education Strategic Initiatives Program (IESIP). DTIR is currently in the third triennium of the Indigenous Education Agreement for 1997-1999.

IESIP is the main source of supplementary assistance to education providers to ensure their Indigenous students achieve success in education . In this triennium , funds for the Vocational Education and Training (VET) sector in Queensland are distributed through the Vocational Educational and Training Employment Commission (VETEC) on advice from Nagi Binanga, whereas, in the past, funds were allocated directly to TAFE (R.195).

TAFE Queensland continued to offer fee exemptions for Aboriginal and Torres Strait Islander students in specific courses and part concessional fees in mainstream courses, in order to facilitate maximum access to courses (R.198)

1996-97 RCIADIC Implementation Report - Part 4 93 DTIR allocated 401,303 Student Contact Hours to training specifically for Aboriginal and Torres Strait Islander people through an Expressions of Interest process. The specification documents required training providers to acquire documented evidence and support from the communities for the training need identified. This process identified community councils as key contacts, encouraging training providers to consult with and respect established community organisational structures (R. 199).

An Indigenous Training Plan has been developed as a submission to the 1998 State Training Profile. The Plan provides an accurate and targeted analysis of training needs to result in an effective allocation of resources.

The Essential Services Traineeship for Aboriginal and Torres Strait Islanders has been developed for piloting in six rural/remote Indigenous communities which participated in an Australian National Training Authority (ANTA) training needs analysis conducted over the past year . Nagi Binanga will be responsible for the development and delivery of curriculum for the traineeship which will provide training in: • local government administration • financial administration • small business management • housing repairs and maintenance • water and waste management • automotive repairs and maintenance • environmental health • dinghy and outboard repairs and maintenance • primary health care • training support and administration

Training priorities were identified by the community and training programs have been developed in total consultation with each individual community. Cherbourg will pilot models in Waste Management and Glass and Aluminium Fabrication (R.202).

TAFE Queensland continued to employ Aboriginal and Torres Strait Islander staff, and have Aboriginal and Torres Strait Islander representation on their Community Councils, Aboriginal and Torres Strait Islander Advisory Committees and Curriculum Advisory Committees to input into TAFE planning processes which address vocational education and training for Aboriginal and Torres Strait Islander students and community needs.

Nagi Binanga conducted its quarterly meetings in regional centres as well as remote Aboriginal and Torres Strait Islander communities to ensure that Aboriginal and Torres Strait Islander needs are identified and incorporated into all planning processes (R.203).

Funding has been secured from the Australian National Training Authority to produce an instructional video which will document the process of developing Community Training Plans. Based on extensive consultations, Aboriginal and Torres Strait Islander communities identified the need to be skilled in the development of Community Training Plans.

The video will guide Community councils, and similar peak bodies, through a step-by-step approach intended to produce comprehensive Community Training Plans which will forecast the training needs of the entire community. As well as

1996-97 RCIADIC Implementation Report - Part 4 94 enabling the individual communities to participate in the coordination of service provision, the video production will assist representative bodies, such as Nagi Binanga , to further lobby for responses to training needs.

ANTA funded Family Resource Centres in Cairns , Logan and Ipswich to use and monitor different approaches to improve training participation and outcomes for people who are under -represented in training and/or employment , including Aboriginal and Torres Strait Islander peoples. The 11 month project required the agents to develop a needs analysis and relate it to the training needs of groups in the community ; to identify barriers to training for particular groups; to select strategies to overcome some of these barriers; and to trial the strategy and evaluate the outcomes , with a view to increasing participaiton (R.204).

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) The QCSC successfully sought funding in 1996/97 to extend and expand the number of Aboriginal outstations. To gauge community support, Aboriginal and Torres Strait Islander community groups in far north west Queensland and Palm Island were consulted in respect of these projects. The QCSC has continued its participation in Community Justice Groups which have proven to be a successful mechanisms for involving Aboriginal and Torres Strait Islander people in the justice process. The Community Justice Group at Palm Island has received favourable attention from a range of areas . QCSC provided support to the Palm Island, Kowanyama and Aurukun communities to establish the initial Community Justice Groups.

QUEENSLAND HEALTH (HEAL) Queensland Health has developed a community health planning approach in collaboration with the Commonwealth Department of Health and Family Services , the Aboriginal and Torres Strait Islander Commission (ATSIC) and the Queensland Aboriginal and Islander Health Forum (QAIHF). These planning processes , known as the Health Partnership, involve local Indigenous organisations which ensure that processes are culturally sensitive and that the full range of needs and aspirations in each community are canvassed . As well, Queensland Health has improved access to public health services through funding of environmental health , nutrition and communicable disease positions dedicated to improving Aboriginal and Torres Strait Islander health . Queensland Health has also negotiated a Medical Benefits Scheme with the Commonwealth, whereby staff doctors in rural and remote Aboriginal and Torres Strait Islander communities can bulk-bill, with the funds raised being returned to the communities . This scheme allows the funding of additional medical positions.

QUEENSLAND TRANSPORT (TRAN) AND DEPARTMENT OF MAIN ROADS (MR) The Transport Infrastructure Development Scheme (TIDS) program usually requires local governments to contribute funds to projects on a 50/50 cost-sharing basis . For Aboriginal and Torres Strait Islander communities, as for other remote local governments with low or nil revenue capacity, we sought a cost sharing arrangement with the Department of Local Government and Planning , which coordinates funding from the Federal agency . This may result in no contribution from the local government for certain projects.

Queensland Transport and Main Roads recognise the need for appropriate consultation with Aboriginal and Torres Strait Islander communities on issues such as priorities for works and services It also recognises the impact of provision of access infrastructure on the communities concerned.

The Departments have published and are implementing Policy, Standards and Guidelines on Public Consultation - the way to better decisions, and are committed to effective consultation with employees , other levels of government and their'public'. The Departments recognise that public and employee consultation and participation is an essential part of transport

1996-97 RCIADIC Implementation Report - Part 4 95 planning, policy development and service delivery. Such consultation and participation improves the quality of decisions and is an important part of being responsive to customer needs. One chapter specifies allowing sufficient time for stakeholders to participate throughout consultation, so as to allow the Departments to comply with social justice principles regarding individual rights, equity, participation and access. The guidelines specify that the Departments should be informed about the cultural and time issues of people such as those of Aboriginal or Torres Strait Islander descent, as more time may be required to consult with people or groups with particular cultural and time perspectives.

1996-97 RCIADIC Implementation Report - Part 4 96 4 Accommodating Difference n Part ®

Accommodati ng

(R . 58 - R . 59 & R . 205 - R . 213)

EDUCATION QUEENSLAND (EQ) Relations between Aboriginal and non-Aboriginal people A project involving the development of a Cross Cultural Training Kit for use with EQ personnel is currently being developed. This project will focus on the adaptation and modification of the Public Sector Cross Cultural Training Kit to create a training package which is EQ specific. In line with Education Queensland's Strategic Plan key result area of a responsible and skilled workforce, there is a need for the professional development and training of Departmental personnel. One particular aspect is the raising of awareness and understanding of Aboriginal cultures and Torres Strait Islander cultures.

Outcomes of the project include: Production of a Cross Cultural Training Kit; and Production of an accredited professional development and training Package for the Centre for Teaching Excellence.

Newly-appointed Aboriginal and Torres Strait Islander Education Advisers have undergone an orientation program which included behaviour management issues, Aboriginal and Torres Strait Islander Studies, including Pre-school to Year Twelve Guidelines and Framework for the Teaching of Aboriginal and Torres Strait Islander Studies in Queensland Schools and Senior Syllabus in Aboriginal and Torres Strait Islander Studies, Indigenous Education Strategic Initiatives Program Funds in schools and Aboriginal and Torres Strait Islander Early Childhood Policy. Five officers have been appointed statewide and now service their respective districts. Education Officers (Special Duties) have also been appointed within the branch to service the remaining 31 districts.

DEPARTMENT OF ENVIRONMENT (DoE) Each issue of the Wet Tropics Newspaper aims to provide space for Aboriginal issues , in consultation with the Aboriginal Resource Management Program and the appropriate community group. If other media articles/public displays are requested, the Aboriginal Resource Management Program and appropriate Aboriginal communities are contacted for immediate input, prior to idea development (R.208).

Wet Tropics displays aim to positively promote Aboriginal resource management (R.208).

The Wet Tropics Management Authority is currently working on a newsletter for distribution to Aboriginal communities, organisations and individuals. This includes contributions from Aboriginal people (R.208).

Four staff from the Department's Education and Marketing Services Branch attended Departmental cultural awareness training (R.210).

In the Department's South Eastern Region, a Cultural Ranger developed and co-ordinated a cultural awareness program, and delivered it to a total of 82 participants in three locations - South Coast, North Coast and Central office. Two

1996-97 RCIADIC Implementation Report - Part 4 97 Indigenous cultural awareness sessions were undertaken, facilitated by Aboriginal community Elders. First, District staff attended field inspections of culturally significant sites, and second, a series of informal presentations were made by members of the local Aboriginal community (Gubbi Gubbi and Yugambeh language groups). Evaluation of the program indicated the following benefits: • increased awareness of Aboriginal and Torres Strait Islander issues; increased sensitivity towards Aboriginal and Torres Strait Islander people, their histories and cultures; • greater ability to work with Aboriginal and Torres Strait Islander employees; • increased confidence to consult with Indigenous communities; • willingness to learn and understand more about Australia's Indigenous people and cultures (R.210).

The Department's Far Northern Regional Office has conducted three workshops, entitled "Communication between Cultures: An Introduction to Aboriginal and Torres Strait Islander Societies, Cultures, Environmental Rights and Interests", for Regional staff, in order to meet the Region's specific needs. Local Indigenous communities and Regional Indigenous employees were invited to participate and present their perspectives during these workshops. The Regional Director (Far Northern) has directed all Far Northern Regional staff to attend one of these courses. A number of Wet Tropics staff also attended the workshops. The Wet Tropics Management Authority's Community Liaison Officers contributed to the workshops through presentations and by talking with staff members. Feedback from participants in these workshops has been extremely positive (R.210).

The Far Northern Region's Coastal Management program conducts its own cross-cultural awareness course on an annual basis for staff involved in Indigenous issues. Elders, Community Rangers and Indigenous staff from other relevant organisations or Departments are invited to attend these courses and to address the group (R.210).

The Wet Tropics Management Authority recognises the importance of cross cultural awareness training and has set this as a future direction for funding (R.210).

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC) Information Planning and Review In keeping with recommendation 210, the documents, Protocols for Consultation and Negotiation with Aboriginal People and Mina Mer Lo Ailan Mun - Proper Communication with Torres Strait Islander People were developed by Indigenous working parties and are intended to assist non-Indigenous public sector workers to understand and appreciate the traditions and culture of contemporary Indigenous society. (R.210)

DEPARTMENT OF LOCAL GOVERNMENT AND PLANNING (DLGP) Queensland Government Agents undertook cultural awareness training in association with the Office of Aboriginal and Torres Strait Islander Affairs during 1996-97 (R.210).

Cultural awareness training for Local Government Services staff occurs on an as needs basis (R.210).

1996-97 RCIADIC Implementation Report - Part 4 98 DEPARTMENT OF NATURAL RESOURCES (DNR) In 1995196 , seventy staff undertook a two (2) day Cultural Awareness training program which met the requirements of the Aboriginal Deaths in Custody recommendations . This year an evaluation of the program outcomes was undertaken and further funding was accessed to continue training in cultural awareness . Programs will be delivered in February 1998.

DEPARTMENT OF PUBLIC WORKS AND HOUSING (DPWH) The Department of Public Works and Housing has a number of employees who live and work in areas with significant Aboriginal populations . In recognition of this, the Department's Equity Management Plan, 1996 -98, includes strategies focussed at conducting Cultural Awareness training for managers and client services staff as well as incorporating cultural awareness issues into the Department's induction procedures.

A Cultural Awareness Program has been jointly developed by the Department of Training and Industrial Relations, the former Public Sector Management Commission , and the Department of Families, Youth and Community Care. This Department will continue to conduct this awareness program.

In 1996197, the majority of Building Services Authority (BSA) staff in its Brisbane Office attended a specially designed "Cross Cultural Awareness" training program which aimed to raise staff awareness of cultural differences, particularly targeting the main cultural groups represented in BSA's customer base, including those from an Aboriginal & Torres Strait Islander background . In addition, in 1997/8, staff from Regional Offices will have the opportunity to attend Aboriginal and Torres Strait Islander Cultural awareness training (R.210).

DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS (DTIR) Implementation of Mura Ama Wakaana - the Queensland Public Sector Cross Cultural Awareness Program - commenced. Indigenous staff within the Department have been trained to deliver the program.

TAFE Queensland is continuing to address the strategies set out in TAFE Queensland's Aboriginal and Torres Strait Islander Professional Development Strategy . The strategy allows TAFE Queensland to access valuable skills and cultural knowledge which may otherwise be under -utilised.

Programs provided under the Queensland Public Sector Aboriginal and Torres Strait Islander Employment Strategy and the Torres Strait Employment and Career Development Strategy were delivered by Aboriginal and Torres Strait Islander staff (R.210).

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) QCSC continues to offer Cross Cultural Education programs for non -Indigenous staff during induction and also during their period of employment . Indigenous staff employed throughout the state have been trained to deliver cross cultural training in their specific correctional centre or juvenile detention centre. A Senior Aboriginal and Torres Strait Islander Training and Development Officer is employed by QCSC to manage the training of Cross Cultural Education throughout the state.

A compulsory module, "Aboriginal and Torres Strait Islanders in Custody," has been included in the QCSC's Diploma in Correctional Administration (R.177).

A newsletter, Murri Link has been developed by QCSC Human Resources Branch to ensure Indigenous staff are part of

1996-97 RCIADIC Implementation Report - Part 4 99 an information sharing system . Networking is seen as a very significant issue in relation to the strengthening of ties and encouraging of contact between Indigenous staff members , and should result in increased retention rates . This informative newsletter is also available for non-Indigenous staff as a means of improving knowledge of Aboriginal and Torres Strait Islander staffing and inmate issues.

To ensure that policies in relation to Aboriginal and Tones Strait Islander staffing and prisoner/detainee issues are well co- ordinated , the QCSC has appointed an Indigenous person to the position of General Manager, Aboriginal and Torres Strait Islander Policy Unit. This position reports directly to the Director-General of QCSC on a wide range of issues relating to the incarceration and employment of Aboriginal and Tones Strait Islander people by QCSC.

QUEENSLAND HEALTH (HEAL) Queensland Health , through its Alcohol , Tobacco and other Drugs Services, has funded 'Safety Action ' projects in Cairns, Townsville, Mackay (1996), the Sunshine Coast and Mount Isa (1997). These projects establish a collaborative relationship between licensees , police and the community aimed at reducing the incidence of excessive alcohol consumption , providing education in patron care , and promoting public safety in the vicinity of licensed premises . The collaboration has a particular focus on encouraging licensees to effectively discharge their responsibilities under the Liquor Act with respect to the serving of intoxicated people.

Queensland Health has appointed a project officer to develop strategies to improve the identification of Indigenous people in core Queensland Health data collections. Indigenous status is now recorded in all hospitals-based data collections from both public and private hospitals. Both the Birth and the Death Registration forms now nominate Indigenous status. A joint committee including representatives from the Australian Bureau of Statistics (ABS), Queensland Government Statistics Office (GSO), Queensland Health and the Registrar General's office routinely monitor the completeness and quality of the responses to the Indigenous status item on these new forms . This commenced on a trial basis from 1 January 1996 and was fully implemented from 1 July 1996.

A Cross-Cultural Awareness Package has been developed and Indigenous health workers have been trained to deliver this package to their non-Indigenous colleagues.

Currently, minimum standards are being developed for the District Health Services to implement cross -cultural awareness training , with front-line service delivery staff a priority.

QUEENSLAND POLICE SERVICE (QPS) Cross-Cultural Training The Queensland Police Service (QPS) Police Recruit Operational Vocational Education (PROVE) Program course includes cross-cultural content. As part of that program , recruits undertake off-site visits with lectures and tutorials by Indigenous representatives. A QPS Indigenous Career Development Co-ordinator also addresses recruits in all courses . (R.210)

QPS Competency Acquisition Units (CAP) which refer to Aboriginal and Torres Strait Islander issues (e.g. C1004 'Race Relations', C1005 'The Law', C1007 'Aboriginal and Torres Strait Islander Social Issues', and CP 009 'Custody Issues'), were developed after consultation with key community representatives . The Race Relations unit includes content about racism, prejudice , ethnocentrism , and historical perspectives. These units are a valuable ongoing training resource . (R.210)

An ABC television series of three one-hour episodes , titled "Frontier," relating to Aboriginal history, has been incorporated

1996-97 RCIADIC Implementation Report - Part 4 1 00 into the QPS Academy curriculum at all levels. (R.210)

A 'Cross Cultural Education for Police Working in Aboriginal and Torres Strait Islander Communities' training package designed for police serving, or intending to serve, on Aboriginal and Torres Strait Islander communities, has been produced by the QPS and Mary Graham and Associates Pty Ltd after consultation with key community members and organisations. A total of 250 copies were initially printed for training purposes, with a second reprint of 500 now being widely distributed to all police regions in Queensland.

The training guide covers a broad range of topics including law comparisons, impact of white settlement, inter-personal relations, social management, and Aboriginal etiquette for visitors. The guide offers police a perspective on the unique traditions, beliefs, experiences, and needs of Indigenous people in Queensland society (R.210).

A National Cross Cultural Awareness Trainers Workshop was held at QPS Headquarters, Brisbane, between 9 and 11 October 1996. The workshop was facilitated by the National Police Ethnic Advisory Bureau in conjunction with the New South Wales Police Service and attended by representatives from police services throughout Australia. The workshop incorporated five main aims: (1) to provide a national framework for a co-ordinated approach to cultural training for police; (2) to engender a deeper appreciation of Australia as a culturally diverse society, (3) a create an awareness of the forces that shape different communities within a culturally diverse society, and the way individuals within these communities interact with police; (4) to ensure that police possess the appropriate cultural skills, sensitivity, understanding and acceptance necessary for upholding the banner of justice for all; and (5) to make policing a more co-operative and positive experience for all participants in a culturally diverse society.

Dr Paul Omaji, Department of Justice Studies, Edith Cowan University, Western Australia, delivered a paper entitled 'Justice and Nation-building: Lessons from the Multicultural Justice Education Project'. The recommendations from the workshop have been accepted by police jurisdictions throughout Australasia as the basis for all training. These recommendations are presently being incorporated into all facets of police education and training. (R.210)

The Review of the Queensland Police Service ( Bingham) Report recommendation 112 " ... that the Commissioner give consideration to employing independent consultants to review cross-cultural training and to suggest ways in which the QPS can develop in-depth training methods" is currently being actioned. Accordingly, independent consultants have been contracted to review all QPS cross cultural training and to recommend appropriate future training . Their report is expected to be available in August 1998. (R.210)

Police Headquarters Flag Raising As part of the National Aboriginal and Islander Day of Commemoration (NAIDOC) Week celebrations, the flag of the Aboriginal Peoples of Australia was raised on 7 July 1996 and flown outside Police Headquarters for the duration of the week.

Mr Neville T Bonner , AO performed the honours and was watched by Aboriginal community elders and the Acting Commissioner. (R.210)

1996-97 RCIADIC Implementation Report - Part 4 101 QUEENSLAND TRANSPORT (TRAN) AND DEPARTMENT OF MAIN ROADS (MR) Queensland Transport (TRAN) and Main Roads' (MR) Equal Employment Opportunity (EEO) Management Plans , 1997-98, reflect these Departments' commitment to address employment issues affecting specific groups within the wider community, including Aboriginal and Torres Strait Islander people . Their EEO Management Plans support the continued implementation of the Aboriginal and Torres Strait Islander Employment and Career Development Strategy throughout the Departments to provide equitable access to employment and career avenues for Aboriginal and Torres Strait Islander people.

1996-97 RCIADIC Implementation Report - Part 4 1 02 Coping with Alcohol and Other Drugs Part 4e: Coping with Alcohol and Other Drugs (11.63-11.71)

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC)

Diversion from Custody Program The Office manages the Diversion from Custody Program. The primary objective of the Program is to establish and fund diversionary centres which assist Aboriginal and Torres Strait Islander people who are a risk to themselves or others as a result of intoxication by providing non-custodial facilities which offer sobering-up support, counselling, information and referral services and watchhouse cell visitor services (R.80), (R.81), (R.287).

In 1996/97 the Program had a budget of $3,568,503 and funded diversionary centres in Brisbane, Rockhampton, Mount Isa and Cairns. The construction of a $860,000 purpose-built diversionary centre in Rockhampton was completed and the centre became operational in December 1996. In Townsville, a watchhouse cell visitor service is operational, and a diversionary centre is proposed.

Self Hann and Substance Abuse During 1996/97, the Office provided advice in regard to the development of projects by the Department which are aimed at addressing substance abuse in four North Queensland Indigenous communities. The projects included developing a community plan to address petrol sniffing in Weipa, establishing a youth centre at Injinoo and employing a Youth Officer at Lockhart River and Aurukun. The purpose of these projects is to provide support, education and training for petrol sniffers and their families.

OATSIA provided advice in regard to the development of joint projects by the Department and Queensland Health to address the high rate of Indigenous youth suicide in North Queensland.

DEPARTMENT OF TOURISM, SMALL BUSINESS AND INDUSTRY (TSBI) At a State level, the Liquor Licensing Division has attempted to involve Aboriginal people in policy development issues by inviting a representative of the Aboriginal and Torres Strait Islander Commission onto the Queensland Responsible Service of Alcohol Consultative Committee . This Committee, chaired by the Liquor Licensing Division , meets on an ad hoc basis to discuss issues involving the responsible service of liquor and associated matters relating to the operation of licensed premises throughout the State.

At a local level, Licensing Officers liaise with individual Aboriginal Councils regarding issues or concerns relating to the operations of their licensed facilities. With this in mind, a resource was developed for the Division's Licensing Officers, establishing protocols on how consultations with Indigenous people should be conducted.

Data collected by the Liquor Licensing Division in relation to liquor sales within communities is also made available to various agencies involved in research into alcohol misuse.

1996-97 RCIADIC Implementation Report - Part 4 103 QUEENSLAND HEALTH (HEAL) Queensland Health recognises the complexity of alcohol dependence and misuse and encourages the development of a comprehensive response to these issues. With the assistance of Commonwealth funds , Queensland Health has established a statewide network of Aboriginal and Torres Strait Islander reference groups to provide information , advice and insight on Indigenous alcohol, tobacco and other drug issues. The outcome of the reference groups project will be a Queensland Indigenous Alcohol, Tobacco and other Drug Strategy . These reference groups will also guide the implementation of the strategy. Queensland Health is represented on the National Drug Strategy Committee which coordinates an ongoing program of data collection and research on Indigenous alcohol, tobacco and other drug issues (R.63-R.71).

QUEENSLAND POLICE SERVICE (QPS) QPS Drug and Alcohol Co-ordination Project Support The Drug and Alcohol Co-ordination Unit appraises Service project applications state-wide and, in conjunction with Queensland Health, allocates National Drug Strategy Law Enforcement Funding Committee funds to viable drug and alcohol research, training, and prevention initiatives. Projects funded this year and which target Indigenous youth, included (1) the "North Coast Substance Abuse Project" which provided $23,500 worth of sporting activities for Indigenous youth in the Murgon district; (2) 'Adopt a Cop' Drug and Alcohol Community Education Resource (DACER) training for 'Adopt a Cops' in the Mount Isa police district at a cost of $21,105. This project aims to benefit Indigenous youth by providing more relevant training on drug and alcohol issues; and (3) the provision of $2,000 worth of sporting equipment to the Police Citizens Youth Club at Yarrabah (R.69).

Cairns Displaced Persons Project The Far Northern Police Region has adopted a problem-oriented policing approach to address the identified needs of displaced or homeless persons from remote Aboriginal and Torres Strait Islander communities (commonly known as 'Park People') who were living in the Cairns area.

A Displaced Persons Committee was established by the Cairns Police to examine the problems and social issues impacting on the persons in need. The special focus of this Committee was upon alcohol and drug abuse and associated health, social, and justice factors, and on avenues of remedial action.

Committee members included elders from the Aboriginal and Torres Strait Islander community; Aboriginal and Torres Strait Islander representatives from various government departments, agencies, and community groups; and representatives from local government and the police (including PLOs).

The Far Northern Police Region sought and obtained special funding from the National Drug Strategy Law Enforcement Funding Committee to develop the 'Displaced Person's Project' in Cairns. The project officially commenced in May 1995, and ran for a twelve month period. The Displaced Persons Committee continues to function and is regarded as an important avenue for addressing the needs of displaced and homeless persons in Cairns. The project established effective protocols for diversion from arrest and provided a positive foundation for ongoing co-operation between the QPS and local service providers including Department of Health field workers.

Major outcomes emanating from the project include approval to build a Night Shelter and Diversionary Centre; approval to implement a Mobile Assistance Program to work in concert with the Night Shelter and Diversionary Centre; employment of two liaison officers by Community Health for the purpose of addressing health needs of the displaced and homeless population; and employment of an Indigenous person by Cairns City Council to liaise with displaced persons. (R.69)

1996-97 RCIADIC Implementation Report - Part 4 1 04 M Strategies Part n

Strateg i es (R . 272 - R . 288)

DEPARTMENT OF TOURISM, SMALL BUSINESS AND INDUSTRY (TSBI) Many of the issues contained in the Royal Commission's report relate to alcohol misuse . TSBI's Liquor Licensing Division recognises the need to work with communities and other agencies to resolve problems . The legislative framework provided by the Liquor Act 1992 has been established to enable a significant degree of self-determination by Indigenous Communities in relation to liquor availability and consumption . The Division works with such communities to arrive at appropriate licensing arrangements which recognise local requirements and issues.

All applications for licences in Community areas are required to be forwarded to the relevant Council for comment. Submissions from the community are encouraged and considered . Close liaison occurs between the Division and the relevant Council and other key stakeholders , including Police , before licences are granted or conditions altered.

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) QCSC has given and will continue to give high priority to intervention in offenders ' use of alcohol and drugs. QCSC also provides a grant to the Palm Island Alcohol and Drug Rehabilitation Centre (PIADRAC) in northern Queensland for Drug and Alcohol rehabilitation for prisoners on early release options.

The QCSC provides a range of Drug and Alcohol programs throughout adult and juvenile facilities. The Ending Offending Drug and Alcohol Program specifically adapted for Aboriginal and Torres Strait Islander prisoners and detainees will be introduced into all correctional facilities in the near future.

The QCSC also ensures that Indigenous programs are delivered by Aboriginal and Torres Strait Islander staff employed in correctional centres and juvenile detention centres or, where appropriate, Indigenous officers employed by Aboriginal and Torres Strait Islander community-based agencies.

QUEENSLAND HEALTH (HEAL) Queensland Health part funds the training of Aboriginal and Torres Strait Islander Drug and Alcohol Workers through the Bachelor of Applied Health Sciences (Indigenous Primary Health Care) at the University of Queensland School of Tropical Medicine and the Aboriginal and Torres Strait Islander Health Worker Education Program.

EDUCATION QUEENSLAND (EQ) The introduction of School-Based Management has given schools opportunities to make decisions regarding their human resources needs. Schools are allocated 80% of Commonwealth Funding for Aboriginal and Torres Strait Islander education, based on a per capita allocation formula . Schools are required to allocate a minimum of 25% of their IESIP funds toward the employment and/or training of Aboriginal and Torres Strait Islander people.

The Pre-school to Year Twelve Guidelines and Framework for the Teaching of Aboriginal Studies and Torres Strait Islander Studies in Queensland Schools continued to be refined and will be further trialed in schools in 1998. The considerable consultation required to ensure these documents meet the needs of the Aboriginal and Torres Strait Islander Communities,

1996-97 RCIADIC Implementation Report - Part 4 105 has resulted in a slowing down of the anticipated time for distribution to schools . However, it is considered that consultation must be thorough to be effective.

Queensland Aboriginal and Torres Strait Islander Educaton Consultative Commission (QATSIECC) will be formally replaced by the Ministerial Advisory Council on Aboriginal and Torres Strait Islander Education (MACATSIE). MACATSIE advises the Minister on how Education Queensland can best meet the needs of Aboriginal and Torres Strait Islander parents, caregivers and communities.

1996-97 RCIADIC Implementation Report - Part 4 1 06 Towards Better Health Part 4g: Toward Better Health (R.246-R.271)

QUEENSLAND HEALTH (HEAL) Queensland Health has entered a partnership with the Commonwealth Department of Health and Family Services, the Aboriginal and Torres Strait Islander Commission and the Queensland Aboriginal and Islander Health Forum which aims to ensure a maximisation of both government and non -government resources in the provision of health services to Indigenous communities . The Partnership's key role is to ensure that health services planning is coordinated in accordance with identified community needs.

Through endorsement of national health goals and targets , Queensland Health is committed to achieving significant health gains for the Indigenous population within 10 years . Achievement of these health gains will require that the population has access to a full range of health services.

There are a number of initiatives underway aimed at improving communication with respect to patient care, including allocation of considerable resources to telecommunications infrastructure, improvements in surveillance and detection of both communicable and non-communicable diseases and improved Indigenous identification on all health service delivery records. Communities are fully involved in all trials of community information systems.

Queensland Health has nominated members of the Indigenous community to sit on District Health Councils. As well, the Minister of Health has established an Aboriginal and Torres Strait Islander Health Advisory Council.

Construction of new Primary Health Care Centres (PHC) on Badu and Boigu Islands is now underway with completion due by December 1997. The redevelopment of Cooktown and Thursday Island Hospitals commenced in August 1996 and will be completed in January and June 1998 respectively. The early planning phase and evaluation of the hospitals on Palm Island , Mornington Island and the Torres Strait Islands has now been completed and construction will begin at an early date. The Indigenous Communities are consulted during the planning and design phase of all projects.

Aboriginal and Torres Strait Islander Hospital Liaison Officers (ATSIHLO) continue to be employed in increasing numbers throughout Queensland hospitals . Currently there are 19 ATSIHLO employed throughout Queensland hospitals at: • Royal Brisbane Hospital • Prince Charles Hospital • Mater Children's Hospital • Princess Alexandra Hospital • Logan Hospital • Redland Bay Hospital • Toowoomba Base Hospital • Goondiwindi Base Hospital • Mackay Base Hospital • Townsville General Hospital • Mount Isa Base Hospital • Palm Island Hospital

1996-97 RCIADIC Implementation Report - Part 4 1 07 • Kirwan Hospital for Women • Cairns Base Hospital • Mareeba District Hospital • Cunnamulla Base Hospital • St George Hospital • Wolston Park Hospital Ipswich Hospital.

Queensland Health is implementing the Queensland Mental Health Policy Statement for Aboriginal and Torres Strait Islander People. Department-funded mental health/life promotion services targeting Indigenous people have expanded from zero in the State in 1992 to more than 30 as at June 30, 1997. Twenty-five of these positions are filled by Indigenous people. Some of the positions are in Queensland Health, some in Aboriginal and Torres Strait Islander community-controlled health services, and some in Community councils. Staffing targets have been set at double the rate of staffing targets for the general population. Funding of further positions will be considered in the context of each State Budget. Staffing is expected to be fully implemented by 2006 in accordance with the Ten Year Mental Health Strategy for Queensland 1996 to 2006.

Under the Queensland Mental Health Policy Statement covering cultural awareness, training will be provided to Mental Health Services staff utilising input from local Aboriginal and Torres Strait Islander people, with regular in-service training updates of knowledge and skills.

A new award for Health Workers has been developed by Queensland Health in response to dissatisfaction with the previous award of 1 March, 1993. This new award will be presented to the Industrial Commission in late 1996 and will give Health Workers a true career path.

Queensland Health is funding a project aimed at ensuring that culturally appropriate protocols and procedures are instigated at all facilities, the aim being to make health facilities user friendly for Indigenous people.

1996-97 RCIADIC Implementation Report - Part 4 1 08 Housing Infrastructure Part 4h on

Hous i ng and Infrastructure

(R. 73-R.76 )

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE PROGRAM DEVELOPMENT Infrastructure Support and Outstation Development Program The Infrastructure Support and Outstation Development Program provides financial assistance to Aboriginal and Torres Strait Islander Councils for capital works projects and assists people who choose to move back to land of significance. The program provides funding to meet the costs of basic infrastructure and services on outstations. The Program provided $969,262 in 1996/97 for projects such as the Seisia Wharf shed, refurbishment of houses at Bamaga and the development of outstations in Cape York and other remote communities. (R.73).

Joint Ministerial Advisory Committee for Indigenous Housing and Infrastructure The Office contributed to Aboriginal and Torres Strait Islander housing and infrastructure policy and program development through its membership of the Joint Ministerial Advisory Committee for Indigenous Housing and Infrastructure (JMAC), which provides advice to the Ministers for Public Works and Housing, and Local Government and Planning. JMAC met four times during 1996/97 to discuss Indigenous housing and infrastructure needs in Queensland and how those needs could be addressed by Commonwealth and State government agencies.

DEPARTMENT OF LOCAL GOVERNMENT AND PLANNING (DLGP) The Aboriginal and Torres Strait Island Infrastructure Program (ATSIIP) sought advice from Indigenous communities regarding the infrastructure projects in their communities as part of the Total Management Planning process . In 1997-98, ATSIIP is providing funds for four Indigenous communities to develop Community Infrastructure Plans which will document the infrastructure and service delivery needs in their communities (R.73).

Road grants made available to local governments through Local Government Services are paid directly to Aboriginal and Torres Strait Island Councils. Funding to Aurukun and Mornington in respect of road and drainage works and other works to upgrade the sewerage systems has been finalised. Improvement works at Aurukun have been completed. The works on Mornington Island (Gununa) are ongoing (R.75).

DEPARTMENT OF THE PREMIER AND CABINET Indigenous Communities Infrastructure Co-ordination Strategy The Queensland government has endorsed the implementation of the Indigenous Communities Infrastructure Co-ordination Strategy for the planning and implementation of infrastructure and related services to Aboriginal and Torres Strait Islander communities.

The Strategy has been developed in response to the complex planning environment that surrounds the provision of infrastructure and services to Indigenous communities. This planning and service delivery is undertaken by a range of agencies across the various portfolios and levels of government, with varying degrees of consistency and success.

1996-97 RCIADIC Implementation Report - Part 4 109 The Indigenous Communities Infrastructure Co-ordination Strategy will provide the strategic framework and necessary Government support for co-ordinated , consistent and progressive actions which accurately reflect the needs of communities. This will achieve improvements in living standards over the longer term. The Strategy seeks to ensure that resources for Aboriginal and Torres Strait Islander communities are targeted to achieve real increases in the social and economic indicators for communities.

The Strategy is directed at ensuring that future agreement to, and implementation of, infrastructure and associated services to communities is co-ordinated amongst agencies for the sustainable development of communities.

Agreed outcomes for the Strategy include: • strong links between the planning for, and the provision of, the full range of infrastructure and services to Indigenous communities (such as housing , health, water, roads and transport , education , training and policing); • streamlined processes for infrastructure delivery to communities; • co-ordinated funding through a combined budget bid (measured against clearly articulated bid assessment criteria); • a strengthened information base available to departments for decision making; • facilities management based on operational and maintenance requirements; and • appropriate budgetary strategies to meet future infrastructure requirements.

A total of $8m has been allocated by the Government in 1997/98 to the Departments of Premier and Cabinet, Local Government and Planning , Natural Resources, Families, Youth and Community Care and Training and Industrial Relations for the provision, operation and maintenance of water-related infrastructure for Indigenous communities.

The Strategy will focus initially on the 32 Deed of Grant-in-Trust (DOGIT) communities and Mornington and Aurukun Shires. However it is anticipated that the Strategy will enable similar co-ordinated responses to be developed for Indigenous communities outside the DOGIT areas, in particular Reserves. Four communities have been selected to undergo infrastructure planning in 1997-98 to determine the effectiveness of the Strategy. The pilot communities are Kowanyama, Woorabinda, Sabai and Hammond Island.

The Chief Executive Officer's Steering Committee on Social Development, which is comprised of the Directors-General of the Departments of Premier and Cabinet (chair), Health , Education, Public Works and Housing , Local Government and Planning Families, Youth and Community Care, Justice, Queensland Police Service, Queensland Corrective Services Commission, Queensland Transport and Main Roads, is responsible for monitoring the implementation and outcomes of the Strategy.

DEPARTMENT OF PUBLIC WORKS AND HOUSING (DPWH) Housing and infrastructure are provided to discrete communities through grants to Community Councils. Councils have the choice of either engaging architects or using designs provided by DPWH. Land development and house siting is undertaken by Councils which generally engage town planners to provide advice . Consultation on housing design has been undertaken in a number of communities . Total Management Plans have been prepared through funding provided by the Department of Local Government and Planning , which will improve future capital works planning on Aboriginal and Torres Strait Islander communities . Regional Managers for building construction within the ATSIHP, consult with Community Councils throughout the entire planning and construction process (R.73).

1996-97 RCIADIC Implementation Report - Part 4 1 10 The 1997/98 Aboriginal and Torres Strait Islander Housing Annual Program Plan provides an analysis of housing needs and identifies a range of strategies relating to housing administration , management and support services . In 1997, the ATSIHP has implemented a Community Housing Management Strategy which will assist communities to plan for housing, and to develop and improve tenancy and asset management. Pilot projects within the strategy commenced in 1997, on six DOGIT communities.

A second housing needs assessment being conducted by the ACC for Aboriginal DOGIT communities and Mornington and Aurukun Shires, is nearing completion . In October 1996, the ICC completed the "Torres Strait Housing Report", which provides statistical data on housing conditions , additional housing requirements, current housing needs and demographics in the Torres Straits (R.321).

The ATSIHP Funding Agreements require Councils to offer Aboriginal and Torres Strait Islander organisations the opportunity to participate in the tendering and quoting for any contract for the supply of goods or services to the Council. Intending suppliers shall also be required to indicate how their contract will provide employment and/or training opportunities for Aboriginal and Torres Strait Islander people.

Special conditions of the tender documents for the Thursday Island Redevelopment Project oblige tenderers, where practicable, to provide a statement of the extent to which Aboriginal and Torres Strait Islander people will be employed on the project.

In an effort to encourage the participation of local labour and industry in the Department's building projects in Aboriginal communities, an item has been added to the architectural checklist in the Health Law & Order section of Project Services, to ensure consideration of the use of local materials and products, and building systems that require local labour, where possible.

The involvement of the Building Services Authority (BSA) in the provision of services to Aboriginal people is restricted to contractor licensing, domestic building dispute resolution and ensuring consumer awareness of the building process.

In the licensing area , the BSA has recently provided assistance to the Cherbourg Community Council and the Southern Queensland Institute of TAFE (Nurunderi College) with their building trade apprentice training programs . BSA personnel addressed the apprentices on the benefits of the licensing system and the requirements for licensing . BSA also waived the licence application fee in order that the thirteen graduating apprentices could be issued with 'Silver Card' sub- contractors' licences in conjunction with the presentation of their trade qualifications . The new trades persons are being encouraged to apply for their 'Gold Card' contractors' licences when they acquire the pre -requisite experience and finances. BSA will continue to be available to offer advice and assistance in that regard.

The BSA also provides a service for the resolution of disputes between consumers and contractors over domestic construction. Under certain circumstances, and where the dispute cannot be resolved , the BSA House Warranty Insurance Scheme is available to rectify defective work or finish construction left in an incomplete state. BSA has met with Community Councils and ATSIC personnel to ensure that they are aware of the assistance available and of how it can be accessed.

The Community on St Paul's Island has sought and been provided with BSA assistance in a large building project.

1996-97 RCIADIC Implementation Report - Part 4 111 A BSA Inspector has visited the Island at the community's expense to provide inspection services and general building advice (R.326).

DEPARTMENT OF TRANSPORT (TRAN) AND MAIN ROADS (MR) Transport infrastructure is an important physical link which contributes to ensuring that all citizens have access to functional position within the wider economy or society, if this is their aspiration.

Funding of $8 .203 million , plus a carryover of $5.211 million from 1995/96, was allocated under the Transport Infrastructure Development Scheme for works on access roads to communities, paving and sealing community streets , bikeways , jetties and airstrips . Of this allocation , $8.916 million was spent in 1996/97 and an amount of $2.505 million has been carried forward to the 1997/98 financial year to complete projects planned and commenced. The 1997 /98 budget allocation of new funds is $7.639 million which gives a total funding allocation of $10 .44 million in 1997/98. Details of work carried out in 1996/97 are set out under Recommendation 75 in the attached Implementation Table.

Of the total funding under TIDS identified above, $7.457 million was expended on construction , maintenance and improvement of roads. In addition to the TIDS allocation, other funds were expended on declared roads that will benefit local communities generally, including Aboriginal and Torres Strait Islander communities. In 1996 /97, $3.4 million was spent on improvements to the Fitzroy Development Road , which is the main access from Woorabinda to Rockhampton. Work is underway on widening and sealing the Cooktown Development Road which may provide some benefits to the Hopevale Community.

Adequate air service access and facilities are of major concern for the Torres Strait communities. TIDS program expenditure for 1996/97 included $984,996 for maintenance and upgrading of airstrips and airstrip access roads in this area.

The Queensland Transport Strategic Plan 1997 - 2000 provides for better opportunities for rural and remote communities and disadvantaged groups . Four of the initiatives identified under Strategy Five are working with rural and remote communities and providers to identify current and future transport requirements and develop solutions ; facilitating, in conjunction with other agencies , the availability of road , air, rail and port services in rural and remote areas ; providing and maintaining appropriate non-roads infrastructure for people in rural and remote areas ; and working co-operatively with welfare and community service providers , local governments and other agencies to deliver transport services which meet whole-of-government objectives.

These initiatives involve progression of Government's Indigenous Infrastructure Strategy; assessment of airstrips on Cape York and in the Torres Strait and development of an upgrade program ; establishment, maintenance or upgrading of maritime infrastructure in ports in remote locations where required for essential access ; and consultation with the Office of Aboriginal and Islander Affairs to facilitate development of effective road safety programs for Indigenous communities.

The Aboriginal and Torres Strait Islander Road Safety Strategy is rated as one of the 'Top Ten ' priorities in the 1996 Queensland Road Safety Action Plan . The Strategy is funded over the three year period 1996/97 to 1998/99. The program aims to develop a strategy for addressing the high incidence of transport related injury in Aboriginal and Torres Strait Islander communities in remote and rural Queensland . The budget for the three years totals $450,000, evenly apportioned over each of the three years.

In June 1997 , two trial projects were implemented in the communities of Kowanyama and Hopevale in the northern region

1996-97 RCIADIC Implementation Report - Part 4 1 12 of Queensland. Each project aims to enable communities to investigate their road use behaviour, identify high risk local areas, and implement culturally effective road safety countermeasures. The key outcome expected from this project is an increased level of safe road use by Aboriginal and Torres Strait Islanders.

The project builds on five fundamental principles: the community owning and managing the project; the project being built upon the community development paradigm; the project counter-measures being culturally effective; inter-agency linkages are central to effectiveness; and the project must be sustainable after initial funding ceases. The effectiveness of the project will be evaluated through its application in the trial communities.

1996-97 RCIADIC Implementation Report - Part 4 1 13 4i Increasing Economic Opportunity Part 4 i: Increasing Economic Opportunity (11.300-11.320)

DEPARTMENT OF ECONOMIC DEVELOPMENT AND TRADE (DEDT) Through co-ordinating implementation of the State Economic Development Strategy, the Department of Economic Development and Trade (DEDT) aims to improve the economic opportunities of all Queenslanders, including Aboriginal and Torres Strait Islander people.

The State Economic Development Strategy was released in May 1997 with the aim to 'create wealth and sustainable employment opportunities for Queenslanders by improving the productivity performance of the Queensland economy.'

The Strategy aims to achieve this objective by: • nurturing a positive environment for Queensland business and industries; • ensuring adequate and cost-effective infrastructure services; and • marketing Queensland vigorously and effectively as a base for exports and a place to invest.

The Department maintains a whole-of-State approach to economic development and planning. The Department in collaboration with the Department of Families, Youth and Community Care also commenced preparation of a Queensland Aboriginal and Torres Strait Islander Economic Development Strategy in early-1997.

As a means to develop clearly -defined objectives and a framework for Indigenous economic development , in April 1997 the Government approved the formulation of a specific Queensland Aboriginal and Torres Strait Islander economic development strategy and a two-stage consultation process.

The development of this Strategy demonstrates the Department's recognition and understanding of the particular barriers confronting Indigenous people in relation to economic development.

The aim of the Queensland Aboriginal and Torres Strait Islander Economic Development Strategy is to assist sustainable economic development for Aboriginal and Torres Strait Islander Queenslanders, through fostering business growth and sustainable employment opportunities and providing greater co-ordination and integration of economic development programs and services.

The Strategy outlines five output areas: • increased Aboriginal and Torres Strait Islander education and vocational training; • increased Aboriginal and Torres Strait Islander employment; • increased Aboriginal and Torres Strait Islander participation in business; • a strengthened Indigenous asset base; and • increased community-driven economic development.

1996-97 RCIADIC Implementation Report - Part 4 114 The development of the Strategy reflects the Overview Committee's recommendation for the development of a co-ordinated approach to the achievement of economic self-sufficiency for Aboriginal and Torres Strait Islander communities.

Implementation of the Strategy will commence in 1998.

The Department's commitment to Indigenous economic development is further demonstrated by support for Cloncurry-based Koutha Aboriginal Development Corporation, previously North West Queensland Aboriginal Development Corporation, which aims to generate benefits for local Aborigines from mining activity in the region (R.300, R.309, R.314).

The Department, in co-operation with the Aboriginal and Torres Strait Islander Commission and Ernest Henry Mining Pty Ltd, participated in the joint funding of Koutha's first year of operation.

The Department recognises the importance of Aboriginal cultural heritage and is committed to ensuring that Aboriginal and Torres Strait Islander people have the opportunity to provide input to projects in their local areas (R.314).

OFFICE OF SPORT AND RECREATION The Local Indigenous Recreation Officer Program The employment of the first officer under this Program will begin in July 1997. Progressively, for the remainder of the financial year, a further three positions commenced while agreements were signed with a further seven communities.

It is envisaged that all positions to be funded under this Program will be in place early in 1999.

The Department is providing ongoing support to the communities that have employed these officers through its network of Indigenous Advisers. The goal of the Program is to have the Local Indigenous Recreation Officers employed under a long term arrangement with their communities.

Office of Sport and Recreation Employment Initiative The Office of Sport and Recreation demonstrated its ongoing commitment to servicing the needs of the Indigenous community by creating eight permanent Sport and Recreation Indigenous Advisor positions within the Department's structure. These State-funded positions replaced temporary positions which were Commonwealth funded.

DEPARTMENT OF EMERGENCY SERVICES (DES)

Emergency Services Division State Emergency Services involvement in Aboriginal & Torres Strait Islander communities in 1996/97 entailed the establishment of emergency service groups in each Aboriginal & Torres Strait Islander community administered by a Community Council or which had Local Government status.

The Groups were issued with SES equipment and Personal Protective Equipment. Some were issued with Rural Fire equipment.

SES training staff continue to conduct emergency service training in each community.

Queensland Ambulance Service

1996-97 RCIADIC Implementation Report - Part 4 1 15 In 1997, the Queensland Ambulance Service (QAS) negotiated with the Aboriginal Councils in Napranum (Cape York) and in Cherbourg (North Coast) to train two new QAS (Aboriginal) ambulance officers for each community. These positions are dependent on joint Aboriginal community Council and DEETYA funding arrangements.

During 1996/97, the QAS completed the Rural Health Support and Education and Training (RHSET) project to develop a model of service delivery for Aboriginal communities on Momington Island. The model includes two permanently-employed Qualified Ambulance Officers supported by community volunteers on a 24 hour roster. This project identified a broader role for ambulance officers in Aboriginal communities that requires support for health promotion, education, injury prevention and traditional healing alternatives.

During 1996/97, funding was obtained from the Torres Strait Regional Authority ($52,000) and from RHSET ($86,000) to conduct two separate first aid programs to Cape York Indigenous communities.

It is intended to finalise the RHSET Grant project in 1997/ 98 and establish a hospital care model for isolated ATSI communities (Mornington Island and Doomadgee).

Local Ambulance Committees are to be established at Mornington Island and Doomadgee.

The Aboriginal and Torres Strait Islander Employment strategy, which aims to increase the number of QAS-employed Indigenous Qualified Ambulance Officers, is continuing throughout 1997/98 . Five ATSI students who commenced studies in 1995 are progressing towards their Associate Diplomas . Two further positions jointly funded by DEETYA, Napranum Community and the QAS have been established in Weipa from 30 June 1997 (R.306).

DEPARTMENT OF ENVIRONMENT (DoE) Aboriginal people are encouraged to apply for positions within the Department. Every effort is made to eliminate any real or perceived barriers which may limit access by Indigenous people to equitable treatment in the recruitment and selection process. The basic principle of recruitment on merit is applied . Assistance is given to Aboriginal people in applying for mainstream positions e.g. development of resumes, working through the merit selection process (R.300).

The representation of Aboriginal and Torres Strait Islander people within the Department decreased from 3.9% in 1995/96 to 3.1% in 1996/97, with 52 of the 1701 Departmental staff identifying as Aboriginal and Torres Strait Islander people. The decrease is mainly due to the termination of temporary funded positions where Aboriginal and Torres Strait Islander people have been disproportionately affected. 65.4% of Aboriginal and Torres Strait Islander staff are in permanent full-time employment, compared with 70.2% of non-Aboriginal and Torres Strait Islander staff. A small number of Aboriginal and Torres Strait Islander staff were converted to tenured status as a result of Office of the Public Service Directive 1/97 (R.300).

Aboriginal and Torres Strait Islander people were employed in a broad range of positions , particularly those requiring knowledge of Aboriginal and Torres Strait Islander culture and the ability to liaise with Aboriginal and Torres Strait Islander stakeholders. Examples include:

engagement as temporary and casual rangers . In some cases, this occurred following consultation with community groups and Councils to increase competitiveness for merit -based recruitment processes; employment on completion of Land Conservation Traineeships;

1996-97 RCIADIC Implementation Report - Part 4 116 permanent employment on completion of a training program for Aboriginal rangers; employment as Environmental and Clerical Trainees; work placements were provided for Environmental Trainees employed by Aboriginal community groups (R.300).

The Aboriginal and Torres Strait Islander representative on the Department's EEO Consultative Committee raised the following issues for consideration in the EEO Management Plan for 1997/98: • employment of Aboriginal and Torres Strait Islander trainees; • all positions in National Parks, in particular those with a strong Aboriginal and Torres Strait Islander presence, should include selection criteria which correctly represent the need for appropriate cultural knowledge and skills. These positions should also include an Aboriginal and Torres Strait Islander representative on the selection committee. These points are in accordance with current policy, and may require reinforcing; • actively encouraging Aboriginal and Torres Strait Islander staff to pursue higher duties particularly in positions which relate to Indigenous people and/or issues (R.300).

Compared with the public sector as a whole, and with the Departments of Primary Industries, Fisheries and Forestry and Natural Resources, the Department is performing well in the overall representation of Aboriginal and Torres Strait Islander people. The Department is currently meeting the sector-wide target for overall representation of 2.4% by the year 2000. The Department is also currently meeting the 2005 sector-wide target (which aims for 2.4% representation of Aboriginal and Torres Strait Islander people at all salary levels) in relation to salary levels 1-3 (R.305). These levels of Indigenous representation have been achieved through the following strategies: • The Wet Tropics Management Authority provides funding to land management agencies for employment of Aboriginal people as Rangers (R.300); • The Authority provided $4000 towards the employment of Kuku Yalanji traditional owners, including senior custodians of environmental knowledge and community rangers, as senior research assistants in a research program on Kuku Yalanji fire management (R.300); • A contract was provided to Kuku Yalanji community rangers from the Mossman Gorge Community to undertake cultural heritage assessments in the northern section of the Wet Tropics World Heritage Area, on land acquired under the Daintree Rescue Program and on landholders' request on freehold land (R.300); • Following completion of a four-year training program, three Aboriginal people from the North Stradbroke Island community were successful in being merit-selected for permanent ranger positions in the Department's South eastern Region (R.305). • A trainee Conservation Officer in the South eastern Region completed her degree, was subsequently promoted to P02 and was appointed as a permanent public service officer (R.305); • A permanent AO2 officer was given long-term relieving opportunities in different work areas of the Southeastern Region to further enhance his skills and improve his longer-term career prospects (R.305); • An Aboriginal woman was employed through the Commonwealth Employment Program for Aborigines in Natural and Cultural Resource Mangement (CEPANCRM) program. Her work experience enabled her to secure a position at Brisbane Forest Park (R.305); • Four Aboriginal people completed Aboriginal & Torres Strait Islander Land Conservation Traineeships during the year at Fleay's Wildlife Park. Two of these were employed by the Southeastern Region following completion of their traineeships (R.305); • Two Aboriginal Environmental Traineeship positions were established at Rosslyn Bay within the Coastal Management Sub- program in the Department's Central Coast Region (R.305); • Various traineeships and assistance to community groups including Cherbourg and Woorabinda have been provided in relation to environmental issues in the Central Coast Region (R.305);

1996-97 RCIADIC Implementation Report - Part 4 1 17 • The Wet Tropics Management Authority currently employs three Indigenous people : three contracted part-time Aboriginal Community Liaison Officers (R.305); • Aboriginal interpretation , education and community extension programs were developed at Fleay 's Wildlife Park (Gold Coast), including regular daily education programs, major events (Australia Day and NAIDOC Week) and provision of training facilities and professional advice etc , on an as-required basis (R.306).

Negotiation of joint-management arrangements for National Parks under the Aboriginal Land Act 1991 are continuing. A total of fifteen National Parks have been gazetted for claim and joint management under the Aboriginal Land Act 1991 (R.315a).

The Wet Tropics Management Authority requires consideration of the employment of Aboriginal people in all Authority contracts in line with Equal Employment Opportunity targets (R.300).

The Wet Tropics Management Authority manages the Wet Tropics World Heritage Area which is located within two ATSIC regional boundaries. The Authority works closely with ATSIC, Bama Wabu and the Review Steering Committee, to coordinate planning and delivery of services (R.302).

Claims were lodged over five National Parks : Cape Melville, Mitchell Alice Rivers, Mt Webb, Mungkan Kandju and Lawn Hill. Cedar Bay National Park is the only park currently gazetted as claimable within the Wet Tropics World Heritage Area (R.315).

Procedures are being developed to deal with the effect of the Native Title Act 1993 on Department of Environment actions on National Parks (R.315).

Currently, admission fees do not apply to national parks within Queensland (R.315h).

Staff of the Department's Southeastern Regional office have continued their liaison with traditional Aboriginal people regarding key management issues on Moreton Island , particularly with respect to Cape Moreton and viewing platforms (R.315).

The Quandamooka Land Council has been involved in discussions concerning resource issues on Peel Island in the Department's Southeastern Region , particularly in relation to fire management (R.315).

Department-initiated talks with the Goolburri Aboriginal Corporation Land Council regarding an appropriate process for consultation with Aboriginal people during the preparation of management plans have progressed (R.315).

The Southwestern Regional Office sponsored a meeting and ' discussions with the Bidjara people to facilitate their involvement in the development of a management plan for Carnarvon National Park (R.315b).

Discussions have continued between staff of the Southwestern Region and Waka Waka people from Cherbourg and the Goolburri Aboriginal Corporation Land Council regarding appropriate processes for consultation during the preparation of a management plan for the Bunya Mountains National Park (R.315b).

1996-97 RCIADIC Implementation Report - Part 4 1 18 Discussions have been held between staff of the Department's Southwestern Regional Office and representatives of the Maiwalli and Kaiwalli people regarding the establishment of a keeping place on Diamantina National Park (R.315).

The Department's Northern Region continues, as an ongoing process, to encourage Aboriginal decision making with regard to places of cultural significance. This process occurs not only in relation to environmental impact studies but also to other research projects. Approximately 50 permits were issued under Section 28 of the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 in the Northern Region by the Honourable the Minister for Environment (R.315).

Cultural Heritage staff in the Department's Northern Regional office in Townsville and District staff in Mt Isa provided direct in-kind support for a federally-funded CEPANCRM project undertaken by the Kalkadoon Tribal Council to conserve and interpret three important Aboriginal art sites in the Mt Isa area (R.315).

The Department's Northern Region is also facilitating decision making by the Waanyi people on management of cultural sites and places in the Riversleigh World Heritage Area. This work has just commenced (R.315).

Aboriginal people have been extensively involved in the development of draft zoning provisions for the proposed Cape York Marine Park. Aboriginal representatives will be included on the Regional Consultative Group to advise the Honourable the Minister for Environment on the development of a Regional Coastal Management Plan for the Wet Tropical Coast (R.315).

Negotiations are being undertaken in the Department's Far Northern Region regarding a Conservation Agreement for part of the former Starcke pastoral lease, which is being transferred to freehold title under the Aboriginal Land Act 1991. Another block of the former Starcke pastoral lease is also transferable under the Aboriginal Land Act 1991, and will become National Park (Aboriginal Land) under the Nature Conservation Act 1992. The transfer process for this area is nearly finalised. A special lease from within the former pastoral lease to the Juunuwarra people is being negotiated by the Department of Natural Resources. Another part of the Starcke Lands became the Munburra Resources Reserve, and a management plan for the Reserve is being developed with considerable Aboriginal input. The remainder of the Starcke Lands was added to Cape Melville National Park, and made available for claim under the Aboriginal Land Act 1991. A claim has been lodged over the National Park, but not yet heard (R.315).

Negotiations are also being undertaken with the Cape York Land Council on behalf of the traditional owners regarding joint management arrangements for the former Silver Plains pastoral lease. A Native Title claim lodged over this area is awaiting the outcome of these negotiations (R.315).

The number of identified Native Title claimant representatives on the Green Island Management Committee, in the Department's Far Northern Region, is equal to the number of representatives from relevant commercial and State agencies (R.315).

Mediations for the determination of Native Title over Barron Gorge National Park are continuing (R. 315).

Aboriginal people have been involved in the development of the management plan for the Crater Lakes National Park in the Department's Far Northern Region (R.315b).

A small area of land was excised from Cape Melville National Park in Far Northern Region for use as a living area (R.315c).

1996-97 RCIADIC Implementation Report - Part 4 1 19 While the Wet Tropics Management Authority (WTMA) is not a and management authority, it has been able to influence land managers through its policies and budget allocations (R.315).

The Wet Tropics World Heritage Protection and Management Act 1993 (Queensland), encourages joint management arrangements through co -operative management agreements (R.315a).

Terms of Reference 12 of the Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area focuses on the potential social, economic, and environmental impacts of joint management. The aim of this project is to suggest policy, statutory and protocol recommendations to the Wet Tropics Management Authority Board in an attempt to facilitate the joint management process. Currently there are major legal and political barriers to establishing joint management to any significant degree in the World Heritage Area (R.315a).

Kuku Yalanji people are represented on the Daintree Planning Co-ordination Group, which also includes the Douglas Shire Council, the Queensland Department of Environment, and the Commonwealth Department of Tourism, Environment, Sport and Territories (R.315a).

Strictly speaking, the Wet Tropics Management Authority is not responsible for the development of management plans for national parks. However, the proposed Wet Tropics Plan for the World Heritage Area is a planning framework (with a statutory component) that proposes to regulate activities across the different land tenure systems within the World Heritage Area in accordance with the World Heritage Convention. Accordingly, the Wet Tropics Management Authority, proposes to overlay any management plans produced by the Department of Environment (R.315b).

Terms of Reference 9 of the Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area focuses on the draft Wet Tropics Plan in an attempt to determine whether it addresses native title and meaningfully involves Indigenous people (R.315b).

In overall terms, the draft Wet Tropics Plan does not preclude the possibility of the establishment of Aboriginal living areas. Native title holders are treated the same as freehold land owners with the same rights to establishing living areas subject to the same forms of regulation. The status of this process is ongoing, pending acceptance of the draft Wet Tropics Plan, and ongoing clarification of the implications for management of Native Title (R.315c).

In general terms, the draft Wet Tropics Plan allows for traditional hunting and gathering (and other forms of wildlife use) in the World Heritage Area if owners of land , including owners of Deed Of Grant In Trust (DOGIT) land, provide access for this purpose and such use is allowable under the Nature Conservation Act 1992 (R.315d).

The Wet Tropics Management Authority is currently investigating the relisting of the World Heritage Area for its cultural values. Successful relisting will precipitate a review of the whole approach to cultural heritage management within the World Heritage Area (R.315e).

The Authority's contracts for cultural heritage assessments recognise the ownership and retention of culturally significant information by Aboriginal people (R.315e).

The Wet Tropics Management Authority is not in a position to directly employ Aboriginal people in national park management. The Authority does, however, fund land managers within the World Heritage Area to employ staff who may

1996-97 RCIADIC Implementation Report - Part 4 1 20 be Aboriginal. The Authority itself has created a separate Aboriginal Resource Management Program, and contracts Community Liaison Officers (R.315f).

The Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area is looking at mechanisms for increasing Aboriginal employment and training opportunities within the whole of the Wet Tropics World Heritage Area (R.315f), and for improving the ability of Aboriginal people to gain access to different management scenarios (R.315g).

A contract was provided to Kuku Yalanji site officers from the Mossman Gorge Community to undertake cultural heritage assessments in the northern section of the Wet Tropics World Heritage Area on land acquired under the Daintree Rescue Program and on request on freehold land (R.315j).

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC) Economic Development Program The Economic Development Program provided $405,248 in grants for business projects to Queensland Aboriginal and Torres Strait Islander communities, organisations and Councils. The Program is in response to a recognised need for increased economic independence and self-sufficiency for Aboriginal and Torres Strait Islander peoples. The primary objectives of the Economic Development Program are to assist Aboriginal and Torres Strait Islander organisations to undertake projects which will: • support the development of community-based enterprises; • increase employment opportunities; • provide access to appropriate training; • contribute to their capacity to achieve self sufficiency; and • assist in the development of community plans to utilise royalties or compensation revenue.

Under these objectives, the Program is able to assist Aboriginal and Torres Strait Islander organisations to develop and conduct feasibility studies for economic and business projects (R.320), (R.203).

Land and Natural Resource Management Program $270,000 was allocated from the Land and Natural Resource Management Program to assist Aboriginal and Torres Strait Islander organisations (R.203), (R.204) to undertake projects which will: • increase their capacity to solely or jointly manage land or natural resources of which they have ownership in a manner which best maximises the social, cultural or economic benefits; • assist in the development of a management control plan for land or a natural resource in an area for which they have ownership or possess a traditional or historical relationship. (R.203); • assist in negotiating sole or joint management rights to land or a natural resource; or • assist in negotiating compensation for use of land or a natural resource.

Queensland Economic Development and Employment Working Group The Office continued to chair meetings of the Queensland Economic Development and Employment Working Group (QEDEWG), founded in 1995 to establish better co-ordination in relation to community-based enterprise development and employment initiatives. This Working Group comprises key government agencies including the State Departments of Families, Youth and Community Care, Economic Development and Trade, Training and Industrial Relations, Tourism, Small Business and Industry, Queensland Treasury and The Arts Office and the Commonwealth Departments of Employment, Education, Training and Youth Affairs and the Aboriginal and the Torres Strait Islander Commission.

1996-97 RCIADIC Implementation Report - Part 4 121 An initiative of the Working Group was the development of the Queensland Aboriginal and Torres Strait Islander Economic Development Strategy.

Queensland Aboriginal and Torres Strait Islander Economic Development Strategy OATSIA, in conjunction with the Department of Economic Development and Trade, developed a draft of the Queensland Aboriginal and Torres Strait Islander Economic Development Strategy during 1996/97. The draft Strategy was developed using existing research and consultation data gathered from around Australia, particularly Queensland, on Indigenous economic development issues. The consultation process involved discussions with peak Queensland Indigenous and industry bodies. These peak bodies included the Indigenous Advisory Council, Aboriginal Coordinating Council, Island Coordinating Council, the Queensland Chamber of Commerce and Industry, Nagi Binanga, Torres Strait Regional Authority, the Aboriginal and Torres Strait Islander Commission Economic Portfolio Commissioners and the Local Government Association of Queensland.

The primary objective of the Strategy is to assist sustainable economic development for Aboriginal and Torres Strait Islander Queenslanders, through fostering business growth and sustainable employment opportunities and by providing greater coordination and integration of economic development services and programs.

The Strategy is consistent with the objectives of the State Strategic Plan, the State Economic Development Strategy and the Indigenous Communities Infrastructure Co-ordination Strategy.

The specific outputs of the Strategy are: • increased Aboriginal and Torres Strait Islander education and vocational training; • increased Aboriginal and Torres Strait Islander employment; • increased Aboriginal and Torres Strait Islander participation in business; • a strengthened Indigenous asset base; and • increased community-driven economic development.

Nagi Binanga The Office is an active member of Nagi Binanga (an Aboriginal and Torres Strait Islander Advisory Committee) which advises on vocational, education and training issues that impact upon Aboriginal and Torres Strait Islander peoples. This Committee advises the Queensland Training Authority, previously known as the Vocational Education, Training and Employment Commission (R.295, R.298, R.300, R.304, R.305, R.306).

DEPARTMENT OF JUSTICE (JUS) JUS does have a policy supporting the recruitment of Aboriginal and Torres Strait Islander people , particularly within the Department's Courts Division and therefore is committed to satisfying R 305. This specific employment strategy was contained in the Department 's policy and procedure entitled "Aboriginal and Torres Strait Islander Training Employment". The objectives of this policy and procedure are to: • induct and train Aboriginal and Torres Strait Islanders in a variety of jobs and skills used within the Department; • develop and implement a viable Aboriginal and Torres Strait Islander trainee employment strategy in sustainable programs; • provide trainee support, work group nurturing and mentoring assistance; • link training to ongoing employment opportunities.

JUS continued its commitment to the implementation of the policy during the financial year 1996-97. Ten employees successfully completed the traineeship and were appointed to permanent positions . There were 27 Aboriginal and Torres

1996-97 RCIADIC Implementation Report - Part 4 1 22 Strait Islander employees in JUS as at 30 June 1997. Several cross-cultural awareness programs have been held within the Courts Division to increase the awareness of staff in dealing with Aboriginal and Torres Strait Islanders and non-English speaking clients. Eighty-two departmental officers have attended these programs.

DEPARTMENT OF LOCAL GOVERNMENT AND PLANNING (DLGP) Services provided by the Department support economic development in urban , rural and remote communities. The Department is engaged in several regional , sub-regional and local planning processes across the State. These processes support economic development by matching infrastructure provision with economic and social development demands, in a cost-effective and sustainable way. The Department also administers capital grant and subsidy programs which provide funding to local governing bodies for capital infrastructure which underpins economic development, including roads, water supply, sewerage services and community facilities.

The Department is continuing with several voluntary regional planning processes in Queensland which involve State and local government agencies and peak community and business bodies in each region.

In North Queensland, for example, the Department is the lead State Government agency for the preparation of the Regional Development Plan for the Gulf of Carpentaria region. More than 60% of the Gulf region's population are Aboriginal or Torres Strait Islander. The Department has initiated the following planning mechanisms (R.203): • the Gulf Regional Development Plan will address the regional planning implications of Aboriginal and Torres Strait Islander social, economic and cultural development as well as environmental and infrastructure requirements; • the Gulf Regional Planning Advisory Committee (Gulf RPAC) which will oversee the preparation of the Regional Development Plan includes representatives from the Gulf Aboriginal Community Councils, the Gulf ATSIC Regional Councils and the relevant Land Councils for the Gulf region; • consultation for the preparation for the Gulf Regional Development Plan will include the Gulf Aboriginal and Torres Strait Islander communities.

Grant and subsidy programs for capital infrastructure , specifically, projects funded by the Aboriginal and Torres Strait Infrastructure Program (ATSIIP), provide Councils (where possible) with an option to provide some aspects of the capital works by employing local staff (R300b). The implementation by local councils of infrastructure programs funded by the Department not only provides positive economic stimulus for the local economy , but provides infrastructure necessary to support further economic and social development.

In terms of employment and training opportunities, the Department of Local Government and Planning is developing strategies to increase the recruitment and participation rates for Indigenous people in accord with the Government's EEO targets. In 1996-97, Aboriginal and Torres Strait Islander people represented 1.2% of total staff within the Department, (R.306).

Formal Consultative Mechanisms with Aboriginal and Torres Strait Islander Communities The Office of Rural Communities has consulted widely with local government service providers, Aboriginal Community Councils, and peak bodies, including ATSIC and the Aboriginal Co-ordinating Council (ACC), on service and information delivery. The Queensland Womens' Council for Rural and Regional Communities was established in January 1997 to provide advice to Government on issues affecting rural women. This Council includes a representative for Indigenous women.

1996-97 RCIADIC Implementation Report - Part 4 1 23 The Aboriginal and Torres Strait Islander Infrastructure Program (ATSIIP) receives advice from the Joint Ministerial Advisory Council (JMAC) regarding the allocation of its funds. JMAC has representatives from Indigenous communities throughout Queensland , and from peak bodies such as the Aboriginal Co-ordinating Council (ACC). ATSIIP is developing Community Infrastructure Plans with four Indigenous communities selected by the JMAC . These plans document the infrastructure and service needs of these communities and are the backbone of the Indigenous Infrastructure Co-ordination Strategy which is part of the State Social Development Strategy.

During 1996-97 the Planning Program was involved in two Regional Planning Advisory Committees including Far North Queensland 2010 Regional Planning Project and Wide Bay 2020 Regional Planning Project . These committees extend participation to and welcomed the participation of Aboriginal and Torres Strait Islander groups and peak bodies such as ATSIC. The Cape York Peninsula Land Use Strategy also include Aboriginal and Torres Strait Islander representation. The Committees enable Aboriginal and Torres Strait Islander community groups to have input into regional development strategies which impact on their communities and which underpin the future social and economic development of their regions.

DEPARTMENT OF NATURAL RESOURCES (DNR) 1.2 per cent of the Department's current workforce are Aboriginal and Torres Strait Islander people. Twenty of these staff are administrative, three are professional, one technical, one operational and three are other streams.

Aboriginal and Torres Strait Islander people in the Department have been successfully encouraged to participate in specific management and leadership programs to enhance their career opportunities.

DEPARTMENT OF THE PREMIER AND CABINET (PREM) Aboriginal and Torres Strait Islander employment in the Queensland Public Sector Consistent with the objective of improving the economic status of Aboriginal and Torres Strait Islander people through improved access to employment opportunities in the public sector, as detailed in Recommendation 305 of the Report of the Royal Commission into Aboriginal Deaths in Custody, the Premier, on the recommendation of the Public Service Commissioner, recently approved the following EEO targets for Aboriginal and Torres Strait Islander employment in the Queensland Public Sector: ® That by the year 2000 Aboriginal and Torres Strait Islander people comprise 2.4% of the public sector workforce. ® That by the year 2005 Aboriginal and Torres Strait Islander people be represented across all salary levels at the level of 2.4%.

The target of 2.4% is based on the level of representation of Aboriginal and Torres Strait Islander people in the Queensland community.

The Office of the Public Service (OPS) is developing planning models that will assist agencies in the determination of employment targets appropriate to each agency's particular situation , but which together then aggregate to the State-wide target. The Office of the Public Service is also assisting agencies in the development, implementation and review of employment and career development initiatives for Aboriginal and Torres Strait Islander people.

Research is also currently being conducted by the OPS in the area of EEO and workforce planning data, as well as ABS statistics, to establish improved information on the current Aboriginal and Torres Strait Islander employment profile.

1996-97 RCIADIC Implementation Report - Part 4 1 24 A number of agencies have participated in the core Aboriginal and Torres Strait Islander Cross Cultural Awareness Package during 1996/97. This package was developed for the public sector by the Office of the Public Service, the Department of Training and Industrial Relations, the Department of Families, Youth and Community Care, and Education Queensland, in consultation with Aboriginal and Torres Strait Islander communities throughout the state, in response to Recommendation 210 of the Report of the Royal Commission into Aboriginal Deaths in Custody. This training program focuses on the complete range of interactions that occur in the workplace: supervisor to staff; staff to staff; and staff to client.

All of these initiatives are regarded as complementary to the pursuit of the Government's approved employment targets for Aboriginal and Torres Strait Islander people. .

DEPARTMENT OF PRIMARY INDUSTRIES (DPI) Reconciliation and Economic Development (including employment) The economic development of Aboriginal and Torres Strait Islander communities is supported by the Future Profit activities. Aboriginal and Torres Strait Islander property owners are assisted with advice on property management. There will be opportunities for Aboriginal and Torres Strait Islander community groups to participate in the aquaculture activities to encourage community-based food production.

The development of an Aboriginal and Torres Strait Islander Employment Strategy will include culturally-appropriate guidelines to enhance the employment opportunities for Aboriginal and Torres Strait Islander persons seeking to be employed in the Department of Primary Industries.

This Department supports the reconciliation process by encouraging the increase of cross-cultural workshops. Aboriginal and Torres Strait Islander employees and their communities will be consulted for their input into the cross-cultural workshops and the employment strategy.

The above response relates to Royal Commission into Aboriginal Deaths in Custody Recommendations R.300-R.320.

DEPARTMENT OF PUBLIC WORKS AND HOUSING (DPWH) The ATSIHP Regional boundaries are similar to those of the Aboriginal and Torres Strait Islander Commission (ATSIC), and have been used for planning purposes . Joint planning commenced with ATSIC in relation to housing and infrastructure, and is continuing in the context of the Housing Ministers ' agreement, to pursue bilateral agreements for Aboriginal Rental Housing Program (ARHP) and Community Housing and Infrastructure Program (CHIP) funds (R.302).

The DPWH is committed to consulting with Aboriginal and Torres Strait Islander people along with members of other target groups when developing policies and programs specific to those groups of employees. The Department 's Equity Management Plan 1996 -98 contains a number of strategies aimed at increasing the number of applicants for advertised vacancies within the Department . Part of this strategy is to consult with relevant community groups to identify barriers to employment.

The Department also recognises the need to develop and implement training initiatives which meet the specific needs of target group members to enable them to be more competitive when seeking promotion. In addition, the Department intends to promote the existence of Study Assistance amongst target group members.

1996-97 RCIADIC Implementation Report - Part 4 125 As mentioned in the response to Recommendation 210, the Department intends to conduct Cultural Awareness Training for managers and client services staff throughout the Department within the next reporting cycle.

DPWH recognises that equity management is an important part of business planning and performance . Therefore, the Equity Management Plan is aligned to the strategic planning cycle and to the key result areas outlined in the Corporate Plan.

Q-Build promotes its annual apprenticeship intake through a wide range of services and organisations including newspapers, the Commonwealth Employment Service, Schools, TAFE Colleges, Second Chance, Aboriginal Housing , the Aboriginal and Torres Strait Islander Employment Unit of the Department of Training and Industrial Relations , the Aboriginal Employment Strategies Unit of the Department of Employment, Education and Training and Youth Affairs, Aboriginal radio stations and Aboriginal and Torres Strait Islander liaison officers in a number of Government Departments.

Aboriginal representatives, nominated by the Aboriginal and Torres Strait Islander Employment Unit, participate as members of panels interviewing applicants for apprenticeships . In 1997, 83 applicants were identified as being of Aboriginal & Torres Strait Islander descent. The 1998 intake was advertised in mid- November 1997 and closed on 28 November 1997.

The Indigenous employees network, "Ambula Lag", is still operating and the Department's Equal Employment Opportunity officer actively participates in the Indigenous networking meetings. The Department continues to provide employment, training and trade apprenticeship opportunities for Aboriginal and Torres Strait Islander people . The ATSIHP directly employs 72.8% Aboriginal and/or Torres Strait Islander staff, including 30 Aboriginal and Torres Strait Islander apprentices in construction-related fields.

The Woorabinda Community Council appointed Q -Build as their preferred builder to undertake projects involving a shopping complex and community housing . As part of the program, Q-Build engaged 10 Aboriginal people to be trained in various aspects of building works. The traineeships concluded on 16 May 1997 , with 6 of the original 10 trainees receiving Statements of Attainment . The other 4 trainees left the program for personal reasons.

The program encouraged participation from the Woorabinda community and contributed towards the longer -term goal of developing and enabling skills accreditation for community members . The program was also aimed at enabling the community to operate independently in the area of building construction.

It is intended that the successful project model that was used at Woorabinda will be applied to other Aboriginal and torres Strait Islander Communities areas across the state as opportunities arise (R.305). The recommendations are concerned with: • maximising employment of Aboriginal and Torres Strait Islander people , both by tenderers for government contracts, and within communities where work is being undertaken (including training initiatives); • maximising local Aboriginal and Torres Strait Islander participation in enterprise development , the provision of infrastructure to communities and the award of contracts; and • the letting of contracts to local tenderers, including tendering procedures which encourage competition by local Aboriginal and Torres Strait Islander communities for contracts.

The Codes of Practice of State Purchasing Policy contain mechanisms for enhancing opportunities for local suppliers of goods and services . While these do not expressly refer to Aboriginal and Torres Strait Islander communities, the principles are applicable , particularly in this context. The "Quick Guide on Buying Locally " is aimed at educating people purchasing

1996-97 RCIADIC Implementation Report - Part 4 1 26 on behalf of government, on how they can take into account the added value of local and regional supply in evaluating procurement options.

Current reviews concerning the enhancement of local business and industry and government industry development policies may have a bearing on these mechanisms.

The ATSIHP tender documents for the Thursday Island Redevelopment project and funding agreements include provision for all intending suppliers to indicate whether their contract will provide meaningful employment and training opportunities for Aboriginal and Torres Strait Islander people (R.307).

Also relevant is the ongoing consideration , including Cabinet consideration , of the implications of accession to the World Trade Organisation Agreement on Government Procurement . Potential implications of accession may include: • restriction of the Queensland Government 's capacity to use government purchasing as a means of achieving industry development, including the abolition or significant modification of existing Queensland Government mechanisms such as preference and offsets arrangements; and • loss of policy flexibility to use government purchasing to achieve other government policy objectives.

For example, in relation to the last point, initiatives to recognise, through the State Purchasing Policy , recommendations of the RCIADIC may be inconsistent with the WTO Agreement (provided such contracts were caught by the WTO Agreement). These and other matters concerning the implications of accession are still to be determined.

DEPARTMENT OF TOURISM, SMALL BUSINESS AND INDUSTRY (TSBI) The TSBI Indigenous Enterprise Development Pilot Project employs an Indigenous Enterprise Development Officer in the Cairns Business Centre. This position works on a project basis to: • provide enterprise development support and advice; • provide enterprise development skills and transfer; and • facilitate access to appropriate government services and agencies.

TSBI recognises that economic independence for Indigenous people is vital to the success of the reconciliation process. The Department continues to consult with relevant agencies including ATSIC and the Department of Families , Youth and Community Care to identify areas where co-operation can assist economic development in Aboriginal Communities.

DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS (DTIR) DTIR's Purchasing Branch called for Expressions of Interest, following endorsement from Nagi Binanga and Vocational Educational and Training Employment Commission (VETEC), to allocate an additional 401 ,303 Student Contact Hours (SCHs) through competitive tendering for vocational education and training specifically for Aboriginal and Torres Strait Islander people in Queensland . Funding was allocated to a range of training programs in locations spread throughout the state. Training programs included Introduction to Small Business Management, Certificate in Aborginal & Torres Strait Islander Community Management, and Certificate III in Community and Human Services (R.300).

Both the Queensland Public Sector Aboriginal and Torres Strait Islander Employment Strategy and the Torres Strait Employment and Career Development Strategy were established under joint State /Commonwealth Agreements with agreed targets, monitoring and reporting arrangements (R.301).

1996-97 RCIADIC Implementation Report - Part 4 1 27 The Torres Strait Employment and Career Development Strategy operates within the Torres Strait and Northern Peninsula Region. The Torres Strait Regional Authority participates in the planning process through its representation on the strategy's Steering Committee (R.302).

In 1996/97 DTIR, through its Competitive Funding Program , committed $1 .8M to train Indigenous people.

Of these funds, approximately $1.7M was allocated to provide Indigenous people throughout Queensland with skills and technical knowledge to contribute to the well-being of Indigenous communities and to lead to employment opportunities or further training.

Nagi Binanga's five year Strategic Plan is being revised. It aims to give focus and direction to the advice provided by Nagi Binanga to VETEC for planning and resource allocation purposes. The Strategic Plan 1997 - 2000 will integrate a number of policies and strategies that address broad and specific aspects of Aboriginal and Torres Strait Islander VET. The plan will include the following priorities: • promote Indigenous ownership of VET for Indigenous people; • ensure that all Indigenous people in Queensland have access to culturally appropriate VET, including literacy and numeracy programs; • increase participation of Indigenous women , people in remote communities and those in custody in VET; and • promote best practice in the delivery of VET to Indigenous people (R304).

In June 1996, DTIR concluded implementation of the five year Queensland Public Sector Aboriginal and Torres Strait Islander Employment Strategy . Over the 5 years of the strategy 1039 Indigenous people were placed into employment and training positions through a range of seven employment and training programs and five career development programs. This figure was 139 placements in excess of the agreed target of 850 for the five years.

The Torres Strait Employment and Career Development Strategy continued its aim to improve the representation of Indigenous people employed across the three levels of Government in the Torres Strait and Northern Peninsula Area. Since its inception in 1994 , 253 Indigenous people have been placed into employment , training and career development programs in public sector agencies in the region . Of these, 123 were placed during 1996/97.

The second intake of participants on DTIR's Aboriginal and Torres Strait Islander Middle Management Development Program commenced in March 1996.

During the year, 43 Indigenous staff throughout the Department were sponsored to attend the Springboard program, which is designed to assist with their personal and professional development . A further two senior Indigenous staff attended the Top Steps program which prepares women for management positions (R.305).

The DTIR, through its EEO Management Plan, assists in the provision of recruitment, training and career development programs to enhance the representation of Aboriginal and Torres- Strait Islander people in employment in the Queensland Public Sector (R.306).

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) In accordance with the QCSC Equal Employment Opportunity Management Plan 1995 -1998, the QCSC continues to investigate recruitment strategies which will increase the number of Aboriginal and Torres Strait Islander employees.

1996-97 RCIADIC Implementation Report - Part 4 1 28 Initiatives that have been incorporated to assist this aim are: the proposed development of a career development plan for Aboriginal and Torres Strait Islander staff; ongoing support for the regional Aboriginal and Torres Strait Islander Staff Support Networks; and ongoing support for the bi-annual Aboriginal and Torres Strait Islander Staff Conference in Queensland.

As at 30 June 1997, the number of staff of Indigenous descent remained relatively stable at 5.3% which is well above the rate of 1 .4% reported by the public sector as a whole . The QCSC maintains a commitment to increase the overall number of Aboriginal and Torres Strait Islander staff. Priorities for forthcoming years will also focus on retention rates and distribution of Indigenous staff across a range of occupations within the organisation (R.174, R.178).

QUEENSLAND HEALTH (HEAL) With the establishment of a Health Partnership under the Commonwealth /State Bilateral Agreement, Queensland Health has joined with the Aboriginal and Torres Strait Islander Commission (ATSIC), Queensland Aboriginal and Islander Health Forum (QAIHF) and Commonwealth Department of Health and Family Services in joint planning. This planning utilises ATSIC Regional boundaries.

The Human Resource Policy and Coordination Unit has the responsibility for collecting and analysing data for the Equal Employment Opportunity (EEO) Annual Report required by the Office of the Public Service. A Management Plan for District Health Services that assists in meeting and increasing EEO and the Anti-Discrimination Act targets including Aboriginal and Torres Strait Islander employment levels has been designed and is currently in use. The Workforce Development Project of the Aboriginal and Torres Strait Islander Health Unit addresses the systematic recruitment of Aboriginal and Torres Strait Islander people.

Queensland Health has a firm commitment to equitable policies , practices and conditions of employment for all employees. In accordance with requirements of the Equal Opportunity in Public Employment (1992) Act, Queensland Health produces an EEO Management Plan which covers staff in all areas of employment, with a special emphasis on women, people with disabilities, Aboriginal and Torres Strait Islander people , and people from non-English speaking backgrounds.

QUEENSLAND TRANSPORT (TRAN) AND MAIN ROADS (MR) Queensland Transport (TRAN) and Main Roads' (MR) joint Aboriginal and Torres Strait Islander Employment and Career Development Strategy (AIECDS) is in progress . An Aboriginal and Torres Strait Islander Development Officer (AIDO) is based in Townsville in the Northern Region.

Implementation of the Strategy is providing Aboriginal and Torres Strait Islander peoples with enhanced employment opportunities. It is also providing Indigenous employees with opportunities to enhance their skills and thus to advance their careers within the Departments.

Strategies will be developed and implemented in four Key Strategic Areas to achieve the objectives of this Strategy. These areas are Promotion and Marketing ; Recruitment, Retention and Career Development ; Cross-Cultural Awareness; and Monitoring and Review.

Initiatives already underway or completed include the establishment of contact with a wide range of Aboriginal and Torres Strait Islander communities ; establishment of working and co-funding relationships with various government and community organisations with responsibility for. Aboriginal and Torres Strait Islander issues ; and support to Queensland Transport's

1996-97 RCIADIC Implementation Report - Part 4 1 29 Road Safety for Aboriginal and Islander Communities project, which providies advice on community consultation processes, issues identification and employment of people from the communities as local road safety liaison representatives.

Improvement of the economic and social circumstances of remote communities must be supported by programs to provide training and development opportunities for Aboriginal and Torres Strait Islander people.

The Departments recognise and adhere to the conditions for award of contracts under the State Purchasing Policy relating to employment and training for Aboriginal and Torres Strait Islander people . This is seen as having a positive effect on employment in Aboriginal and Torres Strait Islander communities . In addition, expenditure under the Transport Infrastructure Development Scheme (TIDS) program has included $107,315 for technical training and development , such as plant and machinery operation, for people living in remote communities and working on TIDS projects.

1996-97 RCIADIC Implementation Report - Part 4 130 4j Addressing Part 4j: Addressing Land Needs (R.334-R.338)

DEPARTMENT OF MINES AND ENERGY (DME) DME Progress to June 1997 The aims of the Recommendations have already been catered for under the Mineral Resources Act 1989. The Act established comprehensive administrative arrangements to protect landholders' entitlements by: • encouraging agreements between landholders and project developers ; • evaluating objections by landholders and others where agreement cannot be reached; • enabling wide community input to the assessment of project proposals; • identifying general and site -specific conditions that will minimise the impact of exploration and mining on other land uses; • protecting specified improvements on land; and • enabling fair compensation to be assessed.

This administrative framework is intended to ensure that landholders have the opportunity to retain influence and entitlements whilst also gaining for their communities the economic and social benefits of mineral development.

The Aboriginal Land Act 1991 and the Torres Strait Islander Land Act 1991 provide for prior consent of landholders for entry for exploration purposes and before grant of a mining lease. To assist both the Aboriginal & Torres Strait Islander Communities and the Industry, a Code of Conduct for Explorers and Miners is being developed. Limited progress has been achieved in 1996/97. However, DME will continue to assist in the development of the Code.

The Department of Mines and Energy refers all mining applications impinging on Aboriginal and Torres Strait Islander reserves and Deeds of Grant in Trust lands to the trustees and encourages direct contact and negotiation between exploration/mining companies, the traditional land owners and the trustees.

Internal administrative structures and processes are in place to ensure a proper sequence.

The DME will maintain a supportive and facilitative role in these processes for direct developer/landholder consultation and negotiation.

The Department of Mines and Energy seeks to actively promote and encourage the involvement and participation of Aboriginal and Torres Strait Islander landholders in the development of mineral resources in the State of Queensland.

The Commonwealth's Native Title Act Amendment Bill 1997 is still the subject of parliamentary processes. At this stage it is expected that the revised Bill will be considered by the Senate in March 1998. Amended legislation is unlikely to be in place until 1998 at the earliest. Once the Commonwealth Bill has been passed, Queensland will be able to introduce complementary legislation.

DEPARTMENT OF NATURAL RESOURCES (DNR) The following are the achievements of the DNR for the 1996 -97 financial year:

1996-97 RCIADIC Implementation Report - Part 4 131 • Continuing assessments and evaluations of native title for all State land dealings and native title claims related dealings. • Continuing transfers of land under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991. In 1996-97, 19 parcels of land covering about 58,700 ha of land were transferred under these Acts by way of 18 deeds of grant. • Continued management of land claims made under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991. In 1996-97, 10 Aboriginal Land Act claims over about 505,700 ha of land were managed and funded (R.334, R.335, R.336, R.337).

DEPARTMENT OF PUBLIC WORKS AND HOUSING (DPWH) When dealing with land grant and building works, through DPWH 's services and facilities, the Department is firmly committed to non-discrimination against all target group people , including Indigenous people , in all of its processes involving the provision of DPW&H services and facilities (R.336).

1996-97 RCIADIC Implementation Report - Part 4 132 Educating for the Future Part 4k: Educating for the Future (R.289-R.299) Schooling (R.72)

DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS (DTIR) TAFE Queensland, through a number of its institutes, particularly Far North Queensland , continued to conduct courses ranging from Certificate to Diploma level for Aboriginal and Torres Strait Islander people who reside in remote communities. Some of these courses involved the training of primary health care workers, rangers (natural and cultural management), community teachers and community council administrative staff.

The Division of Vocational Education, Training and Employment provided funding for a project involving a training development study to identify remote Indigenous communities ' skills needs which can be met through the development of traineeships. The results of the study will be used to develop and pilot traineeships in remote communities (R.294).

TAFE Queensland continued to provide a range of accredited specific Aboriginal and Torres Strait Islander award courses which assist in addressing many of the educational needs identified by communities. These courses cover primary health care, early childhood , ranger training , community teaching , welfare and business. Short courses are also developed and conducted to meet one-off community needs (R.295).

Six Institutes of TAFE continued to employ five field staff and four project officers with the main geographical coverage being north of Townsville to and including the Torres Strait, and west to the Lower Gulf area . South-West Queensland also has a field officer (R.297).

The Adult Community Education (ACE) program provides non-accredited , fee-for-service short courses to assist adults upgrade skills and to provide study areas of personal interest on a part-time basis.

In response to the need for capital training infrastructure for Aboriginal and Torres Strait Islander people , Australian National Training Authority (ANTA) allocated $3M to Queensland from a $15M national project budget . In 1996 , the DTIR called for Expressions of Interest in project proposals.

The principal objective of this initiative is to provide capital funds for additional or improved vocational education and training facilities for training Aboriginal and Torres Strait Islander people to allow them to undertake accredited vocational education and training courses.

Two submissions have been shortlisted and recommended to the Australian National Training Authority (ANTA) for consideration (R.298).

EDUCATION QUEENSLAND (EQ) The Government of Queensland, through its Department of Education, Education Queensland, has continued to place importance on the development and delivery of equitable education services for Aboriginal and Torres Strait Islander

1996-97 RCIADIC Implementation Report - Part 4 133 students and their communities. The current realignment of Departmental priorities to reflect the developing school-based management process and the affirmation of Aboriginal and Torres Strait Islander education as a Departmental priority has seen Aboriginal and Torres Strait Islander Education granted Branch status. All aspects of Indigenous education services are drawn together within the Branch and headed up by the recently-appointed Director of the Aboriginal and Torres Strait Islander Education Branch. This position is at senior officer level in the Department and is held by an Aboriginal and Torres Strait Islander Officer, at SO1 level.

Ministerial Advisory Council on Aboriginal and Torres Strait Islander Education (MACATSIE) An extensive review of the Queensland Aboriginal and Torres Strait Islander Education Consultative Committee (QATSIECC) was finalised in 1996 and a report was developed by the consultant employed to recommend future directions for Aboriginal and Torres Strait Islander education in Queensland State Schools. Together with the changes within the Department towards school based management practices, the National Aboriginal and Torres Strait Islander Education Strategy 1996- 2001 and the Indigenous Education Strategic Initiative Program (IESIP) guidelines, this report has been the basis for a rearrangement of the management structure.

The outcome has been the establishment of a Ministerial Advisory Council on Aboriginal and Torres Strait Islander education which will become effective from 5 January 1998. MACATSIE will continue to represent community input into policy implementation and will advise on training and development programs for Aboriginal and Torres Strait Islander community members in effective decision making. In addition, it will provide community-based input into the development of national directions for future planning.

MACATSIE will ensure that the members of communities have the necessary skills to understand the system of education which affects the futures of their children and their communities , and that they are therefore in a position of strength in decision making and policy development.

School-based Management The Leading Schools Initiative is an integral component of the ongoing development of school-based management. The introduction of School Councils has the potential for enhancing Aboriginal and Torres Strait Islander involvement and decision-making. The recent Forum on Equity and School-based Management, conducted by the Ministerial Advisory Committee on Equity Matters (MACEM), ensured that Aboriginal and Torres Strait Islander input was sought.

Initiatives Supporting Young People Proactive programs to assist and support the needs of young people include: • the continued implementation of the Social Justice Strategy and the Principles of Inclusive Curriculum and Effective Learning and Teaching; • the development of the Healing for Harmony program in Mount Isa, a collaborative program between Education Queensland, Queensland Police and the local Aboriginal Community; • collaborative programs between community organisations and Education Queensland through programs at Petford Training Farm and Puttatama (Mt Isa) which enhance and ensure an appropriate cultural dimension to the Management of Behaviour in a Supportive environment; • trial of Community Accountability Conferencing processes in Aboriginal and Torres Strait Islander Communities; • Police in Schools program and involvement in the training programs for police who participate in this program; • the Aboriginal and Torres Strait Islander Tertiary Aspirations Program (AITAP) continued to support students and their families with respect to preparation for entering the tertiary/higher education sector;

1996-97 RCIADIC Implementation Report - Part 4 1 34 • the development of the Aboriginal and Torres Strait Islander Careers Aspirations Pathways Program (AICAPP) to support and encourage students in careers , employment and training pathways;

• the development of a Careers Expo Program, as part of AICAPP, which will target upper primary/lower secondary students; and • Community Education Counsellors, Aboriginal Teacher Aides, Torres Strait Islander Teacher Aides, Community (Indigenous) Teachers and Assistant (Indigenous) Teachers continue to provide invaluable support to communities, students and schools and provide cultural understanding and knowledge in urban, rural and remote areas. The restructuring of the Department into Districts has resulted in the realignment of Regional Community Education Counsellors (CECs) to District CECs.

Preschooling Initiatives (R.289) Attendance at preschool has been identified as an area for particular focus. The Aboriginal and Torres Strait Islander Education Preschool policy document was re-printed in 1997 and forwarded to every school in Queensland. Supporting posters and leaflets were also distributed to all schools. The Aboriginal and Torres Strait Islander Early Childhood Teacher's Handbook was similarly sent to all schools to enable an enhancement of understanding by teachers of the particular cultural needs which need to be integrated throughout programs for young Aboriginal and Torres Strait Islander children.

Preschool-Year 3 (P-3) Counsellors were employed until December 1997 to encourage the access of State Preschool facilities by Aboriginal and Torres Strait Islander communities. The numbers of students enrolled in these facilities has risen steadily since the employment of these counsellors. In 1996 there were 1915 preschool students enrolled in preschools and this figure increased to 2036 in 1997.

Preparation for the Preschool Curriculum Guidelines document by the Queensland Schools Curriculum Council included participation and feedback from the Aboriginal and Torres Strait Islander Education Unit to ensure that the document included Aboriginal and Torres Strait Islander perspectives. This document was distributed by the Council to schools in January 1998.

Funding At the beginning of 1997, the national-level funding process of Aboriginal and Torres Strait Islander education programs changed from submission-based funding to per capita funding. This change of direction gave responsibility for decisions regarding priorities to the schools communities themselves. This change is also in line with the Department's policy of school-based management. This change has ensured that all schools with Indigenous students have received some assistance, although in some situations this assistance is rendered minimal by the nature of this kind of funding arrangement. It is expected that school administrators will consult closely with local Aboriginal and Torres Strait Islander Communities and Aboriginal and Torres Strait Islander Student Support and Parent Awareness (ASSPA) groups in determining the specific projects to be undertaken.

Employment and Training The employment of Indigenous Education Workers (IEWs) continues to have a high priority in Queensland. In 1997, at least 25% of Indigenous Education Strategic Initiatives Program (IESIP) funding was committed to the employment of Aboriginal and Torres Strait Islander personnel. In some schools, the employment of Indigenous staff was perceived to be more important than the development of other resources. Community Education Counsellors, both regional and local,

1996-97 RCIADIC Implementation Report - Part 4 135 teacher aides, cultural resource persons and Aboriginal School Visitors were included in this category.

The Remote Area Teacher Education program continues to be supported by the Department. In 1997 , there were fifteen sites. Programs were available at Aurukun , Bamaga (with two teacher/coordinators), Cairns, Cunnamulla, Dajarra, Doomadgee, Lockhart River , Mt Isa, Napranum , Normanton, Palm Island , Thursday Island (with two teacher/coordinators), Woorabinda, Wujal Wujal and Yarrabah . Students may undertake a TAFE Course , a Diploma of Teaching (3 years) or a Bachelor of Education (four years) with a primary focus. Additional upgrading was offered to two Remote Area Teacher Education Program (RATEP) graduates at Thursday Island through the University of Central Queensland to give them additional skills in the secondary area. Two students graduated with a Diploma of Teaching during 1997 .

In addition , the Remote Area Incentives Scheme (RAIS) continues to offer financial and other incentives to teachers who work in remote areas of the state which include many of the rural and remote Aboriginal and Torres Strait Islander Communities.

The Target 609 program continues to assist Aboriginal and Torres Strait Islander teachers seeking employment within Education Queensland . Students were visited whilst undertaking studies in universities and advised of the availability of the program . Teachers self-identified if they wished to take part in this program. Graduate teachers remain on the program until they obtain employment.

Job shadowing programs for administrative employees and executive development programs for employees interested in leadership positions have assisted Aboriginal and Torres Strait Islander personnel to gain the skills and confidence needed to successfully apply for higher positions.

In 1996/97 , Aboriginal and Torres Strait Islander employees comprised 1.23% of the total workforce.

The school-based management structure which was announced at the beginning of 1997 has resulted in the establishment of 36 Districts which replace the former 11 Regions . The development of Districts will remove one management layer and will ensure that Directors of the Districts have a personal, leadership and management role within schools. An Aboriginal educator has been appointed as the District Director of the Torres Strait District and will commence at S01 level in January 1998. This officer was previously the co -originator of the Aboriginal and Torres Strait Islander Education Support Centre and a member of both the State Studies Management Forum and the Aboriginal and Torres Strait Islander Education Sub- Program.

The Assistant Executive Director of Aboriginal and Torres Strait Islander Education, Peninsula Region was also an Aboriginal educator employed at A08 level.

In pursuing quality assurance for teacher education programs and a commitment by teacher education institutions to ensure that graduates have an understanding of Aboriginal perspectives and history , the Board of Teacher Registration looks for evidence , in proposed teacher education programs , that the recommendations from the Yatha Conference have been taken into consideration . Most tertiary institutions have Aboriginal and Torres Strait Islander Support Units which support Indigenous students and assist in the development of cross - cultural training packages.

The Aboriginal and Torres Strait Islander Education Support Centre provided a variety of services to students, teachers,

1996-97 RCIADIC Implementation Report - Part 4 1 36 schools and their communities in developing educational programs . A series of publications were made available and included: Yurangkarda I and 2, a collection of best-practice programs from across Australia;

• Eg Udnum, an additional collection of best practice programs in Aboriginal and Torres Strait Islander educational contexts; • Otitis Media Database Disk and booklet; • Effective Learning and Teaching Booklets; • Binung Talinga Otitis Media information kit for parents.

The establishment of the Murri Thusi Website in 1997 , and the extension of computer technology, has ensured that all Queensland schools are able to access information relating to best practice in Aboriginal and Torres Strait Islander education. This has been specially valuable to remote community schools.

The development of school-based Indigenous Languages Programs has been encouraged and a number of schools have developed community and classroom resources . Considerable consultation is necessary when working on such programs at all stages to ensure that issues such as copyright , transferability, intellectual property ownership etc are clearly identified, and that strategies are determined to deal with these issues.

Aboriginal Studies and Torres Strait Islander Studies for Years 11 and 12 were trialed by nine schools in 1996 and an additional six schools were included in 1997. Twelve of these were State High Schools or State Schools (Pre-school to Year 12), whilst three were from outside the state system.

1996-97 RCIADIC Implementation Report - Part 4 137 41 The Process Reconciliation Part 41 a- L 1

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (DFYCC) The Department of Families, Youth and Community Care has taken a number of initiatives to support the reconciliation process, including: • the provision of grants to organisations throughout the State to promote reconciliation through NAIDOC Week activities; • the production and distribution of consultative protocol documents to promote better understanding between Indigenous and non-Indigenous people; • a specific purpose grant to support a major reconciliation event in Mackay; and • continuing involvement in the work of the State Reconciliation Committee.

The staff of the Department have formed a reconciliation group to foster and support reconciliation within the Department.

On the 9th day of May 1997, the Queensland Parliament unanimously passed a motion, introduced by the Minister for Families, Youth and Community Care and seconded by the Opposition Spokesperson , which committed Queensland to the reconciliation process.

"That the House- affirms its support for policies relating to Aboriginal reconciliation being based upon the principles of non-discrimination , racial harmony and greater understanding between Queenslanders; reaffirms its support for the ongoing process of reconciliation; recognises and values the significant contribution which continues to be made by Indigenous Queenslanders; recognises the special needs of Indigenous Queenslanders; reaffirms its commitment to a policy of consultation regarding Indigenous issues; supports the vision of the Council for Aboriginal Reconciliation which recognises the need for a united Australia which respects this land of ours, values the heritage of Indigenous Australians and provides justice and equity for all."

DEPARTMENT OF PUBLIC WORKS AND HOUSING (DPWH) • DPWH is firmly committed to non -discrimination against all target group people , including Indigenous people, in all of its processes involving the provision of DPWH services. Increased funding for Indigenous housing and the development of a Community Housing Management Strategy are major developments during 1996/97 (R.339).

EDUCATION QUEENSLAND (EQ) A number of activities have been promoted which enhance the process of Reconciliation.

Schools were encouraged to participate in NAIDOC Week activities across the State . A NAIDOC poster depicting students from various cultural backgrounds was forwarded to every State School in Queensland , with the theme Together, we can

1996-97 RCIADIC Implementation Report - Part 4 138 make a difference. NAIDOC was included in the Departmental Calender of Events which is also forwarded to all Queensland schools , and widely used as a referral point for educational events . In addition , officers of Education Queensland provided ongoing support and advice to school-communities on NAIDOC Week programs.

A planner diary is printed and forwarded each year to Aboriginal and Torres Strait Islander employees such as teachers, teacher-aides, community education counsellors, etc. Information which assists schools to identify contact points for Aboriginal and Torres Strait Islander organisations and support groups is included , as well as strategies which help teachers to understand cultural protocols and the needs of Indigenous students.

A Reconciliation Project for Secondary schools was conducted as a pilot in 1997 in conjunction with the Australians For Reconciliation and the Children 's Week Association of Queensland. A second pilot program will be undertaken in 1998. In 1997, a total of six schools took an active part in the process , with other schools indicating interest in becoming involved in 1998. This project sought the involvement of students from both Indigenous and non -Indigenous backgrounds in developing an understanding of the key Reconciliation issues identified by the Council for Aboriginal Reconciliation. Students were to gain an indepth knowledge of one of these issues . The focus included participating in a Student Forum Day where schools presented their knowledge to an invited audience by way of a dramatic performance, dance, mime etc. Elders, local Community people , community education counsellors, Indigenous Police Liaison Officers , teachers and students attended the Forum and took part in the project.

QUEENSLAND HEALTH (HEAL) Queensland Health supports initiatives aimed at improving tolerance and understanding between Indigenous and non- Indigenous Australians . Queensland Health is determined that all its health facilities practise culturally -appropriate protocols and procedures with the aim of making facilities user- friendly for Indigenous people . The Department formed a Cross Cultural Awareness Advisory Committee to oversee the implementation of minimum standards for best practice delivery of Cross Cultural Awareness Training within Queensland Health . These standards are expected to contribute to positive behavioural change which in turn will contribute to better health outcomes for Indigenous people . Queensland Health in the past year has put in place a number of initiatives which have increased access to health services for Aboriginal and Torres Strait Islander people (see Case Study).

QUEENSLAND TRANSPORT (IRAN) AND MAIN ROADS (MR) Queensland Transport (IRAN) and Main Roads (MR) recognise that effective support for reconciliation can be provided by improving Aboriginal and Torres Strait Islander peoples' access to infrastructure, such as roads, air services and maritime services, and to meaningful employment and training opportunities . These issues are also considered in Queensland Transport's New Employee Development Program . The Departments believe they are contributing effectively in this regard.

1996-97 RCIADIC Implementation Report - Part 4 1 39 I

L,, (yam LliuL Post-death Investigation PART 5: CRIMINAL JUSTICE SYSTEM Part 5a: Post-Death Investigations (R.6-R.40)

DEPARTMENT OF JUSTICE (JUS) Review of Coroners Act 1958 JUS has continued its review of the Coroners Act 1958 (R.6 to R.40). In this review, the proposal for the establishment of an Office of State Coroner is being considered . This Office would coordinate all coronial activities in Queensland. Some of those activities would include: • monitoring the investigation of reportable deaths; • issuing guidelines to Coroners (which are developed in regard to cultural considerations); • ensuring that an inquest is held whenever there is a duty to do so under the Act or wherever it is desirable to do so; and • overseeing educational programs.

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) Administration The definition of a death in custody has been incorporated into the National Standard Guidelines for Corrections in Australia. The Guidelines are endorsed by the QCSC.

The investigation process following a death in custody involves an independent investigation undertaken by the police. In addition, an internal investigation is also undertaken by a QCSC employee who is appointed as an Inspector and a person external to the organisation who is also appointed as an Inspector.

In all recent deaths in custody of Aboriginal and Islander people, the external Inspector has been a member of the Aboriginal and Torres Strait Islander community. Inspectors take statement/records of interview from relevant staff and prisoners and complete a profile on the deceased (R.24).

All Inspectors' reports are forwarded to the Board of the Commission and recommendations for the improvement of practices and procedures may emanate from the Inspectors' report. All Inspectors' reports are made available to the Coroner to assist in the full and proper investigation of the death (R.12). QCSC has reviewed the process of managing the recommendations of Inspectors' reports to ensure that any remedial action is effectively implemented.

Procedures in respect of Deaths in Custody have continued to be monitored to ensure notification processes include the Aboriginal and Torres Strait Islander Legal Service and appropriate mechanisms for family notification (R.20).

1996-97 RCIADIC Implementation Report - Part 5 140 Adequacy of Information (R.41-R.47) QCSC monitors the data which is collected following the death of a person in custody and the extended data collection process. It is anticipated that the collection of increased qualitative data will assist in identifying risk factors associated with persons in custody and allow for an enhancement of suicide -prevention strategies.

Computerised statistical data is collected and maintained by the Commission on the Correctional Information System (CIS). Records are collected from the point of reception of an offender to the point of discharge from the system and are maintained by Sentence Management staff throughout the term of imprisonment. Where offenders are re-admitted to the system following a further offence, any existing records are re-activated and updated. The CIS system provides the basis for the collection of generalised statistical information about the population of offenders in both community and custodial correctional centres (R.41, R.45, R.46, R.47).

The statistics which are maintained on the Aboriginal and Torres Strait Islander population include: • Numbers by centre; Age; • Security classification; • Most serious offence; • Escapes; and • Deaths in Custody.

A summary of this data is presented to the QCSC Board and the Director-General on a monthly basis . An Annual Report which provides a comparison of data across a period of the last five years is presented to Parliament and is available to community agencies and members of the public on request . The Commission provides details of Deaths in Custody and conducts an annual prison census to contribute to the data -base maintained by the Australian Institute of Criminology (AIC). The QCSC has been a long-term supporter of common approaches to data collection in the Criminal Justice area (R.47).

QUEENSLAND HEALTH (HEAL) The Queensland Department of Justice intends to review the Queensland Coronial Act 1958 and Recommendation 37 will be considered in that review. Queensland Health will assist as required (R.37).

QUEENSLAND POLICE SERVICE (QPS) QPS Operational Procedures Manual and Phoenix Operational Support Computer System The QPS Operational Procedures Manual (OPM) has incorporated the Custody Manual into Chapter 16 'Custody'. Manuals have been distributed throughout the State for reference by Police personnel. The three volumes contain Service policy, orders, and procedures which integrate, where practicable, the elements of the relevant RCIADIC recommendations. Detailed comments on OPM policy, orders, and procedures are included in the Implementation Table of the RCIADIC recommendations. Chapter 16 of the OPM is currently being reviewed by the Commissioner's Inspectorate and the Criminal Justice Commission (CJC) as part of the Review of the Queensland Police Service (Bingham) Report recommendations.

The Phoenix Project has been developed as a component of the QPS Information Strategic Plan to address two important needs in the Service. These are: • the provision of on-line access to selected legislation; OPM policy, orders, and procedures; Commissioner's Circulars; and other relevant material required by QPS staff, especially operational police; and

1996-97 RCIADIC Implementation Report - Part 5 141 the provision of an interactive method of distance education and learning in those matters contained in the resource material.

Phoenix Release One provides police with access to the Operational Procedures Manual, Commissioner 's Circulars, and selected legislation . This initiative facilitates access by police to information , thereby increasing its practical effect.

1996-97 RCIADIC Implementation Report - Part 5 142 Relations with Police a n a Relations with Police (R.6 1)

DEPARTMENT OF JUSTICE (JUS) Legislative Developments • Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Act 1997 During this period, the Attorney-General introduced the Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Bill 1997, which was subsequently passed by Parliament. This Act adds a refinement to Chapter 58A of the Criminal Code. Chapter 58A is concerned with the summary determination of indictable offences. The power to determine indictable offences summarily was limited to magistrates, because the maximum penalty which could be imposed would be three years' imprisonment, or 100 penalty units - presently $7,500. Under the Justice Act 1986, a magistrates court can be constituted by two Justices of the Peace but only in a place to which a Clerk of the Court has been appointed.

As a result of recent amendment to the Justices Act 1986, if a Clerk of the Court is appointed to a place, he or she can exercise the powers of a magistrate and make the same orders as a magistrate, if the parties consent to the exercise of that power.

The Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Act 1997 will enable a court consisting of a Clerk of the Court and one other Justice of the Peace, or consisting of two Justices of the Peace, to be convened in Aboriginal and remote communities where it is not practical for the Clerk of the Court to decide a matter alone or if the defendant does not consent to his or her doing so.

At present, in remote areas which have only a police clerk of the court , the police clerk of the court cannot decide such matters, even with consent; indeed, he or she is often likely to be the arresting officer. Justices of the Peace, therefore, have to adjourn such cases to a place where a magistrate or clerk of the court can hear it. This may mean that a person is remanded in custody or granted bail and the determination of the matter is delayed This bill will enable a court consisting of two Justices of the Peace to be convened . The delays caused by adjournment and remand to another place will be avoided . One of the most significant benefits will be that Aborigines will not, where detention is necessary, have that detention extended unnecessarily by such adjournments.

QUEENSLAND POLICE SERVICE (QPS) Police Conduct The QPS Code of Conduct, the Police Service Administration Act 1990, the Police Service (Discipline) Regulations 1990, the Non-Discriminatory Language Guide and the Criminal Justice Act 1989, all address conduct requirements, standards, and sanctions for police in Queensland . It is the responsibility of all police officers to comply with the requirements of this legislation.

Supervisors are required to ensure that such compliance is observed. Furthermore, the QPS Professional Standards Unit and the Criminal Justice Commission (CJC) continue to conduct, co-ordinate, or overview investigations relating to alleged breaches of discipline and official misconduct by police officers. (R.60)

1996-97 RCIADIC Implementation Report - Part 5 143 QPS Major Incident Guidelines set out policy, orders, and procedures for deployment and use of specialist squads consistent with national standards. The Special Emergency Response Team (SERT) operates in compliance with strict prerequisite deployment requirements. (R.61)

1996-97 RCIADIC Implementation Report - Part 5 144 Aboriginal People and the Police Part 5c: Aboriginal People and the Police (R.214-R.233)

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC) YOUTH PROGRAM Local Justice Initiatives Program (LJIP) The Local Justice Initiatives Program (LJIP) (former names include Community Justice Response Program and Local Justice Response Program) was developed as part of the Queensland Government's response to a number of RCIADIC recommendations including: R.62, R.87, R.88, R.92, R.104, R.112, R.113, R.187, R.214, R.215, R.220, R.221, R.223, R.235 and R.236. The Program recognises that historical and contemporary factors, including social and economic factors, contribute to the gross over-representation of Aboriginal and Torres Strait Islander peoples in the State criminal justice system.

The Program aims to assist Aboriginal and Torres Strait Islander communities to develop community- based strategies to address law and order issues, including the reduction of crime. It also aims to increase Indigenous participation in justice processes with the overall aim of reducing the number of Aboriginal and Torres Strait Islander people in contact with the criminal justice system.

With the goal of addressing the underlying issues of offending behaviour, the Program provides funds to Aboriginal and Torres Strait Islander communities and organisations to develop strategies within their communities for dealing with justice issues. The Program recognises that it is the members of Indigenous communities themselves who are best placed to plan and implement effective strategies to address these problems in ways appropriate to their particular needs and circumstances. It further recognises that the process of community members coming together to tackle justice issues is empowering and is an expression of the right to self-determination for these communities.

The LJIP is based on community development and planning processes. The Program seeks to provide flexibility in the scope and structure of local justice initiatives, which are to be determined by communities themselves. The Program encourages the development of broader strategies that encompass prevention, early intervention and diversion initiatives, in line with the recommendations of the RCIADIC (R.62), (R.87).

While the Program can provide support for a range of community-generated justice initiatives, the most common type of initiative developed by communities has been the establishment of community justice groups. Community justice groups have been operating at Palm Island and Kowanyama under a pilot scheme for several years and have had widely- acclaimed success in reducing crime rates and rehabilitating offenders.

The Program objectives are to: • increase Aboriginal and Torres Strait Islander communities' knowledge and skills in relation to the justice system; • improve links between Aboriginal and Torres Strait Islander communities and statutory workers, police, courts and other parts of the justice system, including juvenile justice; • assist communities to develop community-based diversionary and interventionist strategies that, in co-operation

1996-97 RCIADIC Implementation Report - Part 5 145 with State agencies, prevent, and provide alternatives to, arrest and custody; • provide opportunities for Aboriginal and Torres Strait Islander input and participation in the rehabilitation of offenders; • sensitise the justice system to the needs and cultural values of Aboriginal and Torres Strait Islander peoples; and • generate appropriate changes to the criminal justice system through funded community initiatives and through its links with the Indigenous Advisory Council (IAC) appointed to advise the Queensland Government.

Regional staff of the Office of Aboriginal and Torres Strait Islander Affairs play a key role in delivery of the LJIP, including assisting communities to develop local justice initiatives , administering LJIP grants, and facilitating the establishment of linkages between Indigenous community groups and relevant justice agencies.

During 1996/97, OATSIA dedicated significant human and financial resources to facilitating the establishment of local justice initiatives in Aboriginal and Torres Strait Islander communities. This involved substantial on-the-ground work by regional staff of the Office with members of Indigenous communities.

As a result, during 1996/97, $1,900 ,835 was expended on 44 projects for local justice initiatives in Queensland Indigenous communities . This included funding for the establishment or continuing operation of community justice groups in more than 30 locations across Queensland, ranging from remote communities such as Kowanyama, Palm Island , Hope Vale and Thursday Island to urban centres such as Townsville , Mackay and Ipswich.

Community justice groups are involved in a range of activities including conducting street patrols , diverting people from the justice system, resolving community disputes , counselling offenders, advising Magistrates on sentences and supervising community service orders . These initiatives have proven particularly effective in dealing with juvenile offenders and have significant potential for addressing the over-representation of Indigenous young people in the juvenile justice system (R.62, R.236). This potential is demonstrated by results from the three pilot communities for community justice groups: Pormpuraaw, Kowanyama and Palm Island . In 1993/94, when the Justice Groups were established , the total number of juvenile appearances in the courts at Pormpuraaw , Kowanyama and Palm Island was 59. In 1996 /97, the total number of juvenile appearances in these courts was 19 . Examples of activities and local initiatives undertaken by funded projects during 1996/97 are as follows:

• The Thursday Island Community Justice Group negotiated a formal protocol with Thursday Island police to establish a process for certain matters to be referred to the Justice Group for mediation between the offender and the victim, as an alternative to charges being brought before the court. • At Mackay, the formation of the Mackay Aboriginal and Islander Justice Alternative Group brought together representatives of the Mackay Aboriginal , South Sea Islander and Torres Strait Islander communities to address issues such as juvenile crime prevention through conducting recreational camps and other local initiatives. • The Aboriginal Coordinating Council was funded to convene a workshop on Aboriginal Customary Law attended by members of several Community Justice Groups and other interested persons. • At Woorabinda, funds were provided for the establishment of a locally-managed program at Black Boy outstation for dealing with issues affecting juveniles , including offending behaviour , substance abuse and petrol sniffing. • In communities such as Hughenden and Charters Towers, the Community Justice Groups were active in organising recreational and sporting activities for young people, and in establishing youth drop-in centres to divert young people from opportunities for offending.

1996-97 RCIADIC Implementation Report - Part 5 146 At Maryborough, the Fraser Coast Local Justice Committee worked with police, schools and other community agencies to address community perceptions of a juvenile crime wave, and to promote reconciliation between the Indigenous and non-Indigenous communities. A number of Community Justice Groups began planning and negotiations for the establishment of outstation programs for the diversion and rehabilitation of community members at risk of offending. At Palm Island, the Community Justice Group provided pre-sentence reports to the visiting Magistrate as a means of providing input to the rehabilitation of offenders. At Kowanyama, Palm Island and in other locations, the Community Justice Groups worked with Community Corrections staff to supervise community service and to ensure that offenders completed orders.

The objective for 1997198 is to continue to resource and support local justice initiatives in terms of training , awareness, networking , funding and on-the-ground assistance , and to ensure that relevant government agencies respond positively and work collaboratively with local Indigenous communities in implementing community-based strategies for addressing justice issues. In particular, OATSIA will be seeking to improve the linkages between these grass-roots justice initiatives and government agencies through local networking and a state-wide forum for discussing community justice issues.

DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS (DTIR) The Associate Diploma in Justice Studies for Aboriginal and Torres Strait Islander people continues to be conducted through the Far North Queensland and Southbank Institutes of TAFE (R.229-R230).

QUEENSLAND POLICE SERVICE (QPS) QPS Strategic Directions for Policing with Aboriginal and Torres Strait Islander Communities The QPS Cultural Advisory Unit is developing a strategic directions document which will complement the QPS Corporate Plan 1995-98 to address the delivery of professional and equitable policing services to Aboriginal and Torres Strait Islander people in Queensland. The final document will be completed in early 1998. (R.225)

QPS Recruiting A QPS 'Equal Employment Opportunity (EEO) Management Plan 1996-2000' has been developed to achieve a membership of the Service which reflects the cultural representation of our society. An 'Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy for 1996-2000' has been developed which aims to increase and improve the representation of Aboriginal and Torres Strait Islander police officers within the Service to 2.4 per cent, and to 3.7 per cent for staff members, by the year 2000.

The recruitment and career development strategies comprise three programs - attraction, recruitment and development and retention. The first phase is to devise Indigenous design based materials and to use Indigenous radio and print outlets to reach the target audience. The second phase aims to improve the recruitment and selection rate for merit-based appointment of Aboriginal and Torres Strait Islander people as police recruits, police liaison officers, and administrative and professional officers. It will also establish and promote traineeships, cadetships and base recruitment programs for staff members.

The third phase of the program is two-fold. The aim is to improve the retention rate of Aboriginal and Torres Strait Islander police officers and staff members through the development and implementation of a range of support services and projects. These strategies have been developed to assist them in their initial employment stage through career training, planning and development to improve the retention rate of Indigenous people within the Service. (R.229)

1996-97 RCIADIC Implementation Report - Part 5 147 An Aboriginal and Torres Strait Islander Career Development Co-ordinator has been appointed, with the EEO Unit, Human Resource Management Branch, to implement the strategy. Aboriginal and Torres Strait Islander police officers currently comprise 1.2 per cent of total police officers and Aboriginal and Torres Strait Islander staff members currently comprise 3.3 per cent of total staff members including Police Liaison Officers. These statistics have been compiled from a survey based on self-identification and are considered an under-estimation of the true numbers.

Bridging Courses (Associate Diploma in Justice Studies for Aboriginal and Torres Strait Islander People) A Certificate of Tertiary Preparation (Aboriginal and Torres Strait Islander) Justice Studies Bridging Course was originally developed in 1991 for Aboriginal and Torres Strait Islander people seeking entry into the QPS recruit training program. It was designed to provide students with a range of competencies. Courses were offered by the Johnstone College of Technical and Further Education (TAFE) at Innisfail, North Queensland and the School of Aboriginal and Torres Strait Islander Education, Southbank Institute of TAFE (Kangaroo Point). The bridging course was developed from a joint project involving the Aboriginal and Torres Strait Islander communities in Innisfail, staff at the local Johnstone College of TAFE, and the QPS.

The Associate Diploma in Justice Studies for Aboriginal and Torres Strait Islander People replaced this course in 1995. The Associate Diploma course has two components. The first component is titled Certificate in Tertiary and Vocational Preparation for Aboriginal and Torres Strait Islander People. The courses have been very successful in providing Aboriginal and Torres Strait Islander students with the necessary knowledge and skills required for selection to undertake the QPS Police Recruit Operational Vocational Education (PROVE) Program. (R.230)

Police Liaison Officers One hundred and two positions now exist for QPS Police Liaison Officers (PLOs) who perform duties in close liaison with Aboriginal and Torres Strait Islander communities throughout Queensland. Their role is to promote trust and understanding between Aboriginal and Torres Strait Islander people and the police, and to actively practice and encourage proactive interventions aimed at crime prevention and reduction.

These officers are charged with the difficult task of mediating between, and providing effective services to, both the community and the police. Overall, they have made a valuable contribution to policing in Queensland through their sensitive and caring interaction with members of the Aboriginal and Torres Strait Islander communities.

The Service has adopted a standard duty statement for all PLOs in Queensland , in conjunction with each police region.

This duty statement serves to clarify their role and function by establishing the objectives and principal responsibilities of PLOs. Upon recruitment, PLOs undergo a two week introductory training course including topics in law, duties, communication , Service procedures, and working with community groups. Ongoing training is provided by each police region where PLOs are attached.

A PLO Education and Training Steering Committee comprising fifteen representatives from the QPS, Indigenous, and ethnic communities is, in conjunction with the QPS Academy, reviewing and upgrading the PLO training program. Seven members of that committee are Indigenous. A Steering Committee will then finalise implementation of the remaining recommendations arising from the first PLO Steering Committee which was formed as a result of a Review of the PLO Scheme. (R.231)

1996-97 RCIADIC Implementation Report - Part 5 148 Community Consultation Service representatives from all police regions, including PLOs, continue to participate in Community Consultative Committee meetings and similar community gatherings (including inter-agency committees, Aboriginal and Torres Strait Islander Legal Service meetings, and Community Shire Council meetings) throughout the State, either as committee members or upon invitation to address issues in line with community policing philosophies (R.214, R.215 & R.220).

Some examples of formal and informal consultation processes are: • The Cultural Advisory Unit of the Office of the Commissioner meets on a monthly basis with the Queensland Aboriginal and Islander Legal Services Secretariat in Brisbane in relation to over-viewing QPS implementation of the RCIADIC recommendations and other current policing issues in Queensland (R.214). • In April 1997, the Aboriginal and Torres Strait Islander / Police Forums were re-established in Brisbane. Meetings are open to any person and are held monthly at Murri Mura, Cordelia Street, West End, on the third Wednesday of each month. The meetings enable two-way communication thereby providing the Indigenous community with the opportunity to raise any current policing issues (R.214). • The Aboriginal and Torres Strait Islander / Police Forum has initiated the establishment of an Aboriginal and Torres Strait Islander Reference Group which will provide the QPS with a formal avenue of consultation with the Indigenous community. The formal role and function of the group is being developed and its composition will include representatives of the QPS and the Indigenous community (R.214). • As a result of the Queensland Police Service Review (Bingham Report) recommendation 127, Mr Neville T Bonner, AO, as Chair of the Indigenous Advisory Council (IAC) has agreed, with Ministerial approval, to act as an honorary adviser to the QPS on Indigenous matters (R.214). • In response to the Queensland Police Service Review (Bingham) Report recommendation 125, the Commissioner has delegated the Assistant Commissioner, Far Northern Region, to attend meetings on his behalf, of the Islander Co-ordinating Council and Aboriginal Co-ordinating Council. The Commissioner will attend when possible (R.215). • PLOs continue to provide the QPS with an effective bridge in their liaison role between the Service and the Indigenous community. The total number of Indigenous PLOs in Queensland has now increased to 102. A total of $2.5 M was expended from the QPS budget on PLO salaries in the 1996/97 financial year (R.214). • Police officers stationed at Kowanyama, Palm Island, and Pormpuraaw in North Queensland have regularly attended Community Justice Group (CJG) meetings with Aboriginal and Torres Strait Islander elders and other representatives to address justice concerns in the community, including public drinking, domestic violence, and truancy (R.214). • Police officers and PLOs stationed at Goondiwindi in the Southern Police Region regularly meet on an informal basis with Aboriginal Legal Service, youth, and community representatives, both locally and at Toomelah and Boggabilla in New South Wales (R.214).

Cultural Advisory Unit On 3 March 1997, the Cultural Advisory Unit was transferred from the Operations Support Command to the Office of the Commissioner. There is now direct access to the Commissioner and the Senior Cultural Adviser. The Mission of the unit is to promote and maintain effective relationships between members of the QPS, ethnic and Indigenous communities based on open communication, mutual understanding, respect, tolerance and trust.

The key objectives of the unit are to (1) ensure that QPS policies and programs are culturally appropriate and equitable; (2) provide advice and support to the Commissioner of Police and Senior Executive Officers on matters relating to ethnic

1996-97 RCIADIC Implementation Report - Part 5 149 and Indigenous policing issues; (3) identify and provide advice on trends and emerging issues of concern to police, ethnic and Indigenous communities; and (4) provide ongoing support to operational police and other Service personnel.

The Cultural Advisory Unit represents the Commissioner and the QPS nationally and throughout Queensland on inter- governmental departmental committees on Indigenous and ethnic policing -related issues. The unit has input into areas of policing from recruitment , education, training , policy and program development. In addition, it has a role in over-viewing PLOs, regional cross-cultural liaison officers, and Aboriginal and Torres Strait Islander community police officers; in the implementation of RCIADIC recommendations and associated issues ; and implementation of the Review of the Queensland Police Service (Bingham Report) recommendations relating to Indigenous and ethnic issues (Chapter 8).

The established strength of the unit is now six with an Inspector in charge, two Senior Sergeants , two Sergeants, and one Administration Officer. Selection to the unit is by merit.

Inspector Colin Dillon, presently on three years leave from the QPS whilst an ATSIC National Commissioner, was formerly Inspector in charge of the unit. As he is still a member of the Service and an Indigenous person, he is available to the unit for advice and guidance as required. There is currently one other officer attached to the unit who identifies as a Torres Strait Islander. (R.225)

School-Based Policing A School-Based Policing program has been established as a joint initiative of the Queensland Police Service and Education Queensland. The program aims to assist school communities to achieve educational, development and preventative outcomes for locally identified policing issues through the provision to that community of a police officer.

The appointment of school-based police officers to a school cluster (schools comprising one or two high schools and their feeder primary schools) assists the schools and the community by (1) addressing identified needs within the school community; (2) assisting teachers in developing and presenting curriculum material to meet police and school community needs; and (3) undertaking initial response and investigation of offences within the parameters of the school.

Participation by school-based officers in the education of students is an integral part of the current approach to policing, which places a greater emphasis on community involvement. It is not the intention of the program for school-based police officers to undertake functions which would ordinarily be carried out by teaching staff.

School-based officers report directly to the Officer in Charge, Juvenile Aid Bureau in the division where the cluster is located; or where there is no Juvenile Aid Bureau, to the Officer in Charge of the nominated division where the school cluster is located.

The roles and functions of a school based police officer are: • delivering lectures and providing information on law, police duties and other related topics which support the school curriculum; • the initial investigation and recording of all offences reported to the officer within the school cluster; • providing advice, where appropriate, to members of the school community with regard to traffic matters, property and personal safety; • establishing and maintaining open communications with relevant youth welfare agencies; • providing referral to other agencies where appropriate;

1996-97 RCIADIC Implementation Report - Part 5 150 • co-ordination and operation of School Watch, Safety House and Property Identification; and • co-ordination of the Adopt-a-Cop program within the school cluster.

The following State High Schools have a school based police officer - Smithfield, Thuringowa, Kirwan, Pimlico, Heatley, William Ross, Townsville, Mount Isa, Kalkadoon, Hervey Bay, Urangan, and Redbank Plains.

It is intended to expand the program into Gladstone, Mackay, Inala, Woodridge, and Bray Park/Pine Rivers in 1998. Many of these schools have a high proportion of Indigenous students.

Police selected as school-based officers complete a two week School -Based Police Officer Induction Course which includes two modules on Indigenous and gender issues . Indigenous PLOs and Education Queensland cultural officers attend the courses and speak to school-based officers. It is a requirement that officers appointed to the program must have cultural sensitivity and understanding . (R.227)

Indigenous Traineeships The Queensland Police Service offered twenty traineeships to Aboriginal and Torres Strait Islander people in 1997. The traineeships were offered as part of the QPS Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy. It is expected that a number of these students will be appointed to the January 1998 intake of police recruits.

A further twenty traineeships will be available in February 1998. PLOs and other staff members are encouraged to apply for the traineeships and if selected will be granted leave from their position to undertake the program.

Successful applicants who undertake the traineeships will commence by undertaking the twelve month Diploma in Justice Studies for Aboriginal and Torres Strait Islander People at the Far North Queensland Institute of TAFE, Innisfail, or the Southbank Institute of TAFE, Kangaroo Point. (R.229)

Aboriginal and Torres Strait Islander Recruitment and Career Development The QPS Equal Employment Opportunity (EEO) Management Plan 1996-2000 has been developed to achieve a membership of the Service which reflects the cultural representation of our society. An 'Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy for 1996-2000' has been developed which aims to assist Indigenous people achieve equal access to employment, income and social equity through the introduction of three programs: attraction; recruitment; development and retention. These programs are being realised through marketing initiatives; the employment of an Indigenous Career and Development Co-ordinator in the EEO Unit of the Human Resource Management Branch; opening of the North Queensland Campus of the QPS Academy and associated training of recruits on cross cultural issues; as well as enhanced education opportunities for Indigenous people with the offering of traineeships at the Johnstone Campus and Kangaroo Point Campus of TAFE.

The goal for Indigenous representation in the QPS has been set at 2.4 percent for police officers and 3.7 percent for unsworn members, based on self identification. Aboriginal and Torres Strait Islander people in the QPS comprise 2.3 percent of both police and unsworn employees. Indigenous police officers comprise 1.2 percent of total police officers. Indigenous representation in the QPS during 1994/95 was higher than the public sector average. As at 30 June 1996, 68 unsworn members identified as Indigenous, and 83 police officers identified as Indigenous.

These statistics are based on voluntary self-identification and are considered an underestimation of the true numbers.

1996-97 RCIADIC Implementation Report - Part 5 151 Indigenous unsworn separations increased between 1993/94 and 1995/96 while indigenous police separations decreased. (R.229)

A bridging course, 'Aboriginal and Islander Justice Studies', is currently being offered at Johnstone College of TAFE at Innisfail and Southbank TAFE to assist Indigenous people to meet QPS entry standards. As a result, 39 graduates of these courses have become police recruits. It is unknown how many have become unsworn QPS employees. (R.229)

Review of Policing on Remote Aboriginal and Torres Strait Islander Communities The QPS report on the Review of Policing on Aboriginal and Torres Strait Islander Communities [Deed of Grant in Trust (DOGIT), Mornington Island and Aurukun communities] resulted from broad community consultation. The report contains recommendations concerning the delivery of policing services on remote Aboriginal and Torres Strait Island communities in Queensland. It includes a detailed review of the role and employment of Aboriginal and Torres Strait Islander Community Police Officers. Following Cabinet approval in 1997 to release the report and its 86 recommendations for community consultation, the QPS and Department of Families, Youth and Community Care are undertaking that consultation and a feasibility study, and will prepare a joint Cabinet submission in early 1998 on the outcome. (R.232)

1996-97 RCIADIC Implementation Report - Part 5 152 Diversion from Police Part 5d: Diversion from Police Custody (11.79-11.91)

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC) The Office of Aboriginal and Torres Strait Islander Affairs manages the Diversion from Custody Program. The primary objective of the Program is to establish and fund diversionary centres which assist Aboriginal and Torres Strait Islander people who are a risk to themselves or others as a result of intoxication by providing non-custodial facilities which offer sobering-up support, related counselling , information and referral services and watchhouse cell visitor services (R.80), (R.81), (R.287).

In 1996/97 the Program had a budget of $3,568 ,503 and funded diversionary centres in Brisbane , Rockhampton, Mount Isa and Cairns. The construction of a $860 ,000 purpose-built diversionary centre in Rockhampton was completed and the centre became operational in December 1996. In Townsville a watchhouse cell visitor service was operational with a diversionary centre proposed for 1997/98.

The Office has been extensively involved in discussions regarding public drunkenness in Townsville 's, Hanran Park. Other parties to these discussions include members of the local Aboriginal community , Townsville City Council and the Queensland Police Service . The Office has assisted in the development and implementation of a plan to deal with this issue in a constructive and conciliatory manner (R.80), (R.81), (R.82), (R.84).

In August 1996 an internal review and evaluation was completed of Diversionary Centre/ Watchhouse Cell Visitor Services with a view to developing a "best-practice model". The Department held a state-wide seminar, at which funded services workshopped the recommendations of the review. The seminar also provided the opportunity for cross -organisational policy development and information sharing. Implementation of the recommendations of the review have commenced.

QUEENSLAND HEALTH (HEAL) Queensland Government has endorsed a new policy on the management of public drunkenness . These recommendations refer in general to the decriminalisation of the offence of public drunkenness and the establishment of alternative strategies to enable intoxicated persons to be cared for without being arrested and taken into custody.

Consecutive governments have considered this issue and decided not to decriminalise the offence but rather opt for a framework for the management of public drunkenness. An Interdepartmental Committee chaired by Queensland Department of Health oversees this process and the implementation of initiatives.

The major issue for which Liquor Licensing is primarily responsible is the control of "marketing and serving practices which may increase the likelihood of public drunkeness ". The Division has attempted to achieve this through a number of initiatives, including:

introduction of the Responsible Hospitality Regulations in 1995; the conduct of various awareness programs, in particular the "No More . It's the Law" initiative, aimed at both the liquor industry and the general public; the introduction of an accredited training program targeting licensees and liquor servers . The competency-based

1996-97 RCIADIC Implementation Report - Part 5 153 Responsible Service of Alcohol program was designed with accessibility as a major criterion . The training package includes a video , workbook and other resources which can be completed at a licensee 's or staff member's own pace and in their own time; and targeted investigatory focus on intoxication issues.

Section 173 of The Liquor Act provides that it is generally an offence to consume liquor in a public place . The section also provides for determination by the Local Authority of where liquor can be legally consumed in public places . It is the responsibility of the relevant Local Authority to consult the local community in respect of public place liquor consumption.

Before permits are issued by the Liquor Licensing Division for special events where liquor is consumed in a public place, the Division consults with the Local Authority and Policy and, if it is within an Aboriginal community or involves a significant Aboriginal population, with relevant Aboriginal groups.

QUEENSLAND POLICE SERVICE (QPS) Review of Policing Needs in the Torres Straits As a result of the Review of the Queensland Police Service (Bingham) Report recommendation 130 that " ... the Commissioner conduct a full analysis of the policing needs of the Torres Strait", the Commissioner's Inspectorate formed a working party to examine all identifiable policing needs in the Torres Straits. This review included consultations with police and the community at Thursday, Horn, Badu, Saibai, York, Jam, Darnley, Murray, Coconut and Sue Islands and Kubin Village. A report on the result of the review is anticipated in early 1998. (R.88)

Meetings with the Queensland Aboriginal and Islander Legal Services Secretariat The Cultural Advisory Unit of the Office of the Commissioner meets on a monthly basis in Brisbane with the Queensland Aboriginal and Islander Legal Services Secretariat in relation to over-viewing the implementation of the RCIADIC recommendations and other current policing issues in Queensland. (R.88)

Alternatives to Arrest Six major strategies have been included in the Strategic Directions for Policing with Aboriginal and Torres Strait Islander Communities final draft document, which has been compiled after community consultation. One of these strategies is to maximise the appropriate use of alternative action to arrest and ensure, when arrest is necessary, safe and secure custody. It is proposed that this document be finalised in early 1998 (R.87, R.88).

1996-97 RCIADIC Implementation Report - Part 5 154 Custodial Health and f Part 5e: Custodial Health and Safety (R.122-R.167)

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC) Youth Program Under the Office's Diversion from Custody Program , watchhouse cell visitor services were funded in Brisbane, Rockhampton , Townsville , Mount Isa and Cairns. In addition watchhouse cell visitor services were funded under Community Care 's Management of Public Intoxication Program in Brisbane , Maryborough and Mackay . Watchhouse cell visitor services visit watch -houses operated by the Police and provide assistance by observing detainees , facilitating effective communication between detainees and staff , offering company and support to detainees in the interests of preventing self injury and identifying symptoms suggesting the need for medical attention, and providing information and referral services (R.145), (R.172).

DEPARTMENT OF PUBLIC WORKS AND HOUSING (DPWH) The Health , Law and Order section of Project Services continues to liaise with the Queensland Police Service and the Corrective Services Commission regarding the fitout of police cells and prisons , and in particular visual and television monitoring , hang proof fixings, alarm and intercom systems, padded cells and other issues (R.140).

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) QCSC introduced the Aboriginal and Torres Strait Islander HIV/Aids Education Program into Queensland correctional centres in 1995 . The program was received by a range of organisations for distribution and use in a wide variety of settings outside the correctional environment . The QCSC has also received additional limited funding to develop sexual health information formats for Aboriginal and Tories Strait Islander offenders.

Protocols have been developed to facilitate programs by State Health Indigenous Sexual Health Workers to work with Aboriginal and Torres Strait Islander inmates and detainees in Queensland.

Protocols have been developed to facilitate the visitation program to all South-East Queensland correctional centres and juvenile detention centres by Indigenous Mental Health Workers employed by the Brisbane Aboriginal and Islander Community Health Service.

During 1995/96, the first Crisis Support Unit was opened at Moreton Correctional Centre . The unit is purpose built to provide short-term accommodation , observation and intervention for suicidal prisoners . A Crisis Support Unit is also operating at the Woodford Correctional Centre, which opened in 1997. Approval has also been given for the construction of a Crisis Support Unit at Townsville Correctional Centre.

An annual conference is organised for Visiting Medical Officers employed by the QCSC. QCSC also sponsors an annual Nursing Supervisor's Conference attended by all nursing supervisors throughout Queensland adult and juvenile facilities. At each of these forums , a session specifically devoted to Aboriginal and Torres Strait Islander health is included as a topic for discussion.

1996-97 RCIADIC Implementation Report - Part 5 155 QCSC continues to provide nursing services on a 24 hour basis. Regular medical clinics are conducted according to the requirements of the particular Correctional Centre. General Practitioner services are also available on an on-call basis, 24 hours per day (R.150).

The services of metropolitan and provincial-based hospitals are available on a 24 hour basis also. Where possible, services of specialised Aboriginal and Islander Community Health Services are utilised. An Aboriginal doctor provides services at Sir David Longland Correctional Centre. The Brisbane Aboriginal and Torres Strait Islander Community Health Services provide weekly sessions at Brisbane Womens' Correctional Centre, and the Townsville Aboriginal and Torres Strait Islander Community Health Centre provides weekly sessions at Townsville Womens' Correctional Centre and, on a regular basis, to the Cleveland Youth Detention Centre in Townsville (R.150, R.152).

During the assessment of each inmate, all matters pertaining to health issues are taken into consideration. All correctional officers and staff are encouraged to maintain current Cardio-Pulmonary Resuscitation (CPR) techniques and all correctional officers are taught First Aid in their recruitment training (R.160).

The QCSC policy on the transfer of prisoners was reviewed in 1995 /96 and amended to include immediate risk and other medical information . This amendment will ensure that all immediate health needs of prisoners are conveyed to correctional centre health staff immediately on the transfer of a prisoner . The medical histories of Aboriginal and Torres Strait Islander people are obtained and all prison medical files go with the inmate on transfer to another Centre. Correctional Centres have been actively attempting to recruit Indigenous registered nurses , however very few qualified staff are available in this field (R.157, R.166).

The QCSC is currently piloting a health medical data collection process for use at the point of Induction . The pilot will be evaluated during 1996-97 and, if effective, will be implemented across all Correctional Centres.

Suicide Prevention Strategies In 1994, the Commission approved a Suicide Prevention Strategy. The Strategy incorporated a review of screening procedures for prisoners received into Correctional Centres, procedures outlining minimum standards for the management of at-risk prisoners, the use of a "buddy system" as support for suicidal or at-risk prisoners and the design and construction of a crisis support unit. The "buddy system" is also operating in juvenile detention centres (R.181).

In 1995/96, the Commission reviewed progress on the approved strategy and established that the previously planned initiatives had been implemented. As part of the review, a number of additional suicide prevention initiatives were identified for implementation. These included:

Suicide prevention is included in all QCSC pre-service training; The QCSC has an ongoing commitment to build and modify all cell accommodation to be as free of hanging points as possible; The establishment of a pilot Aboriginal and Torres Strait Islander support worker scheme involving the attendance of an Aboriginal support worker to specified centres prior to lockdown; The establishment of a program at the Arthur Gorrie Correctional Centre where inmates deemed to be at risk of self-harm are grouped together for overnight observation; The expansion of a data base in relation to deaths in custody to incorporate a range of qualitative information which may assist in establishing suicide prevention strategies; and

1996-97 RCIADIC Implementation Report - Part 5 156 • The employment of an Aboriginal and Torres Strait Islander Cultural Adviser at the Sir Leslie Wilson Youth Detention Centre, to be in the centre in the late afternoon and early evening periods, on a five day per week basis.

QUEENSLAND HEALTH (HEAL) Queensland Health, in consultation with the Aboriginal and Islander Community Health Servic (AICHS), and the Queensland Police Service, has developed a Custody Awareness Lecture Package which includes training on: • legal obligations and (Duty of Care) liabilities; • assessment, inspection and supervision responsibilities; and • the mental and physical health requirements of people in custody.

The Queensland Mental Health Policy Statement for Aboriginal and Torres Strait Islander People identifies mentally ill offenders in custody as a priority group. The group's needs are addressed by the draft Forensic Mental Health Services Policy, issued for consultation within reference groups and government agencies in October 1996. Public consultation was conducted in August 1997.

There is now a full-time position for an Aboriginal and Torres Strait Islander Mental Health Worker at the John Oxley Memorial Hospital.

Queensland Health provides psychiatric assessments when requested by the Queensland Corrective Services Commission.

QUEENSLAND POLICE SERVICE (QPS) Nurses in Watchhouses A Nurses in Watchhouses project has been implemented after a successful trial in Cairns. Seeding funding of $75,000, and $240,000 annually is being provided by Queensland Health to provide visiting nurses in 24 hour police watchhouses in Queensland. This is a three phase project involving Brisbane City, Cairns, Townsville, Mount Isa, Rockhampton, Maroochydore, Ipswich, Southport, Holland Park, Innisfail, Mareeba, Normanton, Mackay, Gladstone, Bundaberg, Murgon, Toowoomba, Warwick, and Beenleigh watchhouses. (R.127)

Cell Visitors Scheme A 'Part Time Cell Visitors' project, which is funded by the Department of Families, Youth and Community Care, has provided recurrent funding of $45,000.

This project arose from recommendations of the Interdepartmental Committee on the Management of Public Intoxication.

The project provides for the establishment of part-time cell visitor schemes at watchhouses that do not currently have funded cell visitors. Best practice has been established for the provision of registered cell visitors on a part-time basis. Continuance of this program will provide assistance to watchhouse managers for the care and supervision of prisoners. Ten watchhouses were selected throughout the State to participate in a trial which was completed on 30 June 1997. After evaluation of the trial, it is expected that the future of the scheme will be a regional responsibility.

Queensland Corrective Services Commission/Queensland Police Service Memorandum of Understanding (MOU) Negotiation between the Queensland Corrective Services Commission (QCSC) and the QPS has resulted in a MOU being

1996-97 RCIADIC Implementation Report - Part 5 157 signed regarding the transfer of information between custodial institutions and watchhouses about the physical or mental condition of an Indigenous person and the procedures to be followed. (R.130)

Police Watchhouses Existing watchhouses and holding facilities have been inspected and, subject to resource availability, modified where hazards and surveillance needs have been detected. All new watchhouse facilities include 'state of the art' design and surveillance equipment. Old facilities have been upgraded with new surveillance equipment and two-way intercoms have been installed. New facilities comply with: (1) 'Standard Guidelines for Police Custodial Facilities in Australia; (2) 'United Nations Minimum Standards for the Treatment of Prisoners; and (3) Provisions of the Building Code of Australia. Consultation for watchhouse design has been undertaken with the Human Rights Commission, Aboriginal Justice Advisory Committee, Aboriginal and Torres Strait Islander Commission (ATSIC) and operational police. Independent academics are acting as consultants on the design of new facilities. (R.139)

New facilities have observation cells without the sensory deprivation associated with padded cells. Violent prisoners are placed in these cells, which all have video monitoring. (R.142)

Cells in new facilities are now grouped in modules around a central exercise area. Arrangements encourage interaction and visual access. Non-contact visitor areas are built into new facilities. In Aboriginal facilities, visitor courts are provided for extended visitations. Extensive community and key agency consultation occurs regarding design. Local communities are consulted in the design phase and are kept informed of progress. Plans and a model are publicly displayed before building commences. (R.148)

New design standards allow prisoners to move freely between exercise areas and cells during periods of exercise. In new Aboriginal and Torres Strait Islander community facilities, the access extends to exterior exercise areas. Due to the configuration of existing facilities, it is difficult to achieve this when re-fitting these facilities. (R.149)

A total of 262 watchhouses state-wide have been inspected and categorised, and many have been decommissioned.

Categorisation was based on staff, demand, court facilities and facility condition. All remaining facilities have now been hang-proofed. The Social Justice Commissioner commented (Social Justice Commission Report, 1996) "... the chalkboard project at Murgon Watchhouse is another example of a means of reducing the oppressive nature of cells with hanging points removed. ... But it is difficult to take one's life with a piece of chalk. The project is a brilliant and culturally adapted solution to the problem of the onset of suicidal depression in cells". (R.165)

First Aid and Resuscitation As a result of the Commissioner's Inspectorate research into the safest and most effective resuscitation equipment for police watchhouses, all watchhouses are now equipped with resuscitation masks, as are all operational police vehicles. Section 16.22.3 of the Operational Procedures Manual requires watchhouse keepers to ensure that all police officers are trained in the use of first aid and resuscitation equipment. (R.159)

All police recruits must have a current First Aid Certificate and maintain it through the First Year Constable Program. Localised training by district education and training officers supplements first aid training by the Competency Acquisition Program, which is available by distance education to all police in Queensland. (R.160)

1996-97 RCIADIC- Implementation Report - Part 5 158 Police Recruit Operational Vocational Education (PROVE) Program Police recruits receive training on custody and duty of care issues. At the conclusion of Module One, recruits should be able to demonstrate a sound understanding of law and duty requirements extending from the time of arrest to release from custody. Topics include bail, duty of care, officer safety, security, medication, special need prisoners, deaths in custody, and interpersonal skills. Module Two consists of performing duty at a police station where recruits receive practical training in watchhouse and custody procedures. Module Five further addresses duty of care and includes a competency test in the processing of an offender through a watchhouse. For recruits to be deemed competent, they must maintain prisoner security and follow correct search procedures. Module Seven applies duty of care legislation and the QPS Operational Procedures Manual guidelines to the care of persons in custody, including specific issues in dealing with intoxicated Aboriginal and Torres Strait Islander prisoners.

Recruits also visit the Brisbane City Watchhouse and observe procedures involved with prisoner custody. During the final week of the recruit training program, Applied Policing Sessions are undertaken which allow recruits to process an offender through a mock watchhouse. At the conclusion of the session, recruits are debriefed on their performance and any procedural issues which may arise are fully addressed by supervising staff members (R.163),

Project Lighthouse Review of Critical Incidents and Use of Force Project Lighthouse has been established to address risks associated with the use of lethal force, firearms, non-lethal force and operational skills training in response to high risk situations.

The principal goals of the Project are to clarify the 'use of force' philosophy and policies; to standardise and upgrade firearms, accoutrements and training equipment currently available to police; and to introduce formalised training packages in order to address the need for an integrated operational skills and firearms training program . The first phase is now well underway with the development of a Police Operational Skills Training (POST) instructors manual the commencement of POST training at the QPS Academy. State-wide POST training is to be completed by December 1997. The QPS philosophy is based on "COPS" (Consider all Options and Practice Safety). COPS considers presence, communication, accoutrements, open-handed tactics , baton, tactical withdrawal, and closed hand tactics. POST training is now conducted twice yearly. (R.163)

1996-97 RCIADIC Implementation Report - Part 5 159 Imprisonment a t Resort Part 5f: Imprisonment as a Last Resort (R.92-R.121)

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (DFYCC) In 1996/97, the Local Justice Initiatives Program funded the establishment or continuing operation of community justice groups in more than 30 Aboriginal and Torres Strait Islander communities across Queensland . These groups enable the local development and implementation of community-based strategies for addressing the over-representation of Indigenous persons in the criminal justice system . A number of community justice groups are eager to provide greater input to courts conducing sentencing of Indigenous offenders . At Palm Island, the community justice group has provided pre-sentence reports to the visiting Magistrate for a number of years . As newly-established community justice groups develop linkages with the court system , and Magistrates become more aware of the valuable contribution which justice groups can make, it is expected that this practice will expand (R.104).

Community justice groups have also expressed a desire to develop more community-based sentencing options (such as community service programs, and outstation programs) as alternatives to custodial sentences (R.112, R.113). Some justice groups commenced planning and negotiations for establishing outstation programs where offenders (particularly juveniles) could complete sentence orders.

More details of initiatives sponsored under the Local Justice Initiatives Program are provided under the section "Aboriginal People and the Police".

DEPARTMENT OF JUSTICE (JUS) The Aboriginal and Torres Strait Islander Dispute Mediation Project, run by the Alternative Dispute Resolution Branch within JUS, continued to focus on the provision of training and conflict resolution services in small and community -wide disputes.

Justice of the Peace training was completed in the remote communities of Mornington Island, Napranum and Doomadgee. In all, 190 people have been trained in Aboriginal and Torres Strait Islander Communities throughout Queensland, with 112 people appointed as Justices of the Peace (Mag Ct). Refresher training was also provided to the communities of Kowanyama and Thursday Island (R.96).

The Department is also involved in the steering committee of the Local Justices Initiatives Program coordinated by the Department of Families , Youth and Community Care (as it is now known ). The local justice initiatives program aims to support Aboriginal and Torres Strait Islander Communities to implement initiatives aimed at maximising community participation in the criminal justice system and the delivery of a more culturally-appropriate system of justice (R.96).

Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Act 1997 During this period , the Attorney-General introduced the Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Bill 1997, which was subsequently passed by Parliament. This Act adds a refinement to Chapter 58A of the Criminal Code. Chapter 58A is concerned with the summary determination of indictable offences. The power to determine indictable offences summarily was limited to magistrates because the maximum penalty which could be

1996-97 RCIADIC Implementation Report - Part 5 160 imposed would be three years' imprisonment, or 100 penalty units - presently $7,500 . Under the Justice Act 1996, a magistrates court can be constituted by two Justices of the Peace but only in a place to which a Clerk of the Court has been appointed.

As a result of recent amendments to the Justice Act 1986, if a Clerk of the Court is appointed to a place, he or she can exercise the powers of a magistrate and make the same orders as a magistrate , if the parties consent to the exercise of that power.

The Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Act 1997 will enable a court consisting of a Clerk of the Court and one other Justice of the Peace , or consisting of two Justices of the Peace, to be convened in Aboriginal and remote communities where it is not practical for the Clerk of the Court to decide a matter alone, or if the defendant does not consent to his or her doing so.

At present, in remote areas which have only a police clerk of the court, the police clerk of the court cannot decide such matters, even with consent; indeed , he or she is often likely to be the arresting officer. Justices of the Peace , therefore, have to adjourn such cases to a place where a magistrate or clerk of the court can hear it. This may mean that a person is remanded in custody or granted bail and the determination of the matter is delayed . This Act will enable a court consisting of two Justices of the Peace to be convened . The delays caused by adjournment and remand to another place will be avoided . One of the most significant benefits will be that Aboriginals will not, where detention is necessary, have that detention extended unnecessarily by such adjournments (R.94 & R.104).

Under the Act, the Justices will have a limited jurisdiction to deal only with those indictable offences where (a) if a matter under section 552A and 552B of the Criminal Code is an offence involving property , the value of the property or damage or destruction to property is not more than $2,500; and (b) in any case, the Justice of the Peace is satisfied that he or she can adequately deal with the matter by not imposing a penalty of more than six months ' imprisonment or 100 penalty units ($7,500).

QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) The QCSC continues to operate one of the widest ranges of non -custodial options for the management of offenders of any Australian correctional jurisdiction . These options include community-based sentencing options , custodial placement alternatives such as the Work Outreach Camps (WORC) program and post-sentencing community-based placements.

To target these alternative options for Aboriginal and Torres Strait Islander offenders, a number of structures have been put in place to allow offenders to be supervised in close proximity to their local communities , particularly in the northern regions. Aboriginal and Tories Strait Islander people are employed to supervise offenders on community-based orders within their community. This is occurring in a number of locations, including Mornington Island , Kowanyama, Normanton, Weipa and Bamaga.

In addition , an Aboriginal project has been established to identify and implement alternate correctional strategies for remote Aboriginal communities (R.94, R. 112, R.113, R.114, 8.116, R.119). The principle of this project is that Aboriginal people will assume control and responsibility in the provision of corrective services and the identification of social issues which need to be addressed in order to reduce the rate of offending . The following results have been achieved:

1996-97 RCIADIC Implementation Report - Part 5 161 Wathaniin Outstation Wathaniin Outstation is operated by the Aurukun Community Council and is located close to the Aurukun community. It offers pre-release options for Aboriginal and Torres Strait Islander prisoners which significantly reduce the number of Aboriginal and Torres Strait Islander people in secure custody facilities . The community justice group at Aurukun plays a role in justice issues impacting on the Aurukun community.

Baa's Yard Outstation This facility, which is located outside Pormpuraaw Aboriginal Community, performs the same function as that at Wathaniin. It is operated by the Pormpuraaw Community Council. The community justice group which operates at Pormpuraaw plays a role in justice issues impacting on the Pormpuraaw community.

Kitchener Bligh Outstation The Commission has established an Area Office to deal with offenders in a culturally-appropriate way on Palm Island. Kitchener Bligh Outstation has been established as a pre-release facility for Indigenous prisoners. This facility is currently being managed by the Palm Island Alcohol and Drug Rehabilitation Centre (PIADRAC). There is a community justice group operating on Palm Island which takes a role in justice issues impacting on the Palm Island community.

KASH Outstation KASH Outstation has been established 11 kilometres from Mt Isa. This facility is managed by the KASH (Kalkadoon Aboriginal Sobriety House) Aboriginal organisation.

Kowanyama An agreement has been established with the Kowanyama Community Council to employ a Community Development Officer to provide supervision of community-based orders. The Kowanyama Community Justice Group has also been established and operates in conjunciton with the Community Development Officer, in a similar manner to other community justice groups.

In relation to juvenile detainees, QCSC juvenile detention staff work with officers from the Department of Families, Youth and Community Care on pre-release and post-release options for detainees.

Other Initiatives The QCSC has continued to develop creative alternatives to the placement of prisoners in secure custody. During 1995/96 the QCSC developed an alternative to secure custody for young adult offenders. The program is called Management Alternatives for Young Groups in Custody. The program consists of three phases, one of which includes a 10 week wilderness experience. Offenders who successfully complete the wilderness component will subsequently progress to the Community Custody Program.

The QCSC also continues to contribute to the Return Home Pilot Project operating in Cairns and Mount Isa. The aim of the project is to return Aboriginal people to their local community following contact with the Criminal Justice system. The Cairns and Mount Isa Community Corrections Area Offices provide administrative support for the operation of the project.

The process of establishing and maintaining initiatives of this type within Aboriginal communities are on-going.

1996-97 RCIADIC Implementation Report - Part 5 162 QUEENSLAND POLICE SERVICE (QPS) Disposal of Warrants The QPS destroys warrants under the authority of the Disposal of Unexecuted Warrants Act 1985. QPS policy authorises the destruction of warrants of commitment after 10 years of existence, and arrest warrants after 20 years of existence, subject to assessment of fine amounts and the seriousness of the offences involved . To date, about 30,000 warrants have been destroyed . The introduction of Polaris has streamlined warrant handling and management procedures thereby increasing the likelihood of quicker arrest/satisfaction of warrants and decreasing of the incidence of warrants being held for long periods. (R.120)

Trial of EFTPOS Facilities in Watchhouses The QPS Board of Management approved a six month trial of EFTPOS electronic banking machines in selected watchhouses in Queensland to facilitate payment of warrants and the early release of 'warrant' prisoners. This coincides with the trial of the Mobile Integrated Network Data Access (MINDA) system which commenced in April 1996. Introduction of the MINDA system is expected to lead to an increase in the number of warrants executed by police . It is proposed that the use of EFTPOS for bail payments will be considered at a later stage. (R.89)

1996-97 RCIADIC Implementation Report - Part 5 163 Breaking the Cycle Aboriginal Youth Part 5g :a Breaking the Cycle: Aboriginal Youth

(R . 234-R.245)

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC) In 1996/97, the Local Justice Initiatives Program funded the establishment or continuing operation of community justice groups in more than 30 Aboriginal and Torres Strait Islander communities across Queensland . These groups enable the local development and implementation of community-based strategies for addressing the over-representation of Indigenous persons in the criminal justice system . Community justice groups have paid particular attention to issues relating to juvenile offending and over-representation, in recognition of the opportunities for early intervention at the local level, and in recognition of the serious long-term effects of the cycle of juvenile offending (R.235, R.236, R.238). Local strategies developed by community justice groups include early intervention and crime prevention, as well as strategies involving greater community involvement in the administration of the juvenile justice system. More details of initiatives sponsored under the Local Justice Initiatives Program are provided under the section "Aboriginal People and the Police".

Crime Clean-Up Team The Crime Clean-Up Team commenced operation in December 1995. Up to 31 August 1997, it has had 41 Aboriginal and Torres Strait Islander young people complete their Community Service Orders, and in addition there have been eight Immediate Release Orders, all of which were successfully completed. The ongoing objective of this program is to develop service-model options and to monitor and evaluate programs and services.

The team is established in the Inala area and initially focused on the Brisbane/Ipswich corridor. The project focuses on young people subject to Community Service Orders who clean up graffiti and other vandalism. Other activities include tree planting and assistance in the maintenance of housing stock. Arrangements have been made with the local schools, Councils and voluntary organisations to identify sites to be cleaned up.

1996-97 RCIADIC Implementation Report - Part 5 164 Young Aboriginal People and the Juvenile Justice Part 5h : Young Aboriginal People and the Juvenile Justice System (R.62)

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE Youth And Community Combined Action Program The Youth and Community Combined Action (YACCA) Program aims to intervene in the activities of those groups of young people most at risk of becoming involved in the juvenile justice system, and to intervene in identified juvenile crime problems in target communities throughout Queensland . (R.238).

Four YACCA projects are sponsored by Indigenous organisations (located in Brisbane, Murgon , Palm Island and Aurukun) and five YACCA projects provide a significant proportion of services to Indigenous young people by virtue of their location and/or their employment of Indigenous staff (located in Inala , Zillmere, Bundaberg , Mackay and Caims). The remaining 11 projects work with young people who are at risk of entering the juvenile justice system , and/or involved in specific local crime problems, some of whom are Aboriginal or Torres Strait Islander young people.

Under the YACCA Special Grants, the Mt Isa project specifically targets Indigenous young people at risk of participating in the sex industry.

Rural Youth Worker Program Rural Youth Worker Program seeks to assist communities to develop responses to the needs of young people. (R.238).

Rural Youth Workers are located in the target areas of Bowen, Charters Towers, Mornington Island, Mt Isa, Cooktown, Mossman, Atherton, Emerald, Longreach, Moranbah, Winton, Woorabinda, Biloela, Monto, Proserpine, Mirani/Sarina, Mitchell, Millmerran, Warwick, Goondiwindi, Taroom and Charleville.

Three of the organisations funded under this initiative work predominantly with Aboriginal and Torres Strait Islander young people within local communities. These are: Mornington Shire Council, Nyletta Aboriginal and Torres Strait Islander Corp and Woorabinda Aboriginal Council. Other funded services actively include Aboriginal and Torres Strait Islander young people within their target groups.

Youth Support Coordinators Program The Youth Support Coordinator Initiative aims to provide preventative and early intervention strategies to assist young people and their families , and support young people to remain in or gain safe and secure home and school environments. (R.238).

Youth Support Coordinators are located in thirteen target areas throughout Queensland.

In addition to one specific Aboriginal and Torres Strait Islander service funded through the Durunbal Community Youth Service in Central Queensland, funded services include Aboriginal and Torres Strait Islander young people amongst their target groups.

1996-97 RCIADIC Implementation Report - Part 5 165 Pilot Self Harm and Substance Abuse Program The purpose of the Self Harm and Substance Abuse Prevention Pilot Program is to support families and communities to prevent young people from hurting themselves through sniffing petrol and other substances, and to assist young people and their families when substance use has become a problem.The Department of Families, Youth and Community Care funds Aboriginal community groups to develop services which prevent young people from hurting themselves by abusing petrol or other substances. (R.238).

Juvenile Justice Program The Department's Mission Statement is "Working with Communities to create a caring society". In the Department's North Queensland Region, a special strategy has been developed to increase contact with communities through the Local Justice Initiatives Programs. The aim is to develop and support culturally-appropriate alternatives to detention . There has also been developed a planning and coordinating team, which has the aim of collecting and collating data on Aboriginal and Torres Strait Islander young people . Once identification of the issues has been established , this information is made available to the communities. The desired outcome of the community information meeting is to establish action groups which will address the underlying issues work to mitigate over -representation of young people in the criminal justice system (R.92, R.121).

In 1994/95, the Department commenced a Conditional Bail Program . This was in response to the increase in the proportion of young people remanded in custody occupying youth detention centre beds and the increase in the number of these young people appearing in the District Courts. Around 60% of young people were Indigenous.

The program provides intensive support and aims to assist young people to behave responsibly . One of the key strategic goals for the Youth Justice Branch is to develop resources and to support the provision of equitable , accountable and culturally-sensitive services to young people who have contact with the Juvenile Justice system , and to those young people's families.

Individual programs are designed to minimise the motivation and the opportunity for offending , thereby enabling the young person to comply with their bail conditions and remain out of custody for the period of their remand.

The program has been particularly successful in reducing the number of Aboriginal young people being remanded in custody. A further benefit of the program is that Magistrates and Judges have noted the success of some young people on this program and, as a result, have imposed community-based sentences when they may otherwise have been disposed to make detention orders. (R.94, R.115).

An important strategy for addressing the over-representation of Aboriginal and Torres Strait Islander young people in the criminal justice system is the provision of support for Indigenous communities to develop and implement their own community-based initiatives for addressing juvenile offending . In 1996/97, the Local Justice Initiatives Program funded the establishment or continuing operation of community justice groups in more than 30 Aboriginal and Torres Strait Islander communities across Queensland, as a means for developing and implementing local justice strategies . Juvenile offending has been a central focus of the activities of these justice groups, both in terms of early intervention and crime prevention, and in the development of strategies involving greater community involvement in the administration of the juvenile justice system (R.62). More details of initiatives sponsored under the Local Justice Initiatives Program are provided under the section "Aboriginal People and the Police".

1996-97 RCIADIC Implementation Report - Part 5 166 Aboriginal Young Offenders Project - Ipswich The project, which provides culturall-appropriate supervision, work and personal development, is operated by the "We-Care" Aboriginal and Torres Strait Islander Corporation, a well respected, non-Government organisation that is receiving strong support from Magistrates, Judges, the Aboriginal and Torres Strait Islander community, and general Ipswich community.

The objectives of the Ipswich Aboriginal Young Offenders Project are to: • assist Aboriginal young people to comply with and successfully complete their Community Service, Probation and Immediate Release Orders; and • assist in the re-integration process of young people back to their communities following their release from detention. (R.94, R.115).

Aboriginal Outreach Program The Aboriginal Outreach Program is designed to assist young people to remain in the community and successfully complete their orders without further offending. The project has been established in Cairns and Murgon, in response to local Aboriginal young people's high rates of admission to detention and low rates of compliance with supervised orders.

Both projects have established local committees with community representatives including Local Government, community Councils, police, education and training services. These committees assist with advice on direction and priorities, and provide a direct link to the community. They also advise on specific program developments and provide first-hand support to families and young people referred to the projects.

Aboriginal staff provide intensive supervision and support to assist high-risk young people to comply with court orders.The Cairns and Murgon Projects commenced operation in October 1995. Up to 31 December 1997, a total of 230 young people have participated int he project.

The Department works jointly with these programs and other Indigenous community organisations to develop, implement and support community-based Juvenile Justice Programs.

PetfordlPiabun Petford and Piabun are programs which operate residential, rural training farms for young offenders and children at risk. Petford services the remote communities in Far North Queensland, whilst Piabun provides for Aboriginal young people from South East Queensland on juvenile justice programs. Piabun is funded for five beds and Petford is funded for eight beds. These are both funded under the Early Intervention component of the Department's Youth Development Program.

Families Program The Child Protection Procedures Manual sets out the policies and procedural guidelines for Departmental intervention. The manual requires that family members and Aboriginal and Torres Strait Islander community representatives be consulted at all stages of child protection decision-making in relation to Indigenous children.

The incorporation of the Child Placement Principle into the new child protection legislation will ensure that family members and appropriate Indigenous representatives will have a legislated right to be consulted in decisions relating to the welfare of Aboriginal and Torres Strait Islander children under child protection orders. (R.235)

1996-97 RCIADIC Implementation Report - Part 5 167 QUEENSLAND POLICE SERVICE (QPS) Far Northern Police Region Elders Program This initiative was introduced by the Far Northern Region to address offending behaviour by Indigenous youth in the Cairns area. The project entails a co-operative approach by Indigenous agencies, Elders and community groups to deal with the problem in concert with police.

Aboriginal Elders and members of Yaddika Child Care Agency in Cairns work in concert with uniform police officers on Friday and Saturday evenings in the inner city area, in an endeavour to confront potential offenders/victims, and to re-direct them to a safe environment. As part of the ongoing program and combined services youth network, the group is endeavouring to put in place long-term strategies to address this problem.

A regional Police Liaison Officer position was created to co-ordinate the Police - Community response.

1996-97 RCIADIC Implementation Report - Part 5 168 The Prison Experience PART 5i The Prison Experience (R.168-R.187)

DEPARTMENT OF FAMILIES, YOUTH AND COMMUNITY CARE (FYCC) In 1996/97, the Local Justice Initiatives Program funded the establishment or continuing operation of community justice groups in more than 30 Aboriginal and Torres Strait Islander communities across Queensland. One of the important activities that a number of community justice groups have undertaken is conducting visits to custodial facilities in major urban centres to provide support to Indigenous inmates (R.169, R .172). There is strong evidence that these visits are an important factor in preventing violence and unrest amongst Indigenous inmates in prisons, and in providing valuable emotional support for prisoners who are a long way from their home communities and are prone to feelings of abandonment and despair.

Youth Justice Branch The Department's Mission Statement is "Working with Communities to create a caring society'. In the Department's North Queensland Region, a special strategy has been developed to work better with communities through linking with the Local Justice Initiatives Programs to develop and support culturally-appropriate ways of responding to alternatives to detention. There has also been developed a special planning and coordinating team with the aim of collecting and collating data on Aboriginal and Torres Strait Islander young people . Once identification of the issues have been established , this information is then fed back to the communities . The outcome of the information meetings with the communities is to establish action groups so as to address the underlying issues and decreasing over-representation . (R.92, R.121).

In 1994/95 the Department commenced a Conditional Bail Program . This was the result of the increase in the proportion of youth detention centre beds occupied by young people remanded in custody and the increase in the number of young people appearing in the District Courts . Around 60% of young people are Aboriginal and Torres Strait Islander. (R.94, R.115).

The program provides intensive support and assists young people to behave responsibly . One of the key strategic goals for the Youth Justice Branch is to develop resources and support the provision of equitable accountable and culturally sensitive services to young people and their families who have contact with the Juvenile Justice system.

Individual programs are designed to minimise motivation and opportunity for offending, enabling the young person to comply with their conditions and remain out of custody for the period of their remand.

The program has been particularly successful in reducing the number of Aboriginal young people being remanded in custody. A further benefit of the program is that Magistrates and Judges have noted the success of some young people on this program and, as a result , have imposed community based sentences when they may otherwise have been disposed to make detention orders.

DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS (DTIR) Literacy and numeracy classes continue to be offered at Correctional Centres (R.184-R.185)

1996-97 RCIADIC Implementation Report - Part 5 169 QUEENSLAND CORRECTIVE SERVICES COMMISSION (QCSC) The Family Support Program continues to be a key strategy for minimising the alienation suffered by Indigenous prisoners during their incarceration . The program is designed to facilitate family contact , particularly during times of cultural and /or family significance (R.169, R.170, R.171). Juvenile Detention Centres provide ongoing support for detainees and family members, with particular focus on Indigenous youth from remote Aboriginal communities.

The program provides for the employment of Family Support Counsellors in Correctional Centres. The role of the Family Support Counsellor is to ensure family contact is maintained and to negotiate with centre management and families to facilitate regular visits. Funding is available to assist families from remote communities to visit relatives who are serving a sentence in excess of twelve months. QCSC has also accommodated the needs of families of prisoners serving sentences interstate.

Sentence Management The Sentence Management Policy and Procedure in operation in all correctional centres and juvenile detention centres currently incorporates an immediate Risks Needs Assessment which is undertaken within 24 hours of an offender being received into custody. Where an offender or detainee is identified as being at risk" an immediate referral is made for appropriate intervention.

The policy requires that the Aboriginal Correctional Counsellor or an alternative Aboriginal representative be present during the sentence management planning and review process for Aboriginal and Torres Strait Islander inmates and detainees. Current statistical data indicates that Aboriginal and Torres Strait Islander inmates are represented in the High/Medium classification levels at a marginally lower rate than the general inmate population (R.184, R.185, R.186).

Juvenile detention centres operate under case plan management, where case management plans are developed and implemented with the input of Indigenous workers.

Transfer Policy The transfer policy was amended in 1995/96 to ensure that, when prisoners transferred between correctional centres, medical information and any information about a prisoner who may be considered to be at risk of suicide or self harm is communicated to medical staff immediately on the reception of a prisoner into a Centre. The same procedures have been introduced for juvenile detainees.

The current transfer policy also takes into account the special needs of Aboriginal and Islander prisoners and detainees.(R.168) The Commission has acknowledged Indigenous status as an inhibiting factor to be taken into account in the case of inter-regional transfers of prisoners and detainees. In all instances, QCSC endeavours to place Aboriginal and Islander offenders and detainees in closest possible proximity to family support systems to allow family visits and the maintenance of family ties.

The QCSC and the Queensland Police Service have finalised a protocol for the transfer of critical information relating to prisoners and detainees when they are moved from watch houses in South East Queensland to correctional centres and juvenile detention centres.

1996-97 RCIADIC Implementation Report - Part 5 170 Offender Programs The opportunities for prisoners and detainees to be involved in meaningful work, educational and self- development programs have been enhanced through the introduction of a structured day in all correctional centres. The other initiative undertaken by the QCSC has been the establishment of an arrangement between the QCSC and the Department of Training and Industrial Relations to provide enhanced vocational educational opportunities for prisoners. The joint scheme ensures that training provided meets accreditation standards and is provided in response to the direct needs of the prisoner population (R.183, R.184).

Aboriginal and Torres Strait Islander cultural programs are available in a number of correctional centres and juvenile detention centres. Specific Aboriginal and Islander programs which are in place include: • Alcohol Awareness; Art; • Elders Visits Programs; • Mental Health / Spiritual and Cultural Health and Healing; Tertiary Access Program; Literacy/Numeracy; and Cultural Awareness.

Community groups, including Elders, Drug and Alcohol Counsellors, Aboriginal and Torres Strait Islander Legal Services, and employees of Cell Visitors Schemes visit centres on a regular basis to ensure contact with the Aboriginal and Torres Strait Islander community is maintained.

A computer-assisted learning program on literacy and numeracy developed through the Australian Language and Literacy Policy Initiative, has been identified as a potentially valuable resource to improve literacy and numeracy education for prisoners. The program was implemented into correctional centres in 1997.

Education Queensland provides school teachers who conduct grade educaiton for juvenile detainees at the three Queensland juvenile detention centres. Schooling is compulsory for all detainees up to the age of fifteen. Approximately 85% of juvenile detainees elect to attend school.

1996-97 RCIADIC Implementation Report - Part 5 171 ii'' rr l Fri A^,,ion L, IMPLEMENTATION TABLE

Rec Lead Status Commentary No Agencies

1 FYCC Imp (FYCC) Implemented Following consultation with key stakeholders, the Minister for Families, Youth and Community Care announced on 14 January 1997 the establishment of a new organisation with wider terms of reference , the Indigenous Advisory Council (IAC). a. The Interdepartmental Coordination Branch has prepared the fourth annual Queensland Government Progress Report on the Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody.

2 DJUS Imp (JUS) Implemented The Aboriginal Justice Advisory Committee was established in 1993 to provide the then Minister for Justice and Attorney-General with independent and informed advice about Aboriginal and Torres Strait Islander perspectives on criminal justice issues that affect Indigenous people . The AJAC's terms of reference are: • to provide government with informed advice on Aboriginal and Torres Strait Islander views on criminal justice matters and on implementation of the Royal Commission into Aboriginal Deaths in Custody recommendations concerning the criminal justice system; • to propose changes to policies which affect the operation of the criminal justice system; • to develop programs for crime prevention and social control which enhance Aboriginal and Torres Strait Islander self-management and autonomy; • to develop and encourage programs which increase the recruitment of Aboriginal people and Torres Strait Islanders to the staff of criminal justice agencies; and • to arrange for the dissemination of information on policies and programs between different agencies and between parallel bodies in different states.

The Aboriginal Justice Advisory Committee has initiated and developed a number of projects since its appointment, including a Justices of the Peace and Commissioners for Declarations training program for Aboriginal and Torres Strait Island communities throughout the State, a cross-cultural awareness program for the Queensland judiciary, a project aimed at the recognition of Customary Law within the existing legal framework, a review of the Coroners Act 1958 and a submission on the system of post-death investigations in Queensland, a research project to address the difficulties that Indigenous women who are the victims of violent crime face as they go through the prosecution process, and a report on the juvenile justice system incorporating strategies for diversion from custody for Aboriginal and Torres Strait Islander youth.

Has been incorporated into the newly created body, the Indigeneous Advisory Council, which is based in the DFYCC.

1996-97 RCIADIC Implementation Table 172 Rec Lead Status Commentary No Agencies

2 FYCC Imp (FYCC) Implemented The Indigenous Advisory Council is the Queensland Government's peak advisory body on all Indigenous issues. Under its terms of reference, it is responsible for providing advice to the Government and the Minister for Families, Youth and Community Care on; • The implementation of the Royal Commission into Aboriginal Death in Custody recommendations; • The development and implementation of policy which may impact on Indigenous Affairs in Queensland; • The effectiveness of programs for Indigenous people being funded by the Queensland Government; • The broad priorities for expenditure in Indigenous Affairs; the impact of Commonwealth policy, programs and issues on Indigenous Affairs in Queensland; • The means of improving relationships between Indigenous and non-indigenous people; and • Key issues of particular concern, including those referred to it by the Minister for Families, Youth and Community Care. (e). The Queensland Government 1996/97 Program Statement for Aboriginal and Torres Strait Islander peoples has been published. The 1997/98 statement is due to be published in June 1998.

3 DJUS Imp (JUS) Implemented The Aboriginal Justice Advisory Committee Secretariat is located within the Department of Justice and Attorney-General. Staffed by a Policy Co-Ordinator, a Senior Research Officer, and two Administrative Assistants, the Secretariat provides policy advice and research support to the Aboriginal Justice Advisory Committee in its role as an independent Ministerial Advisory Committee.

(FYCC) Implemented The membership of the Council is entirely Indigenous, thus giving Aboriginal and Torres Strait Islander people a direct and independent voice on policy issues affecting their wellbeing. The Council works in co-operation with, but is independent of other State Government agencies, including the Office of Aboriginal and Torres Strait Islander Affairs.

4 DJUS Imp (JUS) Implemented. Crown Law is fully aware of the responsibilities in custodial death matters. However, the conduct of Crown Law is (in the final analysis) governed by the instructing agency.

5 FYCC Imp (FYCC) Implemented The Family Counselling and Support Program continued to provide support to families and individuals suffering grief or trauma following the loss of a family member through a death in custody.

6 QPS Imp (QPS) Implemented Included in Chapter 16 'Custody' Operational Procedures Manual. QCSC/ FYCC (QCSC) Implemented Incorporated in the National Standard Guidelines for Corrections in Australia which are endorsed by the QCSC.

7 DJUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act, consideration will be given to this recommendation. Currently any death in custody is subject to an inquiry.

(FYCC) Imminent The IAC assumed responsibility for a project initiated by its predecessor the Aboriginal and Torres Strait Islander Overview Committee, in which senior staff of the Griffith University Law School were commissioned to report on Queensland Coronial Laws. The Purpose of the project was to identify the adequacies and inadequacies of the coronial system and make recommendations addressing specific problem areas. A preliminary report is to be presented in April 1997.

1996-97 RCIADIC Implementation Table 173 Rec Lead Status Commentary No Agencies

8 DJUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to allowing a State Coroner to issue guidelines on a range of matters which could include protocol procedures. A protocol has been developed by the QCSC, CJC and the QPS.

9 DJUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation.

10 QPS/QCSC Imp (QPS) Implemented Included in Chapter 16 'Custody' Operational Procedures Manual. /FYCC (QCSC) Implemented The Corrective Services Act requires the QCSC to notify the Coroner in the case of all deaths in custody. To be further addressed in the Coroner's Act Section 43 Corrective Services Act 1988.

11 DJUS Pt Imp (JUS) Part Implemented As part of the development of a new Coroners Act, consideration will be given to this recommendation. (Implemented to the extent that the then responsible Minister issued a direction in February 1992 under the Coroners Act that all deaths in custody be the subject of a coronial inquiry. This could be described as an administrative/statutory arrangement).

All deaths in custody are subject to an inquest conducted by a agistrate. Whether to put this on a legislative footing is a matter currently being considered as part of the development of a new Coroners Act.

12 Imminent (JUS) Imminent As part of the development of a new Coroners Act consideration will be JUS given to this recommendation.

13 DJUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation.

Section 25 of the Coroners Act 1958 states that the coroner can inquire into when, where and how the death occurred. Amendment of this provision to give effect to this recommendation is being considered as part of the development of a new Coroners Act.

The practice of the Brisbane Coroner is to have regard to these recommendations. The development of a new Coroners Act will consider this issue of widening these types of coronial inquests.

14 DJUS Ongoing (JUS) Ongoing Section 45 of the Coroners Act 1958 places an obligation on the coroner at the conclusion of every inquest to send the depositions to the chief executive of the Department of Justice.

As part of the development of a new Coroners Act consideration will be given to this recommendation.

1996-97 RCIADIC Implementation Table 174 Rec Lead Status Commentary No Agencies 15 QPSIQCSC Imp (QPS) Implemented Included in Chapter 16 'Custody' Operational Procedures Manual. /FYCC (QCSC) Implemented The process of notification is that the Department of Justice and Attorney-General advise the Director-General QCSC of the Coroner's findings and any associated riders. Subsequent to a Death in Custody, QCSC arranges for an Inspector's report to be undertaken and the recommendations of these reports are implemented in most instances prior to receipt of the Coroner's findings. Where the Coroner's findings or associated riders identify additional matters not contained in the Inspector's report, these matters are addressed by the QCSC through the Investigations Review Committee. A consolidated response from the QCSC is then forwarded to the Department of Justice and Attorney-General. Practices have also been established to ensure that the Consolidated response from the QCSC is also forwarded to the Honourable the Minister for Police and Corrective Services.

Procedure 61 of the Youth Detention Centre manual incorporates the procedures recommended.

(JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation. 16 QPS/QCSC Imp (QPS) Implemented Included in Chapter 16 'Custody' Operational Procedures Manual. /FYCC (QCSC) Implemented The QCSC have undertaken their role in implementing this recommendation. The protocols established ensure the departmental responses are relayed to the Attorney-General's Department which is responsible for the Coronial Enquiry and further dissemination of information.

Procedure 6.1 of the Youth Detention Centre Practices and Procedures manual incorporates the procedure recommended.

(JUS) Implemented The 1994 Report does not give the then Department of Justice and Attorney-General any responsibility with respect to this recommendation and states that the recommendation has been implemented. The development of a new Coroners Act will also consider this recommendation.

The role of the Coroner is to be considered in the context of whether legislative implementation is necessary.

17 JUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation.

18 JUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation.

1996-97 RCIADIC Implementation Table 175 Rec Lead Status Commentary No Agencies

19 QPS/QCSC Imp (QPS) Implemented Included in Chapter 16 'Custody' Operational Procedures Manual. FYCC (QCSC) Implemented The notification of prisoners' families in the event of a death in custody is handled by Police in co-operation with QCSC staff. Where possible, in the case of Aboriginal or Torres Strait Islander deaths in custody, Aboriginal or Torres Strait Islander QCSC staff assist in the notification process and in helping the family over the period after the death. A specialist Aboriginal Chaplaincy group has been developed and is also involved in assisting the family and other inmates.

Requirements for the QCSC to notify relevant parties following a death in custody are contained in: • Section 43 Corrective Services Act 1988 • Commission Rules Re: Deaths in Custody Attempted Suicide Suicide Prevention

Procedure 6.1 of the Youth Detention Centre Practices and Procedures manual incorporates the procedure recommended. 20 QPS/QCSC Imp (QPS) Implemented Included in Chapter 16 'Custody' Operational Procedures Manual. FYCC (QCSC) Implemented Policy is to notify the Aboriginal and Torres Strait Islander Legal Service immediately of any Aboriginal or Torres Strait Islander death in custody. The requirements are detailed in Commission Rule and also in 6.1 of the Youth Detention Centre Practices and Procedures Manual. The requirements are detailed in 6.1 of the Youth Detention Centre Practices and Procedures Manual.

21 JUS Ongoing (JUS) Ongoing This is currently done in that notification does occur. As part of the development of a new Coroners Act consideration will be given to this recommendation. 22 JUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation. This also occurs in practice.

23 COMM/ ATSIC

1996.97 RCIADIC Implementation Table 176 Rec Lead Status Commentary No Agencies 24 QPS Imp (QPS) Implemented Included in Chapter 16 'Custody' Operational Procedures Manual. QCSC/JUS/ FYCC (QCSC) Implemented The QCSC has procedures in place to allow families to inspect the scene of death. Bodies are released to the family after the necessary medical procedures are completed. Arrangements are made for the family to view the body and in some cases ritual cleansing of cells has occurred.

Internal investigations of a death in custody include an Aboriginal or Islander person as a member of the investigating team. A primary purpose of this practice is to ensure appropriate sharing of information with the community.

This recommendation is detailed in 6.1 of the Youth Detention Centre Practices and Procedures manual.

(JUS) Implemented The 1994 Report stated that this recommendation had been implemented as follows: (FAIA): Chapter 15 Youth Detention Centre Procedure Manual. (POLI): The Criminal Justice Commission has agreed to investigate all deaths in police custody.

25 QCSC/JUS/ Imp (QCSC) Implemented This recommendation is predominately a matter for the Department FYCC of Justice and Attorney-General. However where QCSC receives a request, arrangements are made for families to view the scene of death.

This recommendation is contained in 6.1 of the Youth Detention Centre Practices and Procedures manual.

The 1994 Report stated that this recommendation had been implemented as follows: (FAIA): Chapter 15 Youth Detention Centre Procedure Manual. (QPS): Implemented These practices are in place, see response to recommendation 24.

The Department has assisted families with travel and funeral arrangements and has provided information on independent post - mortems.

26 JUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation. The current practice is that this is the responsibility of the Coroner, but is normally complied with. The Crown law Office makes available a barrister or solicitor when requested.

27 JUS Imp (JUS) Implemented Crown Law supplies counsel at the request of Coroners and has had a formal arrangement in place to facilitate this for a considerable period.

28 JUS Imp (JUS) Implemented The responsibilities imposed on Counsel assisting Coroners in this regard are fully complied with.

1996-97 RCIADIC Implementation Table 177 Rec Lead Status Commentary No Agencies 29 QPS/JUS Imp (QPS) Implemented Included in Chapter 8 'Coronial Matters' Operational Procedures Manual - includes reference to duties of police under Coroners Act 1958. Section 2.6.10 of the OPM "Fatalities or serious injuries resulting from incidents involving members" and Section 8.4 of the OPM "Deaths" also address this recommendation.

(JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation.

Section 50 of the Coroners Act 1958 places an obligation on all police to assist the Coroner in the Coroner's inquiries and to comply with all directions of the Coroner.

30 JUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation.

The lawyer assisting the coroner considers the investigation and raises concerns with the coroner

31 JUS Imp (QPS) Implemented See comments R.29, The requirements of Section 50 Coroners Act and Sections 2.6.10, 16.24 and 8.1 of the Operational Procedures Manual also address this recommendation.

(JUS) Implemented This recommendation is really a police responsibility. However, where the lawyer assisting the Coroner is of the view that further investigation is required, this is brought to the attention of the Coroner who may make appropriate requests to Police.

32 QPS Imp (QPS) Implemented Included in Chapter 2 'Investigative Process' Operational Procedures Manual - Independent Commissioned Officers to investigate major incidents and advise QPS and CJC senior officers including the Deputy Commissioner, Operations.

33 QPS Imp (QPS) Implemented See comments R.32.

34 QPS Imp (QPS) Implemented See comments R.32.

35 QPS Imp (QPS) Implemented Included in Chapters 2, 8, and 16 - Operational Procedures Manual,

1996-97 RCIADIC Implementation Table 178 Rec Lead Status Commentary No Agencies

36 JUS Imp (QPS) Implemented Included in Chapters 8 and 16 - Operational Procedures Manual.

(QCSC) Implemented Deaths in custody are investigated by: (a) Police acting on behalf of the coroner; and (b) Two Inspectors appointed under the Corrective Services Act, one of whom is not a member of Commission staff.

Inspectors take statements/records of interview from relevant staff and prisoners and complete a profile on the deceased. Recommendations for the improvement of practices and procedures may emanate from the report. All inspectors' reports and material are made available to the Coroner to assist the full and proper investigation of the death. During the past 2 years, the QCSC has also involved an Aboriginal person to assist in undertaking investigations where the deceased is of Aboriginal or Torres Strait Islander descent.

This recommendation is contained in 6.1 of the Youth Detention Centre Practices and Procedures manual.

(JUS) Ongong As part of the development of a new Coroners Act consideration will be given to this recommendation.

37 JUS/HEAL Imp (QPS) Implemented Included in Chapter 16 'Custody' Operational procedures Manual - Government Forensic Pathologist to perform autopsy.

(HEAL) Ongoing The Department of Justice has agreed to consider this recommendation as part of its review of the Coroners Act 1958. Queensland Health will assist as requested.

(JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation. This is really an adminstrative matter not a legisaltive one.

38 JUS Ongoing (JUS) Ongoing As part of the development of a new Coroners Act consideration will be given to this recommendation.

The Brisbane Coroner encourages families to raise with his office any concerns in relation to the holding of an autopsy.

Consideration is to be given to issuing guidelines in relation to the conduct of inquiries, inquests and related matters (including post mortems). The need for a provision to enable the issue of these guidelines will be considered in the context of the development of the new Coroners Act.

39 JUS Ongong (JUS) Ongong As part of the development of a new Coroners Act consideration will be given to this recommendation.

40 JUS Imp (JUS) Implemented JUS does send data and information to the Australian Institute of Criminology in respect of its maintaining records of Aboriginal deaths in custody in Queensland.

1996-97 RCIADIC Implementation Table 179 Rec Lead Status Commentary No Agencies

41 QPS/QCSC/F Imp (QPS) Implemented Section 16 .24.4 of the QPS Operational Procedures Manual requires YCC/AIC that statistics are supplied to the Australian Institute of Criminology . These statistics are supplied in the standard categories: (a) deaths in institutional settings; and (b) other deaths during custody-related police operations.

(QCSC) Implemented Statistics provided to Australian Institute of Criminology.

(FYCC) Implemented Department of Families , Youth and Community Care's Client Information System records extensive detail on children on statutory or detention orders, including whether a child is of Aboriginal or Torres Strait Islander descent.

Department of Families, Youth and Community Care currently supplies information relating to children detained in youth centres to the Australian Institute of Criminology . Details of Aboriginal and Torres Strait Islander youth in detention have been included in their statistics since 1993.

42 QPS/HEAL Pt Imp (QPS) Part Implemented Present QPS Indepol recording system can not provide all the required data . It is anticipated that the integrated QPS Polaris Computer System will facilitate provision of detailed custody information when Stage 3 is completed . Completion of this stage will be dependent on funding during 1997/98.

43 COMM.AIC Imp (QPS) Implemented QPS provides standardised custody information to the Australian Institute of Criminology during national surveys.

44 COMM.AIC Imp (QPS) Implemented See comments R.43

45 QPS/QCSC Imp (QPS) Implemented See comments R.43. /FYCC (QCSC) Implemented Data collection meets requirements and supports a common approach to data collection. QCSC has consulted and co -operated with the Australian Institute of Criminology in data collection . It has met all requests for data from that organisation. The arrangement for inter jurisdictional data collection is currently under review and is likely to be transferred to the Australian Bureau of Statistics.

(FYCC) Implemented The Department of Families, Youth and Community Care Client Information System has incorporated relevant known data requirements to ensure compatibility with other Queensland Government systems. 46 QPS/QCSC Imp (QPS) Implemented See comments R.43. IFYCC (QCSC) Implemented This recommendation is predominately the responsibility of the Australian Institute of Criminology. However, the QCSC has taken all action possible to comply with this recommendation in that it adheres to all requirements of the Australian Institute of Criminology Deaths in Custody secretariat.

1996-97 RCIADIC Implementation Table 180 Rec Lead I Status Commentary No I Agencies 47 QPS/QCSC Imp/pt (QPS) Part Implemented See comments R.42. /FYCC imp (QCSC) Implemented The QCSC Annual Report supplies statistical data concerning Aboriginal and Torres Strait Islander offenders in the following categories: Gender Age Most serious offence Numbers in each Centre/Region Classification Escapes Deaths in Custody Cause of Deaths in Custody

1996-97 RCIADIC Implementation Table 181 Rec Lead Status Commentary No Agencies 48 All Depts Ongoing (QPS) Ongoing The QPS consults with ATSIC and other Aboriginal and Torres Strait Islander organisations when evaluating policies and programs and/or developing social indicators and projects.

(QCSC) Ongoing The QCSC continues to consult with Aboriginal and Torres Strait Islander representatives in relation to the management of Aboriginal and Torres Strait Islander prisoners and detainees. Examples of ongoing Aboriginal and Torres Strait Islander community involvement with the QCSC are: Townsville and Brisbane community meetings held prior to the introduction of the Aboriginal and Torres Strait Islander Support Worker Scheme into Townsville and Sir David Longland Correctional Centre; QCSC met with a range of community groups from north west Queensland prior to the establishment of the diversion from secure custody facility in Mt Isa ; Indigenous prisoner art projects have received funding through ATSIC SEQ via a grant to a local Aboriginal and Torres Strait Islander community-based organisation. QCSC continues to negotiate with state Indigenous legal services on behalf of Aboriginal and Torres Strait Islander prisoners and detainees.

(DNR) Ongoing Representation of Aboriginal and Torres Strait Islander people on various councils/committees is increasing.

(DLGP) Ongoing Program Areas within LGP have adopted a variety of mechanisms to incorporate Aboriginal and Torres Strait Islander input into programs.

(TSBI) Ongoing The TSBI acknowledges the need to consult with agencies more familiar with Aboriginal and Islander Affairs when dealing with communities.

(HEAL) Ongoing Policies and programs are developed in consultation with Aboriginal and Torres Strait Islander people through local and statewide consultation mechanisms including : the Aboriginal and Torres Strait Islander Health Advisory Council; District and community health action groups ; Indigenous employees of Queensland Health; and ad-hoc consultative mechanisms established to address specific matters. Queensland Health fully supports the national performance indicators in collaboration with other States . Queensland Health is actively involved in refinement processes underway at the national level.

(FYCC) Ongoing Indigenous Community Profiles and a planning data base are being developed.

(DPWH) Ongoing The advice of Aboriginal people and organisations is sought whenever DPW&H is involved in programs, services or information gathering related to Aboriginal people.

a) The Aboriginal and Torres Strait Islander Housing Program continues to take into account the views of Aboriginal and Torres Strait Islander people via a number of reference materials. b) Q-Build - no change

(DoE) Implemented See Part 4 of this report.

1996-97 RCIADIC Implementation Table 182 Rec Lead Status Commentary No Agencies

48 (JUS) Ongoing As representatives of their communities , the members of the Aboriginal Justice Advisory Committee have a sense of responsibility and accountability , incorporate community concerns in the advice that they provide to the Minister and keep their communities informed about the workings and the progress of the Committee. The Aboriginal Justice Advisory Committee is establishing links with other divisions of the Department and with other government agencies to facilitate consultation on all issues relating to the criminal justice system.

The Aboriginal Justice Advisory Committee also seeks the input of Aboriginal people and Torres Strait Islanders in the monitoring and evaluation of its own projects. The Committee , in conjunction with the Justices of the Peace (JP) Council of the Department of Justice and Attorney-General, developed a Justices of the Peace and Commissioners for Declarations training program for Aboriginal and Torres Strait Islander Communities. After the pilot program was conducted in Brisbane, extensive feedback was sought from the participants as part of the evaluation process . The results of this were taken to a number of Aboriginal and Torres Strait Islander communities as the Committee and the JP Council sought input about how and where the JP training programs should be run. The Aboriginal Justice Advisory Committee has also recently completed a Discussion Paper which formulates strategies for the recognition of Customary Law within the criminal justice system in Queensland . As part of this project, the Committee plans to undertake a program of consultation in the Aboriginal and Torres Strait Islander communities throughout Queensland on the issues raised in the Discussion Paper.

(DME) Ongoing Acknowledges the need for improved consultation with Aboriginal and Torres Strait Islander communities and organisations. However, it does not gather information about Aboriginal and Islander people.

The Department is developing a Consultation Strategy to provide guidelines to assist DME staff when consulting with clients , community groups and government agencies. Specific consultative arrangements for dealing with native title claims will need to await the finalisation of the Commonwealth 's Native Title Act amendments not expected to be considered by the Senate until March 1998. 49 COMM ATSIC 50 COMM ATSIC

1996-97 RCIADIC Implementation Table 183 Rec Other Status Commentary No Agency

51 FYCC Imp (QCSC) Implemented Is not a "research funding body". However, the principles are supported.

Juvenile detention centres usually apply to external bodies for grants to offer young people a variety of programs and services. In recognition of the high number of Indigenous young people in secure custody, particular regard is given to the provision of programs, activities and services that are culturally- appropriate and meaningful to Aboriginal and Torres Strait Islander children.

The majority of external organisations of whom funding is sought usually provide funds targeted specifically for Indigenous youth.

(DoE) Implemented See Part 4 of this report. In particular, the Wet Tropics Management Authority is jointly funding , with James Cook University, research into "Vegetation Change and Fire in Kuku Yalanji Country. Implications for Management of the Wet Tropics of Queensland World Heritage Area". The collaborative four year project has been developed with Kuku Yalanji people, and is strengthening the processes of cultural renewal and cultural revival by employing traditional owners as Research Assistants; recording customary knowledge, including plant names , fire practices and some stories, influencing contemporary government land management policy; providing evidence for land claims; and educating the younger Kuku Yalanji people about the importance of land management and the significance of cultural knowledge . The Kuku Yalanji people have the intellectual , cultural and spiritual property rights of the project, and control the project through a Fire Study Reference Group. Project newsletters are circulated every three moths to Kuku Yalanji communities in the Wet Tropics World Heritage area.

(FYCC) Ongoing The Community and Personal Histories Grants program provides funds for Aboriginal and Torres Strait Islander peoples to manage and control their own research into family and community history ; grant recipients determine the project outcomes, appropriate use and availability.

52 FYCC Ongoing (FYCC) Ongoing The Community and Personal Histories Section provides Link-Up staff with research training and access to historical government records relating to Aboriginal and Torres Strait Islander peoples.

53 FYCC Ongoing (FYCC) Ongoing Communities and Personal Histories has implemented its Access Policy which enables access to historical government records relating to Aboriginal and Torres Strait Islander peoples from Queensland whilst ensuring individual people's privacy and confidentiality (ie. individuals determine access to their own personal records by deciding whether others including family may have information about them). In correspondence to this and ongoing requests for family history information, CPH continues to provide Aboriginal and Torres Strait Islander peoples with copies of records relating to individuals and their relatives free of charge.

54 FYCC Imminent (FYCC) Imminent New child protection legislation, the Children and Families Bill, is currently before the Queensland Parliament . The intent of the Child Placement Principle has been incorporated into this new legislation , and the administration of the legislation in relation to Aboriginal and Torres Strait Islander children and families is governed by specific provisions which recognise the need for Departmental consultation with appropriate Aboriginal agencies and Torres Strait Islander agencies.

1996-97 RCIADIC Implementation Table 184 Rec Other Status Commentary No Agency

55 EQ/DTIR Ongoing (EQ/DTIR/TRAIN) Ongoing National Aboriginal Languages Policy. Ongoing consultation and development of Queensland Aboriginal and Torres Strait Islander Languages Policy and Support Materials.

Development of school-community based Indigenous Languages Programs.

56 FYCC Imp (DoE) Implemented See Part 4b of this report. The Queensland Heritage Grants Program, the Queensland Community History Grants Program and the Queensland Community History (Indigenous Heritage) Grants Program, which are all administered by the Department, in particular support this recommendation. In the 1996-1997 financial years, grants were made to 23 Aboriginal and Torres strait Islander organisations.

57 JUS Part-Imp (JUS) Implemented The only records held by State Archives are a transfer of records relating to the Royal Commission received from the Queensland Crown Solicitor in 1991. Access to the records is at the discretion of the Crown Solicitor.

58 JUS/DTSBI Imp (TSBI) Implemented Whilst the recommended amendments are technically not supported, it has been previously pointed out that it is unnecessary to amend the Liquor Act in this regard as the intent of the recommendation is already adequately catered for under the provisions of the Anti Discrimination Act 1991. 59 QPS/TSBI Imp/ (QPS) Implemented Applied in line with other operational priorities and community /HEAL Ongoing requirements and expectations.

(TSBI) Ongoing The Liquor Licensing Division has, both singly and in conjunction with the Police Service, focused heavily on intoxication issues in and around licensed premises during 1996/97. A number of "show cause for cancellation of licence" actions have been undertaken against licensees who have not complied with their obligations in this regard and penalties ranging from fines to suspension of licences have resulted. In addition, many orders under Regulation 19AB have been placed on licensed premises to ensure that activities which lead to intoxication are ceased.

(HEAL) Ongoing Queensland Health, through its Alcohol, Tobacco and other Drugs Services, has funded 'Safety Action' projects in Cairns, Townsville, Mackay (1996), the Sunshine Coast and Mount Isa (1997). These projects establish a collaborative relationship between licensees, police and the community aimed at reducing the incidence of excessive alcohol consumption, providing education in patron care, and promoting public safety in the vicinity of licensed premises. The collaboration has a particular focus on encouraging licenses to effectively discharge their responsibilities under the Liquor Act with respect to the serving of intoxicated people. See (R.85)

60 QPS Imp (QPS) Implemented QPS Code of Conduct, the Police Service administration Act 1990 the Non-Discriminatory Language Guide and the Criminal Justice Act 1989 address conduct requirements, standards, and sanctions for police in Queensland, The QPS Professional Standards Unit (PSU) and the Criminal Justice Commission (CJC) conduct, coordinate, or overview investigations relating to alleged breaches of discipline and official/misconduct by police officers.

61 QPS Imp (QPS) Implemented Major Incident Guidelines set out appropriate procedures for deployment and use of specialist squads, including the Special Emergency Response Team (SERT).

1996-97 RCIADIC Implementation Table 185 Rec Other Status Commentary No Agency

62 FYCC Imp/ (QPS) Implemented Chapters 5 and 16 of the QPS Operational Procedures Manual set Ongoing out policy and procedures which support diversion of children from the Court's criminal justice system and detention in custody as a last resort.

(QCSC) Ongoing Clearly, the level of over-representation of Indigenous children in detention must be seen as perhaps the greatest issue of concern currently facing Juvenile Justice services.

"The Integrated Approach" to juvenile detention, in recognition of the high numbers of Indigenous children, requires that "particular regard [be given] to the provision of programs, activities and environmental conditions that are culturally appropriate and meaningful to these children".

(FYCC) Ongoing One key role of the detention centre program is to engage young offenders in opportunities to address their criminal behaviour, avoid further offending and successfully reintegrate with their families and communities.

Clearly, the goals of rehabilitation can only be achieved by input from he children themselves, their families, courts, crime victims and the broader community.

The Juvenile Justice Act 1992 has incorporated a wider range of sentencing options. Community Service Orders and Immediate Release Orders are designed as alternatives to detention.

New child protection legislation, the Children and Families Bill, is currently before the Queensland Parliament. The intent of the Child Placement Principle has been incorporated into this new legislation, and the administration of the legislation in relation to Aboriginal and Torres Strait Islander children and families is governed by specific provisions which recognise the need for Departmental consultation with appropriate Aboriginal agencies and Torres Strait Islander agencies.

63 ATSIC. COMM

64 HEAL/TSBI Ongoing/ (TSBI) Ongoing The Liquor Licensing Division has previously made contact with ATSIC /COMM Imp to ascertain research and data collection priorities and requirements but has received no response. As an alternative strategy, the Division has invited ATSIC to sit on the Queensland Responsible Hospitality Consultative Committee, which is an alcohol policy- making forum involving key stakeholders within the liquor industry. To date, the ATSIC representative has not attended Committee meetings.

(HEAL) Implemented The final report on the National Aboriginal and Torres Strait Islander Drug Use Survey has been released as the National Drug Strategy Household Survey - Urban Aboriginal and Torres Strait Islander Peoples Supplement 1994 (NDSHS). This survey established baseline data for alcohol consumption by urban Indigenous people and will be conducted on a regular basis to monitor changes over time.

Aboriginal and Torres Strait Islander people were involved in every level of the research. See (R.69 and R.70).

1996-97 RCIADIC Implementation Table 186 Rec Other Status Commentary No Agency

65 HEAL/TSBI Pt Imp (HEAL) Part Implemented Queensland Health is committed to an ongoing program of data collection and research on Indigenous alcohol, tobacco and other drug issues. Queensland Health is represented on and participates in the work of the National Drug Strategy Committee. See (R.64).

(TSBI) Ongoing See (R.64)

66 HEAL/ Ongoing (HEAL) Ongoing Queensland Health is represented on and participates in the work of COMM. the National Drug Strategy Committee which is committed to an ongoing program of data DEET collection and research on Indigenous alcohol, tobacco and other drugs issues. The Principal Adviser on Aboriginal and Torres Strait Islander issues in Alcohol, Tobacco and Other Drug Services provides input into the National Drug Strategy Committee.

67 HEAL/ Imp (HEAL) Implemented Queensland Health is represented on the National Drug Strategy COMM. Committee which is committed to an on-going program of data collection and research NCADA on Indigenous alcohol, tobacco and other drug issues. A Research and Planning Officer from Alcohol, Tobacco and Other Drugs Services also has the responsibility to collect baseline data and monitor changes over time in relation to the health, social and economic consequences of alcohol use among Indigenous and non-Indigenous Queenslanders. This work has resulted in the publication of 'Alcohol and other drugs: patterns of use and harm in Queensland, which includes a collation of relevant data and information on Indigenous Queenslanders.

68 CONSUM. Ongoing (HEAL) Ongoing Indigenous status is now recorded in all hospita-based data collections AFFAIRS from both public and private hospitals. Both the Birth and Death Registration forms now record Indigenous status. This commenced on a trial bases from 1 January 1996 and was fully implemented from 1 July 1996.

69 HEAL Imp/ (QPS) Implemented The QPS and Alcohol Coordination Unit allocates funds provided by Ongoing the National Drug Strategy Law Enforcement Funding Committee (NDSLEFC) to projects which address drug and alcohol related issues. A total of $46,605 was provided this year by the NDSLEFC for projects relating to Indigenous communities.

(HEAL) Ongoing Queensland Health is represented on and participates in the work of the National Drug Strategy Committee which is committed to an ongoing program of data collocation and research on Indigenous alcohol, tobacco and other drug issues. A Research and Planning Officer from Alcohol, Tobacco and Other Drug Services also has the responsibility to collect baseline data and monitor changes over time in relation to the health, social and economic consequences of alcohol use among Indigenous and non-Indigenous Queenslanders. Alcohol, Tobacco and Other Drug Services has also conducted a survey of all specialist alcohol and other drug services in Queensland which resulted in a report called 'Audit of alcohol and other drug services in Queensland: Inventory of specialist agencies' This report includes a comprehensive description of all specialist alcohol services in Queensland which have an Indigenous focus. see (R.64).

70 HEAL Ongoing (HEAL) Ongoing Queensland Health recognises the complexity of alcohol dependence and misuse and encourages the development of a comprehensive response to these issues. With the assistance of Commonwealth funds, Queensland Health has established a state-wide network of Aboriginal and Torres Strait Islander reference groups to provide information, advice and insight on Indigenous alcohol, tobacco and other drug issues. The outcome of the reference groups project will be a Queensland Indigenous Alcohol, Tobacco and other Drug Strategy. These reference groups will also guide the implementation of the strategy.

1996-97 RCIADIC Implementation Table 187 Rec Other Status Commentary No Agency 7 HEAL Ongoing (HEAL) Ongoing Queensland Health is represented on and participates in the working of the National Drug Strategy Committee which is committed to an ongoing program of data collection and research on Indigenous alcohol, tobacco and other drug issues. See (R.64).

72 EQ Ongoing (EQ) Ongoing Support for juveniles. Support for the provision of Alternative Education Programs for Aboriginal and Torres Strait Islander students at risk.

Support for the establishment of joint initiatives/diversionary programs with other agencies to address needs of juveniles.

73 DLGPI Ongoing (DLGP) Ongoing Total Management Plans (TMPs) have been developed for 34 Aboriginal and Torres Strait Islander communities to identify infrastructure requirements and inform infrastructure planning and provision in those communities across government.

(DPWH) Ongoing Housing and infrastructure are provided to communities through grants to Community Councils.

74 NTGOVT Ongoing (DLGP) Ongoing Road grants made available to local governments through Local Government Services are paid directly to Aboriginal and Torres Strait Islander Councils.

Funding to Aurukun and Mornington in respect of road and drainage works and other works to upgrade the sewerage systems has been finalised. Improvement works at Aurukun have been completed. The works on Mornington Island (Gununa) are ongoing.

(IRAN) Ongoing State Government funding of $8.203 million, plus a carryover of $5.211 million from 1995/96, was provided in 1996/97 under the Transport Infrastructure Development Scheme (TIDS) for Aboriginal and Islander Access Roads, Aboriginal and Islander Assistance Other Transport Infrastructure, and Aboriginal and Islander Street Upgrading. $8.916 million was spent in 1996/97; the remaining $2.505 million will carry over to the 1997/98 financial year to complete projects commenced and planned. The budget for 1997/98 is $7.639 million which gives a total funding allocation of $10.44 million in 1997/98.

In the preparation of the TIDS program consultation occurred with all communities and the Department of Families, Youth and Community Care.

1996-97 RCIADIC Implementation Table 188 Rec Other Status Commentary No Agency

75 DLGP Ongoing (IRAN) Ongoing In addition to the TIDS program , money was expended on declared roads that will benefit local communities generally , including Aboriginal and Torres Strait Islander communities. For instance, $3.4 million was spent on improvements to the Fitzroy Development Road, which is the main access route from Woorabinda to Rockhampton. Work is underway on widening and sealing the Cooktown Development Road which may provide some benefits to the Hope Vale Community . The Departments' expenditure programs also include maritime infrastructure such as boat ramps , jetties and navigation aids. Torres Strait Islander communities in particular benefit from this program.

Strategy 5 of the Queensland Transport (QT) Strategic Plan 1997-2000 is to create better opportunities for rural and remote communities and disadvantaged groups. Four of the initiatives identified under this Strategy are working with rural and remote communities and providers to identify current and future transport requirements and develop solutions; facilitate , in conjunction with other agencies, the appropriate availability of road, air, rail and port services in rural and remote areas; provide and maintain appropriate non-roads infrastructure for people in rural and remote areas; and work co- operatively with welfare and community service providers , local governments and other agencies to deliver transport services which meet whole -of-govemment objectives.

The Aboriginal and Torres Strait Islander Road Safety Strategy is rated as one of the 'Top Ten' priorities in the 1996 Queensland Road Safety Action Plan , The strategy is funded over the three year period 1996 /97 to 1998/99. The program aims to develop a strategy for addressing the high incidence of transport -related injury in Aboriginal and Torres strait Islander communities in remote and rural Queensland . The budget for the three years totals $450 ,000, evenly apportioned over each of the three years.

In June 1997, two trial projects were implement within the communities of Kowanyama and Hopevale in the northern region of Queensland . Each project aims to enable communities to investigate their road use behaviour , identify high risk local areas, and implement culturally-effective road- safety countermeasures . The key outcome expected from this project is an increased level of safe road use by Aboriginal and Torres Strait Islanders.

The project builds on five fundamental principles that are the community owning and managing the project; the project being built upon the community development paradigm; the project counter measures being culturally effective; inter-agency linkages are central to effectiveness; and the project must be sustainable after initial funding ceases. The effectiveness of the project will be evaluated through its application in the trial communities.

76 FYCC Ongoing (FYCC) Housing and Infrastructure . "The methodology adopted in the 1987 Uwankara Palyanyku Kanyintjaku (UPK) report has been incorporated into several projects undertaken by the Aboriginal and Torres Strait Islander Infrastructure Program (ATSIIP).

The ATSIIP provided part funding for the Pormpuraaw 'Housing for Health' project undertaken by the Apunipima Cape York health Council in 1995/96.

The UPK planning methodology also underpins the methodology developed for the recently completed Community Infrastructure Plans and the feasibility studies undertaken as part of the Community Settlement Plans for eight non-DOGIT communities in Queensland."

1996-97 RCIADIC Implementation Table 189 Rec Other Status Commentary No Agency

77 DLGP Ongoing (DLGP) Ongoing Specific and general-purpose funding programs available to mainstream local governments through the Department continued to be made available to Aboriginal and Torres Strait Islander Councils in 1996/97.

78 DLGP Ongoing (DLGP) Ongoing See R.77.

79 TSBI/HEAL Not Imp (TSBI) Not Implemented Consecutive governments have considered this issue and decided not to decriminalise the offence but rather opt for a framework for the management of public drunkenness. An Interdepartmental Committee chaired by the Queensland Department of Health oversees this process and the implementation of initiatives.

The major issue for which Liquor Licensing is primarily responsible is the control of "marketing and serving practices which may increase the likelihood of public drunkenness". The Division has attempted to achieve this through a number of initiatives including: • introduction of the Responsible Hospitality Regulations in 1995; • the conduct of various awareness programs, in particular the "No More. It's the Law" initiative, aimed at both the liquor industry and the general public; • the introduction of an accredited training program targeting licensees and liquor servers. The Responsible Service of Alcohol program was designed with accessibility as a major criterion and is competency based. The training package includes a video, workbook and other resources which can be completed at a licensee's or staff member's own pace and in their own time; and • targeted investigatory focus on intoxication issues.

The main reason this Department is associated with the recommendation is because the offence of Public Drunkenness is currently contained within the Liquor Act 1992. Agreement has been reached that the offence is to be relocated to the Vagrants, Gaming and Other Offences Act and be accompanied by appropriate referral powers for Police in its administration. As such, TSBI should be deleted as the lead agency responsible for implementation of this recommendation.

80 FYCC Pt/Imp (FYCC) Part Implemented Discussions were held with a view of furthering the /HEAL Government's policy of providing diversionary centres as a strategy for addressing the problem of public drunkenness.

81 QPS Not Imp (QPS) Not Implemented The Department of Health is the lead agency for this recommendation. Public drunkenness is still an offence in Queensland. However, the QPS supports the use of diversionary centres for the removal of intoxicated prisoners from police custody where practicable and legally possible.

1996-97 RCIADIC Implementation Table 190 Rec Other Status Commentary No Agency

82 FYCC Ongoing (DLGP) Ongoing The Local Government (Aboriginal Lands) Act 1978 was amended in March, 1995 to assist with community control of sly-grogging and drinking in public and private places.

Part 6 of the Act provides for the declaration of places where the possession or consumption of alcohol is prohibited or controlled in the Shire of Aurukun. It establishes a framework to achieve declarations through the establishment of the Aurukun Alcohol Law Council which comprises community elders representing the main traditional land groupings within the Shire . The legislation provides for community participation in decision-making, enforcement and appeal mechanisms.

The provisions were enacted on a trial basis on two and were due to expire on 1 December, 1997. This sunset provision was extended for 18 months until 30 June, 1999 to enable a proper evaluation of its success . Officers of the Department will be travelling to Aurukun in late September, 1998 to carry out an evaluation of the legislation.

The Council has a permit to carry alcohol in excess of the prescribed limits over the access road and barge landing areas to enable the servicing of the Aurukun Three Rivers Tavern.

The Law Council has several applications for the declaration of "dry" areas pending. The Queensland Police have issued several warnings in relation to offences under the Act but to date have not been required to prosecute.

83 TSBI/FYCC Ongoing (TSBI) Ongoing Section 173 of the Liquor Act provides that it is generally an offence to consume liquor in a public place . The section also adequately provides for self- determination by the Local Authority of where liquor can be legally consumed in public places. It is the responsibility of the relevant Local Authority to consult adequately and appropriately represent the wishes of the local community in respect of public place liquor consumptio.

Where permits are issued by the Liquor Licensing Division for special events where liquor is consumed in a "public place", the Division consults with the Local Authority and Policy and, if it is within an Aboriginal community or involves a significant Aboriginal population , with relevant Aboriginal groups.

84 QPS/FYCC Imp (QPS) Implemented See comments R.221. The Cultural Advisory Unit of the Office of IDTSBI the Commissioner, QPS, maintains a 'watching brief on the issue of public drinking as it relates to Indigenous people to ensure the strategic interests of the QPS are adequately considered . QPS officers, including Police Liaison Officers, regularly participate in Community Consultative Committees and community meetings to address a wide range of issues including public drinking. For example, the Officer in Charge , Aurukun Police Station , provides advice to the local Alcohol Law Council.

(FYCC) Part Implemented $1,638,851 was allocated to 12 services (5 in Aboriginal and Torres Strait Islaner communities . Eight servcies, including Aurukun and Woorabinda are operational. FYCC staff are assisting the other four , including Doomadgee , Cherboug and Mornington Island to facilitate the development of submissions for the current funding allocation.

(TSBI) Ongoing See (R.83)

1996-97 RCIADIC Implementation Table 191 Rec Other Status Commentary No Agency 85 HEAL/QPS Not Imp (QPS) Not Implemented See comments R.81.

(HEAL) Implemented Queensland government has endorsed a new policy on the management of public drunkenness. See (R.59).

86 QPS Imp (QPS) Implemented Chapter 3, 'Prosecution Process' of the QPS Operational Procedures Manual (Justification for Arrest) directs that police should only arrest offenders for minor matters where proceedings by way of complaint and summons would not be effective or appropriate. OPM policy also requires Officers in Charge of stations or establishments to regularly monitor good order (including obscene/offensive language offences) and other minor offence records on the Crime Reporting Information System for Police (CRISP) computer system to ensure that police under their control comply with the 'Justification of Arrest policy. 87 QPS Pt Imp (QPS) Part Implemented Parts (a), (b) & (c): See comments Rs. 42 & 86.

Part (d): Chapters 5 & 16 of the QPS Operational Procedures Manual provide policy, orders, and procedures for investigating offences committed by children based upon the provisions of the Juvenile Justice Act 1992. The policy, orders, and procedures refer to arrest as a last resort and formal cautioning for first or subsequent offences dependent upon the circumstances and seriousness of each particular offence, with a view of diverting children from anti-social behaviour and the Court's criminal justice system. A QPS Commissioner's Circular encouraged police officers to issue verbal cautions, in appropriate cases, regarding minor streetibehaviour offences, minor pedestrian offences, and minor driving offences. POLARIS, CRISP and other QPS systems are moving to streamline offender processing. The Police Powers Review also addresses the need to streamline processes and promote summons and Notice to Appear as other options to arrest. Also see comments R.239.

88 QPS Imminent QPS) Imminent See comments R.232.

Parts (a), (b) & (c): The QPS Review of Policing on Remote Aboriginal and Torres Strait Islander Communities report and recommendations addresses this recommendation. This review involved extensive community consultation. Community Consultative Committee meetings and similar public forums are regularly attended by sworn police and Police Liaison Officers in all Regions to facilitate the delivery of policing services. Bingham Review recommendation 130, relating to a full analysis of policing needs in the Torres Strait, has been completed by consultation and a report is being compiled. The QPS has developed a draft "Strategic Diretions for Policing with Aboriginal and Torres Strait Islander Communities" document with appropriate consultation. Increased police numbers including female officers, introduction of PLOs, improved community consultation processes with Indigenous agencies and legal services and formalisation of protocols address this recommendation. The Cultural Advisory Unit, Office of the Commissioner, QPS, meets with the Queensland Aboriginal and Islander Legal Services Secretariat on a monthly basis.

1996-97 RCIADIC Implementation Table 192 Rec Other Status Commentary No Agency

89 DJUS Imp (QPS) Implemented Policy, orders, and procedures are included in Chapter 16 'Custody' of the QPS Operational Procedures Manual to address the bailing of prisoners from custody in compliance with the Bail Act 1980. The QPS has approved the use of EFTPOS electronic banking facilities in selected watchhouses and police stations to assist with payment of warrants . It is proposed that the use of EFTPOS for bail payments will be considered at a later stage.

(JUS) Imminent Matter to be considered when the Bail Act 1980 is reviewed. A matter for the QPS.

90 QPS Pt Imp (QPS) Part Implemented Parts (a) and (b): Chapter 16, 'Custody', of the QPS Operational Procedures Manual provides policy, orders, and procedures for notification of Aboriginal and Torres Strait Islander legal services upon the arrest of Aboriginal and Torres Strait Islander people . This chapter also includes policy, orders, and procedures concerning access to prisoners in watchhouse custody by legal representatives, cell visitors, and any other person who has an interest in their health or welfare.

Part (c): Will be considered by Department of Justice when the Bail Act 7(4) requires police to record reasons why bail is not granted.

91 DJUS Imp (JUS) Part Implemented Matter to be considered when the Bail Act 1990 is reviewed. 92 DJUS Imp (QCSC) Implemented Part 1, 4.(c) Principles of Juvenile Justice of the Juvenile Act 1992 states, a child "should be detained in custody for an offence (whether) on arrest or sentence only as a last resort."

JUS Implemented in the Penalties and Sentences Act 1992. Coalition Policy Statement suggests provisions to be re -examined.

As a result of the recent amendments to the Penalties and Sentences Act 1992, imprisonment of last resort is not a sanction for any offence of violence.

1996-97 RCIADIC Implementation Table 193 Rec Lead Status Commentary No Agencies

93 DJUS Pt Imp (JUS) Part Implemented. The Criminal Law (Rehabilitation of Offenders) Act 1986 puts in place a regime where certain criminal convictions are expunged after specified periods of time.

94 DJUSI Imp (QCSC) Implemented Various alternatives to Community Service have been developed QCSC/ in consultation with individual Aboriginal communities. Community Corrections Area FYCC Offices have worked closely with Aboriginal and Torres Strait Islander community groups to develop and implement culturally-appropriate and relevant community service projects. Individual Area Managers consider orders on an individual needs basis and place offenders accordingly. Any amendment to the Penalties and Sentences Act to formally recognise this recommendation is the responsibility of the Department of Justice and Attorney-General and QCSC have sought advice about whether it is the intention of that Department to amend the legislation.

(JUS) Part Implemented Part (a) has been implemented. In relation to Part (b), if it not clear that community service can be totally performed by attendance at a personal development course.

(FYCC) Part Implemented Parts (a) and (b) of the recommendation are consistent with existing policy and guidelines.

95 QCSC/QPS Imp (QPS) Implemented Although this recommendation was not allocated as a QPS /FYCC responsibility, ongoing community crime prevention research by Regional Crime Coordinators, District Intelligence Officers, and local police is continually undertaken to identify crime trends, including unlawful use of motor vehicles and traffic offences. Where a need exists, crime prevention initiatives are implemented.

(QCSC) Implemented A relatively small percentage of Aboriginal and Torres Strait Islander people are in custody for Motor Vehicle Offences. At any given time approximately 5% of the total Indigenous prison population are incarcerated for offences involving motor vehicles. A number of these would relate to drink driving offences for which, drug and alcohol programs are offered in all areas of corrections.

The requirements of the Immediate Release Order Program (Juvenile Justice Act 1992, Part 5, Division 7, Subdivision 2), stipulate young offenders to be involved in counselling sessions. The counselling sessions must assist the young person to examine in detail the nature of their offence.

(JUS) Implemented The 1994 Report stated that anecdotal evidence indicated that motor vehicle offences were not a significant cause of Aboriginal imprisonment.

In any event the development of preventative programs is not really a matter for this Department.

1996-97 RCIADIC Implementation Table 194 Rec Lead Status Commentary No Agencies

96 QCSCI Imp (QCSC) Implemented In Northern regions, Community Corrections seek to ensure DJUS/ officers working with Aboriginal and Torres Strait Islander clients have some familiarity FYCC with the culture and expectations of those people through the employment of Aboriginal and Torres Strait Islander staff and also through the provision of cultural understanding programs. All Community Corrections regions in Queensland have run cultural awareness programs. More than 90% of staff have received training. An ongoing schedule of the program will ensure that new recruits are also trained in a timely manner.

(JUS) Implemented Support has been provided for the Australian Institute of Judicial Administration (AIJA) in the development and implementation of an Aboriginal Cultural Awareness program for the judiciary throughout Australia. The Queensland judiciary is consulting with the AIJA on future action in this area.

The Supreme Courts Trial Division 1994/1995 Annual Report notes the development of courses for judges and magistrates and the attendance by judges and magistrates at these courses in 1995.

97 FYCC/ Imp (QCSC) Implemented The QCSC offers Cross Cultural Education at various times to QCSC non-Indigenous staff working in correctional centres, juvenile detention centres and community corrections. QCSC has employed a specialist officer for a number of years to train other Indigenous staff throughout the state to conduct local level Indigenous culture training sessions to non-Indigenous staff.

98 DJUS Ongoing (JUS) Ongoing Queensland has introduced three levels of Justices of the Peace. Only the top level, the professionally trained JP (Magistrates Courts), can determine charges and impose penalties.

99 DJUS Imp (JUS) Implemented As a matter of course, Courts would not allow proceedings to continue if doubt existed about a person's ability to understand proceedings.

Courts Division arranges, via its registry staff, and pays for, an interpreter where the Court calls for an interpreter.

On 5 May 1995, the Department agreed to run a 12 month pilot project in the Small Claims and Small Debt jurisdictions of the Cairns and Brisbane Magistrates Courts. The pilot will include the provision of interpreters to parties who are deaf or hearing impaired. Results will be collated at the end of the pilot period.

Recently, the Courts Division agreed to participate in another study to be conducted at two Magistrates Courts registries in Queensland which will provide access to interpreters on request to those clients requiring assistance from registry counter staff.

The Department has provided internal funding for the translation of the Domestic Violence information sheet into a number of languages. Investigation is being undertaking into the feasibility of one of the languages being an Aboriginal language.

1996-97 RCIADIC Implementation Table 195 Rec Lead Status Commentary No Agencies 100 DJUS Imp (JUS) Implemented The Department has developed and implemented an Aboriginal and Torres Strait Islander Trainee Employment Strategy. Recruitment, particularly in the Magistrates Courts Branch, has followed the geographic suggestion in the recommendation. A particular consideration in targeting was the size and location of Aboriginal and Torres Strait Islander communities. In 1996, the Courts Division will monitor the use of interpreters in the Inala Courthouse and a country courthouse. This project includes the use of Aboriginal interpreters. The number of Aboriginal and Torres Strait Islander staff employed in Queensland Magistrates Courts offices is currently 42. Employment is proceeding on the basis of completion of Courts traineeships by participants. Human Resources Services Branch officers work with Magistrates Courts officers to place trainees in suitable positions as they complete their traineeships.

(FYCC) Implemented Mr Neville T Bonner assisted Judge Fred McGuire in the Children's Court at Cherbourg. Mr Bonner, as an Aboriginal Elder, played an equal part with the Judge in all respects including sentencing. This occasion was regarded as a successful pilot for possible use of Aboriginal Assistants in court.

101 QCSC/ Imp (QCSC) Implemented The Court advisory service in Brisbane has this responsibility. FYCC Area Managers work closely with the local courts. In remote communities Regional Managers also meet with the Magistrates and Judges. Community, Correctional Officers servicing remote Aboriginal and Torres Strait Islander communities often accompany magistrates on the various court circuits in far north Queensland. They provide magistrates with advice on the community supervision options available and the suitability of clients for such options.

While no formal evaluation of these programs has been conducted for some years, the continuing escalation in their utilisation indicates the Courts perceive them to be effective.

QCSC has implemented a process for providing the judiciary with an annual report on the effectiveness of Community Correction's programs, with the first report to be supplied at the end of the 1995/96 financial year.

102 QCSC/ Imp (QCSC) Implemented Procedure and practice is to proceed by complaint unless the FYCC offender cannot be located. 103 QCSC Imp (QCSC) Implemented The Penalties and Sentences Act introduced in 1992, provides that not more than ten hours of community service may be required for each penalty unit involved. Up to fourteen days imprisonment per penalty unit may be required in default of fine payment.

QCSC has sought advice from the Department of Justice and Attorney-General as to whether that Department intends to implement this recommendation through legislative amendment. No further action can be undertaken on this recommendation by QCSC.

1996-97 RCIADIC Implementation Table 196 Rec Lead Status Commentary No Agencies

104 QCSC/ Imp (QCSC) The QCSC has been and is involved in extensive consultation with remote FYCC communities. This has led to the establishment of "outstations" (Wathaniin and Baa's Yard) and the employment of a community development worker at Kowanyama.

Other initiatives are planned for 1996. To commence this process extensive consultation was undertaken by the QCSC Board with Aboriginal communities in 1995. QCSC has requested advice from the Department of Justice and Attorney-General concerning consultation processes between the judiciary, and Aboriginal communities. The QCSC has expressed its willingness.

The (QCSC) was instrumental in establishing the Community Justice Groups at Palm Island, Kowanyama and Pormpuraaw. These Justice Groups are a major conduit for the inclusion of Aboriginal community leaders in decisions made in relation to an individual's correctional management.

Visiting magistrates to Palm Island and Kowanyama now regularly consult Community Justice groups in the sentencing process of persons before the courts. In practically all cases, the magistrates have acted on the recommendations of the members of the Justice groups. 105 COMM ATSIC

106 COM ATSIC 107 COMM ATSIC

108 COMM ATSIC

109 QCSC/JAG Imp (QCSC) Implemented The QCSC has introduced a number of non-custodial options, /FYCC including outstations at Pormpuraaw, Aurukun, Palm Island and Mount Isa. The WORC scheme provides a non-custodial option for low and open security prisoners. The QCSC has also initiated Community Justice programs at Palm Island, Pormpuraaw and Kowanyama. QCSC continues to offer one of the widest range of community-based options in Australia.

The legislation of the Juvenile Justice Act 1992 incorporates a range of non-Custodial sentencing options available to Courts. The options are as follows: (a) Good behaviour orders Part 5 Division 3 128. (b) Fine orders Part 5 Division 4 130. (c) Community service orders Part 5 Division 6 146. (d) Immediate release orders Part 5 Division 7 Subdivision 2 175. (e) Fixed release orders Part 5 Division 7 Subdivision 3 188. (f) Cautions Part IC Division 1 11. (g) Community conferencing Part IC Division 2 Subdivision I 18A. (h) Probation orders Part 5 Division 5 132.

(JUS) Implemented The 1994 Report stated that this recommendation had been implemented.

1996-97 RCIADIC Implementation Table 197 Rec Lead Status Commentary No Agencies 110 COMM/ QCSC

111 QCSC/ Imp (QCSC) Implemented The QCSC continues to consult with Aboriginal communities in FYCC the development of pre and post-release support schemes. The Mount Isa region communities and Palm Island community worked closely with QCSC in relation to the establishment of the alternative to imprisonment options at those two commities.

112 QCSCI Imp (QCSC) Implemented All non-custodial options are currently resourced. FYCC

113 QCSCI Imp (QCSC) Implemented Aboriginal and Torres Strait Islander organisations are FYCC encouraged to participate in non-custodial sentencing orders. Members of the Palm Island, Pormpuraaw and Kowanyama community participate in the Community Justice group. Community service work programs operate at remote communities in consultation with Aboriginal communities.

114 QCSC/ Imp (QCSC) Implemented Aboriginal and Torres Strait Islander people from various FYCC communities are employed as casual community service supervisors.

QCSC continues to have one of the highest Aboriginal and Torres Strait Islander staffing proportions of all public sector agencies.

(FYCC) Ongoing For the period of 1996197, the status of this recommendation has not changed.

1996-97 RCIADIC Implementation Table 198 Rec Lead Status Commentary No. Agencies

115 QCSC/ Imp (QCSC) Implemented QCSC has developed an extensive offender database which FYCC incorporates a number of data items specific to Aboriginal and Torres Strait Islander offenders. In 1995, the QCSC finalised a complex computer program which provides data on offenders returned to QCSC supervision or custody within one year and two years of sentence completion. This program can isolate Aboriginal and Islander offenders from the total offender population and thus provide comparative data if required. This measure of recidivism conforms with the national standard developed by the Review of Commonwealth/State Service Provision (Report on Government Service Provision: 1995).

However, the Review noted (p.485) that: "Corrective Services in each jurisdiction is part of a wider criminal justice system encompassing courts and police. All jurisdictions agree that reducing the incidence of recidivism may be one of a number of objectives of the criminal justice system. Most jurisdictions also view (a reduction of recidivism) as an objective of corrective services, but acknowledge that many factors outside the control of corrective services also affect the level of recidivism". The Report showed that Queensland recorded the lowest prison and community supervision recidivism rates in Australia, of all the jurisdictions which reported on the indicator.

116 QCSC/ Imp (QCSC) Implemented Consultation process is in place. Refer to recommendations FYCC 111 and 113.

117 DJUS/ Imp (QCSC) Implemented The Penalties and Sentences Act supports the principle that QCSC/ alternatives other than imprisonment should be available Courts for breach of a FYCC Community Service Order. In the case of Community Service Order breaches, a range of options is available including admonition and discharge, fine, increased hours and extension of time to perform the work. Breach of Fine Option Orders provide more limited options for Court- imposed penalties. The Court may admonish the offender and extend the time in which community service is to be performed or revoke the order which means the offender must pay the fine or serve the default period.

(JUS) Implemented Part 7, Division 2 of the Penalties & Sentences Act 1992 provides, in the case of a breach of CSO, a wide range of options which include admonition and discharge, fine, increased hours and extension of time to perform work. In the case of Fine Option Orders being breached, the penalty provisions include admonition and extension of the time to perform the work, or revocation of the order which means that the offender must either pay the fine or serve the prescribed L-L period of incarceration.

1996-97 RCIADIC Implementation Table 199 Rec Lead Status Commentary No. Agencies

118 DJUS/ Imp (QCSC) Implemented QCSC has taken all action possible within its jurisdiction to FYCC implement this recommendation. The Government has not enacted home detention as a sentencing option, however the Penalties and Sentences Act provides courts with the option to use Intensive Corrections Orders in lieu of enforcing sentences of imprisonment. Home Detention remains available as a means of gradual supervised release for prisoners under the Corrective Service Act 1988. QCSC can take no further action in relation to this recommendation but has sought advice from the Department of Justice and Attorney-General in relation to any proposed changes to legislation.

(JUS) Part Implemented The previous Queensland Government did not support home detention as a sentence option. However it is available as a means of early release under the Corrective Services Act 1988.

119 QCSC/ Imp (QCSC) Implemented The QCSC ensures that there is Aboriginal representation on FYCC all Community Correction's Boards so that issues relating to Aboriginal and Torres Strait Islander people are adequately represented in the decision-making process. Aboriginal staff are employed in custodial corrections to provide support services for parole applicants. Aboriginal staff are also employed in Community Corrections to supervise the conditions of orders. Non-custodial options are available throughout the state. To ensure the widest possible coverage of the state, casual officers are employed to assist permanent staff. A number of these casual staff are Indigenous.

120 QPS/ Imp (QPS) Implemented QPS destroys warrants under the authority of the Disposal of DJUS/QPS Unexecuted Warrants Acts 1985. QPS policy authorises the disposal of warranted of commitment after 10 years of existence, and arrest warrants after 20 years of existence, subject to assessment of fine amounts and the seriousness of the crimes involved. About 30,000 warrants have been destroyed to date. The introduction of POLARIS has streamlined warrant handling and management procedures, increasing the likelihood of quicker arrest/satisfaction and lessening the incidence of warrants being held for long periods.

(DJUS) Ongoing The Disposal of Unexecuted Warranted Act 1985 provides a method for the cancellation of long-outstanding warrants.

121 DJUS Imp (JUS) Implemented Section 74 of the Penalties and Sentences Act 1992 provides for admonition and/or extension of time to pay by instalments or otherwise, community service or revocation of the order.

1996-97 RCIADIC Implementation Table 200 Rec Lead Status Commentary No. Agencies

122 QPS/ Imp (QPS) Implemented Parts (a) & (b): Chapter 16 'Custody' of the QPS Operational QCSC/ Procedures Manual sets out duty of care requirements in conjunction with the Criminal FYCC Code provisions.

Part (c): Duty of care/custody training is included in the Police Recruit Operational Vocational Education (PROVE) Program, the First year Constable In-service Course, the Constables Development Program, Watchhouse guidelines, and a 'Custody Issues' Competency Acquisition Program (CAP) unit which is based on QPS Custody Awareness Lecture Package.

(QCSC) Implemented The concept of Duty of Care underpins all QCSC training in areas associated with inmate management . Duty of Care is included in the mandatory Pre-service training course for all Correctional Officers employed by QCSC and is delivered by the QCSC solicitor.

Officers are trained in the application of the principles of Duty of Care through all policy, procedures and legislation. On-going training in both the legal and practical aspects of Duty of Care is provided through Core modules of the Diploma in Correctional Administration.

The concept and application of the principles of Duty of Care has been implemented in all youth detention centres and is incorporated in the Juvenile Justice Act 1992, PART 6, Division 1, 203.

123 QPS/ Imp (QPS) Implemented See comments R.122. QCSC/ FYCC The QPS Professional Standards Unit and the Criminal Justice Commission (CJC) investigate breaches of discipline/official misconduct under the provisions of the Police Service Administration Act 1990, the Police Service (Discipline) Regulations 1990, the Code of Conduct, and the Criminal Justice Act 1989. Breaches of official procedures relating to the care of persons in custody would be subject to disciplinary investigations. QPS instructions contained in the OPM and HRM Manual are available for inspection under the Freedom of Information Act.

(QCSC) Implemented All Commission rules dealing with the care of persons in custody are included in pre-service training. The behaviour of officers is dictated through the ethical standards of the QCSC Code of Conduct. All pre-service officers affirm and sign off on the Code of Conduct as part of their graduation ceremony.

Code of Conduct is displayed in all correctional centres and juvenile detention centres, in training rooms and in common areas of the Training Centre. All officers are issued with a personal copy of the Code.

Section 43 of the Administration Act provides for disciplinary procedures for breaches of the Code of Conduct.

1996-97 RCIADIC Implementation Table 201 Rec Lead Status Commentary No. Agencies 124 QPS/ Imp (QPS) Implemented Chapter 16 'Custody' of the QPS Operational Procedures QCSC Manual includes procedures for initiating the Service Critical Incident Stress Debriefing Program delivered by Human Services in relation to serious incidents including suicides and attempted suicides of persons in custody. Officers responsible for subsequent investigations into such incidents are to initially review the procedures and actions taken in relation to the incident and take any additional action required to remedy any deficiencies. Section 22.1.7 of the Service's HRM Manual addresses procedures for critical incident stress debriefing.

(QCSC) Implemented QCSC has implemented a policy on Critical Incident Stress Debriefing that is to be undertaken following any major incident including serious self- harm or death in custody.

Procedure 1.5 of the Youth Detention Centre Practices and Procedures Manual incorporates the procedure recommended.

125 QPS Imp (QPS) Implemented A computerised . Custody Index has been developed and introduced in QPS establishments including watchhouses to record details (including health) of persons arrested, detained, or questioned for indictable offences. Details of any arrested person coming into police custody are also entered for reference in a Watchhouse Custody Register by the Charging Officer. The information includes details of prisoners' health, whether suicidal, and any medication taken. All prisoner inspections are recorded in the Prisoner Inspection Register. Chapter 16 'Custody' of the Operational Procedures Manual contains policy, orders, and procedures relating to the general care and management of persons in custody. The Custody Register has a record of the screening process and is checked by managers and the Commissioner's Inspectorate as part of the ongoing risk management process.

126 QPS Imp (QPS) Implemented See comments 8.125.

(QCSC) Implemented QCSC has developed a comprehensive screening process covering general and medical health, self harm and suicide, drug and alcohol abuse as well as various social factors. This system is the basis of the Commission's prisoner reception process. This applies at all reception centres throughout Queensland. These screening processes have been subject to a number of reviews and improvements after deaths in custody.

A Risk/Needs assessment is also conducted for all prisoners received into custody and this instrument is also currently being reviewed and upgraded.

Procedure of Youth Detention Centre Practices and Procedures Manual stipulates that within twenty four hours of being admitted, detainees must be medically examined by nursing staff and, as soon as practical, are to be examined by a Doctor.

1996-97 RCIADIC Implementation Table 202 Rec Lead Status Commentary No. Agencies

127 QPS Pt Imp (QPS) Part Implemented Parts (a) and (b): Nurses in Watchhouses Project being implemented after a successful trial in Cairns. ($75,000 seeding funding and $240,000 to be provided by Health Department annually). Phase 1 - Brisbane City Watchhouse; Phase 2 - Cairns, Townsville, Mt Isa, Rockhampton, Maroochydore, Ipswich, Southport and Holland Park; Phase 3 - Innisfail, Mareeba, Normanton, Mackay, Gladstone, Bundaberg, Murgon, Toowoomba, Warwick, Beenleigh.

Part (c): No strategic agreements between QPS and Aboriginal Health Services re their delivery of nursing services to watchhouses.

Parts (d) and (e): Chapter 16 'Custody' of the QPS Operational Procedures Manual sets out general policy, orders, and procedures relating to the recording of medical information upon reception of prisoners in watchhouses and the transfer of this information upon removal of prisoners to other establishments. Information exchange processes occur at a local level and are written into local watchhouse Standing Operating Procedures.

Part (f): See comments R. 125. Addressed in Custody Awareness training to police, local Standard Operating Procedures and custody management processes limit risks associated with custody matters as well as addressing the issues raised in this recommendation. Localised processes are in place for contacting QAS, GMOs and local medical attention suppliers.

128 QCSC Imp (QPS) Implemented Arranges for medical treatment of prisoners detained in police establishments in accordance with the policy, orders, and procedures set out in Chapter 16 'Custody' of the QPS Operational Procedures Manual. The QPS does not discriminate on the level of medical attention provided to QPS and QCSC prisoners. Every effort is made to limit the time QCSC prisoners stay in QPS care.

(QCSC) Part Implemented QCSC has participated in reviews of medical services provided to police watchhouses. A recently-established working group involving representatives from QPS, QCSC and the Health Department, has agreed in principle that the issue of nursing support in the watchhouses lies with Queensland Health Department.

129 QPS Imp (QPS) Implemented An evaluation of use of breath analysis equipment in watchhouses has been undertaken by QPS in consultation with Aboriginal Health and Legal Service representatives. Mandatory breath testing of prisoners was not adopted. Refer to: A Trial Alcohol Breath Testing Program among Watchhouse Detainees' Research & Evaluation Unit, Commissioner's Inspectorate, August 1994.

1996-97 RCIADIC Implementation Table 203 Rec Lead Status Commentary No. Agencies 130 QPS/ Imp/ (QPS) Implemented See comments R. 127. A Memorandum of Understanding has QCSC Pt Imp been signed by QPSIQCSC.

(QCSC) Part Implemented Information protocols exist for the transfer of information where police officers and visiting medical officers have such information. The transfer of Health and Medical information from the watchhouse will be enhanced when health staff are available in watchhouses.

In December 1991, The Department of Families, Youth and Community Care and the Queensland Police Service issued a joint policy regarding the detention of children in watch houses. The policy requires that DFYCC check departmental records and provide any available and relevant information to Police.

A suicide-risk indicator has been incorporated on the computerised client information system of DFYCC.

All information about the apparent state of the person's health must be available to detention centre staff on admission. In cases where apparent medical attention is necessary, admitting officers must request that the police seek appropriate medical intervention.

Procedure 2.1 of the Juvenile Detention Practices and Procedures Manual incorporates this procedure.

Juvenile Justice Act 1992, Part 6, Division 1, 203,212,226 incorporates this recommendation.

131 QPS Imp (QPS) Implemented See comments Rs. 125 & 127. 132 QPS Imp (QPS) Implemented Parts (a) - (c): See comments Rs. 125 & 127. Chapter 16 'Custody' of the QPS Operational Procedures Manual sets out duties of watchhouse keepers at change of shifts. Policy, orders, and procedures refer to assessment and recording of prisoners' medical requirements and briefing of watchhouse keepers commencing duty about any prisoner requiring special attention or supervision.

1996-97 RCIADIC Implementation Table 204 Rec Lead Status Commentary No. Agencies

133 HEAL/ Imp (QPS) Implemented Parts (a) - (d): See comments R.122 & R . 160. QPS requires FYCC/ police recruits to have successfully completed a Senior First Aid Certificate from St QPS/ John Ambulance, Australian Red Cross , or the Queensland Ambulance Service, prior QCSC to appointment. Follow-up First Aid training and assessment has been introduced as part of the Competency Acquisition Program (CAP) to which all police have access. Section 16.22.3 of the OPM requires an officer in charge of a watchhouse to ensure that staff are trained in the use of first aid and resuscitation equipment provided at the watchhouse.

(HEAL) Implemented Queensland Health , in consultation with the Aboriginal and Islander Community Health Service (AICHS), and the Queensland Police Service, has developed a Custody Awareness Lecture Package which includes training on: • legal obligations and (Duty of Care ) liabilities. • assessment, inspection and supervision responsibilities; and • the mental and physical health requirements of people in custody.

Queensland Health is to respond as requested.

134 QPS/ Imp (QPS) Implemented See comments R. 123. FYCC The QPS Code of Conduct and the Operational Procedures Manual set out requirements for police officers when interacting with community members including prisoners in custody. These requirements reflect the principles of this recommendation.

135 QPSI Imp (QPS) Implemented Chapter 16 'Custody' of the QPS Operational Procedures Manual FYCC sets out policy, orders, and procedures regarding the health of persons in custody which incorporates the principles of this recommendation. In particular Sections 16.9.1 Prisoner's health prior to acceptance in a watchhouse ; 16.13.1 sets requirements regarding health of prisoners in watchhouses; 1.13.2 relates to use of police vehicles to move injured people. See comments R. 133.

1996-97 RCIADIC Implementation Table 205 Rec Lead Status Commentary No. Agencies 136 QPS Imp (QPS) Implemented See comments R. 135

(QCSC) Implemented First officer response procedures are identified in Commission Rule 135 and 137. All Secure Correctional Centres have 24 hour nursing service. Where necessary, prisoners requiring hospitalisation are transferred immediately.

Implementation of Suicide intervention is incorporated in Procedure 3.4 of the Juvenile Centre Practices and Procedures Manual.

Ongoing operational responses to a notification of suicide risk is as follows: • Clear and immediate communication between all Unit staff and recording of the notification on the Department of Families, Youth and Community Care's Client Information System; • Recording of all observations; • Suicide Risk Assessment Teams with an Indigenous staff worker on panel; and • Unit staff to hold a First Aid Certificate and have a thorough knowledge of First Aid equipment.

Mandatory training for juvenile detention staff includes a basic First Aid Course and Suicide Prevention Course.

Detention Centres are in the process of employing 24 hour nursing coverage for one centre with a view to full coverage across all centres.

137 QPS Imp (QPS) Implemented See comments R. 125. Parts (a)(c) & (d): Chapter 16 'Custody' of QPS Operational Procedures Manual sets out policy, orders, and procedures for assessment and regular inspection of prisoners in police custody. Part (b): The frequency of checks will be determined on a priority basis by inspecting officers following assessment of each prisoner's health or demeanour. Intervals between inspections are required to be no greater than one hour. It would not be practicable to increase staff numbers at all watchhouses in Queensland to maintain prisoner inspections at 15 minute intervals during the first two hours of custody. New and upgraded watchhouse facilities contain audio and visual monitoring systems providing secondary inspection systems.

138 QPS Imp (QPS) Implemented Chapter 16 'Custody' of the QPS Operational Procedures Manual includes an order for inspection officers to immediately notify the watchhouse keeper if a prisoner is assessed as requiring medical assistance and such details are to be recorded in the Prisoner Inspection Register. See comments R. 137.

1996-97 RCIADIC Implementation Table 206 Rec Lead Status Commentary No. Agencies

139 QPS Imp (QPS) Implemented See comments Rs. 137 & 138. Parts (a) & (b): Chapter 16 'Custody' of the QPS Operational procedures Manual requires that regular, personal prisoner inspections are to be conducted irrespective of whether or not video monitoring equipment is installed in watchhouses. All new watchhouses are designed to conform with the requirements of this recommendation. Existing watchhouses and holding facilities have been inspected and, subject to resource availability, are being modified where hazards and surveillance needs were detected. All new watchhouse facilities include state of the art design and surveillance equipment. Old facilities are upgraded with new surveillance equipment. Two-way intercoms are now installed. New facilities comply with: (1) 'Standard Guidelines for Police Custodial Facilities in Australia'; (2) 'United Nations Minimum Standards for the Treatment of Prisoners'; and (3) Provisions of the Building Code of Australia. Consultation for watchhouse design has been undertaken with the Human Rights Commission, Aboriginal Justice Advisory Committee ATSIC and operational police. Independent academics are acting as consultants on the design of new facilities. 140 QPS/ Pt Imp (QPS) Part Implemented See comments Rs. 139 & 332 QCSC All new watchhouses comply with the requirements of this recommendation. QPS considers that cell surveillance equipment installation in watchhouses is of highest priority. In new QPS watchhouses, detainees have the ability to conduct two-way conversations with custodial officers by way of intercoms fitted to every cell. During the financial year 1995/96, a centralised watchhouse upgrade program was implemented. A total of $1.47 million was committed to undertake upgrading work on 29 facilities in Queensland. Since the RCIADIC, new watchhouses have been constructed at Aurukun, Cairns, Cooktown , Inala, Innisfail, Kowanyama, Lockhart River, Magnetic Island, Moranbah, Mornington Island, Mossman, Normanton, Sandgate, Warwick, Wynnum, and Weipa. During the financial year 1996/97 new watchhouses will be completed at Bundaberg, Doomadgee, Hervey Bay, Mackay, and Rockhampton. Demolition work has started on the site of the proposed new Brisbane Watchhouse to be constructed.

(QCSC) Part Implemented QCSC maintains programs to ensure that all prisoners in secure custody have access to a cell call facility. Systematic extension of these services will continue, subject to available resources. In excess of 70 % of all cells in Queensland have access to cell call facilities.

All rooms in the new annex of John Oxley Youth Detention Centre are equipped with an intercom system. Systematic extension of these services to detention centres will continue, subject to available resources.

141 QPS Imp (QPS) Implemented See comments R. 137. Chapter 10 'Escorts and Extraditions' of the QPS Operational Procedures Manual sets out procedures for the escort of persons in custody (who can not be granted bail) to another watchhouse because of inadequate facilities or an inability to provide proper supervision; e.g. the officer at a one person station may not be able to provide adequate supervision of a prisoner to fulfil duty of care and safety requirements because of urgent duties.

1996-97 RCIADIC Implementation Table 207 Rec Other Status Commentary No Agency 142 QPS Imp (QPS) Implemented Padded cells are not provided in centres with a high Aboriginal detainee population but are still provided in new watchhouse facilities in major centres. Chapter 16 'Custody' of the QPS Operational Procedures Manual includes policy that watchhouse keepers should only use padded cells, where they are available, for the management of violent or aggressive prisoners in the interests of the safety of prisoners and others. They are to ensure a padded cell is not used for punishment of prisoners. New facilities have observation cells without the sensory deprivation in padded cells. Violent offenders are placed in these cells which all have video monitoring.

143 QPSIFYCC Imp (QPS) Implemented Chapter 16 'Custody' of the QPS Operational Procedures Manual requires that watchhouse keepers are to ensure that wholesome and varied meals are supplied to prisoners three times a day.

144 QPS/FYCC Imp (QPS) Implemented See comments R.137. Chapter 16 'Custody' of the QPS Operational Procedures Manual sets out policy, orders, and procedures relating to segregation of prisoners. Where it is necessary for the safety and welfare of each prisoner, the watchhouse keeper can exercise a number of options including the placement of Aboriginal or Torres Strait Islander prisoners in a multi-prisoner cell where practicable.

145 FAIA/QPS Imp (QPS) Implemented See comments R. 137. Parts (a) - (d): QPS watchhouse staff work closely with Cell Visitor organisations and Diversionary Centres where they have been established. These services complement the existing police supervision of prisoners. The QPS has produced and distributed to all Cell Visitor organisations and Diversionary Centres a Cell Visitors, Diversionary Centre Workers and Watchhouses Guide and Information Kit to facilitate training of staff. Section 16.23 of the OPM sets out policy regarding cell visitors. Cell Visitor Schemes operate at all major watchhouses throughout Queensland.

146 QPS/FYCC Imp (QPS) Implemented Chapter 16 'Custody' of the QPS Operational Procedures Manual provides policy, orders, and procedures regardng communication with, and by, prisoners. The watchhouse keeper should, subject to operational and/or security needs of the watchhouse, and the consent of prisoners, permit parents, guardians, legal representatives, and other persons who have an interest in their health or welfare to visit or speak with them.

147 QPS/ Imp (QPS) Implemented See comment R.146. FYCC Chapter 16 'Custody' of the OPS Operational Procedures Manual sets out policy, orders, and procedures relating to the reception and medical transfer of prisoners; and to serious illness, serious injury, or attempted/suicide of prisoners in police custody. Watchhouse keepers and/or investigating officers should, where appropriate, ensure the notification of next of kin, the appropriate Aboriginal and Torres Strait Islander Legal Service, or similar organisation as soon as reasonably possible in relation to such incidents. Responsible officers should take any other appropriate action aimed at preventing the likelihood of any prisoner committing suicide.

1996-97 RCIADIC - Implementation Table 208 Rec Other Status Commentary No Agency

148 QPS Imp (QPS) Implemented See comments Rs. 86, 140, 141, 145 & 332. Where appropriate, intoxicated Aboriginal and Torres Strait Islander prisoners are granted bail as soon as practicable and transferred to existing Diversionary Centres. Cells in new facilities are now grouped in modules around a central exercise area. Arrangements encourage interaction and visual access. Non-contact visitor facilities are built into new facilities. In Aboriginal facilities visitor courts are provided for extended visitations. Extensive community and key agency consultation occurs regarding design. Local communities are consulted in the design phase and are kept informed of progress. Plans and a model are publicly displayed before building commences.

149 QPS Imp (QPS) Implemented See comments Rs. 140 & 332. New QPS watchhouses comply with current human rights standards as detailed in the Council of Europe's 'Standard Minimum Rules for the Treatment of Prisoners'. In remote Aboriginal communities, the QPS has developed a separate standard for new watchhouses in consultation with the Aboriginal and Torres Strait Islander Community Councils and the Aboriginal Justice Advisory Committee. New design standards allow prisoners to move freely between exercise areas and cells during periods of exercise. In new Aboriginal and Torres Strait Island community facilities, the access extends to exterior exercise areas. Due to the configuration of existing facilities it is difficult to achieve this when retro-fitting these facilities. OPM 16.22.17 also allows for prisoners to undertake some work tasks in a watchhouse. Watchhouse procedure promotes quick movement of prisoner to QCSC facilities or larger facilities, as required.

150 QCSC Imp (QCSC) Implemented Every secure centre has a 24 hour nursing service and an on- call service for visiting medical officers. Procedure 3.8 of the Youth Detention Centre Practices and Procedures Manual incorporates this procedure. Juvenile Justice Act 1992, Part 6 Division 1 203, Part 6 Division 2 212, and Part 7 226 also incorporate this procedure. The Aboriginal and torres Strait Islander Medical Services maintain an heavy involvement throughout youth detention centres in Queensland. Indigenous Youth Service visits regularly educating children in relation to sexually transmitted diseases and the Aboriginal and Torres Strait Islander Mental Health Team attend weekly. Twenty-four hour nursing is to be introduced into juvenile detention centres in line with adult prisons. Detainees also have access to visiting medical practitioners and dentists and the services of a full-time psychologist. A twenty-four hour on-call service by Medical Officers is also available as well as nursing staff restored twelve hours daily. Emergency cases are transferred to the nearest public hospital.

1996-97 RCIADIC -Implementation Table 209 Rec Other Status Commentary No Agency

151 HEAL/ Pt Imp (HEAL) Part Implemented The Queensland Mental Health Policy Statement for FYCC/ Aboriginal and Torres Strait Islander People identifies mentally ill offenders in custody QCSC as a priority group. The group's needs are addressed by the draft Forensic Mental Health Services Policy , issued for consultation within reference groups and government agencies in October 1996. Public consultation was conducted in August 1997. There is no set date for release of this document. With regard to guidelines and standards of clinical practice, the Mental Health Branch will liaise with appropriate Aboriginal and Torres Strait Islander agencies and individuals. There is now a full-time position for an Aboriginal and Torres Strait Islander Mental Health Worker at the John Oxley Memorial Hospital.

(QCSC) Not Implemented The general availability of psychiatrists is such that their is an extremely limited number of psychiatrists with specific Aboriginal expertise working in Queensland . However, the Visiting Psychiatrists to Correctional Centres do provide services for Indigenous inmates. A number of medical and nursing staff have also had previous experience with Aboriginal health issues, and can assist in the psycho- cultural aspects of medical care for Indigenous inmates. QCSC has introduced a Aboriginal and Torres Strait Islander Mental Health Program into Townsville and all SEQ correctional centres and juvenile detention centres. Indigenous Mental Health Workers visit centres on a roster basis or on call to work with professional staff on a mgre of issues conerning mental helth and spirituality relating to Aboriginal and Torres Strait Islander prisoners and detainees. Detention centres utilise the services of Aboriginal and Torres Strait Islander Mental Health Teams who visit the centres weekly and are instrumental in providing to our young children their spiritual and cultural needs.

152 QCSC Pt Im (QCSC) Part-Implemented a/c. A 24 hour nursing service is available in all secure Correctional Centres. A 24 hour on-call service by Medical Officers is also available . The QCSC employs the only Aboriginal doctor currently available in Queensland who undertakes services to Arthur Gorrie and Sir David Longland Correctional Centres . Aboriginal Health Services also provide a service specifically to Brisbane Women and Townsville Correctional Centres. A 24 hour nursing service is soon to be available in juvenile detention centres. b. The CQSC provides a number of Drug and Alcohol programs across its correctional centres and juvenile detention centres . The QCSC also funds community agencies to provide alcohol services including a day patient program at Townsville. The QCSC has also made funds available to provide training for community agencies to undertake the Ending Offending program in northern Queensland which is a culturally adapted Drug and Alcohol program for Aboriginal people. d. A number of investigations into Deaths in Custody and Coronial findings have indicated the requirement for appropriate facilities for the behaviourally disturbed. To establish such facilities would require significant infrastructure development and co- operation between QCSC and the Health Department. A project was undertaken to identify the requirements and to examine the feasibility of establishing this facility. The finding of this project was that the establishment of a special unit was not recommended.

1996-97 RCIADIC - Implementation Table 210 Rec Other Status Commentary No Agency

152 e. On reception, information on previous or current medical treatment is accessed and a comprehensive medical assessment is undertaken. A review of medical procedures inn on-going. In many instances access to health services by Aboriginal people in custody exceeds that available in some community areas. f. Each centre operates procedures to ensure the exchange of information between medical, administrative and custodial staff. Formal protocols for the exchange of information between staffing groups in relation to 'at risk' prisoners are enshrined in Commission Rule. The Transfer policy has recently been amended to ensure that information critical to a prisoner's well-being is communicated immediately at the time of transfer. These procedures ensure that information is exchanged in a manner which protects rights and confidentiality. g. Complete - contained in Commission Rule i. Complete - contained in Commission Rule ii. Complete - medical protocols apply for drug and alcohol withdrawal iii. Complete - medical protocols in place iv/v. Complete - all inmates are screened on reception as part of the medical assessment and the Risk/Needs assessment. Procedures for the management of'prisoners who are considered to be 'at risk' are contained in Commission Rule. vi. Complete - procedures in place for inmates diagnosed as suffering from mental illness. This process forms part of the medical and behavioural assessment. vii. Complete - medical protocols are in place. viii. Complete - medical information and requirements assessed on reception and procedures for prescription and distribution of medication are in place. ix. Complete - medical protocols are in place. 153 QCSC Imp (QCSC) Implemented a. Implemented - Health and medical services are subject to continual review and specific Centre Audits. b. Implemented - Refer to recommendation 152 (f). c. Professional control of Health and Medical services is held by the QCSC Consultant, Health and Medical Services.

154 QCSC Pt Imp (QCSC) Implemented - Aboriginal and Torres Strait Islander prisoner and detainee health issues form a component of annual conferences for doctors and nurses working in Queensland correctional facilities both adult and juvenile. The Consultant Health and Medical oversees these forums with the expectation that those professional staff will then provide training to centre nursing staff. A number of nursing staff, particularly in far north Queensland, have extensive experience in working with Indigenous people. QCSC has been unable to attract any Aboriginal nurses, however as identified in Recommendation 152 (a/c) wherever possible Aboriginal health services are sought.

155 FYCC/ Pt Imp (QCSC) Part-Implemented In January 1996 the Suicide prevention Training package QCSC was reviewed and updated. Explanations regarding 'Duty of Car' 'and 'Duty in Preservation of Life' were added. These sections also clearly indicate the legal responsibilities and possible consequences of criminal negligence.

1996-97 RCIADIC - Implementation Table 211 Rec Other Status Commentary No Agency

155 All officers attending pre -service training are trained in first-aid with subsequent training provided on an annual basis . First aid training focuses on suicide , self-mutilation and the appropriate emergency techniques , including CPR and blocking blood flow until medical assistance is available. Competency based training in counselling distressed inmates, identifying risk , cut-down techniques and the generation of appropriate reports is being included in pre -service training. Cross-cultural awareness training is included in pre -service training for all new Custodial Correctional Officers. All pre-service Aboriginal and Torres Strait Islander histories and culture education is presented by the senior Aboriginal and Torres Strait Island Development Officer. Aboriginal and Torres Strait Islander Health Issues is a component of pre-service training presented by the QCSC Consultant, Health and Medical. A compulsory module, 'Aboriginal and Torres Strait Islanders in Custody', has been included in the QCSC's new Diploma in Correctional Administration.

156 HEAL/ Pt Imp (HEAL) Part Implemented Queensland Health is prepared to provide psychiatric FYCC/ assessments when requested by Queensland Corrective Services Commission QCSC (QCSC). (QCSC) Implemented Medical procedures and practices incorporate issues identified. Upon admission to a detention centre, officers are required to check for previous notification of suicide risk on all detainees. All detainees must be examined by a Registered Nurse within twenty four hour of being admitted to a centre and examined by a medical practitioner as soon as possible. Procedures 3.8 and 2.1 of the Youth Detention Centre Practices and Procedures incorporate this recommendation. All detainees have access to a psychiatrist after being referred by appropriate medical staff. A psychiatrist visits John Oxley Detention Centre on a fortnightly basis. John Oxley and Sir Leslie Wilson both have access to the Adolescent Psychiatric Service at eh Royal Brisbane Hospital for detainees who have been assessed and referred.

157 QCSC/ Imp (QCSC) Implemented Prisoner records are maintained and reactivated immediately FYCC upon the re-admission of a prisoner. Procedures are in place to ensure that medical records are transferred with the prisoner at the time of transfer . The Medical-In- Confidence form which is completed in respect of all prisoners on reception includes a section where the assessing practitioner determines whether access to further medical records is required. Procedures 3.8 and 2. 1 of the Juvenile Detention Centre Practices and Procedures Manual incorporates this recommendation.

158 QPS/ Imp (QPS) Implemented Chapter 16 'Custody' of the QPS Operational Procedures FYCC/ Manual requires the officer who first discovers that a person in custody has attempted QCSC suicide, is seriously ill, or injured , to give priority to that person 's health and well bein g and call for assistance. (QCSC) Implemented This matter is addressed in Commission Rule. L

1996-97 RCIADIC - Implementation Table 212 Rec Other Status Commentary No Agency

158 Procedure 3.4 of the Juvenile Detention Centre Practices and Procedures Manual incorporates this recommendation. 159 QPS/ Imp (QPS) Implemented See comment R. 160. QCSC As a result of the Commissioner's Inspectorate research into the safest and most effective resuscitation equipment for police watchhouses , all watchhouses are now equipped with resuscitation masks, as are all operational police vehicles. Section 16.22.3 of the OPM requires Watchhouse Keepers to ensure all staff are trained in the use of first aid and resuscitation equipment. (QCSC) Implemented This recommendation has been fully implemented and on-going monitoring is incorporated into the audit process. Procedures 3.4 and 3.8 of the Detention Centre Practices and Procedures Manual incorporate this procedure.

160 QPS Imp (QPS) Implemented See comment R. 133. All police recruits must have a current First Aid Certificate and maintain it through the First Year Constable Program. A program of First Aid/resuscitation training for all staff at the Brisbane City Watchhouse has been developed in conjunction with the Royal Life Saving Association of Queensland. On a statewide basis , First Aid Training has been introduced as part of the Competency Acquisition Program (CAP) to provide access for all police to such training . Completion of CAP unit CW003 'First Aid' includes a requirement that police officers pass a practical test delivered by accredited Queensland Ambulance Service (QAS) personnel . Police officers will need to complete the First Aid CAP unit every three years to maintain their First Aid proficiency . Localised training by District Education and Training Officers supplements first aid training by the Competency Acquisition Program. (QCSC) Implemented All custodial staff are accredited to Red Cross /Basic First Aid standard during pre-service training. General Mangers are required to ensure that re- accreditation training occurs every two years . All Correctional Centre Nursing staff have been accredited by the Red Cross as First Aid trainers. Where 24 hour nursing care is not available Fist Aid officers are required to possess a Senior First Aid Certificate.

161 QPS/ Imp (QPS) Implemented Chapter 16 'Custody' of the QPS Operational Procedures Manual FYCC/ requires officers who have a duty of care responsibility to persons in custody to seek QCSC medical advice, assessment, or treatment for such persons when unsure of their medical condition. (QCSC) Implemented Advice is available 24 hour a day for medical or psychiatric concerns. Any medical emergency in a prisoner detention centre is transferred direct by ambulance to the appropriate hospital facility . Protocols exist to facilitate rapid ambulance entry into centres.

1996-97 RCIADIC - Implementation Table 213 Rec Other Status Commentary No Agency 162 QPS/ Imp (QPS) Implemented The QPS Operational Procedures Manual sets out policy, orders, QCSC and procedures regarding the use of firearms and use of force. Firearms training is undertaken on a six-monthly basis by all officers who are issued with weapons. Officers who fail the proficiency test must undergo further training. The QPS 'Project Lighthouse' commenced a review in 1995 of a range of 'use of force' issues during practical policing, including training programs and the standardisation of accoutrements including firearms, batons, and handcuffs. As a result of this project, all QPS personnel to the rank of Inspector are undergoing Police Operational Skills Training (POST) which will be completed by the end of 1997. New batons and firearms are being issued as part of this retraining . These initiatives embrace the principles of this recommendation. (QCSC) Implemented Training in use of firearms is mandatory for all newly recruited custodial officers and annually thereafter . The use of firearms is being reviewed as part of the legislative review currently in progress. The standards for the use of firearms are contained in Commission Rule.

163 QPS/ Imp (QPS) Implemented See comments R. 162. QCSC Police recruits and first year Constables undergo operational skills training (including control and restraint techniques) by Physical Skills Education Officers at the Queensland Police Service Academy. Project Lighthouse has been established to address risks associated with the use of lethal force , firearms, non-lethal force and operational skills training in response to high- risk situations. The principle goals are the need to clarify the 'use of force' philosophy and policies ; the need to standardise and upgrade firearms, accoutrements and training equipment currently available to police; and the need for the Service to introduce formalised training packages in order to address the need for an integrated operational skills and firearms training program. The first phase is now well underway with a Police Operational Skills Training (POST) instructors manual developed, POST training underway at the Academy, Statewide POST training to be completed by December 1997. QPS philosophy is based on COPS (Consider all Options and Practice Safety) operationalised in a situational use of force model which is central to POST training. COPS considers presence, communication, accoutrements , open handed tactics, baton, tactical withdrawal, closed hand tactics, and firearm. POST training is conducted twice yearly. All operational officers will receive regular training in restraint techniques , including the application of restraint equipment. Officers may use whatever force is reasonably necessary to protect themselves against unlawful assault using the COPS model. Regional Education and Training Co-ordinators also arrange regular ongoing operational skills training statewide. (QCSC) Implemented All Custodial Officers receive intensive control and restraint training during Pre-Service training. This program has a heavy focus on the avoidance of violence as a management practice with inmates. Officers are taught various levels of response to match escalation of conflicts as they occur, with the application of force as the last level of response . Communication and Human Behaviour modules are included in both Pre-Service training and in the Diploma in correctional Administration. Procedure 3.2 of the Juvenile Detention Centre Practices and Procedures incorporates this recommendation.

164 QPS/ Imp (QPS) Implemented See comments R. 87. QCSC Included in Chapter 16 'Custody' of the Operational Procedures Manual.

1996-97 RCIADIC - Implementation Table 214 Rec Other Status Commentary No Agency

164 (QCSC) Implemented Procedures for responding to self-harm are outlined in Commission Rules and do not include breach action. Procedures in detention centres for responding to self-harm do not include any form of disciplinary action.

165 QPS Imp (QPS) Implemented See comments R. 139. The provisions of the Workplace Health and Safety Act 1995 extend to all police stations and watchhouses. Chapter 16 'Custody' of the QPS Operational Procedures Manual requires a watchhouse keeper to inspect the watchhouse at the commencement of duty and take appropriate action to remove likely sources of injury to any person. The officer in charge of a watchhouse is to commence action to have identified defects rectified. 262 watchhouses statewide have been inspected, categorised and many de-commissioned. Categorisation was based on staff, demand, court facilities and facility condition. All remaining facilities have been hang proofed. New building design is 'state of the art' with electronic audio and visual monitoring televisions supplied.

(QCSC) Implemented The key thrust of this recommendation has been implemented by the QCSC with the positioning of fire and life saving equipment being subject to audit, so as to ensure that emergencies can be responded to appropriately and maximise the safety of all people in Correctional Centres. Following the Royal Commission, the QCSC took action to make physical changes to a number of cells in each secure correctional centre to greatly minimise the potential for self harm. These cells have been used for prisoners considered to be at risk. The new Woodford Correctional Centre is fully air-conditioned and two of the four new blocks at Sir David Longland Correctional Centre are also air-conditioned. Air- conditioning allows a major reduction in the number of hanging points, eg, bars on cell windows and ventilation grills above cell doors. The new facilities currently under construction at the John Oxley and Cleveland Centres will be fully air-conditioned. Juvenile detention centres have been screened for potentially dangerous equipment and hanging points. All feasible steps have been taken to respond to this recommedation but some of the older facilities have intrinsic problems. Equipment and facilities provided for future detention centres will be carefully scrutinised with a view to eliminating and/or reducing the potential for harm. 166 QPS Imp (QPS) Implemented Chapter 10 'Escorts and Extraditions' of the QPS Operational Procedures Manual requires that watchhouse keepers and senior escorting officers are to transfer pertinent information about the person being escorted, including medical details, to any officer who receives custody of that person. Communications occur between the QPS and Queensland Corrective Services Commission on a needs basis concerning the care and welfare of prisoners. (QCSC) Implemented QCSC and QPS exchange information in respect of prisoners as they move from police to prison custody. Where a prisoner in the watchhouse is required to be moved on the basis of medical grounds, arrangements are in place to expedite this movement. Similarly where prisoners in the watchhouse are considered to require particular management, for example protection, this information is communicated from QPS to QCSC.

1996-97 RCIADIC - Implementation Table 215 Rec Other Status Commentary No Agency 167 FYCC Imp (QCSC) Implemented The review of The Youth Detention Practices and Procedures Manual is a matter of high priority in view of the major changes which have effected juvenile detention in the last year. The Directorate, Juvenile Operations will commence work on this review as a matter of urgency. The following are the bases for the review: 'The Philosophy and Directions of Juvenile Detention' e Changes to the Juvenile Justice Act 1992, incorporating the amendments in the Juvenile Justice Amendment Act 1996 o In relation to the revised staffing structure, the new roles of unit staff to be incorporated. The Philosophy and Directions will provide a vision for a best practice approach to juvenile detention that will be of long lasting benefit to detained children, their families and their communities.

168 QCSC Imp (FYCC) Implemented The IAC assisted the Queensland Corrective Services Commission with advice on culturally-sensitive treatment of Indigenous prisoners. Inspections and assessments were carried out in northern correctional centres and suggestions for improvement were made as a result. (QCSC) Implemented QCSC policy stipulates Aboriginal and Torres Strait Islander prisoners should be located in centres as close as possible to their community of interest. This may not occur in circumstances where extreme behaviour or specific medical treatment require alternative measures, and where age appropriate centres exist or in cases of young female detainees. Recommendation incorporated in Transfer Policy.

However, with the completion of the new facilities at the Cleveland Centre, it will be possible to accommodate both male and female children from North Queensland into the Cleveland Centre at Townsville.

169 QCSC Imp (QCSC) Implemented The Family Support Program became operational in July 1994. Each centre has been provided with funding to facilitate family visits. Staff from the detention centres and Department of Families, Youth and Community Care area offices transport families to the detention centres for visits and significant events. Financial assistance is considered and provided by both agencies.

170 QCSC Imp (QCSC) Implemented All adult centres have contact visit areas where interaction between visitors and inmates can occur. Supervision is undertaken by custodial correctional officers. This arrangement will continue to be maintained to ensure security. At higher security facilities prisoners may be subject to non-contact visits for security reasons particularly where drug usage or trafficking is suspected or identified. All juvenile centres have contact visit areas where interaction between visitors and children can occur. Supervision is undertaken by detention centre staff. This arrangement will continue to be maintained to ensure security. Family visits are encouraged and recommended by detention centre staff as part of the your person's rehabilitation and reintegration process.

1996-97 RCIADIC - Implementation Table 216 Rec Other Status Commentary No Agency

171 QCSC Imp (QCSC) Implemented The Family Support Program provides funds to support Aboriginal and Torres Strait Islander prisoner attendance at funerals. The special kinship and family obligations of Aboriginal prisoners beyond the immediate family are given recognition by QCSC . Wherever possible and practicable favourable consideration is given to requests to attend funerals, however in some instances the number of prisoners or detainees requesting to attend can not always be accommodated. Where extensive travel and costs are involved careful consideration has to be given to ensure that funds are distributed equitably. 172 QCSC Imp (QCSC) Implemented Visits by representatives of Aboriginal organisations are encouraged and supported by management of adult and juvenile facilities.

173 QCSCI Imp (QCSC) Implemented Shared accommodation is available in all correctional centres. FYCC Specific policies are in place to enable prisoners who are considered to be at risk to share a cell with another prisoner . The latest secure centre design incorporates a residential accommodation area that allows prisoners to live in small groups in domestic style houses. This design is operational at Borallon, Townsville and Woodford Correctional Centres. The 'buddy system' has been ongoing and encouraged in youth detention , centres, particularly in cases of very young children and 'at risk' detainees . Dormitory style accommodation is still operational at the centres . This arrangement is supported by Management subject to security requirements.

174 QCSC Imp (QCSC) Implemented Aboriginal and Torres Strait Islander Correctional Counsellors and Family Support Counsellors are employed at all secure correctional centres with a significant Indigenous population to provide welfare services and conduct programs with inmates. It is the role of the Family Support Counsellor to also provide support to relatives of inmates. Indigenous caseworkers are employed in juvenile detention centres to work with Aboriginal and Torres Strait Islander detainees. At various times Indigenous people are also employed as Cultural Advisers in adult and juvenile centres. 175 QCSC Imp (QCSC) Implemented On reception prisoners and detainees are wherever possible placed in induction units to facilitate their transition into the centre and to enable all relevant assessments to be undertaken.

176 FYCC/ Imp (QCSC) Implemented Official Visitors program is established and operating in all QCSC/ correctional centres and detention centres. A report of all complaints made to Official Ombuds Visitors is supplied to the QCSC Board on a monthly basis. Regular visits to Centres man are also undertaken by the Ombudsman. Children in detention have access to the Children's Ombudsman and the Children's Commissioner. This recommendation is incorporated in the Juvenile Justice Act 1992, Part 6 Division 3 215, 216, 217 and 218. 177 QPS Imp (QPS) Implemented Recruit Interview Panels are sensitive to racist issues during the recruiting process. The QPS Human Resource Management Manual states that wherever practicable during the panel selection process, where positions are required to operate within an identified Aboriginal community, the Authorised Member shall offer membership on selection panels to a community representative.

1996-97 RCIADIC - Implementation Table 217 Rec Other Status Commentary No Agency

177 (QCSC) Part-Implemented QCSC recruitment practices stipulate that Aboriginal and Torres Strait Islander Cross-Cultural programs must be delivered to non-Indigenous staff. An Indigenous Training and Development Officer had been appointed to conduct Aboriginal and Torres Strait Islander histories and induction programs as part of pre- service to all Queensland Corrections Staff. All Aboriginal and Torres Strait Islander staff have been trained to act as cross-cultural facilitators for their respective workplaces. A compulsory module, 'Aboriginal and Torres Strait Islanders in Custody', has been included in the QCSC's new Diploma in Correctional Administration. All QCSC Position Descriptions should include selection criteria requiring applicants to have knowledge and understanding of issues identified by the RCIADIC Report and their recommendations, as well as knowledge and understanding of EEO principles and practices.

178 QCSC Imp (QCSC) Implemented As at 30 June 1997 QCSC employed 5.3 percent Indigenous staff which is well above the rate of 1.4 percent reported by the public sector as a whole. The majority of Indigenous staff are employed as Custodial Officer and Youth Workers, however Indigenous people are employed as councillors and case workers. Juvenile Detention Centres employ a high percentage of Aboriginal and Torres Strait Islander staff.

179 QCSC Imp (QCSC) Implemented Custodial officers currently undertake responsibility for basic prisoner requests and are becoming more involved in individual prisoner case management. Case management begins for juveniles as soon as a custodial sentence begins and is reviewed regularly until release form custody. Reviews are undertaken jointly by detention centre staff, family members and Department of Families, Youth and Community Care officers to ensure post-release plans are taken into consideration.

180 QCSC Imp (QCSC) Implemented The Corrective Services Act, Section 93, details comprehensively those matters which are prisoner offences. All prisoner offences are dealt with in public external Courts by Stipendiary Magistrates with each case being assessed on its merits by the Court and penalties imposed accordingly. At Court, the prisoners have access to community legal services. Breaches of discipline do not usually impact on the sentence of a prisoner and carry the maximum penalty of a term of seven days in the detention unit. All offences committed by juveniles in detention are dealt with by the Children's Court or appropriate court jurisdiction.

181 QCSC Imp (QCSC) Implemented Where segregation is used it occurs in accordance with Section 96 and 39 of the Corrective Services Act. The QCSC acknowledges that isolation of Aboriginal and Torres Strait Islander prisoners and detainees although necessary at times as a disciplinary measure is highly undesirable. Procedures 3.4 and 3.6 of the Youth Detention Centre Practices and Procedures Manual is consistent with this recommendation. Young people in detention who are isolated or separated for various reasons must be kept under continuous observation and provided with the standards of this recommendation.

1996-97 RCIADIC - Implementation Table 218 Rec Other Status Commentary No Agency

182 QCSC Imp (QCSC) Implemented The Code of Conduct is enshrined in Commission Rule. Breaches of the Code of Conduct are dealt with in accordance with disciplinary requirements of the Corrective Services Administration Act. Duty of Care principles are stated clearly in Juvenile Detention Workplace competency Assessments with a core value comprising of: to treat all persons with respect and without prejudice and to communicate and respect people from different backgrounds.

183 QCSC Imp (QCSC) Implemented Aboriginal prisoners support groups operate in correctional centres and juvenile detention centres. Various Aboriginal organisations visit the centres and work with Aboriginal and Torres Strait Islander prisoners and detainees. The introduction of the Elders Visitation Program into major correctional centres has had a significant impact on bringing Indigenous prisoners and detainees together on a regular basis to pursue cultural interests. Art programs operate in all centres with a significant Indigenous prisoner and detainee population.

184 QCSC Imp (QCSC) Implemented Programs for Aboriginal and Torres Strait Islander prisoners and detainees are available in all correctional centres and juvenile detention centres. Specific Aboriginal and Islander programs which are in place include: Drug and Alcohol, Art, Elders Visits centred around cultural activities, Literacy and Numeracy, Sexual Health and Cultural Awareness programs. The majority of juvenile detainees attend school while in custody. Aboriginal and Torres Strait Islander cultural programs are available in all juvenile detention centres and are facilitated by Indigenous staff.

185 DTIR Imp (DTIR) Implemented Literacy and numeracy classes continue to be offered at Correctional Centres. (QCSC) Implemented While this recommendation is primarily the responsibility of DEET, during 1995 QCSC and DEVETIR engaged in an arrangement to enhance the provision of Vocational Education and Training through a competitive funding process. Courses which have been included in this process range from Literacy/Numeracy to Woodwork and Landscaping. QCSC through its arrangement with DEVETIR will continue to enhance education and vocational training. Juvenile detention centres will benefit from the expansion of DEET's guidelines for submissions for funding under the VEGAS and AASPA programs. After school tutoring is provided from DEET funding. It is compulsory for children under the age of 15 to attend school, however at least 80 percent of older children elect to continue school while in custody.

186 QCSC Imp (QCSC) Implemented The QCSC has a prisoner remuneration policy which provides payments for unemployed and employed workers and full-time students. Comparable levels of remuneration apply to both groups with higher payments to students based on successful progress in studies. The rates of prisoner remuneration are reviewed annually in accordance with policy. QCSC has a policy which provided pocket money payments to all young people in detention. In conjunction with their case management plans, children are given incentives dependant on their behaviour for a certain period. Young people do not receive a wage, although there are some job opportunities within the centres.

1996-97 RCIADIC - Implementation Table 219 Rec Other Status Commentary No Agency

187 FYCC/ Imp (QCSC) Implemented A range of communit-based orders are available , particularly in HEAL northern regions . The development of these programs has occurred in consultation with communities. The QCSC is currently in the process of extending the community- based outstations and this has proved to be successful in facilitating the return to local communities rather than maintaining prisoners in secure custody. The QCSC has also established Community Justice Projects at Palm Island , Pormpuraaw and Kowanyama . These programs are important to the development of community-based initiatives in which communities accept responsibility for their own community safety.

QCSC has also established a work camp at Yarramulla as an alternative to secure custody for prisoners in far north Queensland.

188 QCSC Imp (QCSC) Implemented A community development approach forms the basis of all new /HEAL initiatives the Department undertakes with the Aboriginal and Torres Strait Islander community. Aboriginal and Torres Strait Islander staff employed by the Commission play an active role in this process. QCSC has maintained a commitment to involving local Aboriginal and Torres Strait Islander community-based organisations in programs which will benefit the Indigenous prison and juvenile detention centre populations. Examples of these are the Elders Visitation Program , the community involvement in the Family Support Program , the community involvement in the management of the Aboriginal and Torres Strait Islander Support Worker Scheme, the visits to centres in north Queensland and the south -east Queensland area by Indigenous Mental Health Workers and Medical Practitioners associated with Indigenous medical services. A community development approach forms the basis of all new initiatives the Department undertakes with the Aboriginal and Torres Strait Islander community. Aboriginal and Torres Strait Islander staff employed by the Commission play an active role in this process. (HEAL) Ongoing Queensland Health has developed a community health planning approach in collaboration with the Department of Health and Family Services, the Aboriginal and Torres Strait Islander Commission and the Queensland Aboriginal and Islander Health Forum . These planning processes involve local Indigenous organisations which ensure that processes are culturally sensitive and that the full range of needs and aspirations in each community are canvassed. In addition, Queensland Health has worked collaboratively with other State Government Agencies in developing appropriate community infrastructure planning processes. See (R. 210 and 247.) (DoE) Implemented. See Part Four of this report. (FYCC) Ongong Adoption of an inter-agency liaison protocol by the Chief Executive Officer's Steering Committee on Social Development with an extended brief to address the delivery of a broad range of resources will lead to improved infrastructure and community development within Queensland Indigenous communities.

189 COMM ATSIC

1996-97 RCIADIC - Implementation Table 220 Rec Other Status Commentary No Agency

190 FYCC/ Pt Imp (FYCC) Part Implemented Implemented where possible under current arrangements by: COM/ • one line funding without input controls for some grants; and M.ATSIC • flexibility to vary the allocation of inputs in other grants programs FYCC will adopt block funding in the implementation of output-based funding in 1998/1999.

191 FYCC Not Imp (FYCC) Not Implemented The recommendations of the Legislative Assembly of Queensland: Public Accounts Committee-Aboriginal and Torres Strait Islander Councils Review of Financial Reporting Requirements will be implemented by Families, Youth and Community Care.

192 FYCC Imp (FYCC) Implemented. The DFYCC has a practice of funding Aboriginal and Torres Strait Islander managed organisations for services that predominantly cater for Indigenous people. As a result this Department provides significant amounts of funding to Indigenous managed services under a range of funding programs including the Emergency Relief Program, the Management of Public Intoxication Program and the Supported Accommdation Assistance Program. (DoE) Implemented. See Part Four of this report.

193 FYCC Imp (FYCC) Implemented. Aboriginal and Island Councils constituted under the Community Service (Aborigines) Act 1984 and the Community Services (Torres Strait) Act 1984:- . Appointed Community Services Officers to assist Councils in financial management and accountability matters; Contracted training providers to develop and deliver financial management and administrative training to Councils; . Amendments to the legislation reduced the number of funds that Councils are required to keep from four to two; . Quarterly reports acquitting funds provided for operational expenses limited to copies of Councils own regular budget reports required under the Community Services legislation; . Revised prescribed reporting -requirements for Councils.

194 FYCC Pt Imp (FYCC) Part Implemented Culturally-appropriate performance indicators are being developed in consultation with funded Aboriginal and Torres Strait Islander organisations in the development of output-based funding.

195 All Funding Imp (QSCS) Implemented Current policy sets funding period at 3 years. Policy has been Depts implemented. (DLGP) Part Implemented The timing of payments to Aboriginal and Torres Strait Islander Councils is in accordance with the guidelines applicable under relevant funding schemes. (HEAL) Part Implemented Queensland Health currently provides funding on a quarterly/annual basis as approved by Queensland Government Guidelines. Queensland Health is currently investigating the possibility of providing triennial funding on a case-by-case basis.

1996-97 RCIADIC - Implementation Table 221 Rec Other Status Commentary No Agency 195 (DPWH) Ongoing The Current Commonwealth State Housing Agreement assures recurrent funding up to 1999. Allocations are released on an annual basis. Allocations to Aboriginal and Torres Strait Islander DOGIT communities and the Mornington and Aurukun Shire Councils are reviewed annually and approved each year as part of the Program's Annual Plan. (FYCC) Part Implemented Triennial funding is being developed, where appropriate, in the implementation of output -based funding.

196 FYCC Imp (FYCC) Implemented Advice to community organisations and Councils concerning funding applications, verbally and in writing in plain English , is part of the administrative practice of the Office of Aboriginal and Torres Strait Islander Affairs. (DoE) Implemented. See Part 4 of this report . For example, Far Northern Regional staff of the Cultural Heritage Sub-program provide education and advice to Indigenous communities, councils and organisations on Departmental requirments for reporting on grants/projects and Government funding processes. Communications are in most instances responsive to the particular cultural requirements of Indigenous clients. The Wet Tropics Management Authority has produced a plain English guide for Community Liaision Officer recruitment and Community Liaision contract administration including acquittal forms for Aboriginal organisations.

197 COMM. ATSIC 198 All Imp (QCSC) Implemented The QCSS has developed programs and strategies which have Funding resulted in the employment of many Aboriginal and Torres Strait Islander people into Depts career positions within the organisation. A number of these positions are involved in service delivery as well as administration. In line with recommendations from the Royal Commission into Aboriginal Death in Custody, the Kennedy Review into prison reform 1988 and the PSMC review into corrections in 1993 , QCSC has introduced policy which has impacted on programs and initiatives for Aboriginal and Torres Strait islander prisoners and detainees. QCSC recognises the cultural diversity of the Indigenous inmate and detainee population and has, through Cross-Cultural education programs maintained a commitment to educate all non-Indigenous staff in relation to these cultural differences to improve cultural relationships and understanding. These recommendations are legislated in Part 1C, Division 1 13 (1) to Division 1 18 (3) of the Juvenile Justice Act, 1992. Part IC, Division 1 , 14(1) states that a respected person of an Aboriginal or Torres Strait Islander Community can administer a caution to an Indigenous child at the request of an authorised officer. (DLGP) Ongoing Specific and general purpose Grants and subsidies for the provision of local government services are paid to Aboriginal and Torres Strait Islander Councils.

1996-97 RCIADIC - Implementation Table 222 Rec Other Status Commentary No Agency

198 All Ongoing (HEAL) Ongoing Queensland Health has taken every opportunity to improve access Funding of Aboriginal and Torres Strait Islander people to health services . Joint initiatives Depts between the Commonwealth Department of Health and Family Services and Queensland Health have included increasing the availability of General Practitioners in remote communities and improved planning activity aimed at increased allocative efficiency and the funding of adult health checks in the Northern Zone . Queensland Health has improved access to public health services through funding of environmental health, nutrition and communicable disease positions in each zone . Queensland Health negotiated, with the Commonwealth , a Medical Benefits Scheme (MBS) arrangement whereby staff doctors in rural and remote Aboriginal and Torres Strait Islander communities can bulk-bill, with the funds raised being returned to the communities. (DPW&H) Ongoing DPW&H is still working on a wide-area networking strategy. ATSIHP aims to improve access for Aboriginal and Torres Strait Islander people to secure, affordable and appropriate housing . This is reflected in the Annual Plan. (DoE) Implemented. See Part 4 of this report. (TRANS) Implemented Queensland Transport and Main Roads' Transport Infrastructure Development Scheme (TIDS) program usually requires local governments to contribute funds to projects on a 50/50 cost-sharing basis. For Aboriginal and Torres Strait Islander communities, as for other remote local governments with low or nil revenue capacity , we sought a cost-sharing arrangement with the Department of Local Government and Planning, which coordinates funding from the Federal Agency. This may result in no contribution from the local government for certain projects. The Departments have published and are implementing Policy, Standards and Guidelines on Public Consultation - the way to better decisions. The Queensland Departments of Main Roads (MR) and Transport (TRAN) are committed to effective consultation with employees, other levels of government and their 'public'. The Departments recognise that public and employee consultation and participation is an essential part of transport planning , policy development and service delivery. It improves the quality of decisions and is an important part of being responsive to customer needs. One chapter of the above publication specifies allowing sufficient time for stakeholders to participate throughout consultation , and the Departments complying with social justice principles regarding individual rights , equity, participating and access. The guidelines specify that the Department be informed about cultural and time issues of people such as those of Aboriginal or Torres Strait Islander descent, as more time may be required to consult with people or groups with particular cultural and time perspectives.

199 All Imp (QPS) Implemented QPS recognises the diversity of Aboriginal organisational Funding structures. Depts (DLGP) Ongoing Grants and subsidies for the provision of local government services are paid to Aboriginal and Torres Strait Islander Community Councils which are generally responsible for the provision of these services in Queensland (TSBI) Ongoing TSBI funding requires accountability for funds but is not dependent exclusively on an applicant's organisational structure.

1996-97 RCIADIC - Implementation Table 223 Rec Other Status Commentary No Agency 199 (DPW&H) Ongoing the DPW&H'S role is to support clients in consulting with Aboriginal organisations (particularly those accepted by the Aboriginal community) and Aboriginal communities. Diversity of organisational structures is recognised by the Aboriginal and Torres Strait Islander Housing Program. No change for Q-Build. (DoE) Implemented. See Part 4 of this report. The Department recognises the diversity of Aboriginal organisations representing and providing services to Aboriginal people, through negotiations and funding. For instance , Far Northern Region Coastal Management staff maintain regular liaison with Aboriginal Community Councils, Corporations and Co-operatives. Similarly, the Wet Tropics Management Authority communicates with a wide variety of Aboriginal organisaitons, councils , associations, cooperatives and representatives within the Wet Tropics World Heritage Area.

200 DLGP Imp (DLGP) Implemented The Commonwealth Financial Assistance Grant allocation process is guided by a principle which ensures that financial assistance is allocated to local governing bodies in a way that recognises the needs of Aboriginal and Torres Strait Islander peoples within their communities , but the Commonwealth has not taken this issue further. The DLGP is participating in a national research project which aims to improve the services of local governments to Indigenous communities.

201 FYCC Ongoing (FYCC) Part Implemented The Alternative Governing Structures Program provides funding to Aboriginal and Torres Strait Islander communities to develop structures or processes to govern, or make decisions about their affairs.

202 DTIR Ongoing (DTIR) Ongoing An Indigenous Training Plan has been developed as a submission to the 1998 State Training Profile. The Plan provides an accurate and targeted analysis of training needs to result in an effective allocation of resources. An Essential Services Traineeship for Aboriginal and Torres Strait Islanders has been developed for piloting in six rural /remote Indigenous communities which participated in an Australian National Training Authority (ANTA) training needs analysis conducted over the past year. Nagi Binanga will be responsible for the development and delivery of curriculum for the traineeship which will provide training in:

• local government administration • financial administration • small business management • housing repairs and maintenance • water and waste management

• automotive repairs and maintenance • environmental health • dinghy and outboard repairs and maintenance • primary health care • training support and administration Training priorities were identified by the community and training programs have been developed in total consultation with each individual community. Cherbourg will pilot models in Waste Management and Glass and Aluminium Fabrication.

1996-97 RCIADIC - Implementation Table 224 Rec Other Status Commentary No Agency

203 FYCCI Imp/ (DoE) Implemented. See Part Four of this report. COM/ Ongoing M.ATSIC (FYCC) Ongoing See R.188

204 HEAL/ Ongoing (HEAL) Ongoing Queensland Health has developed a community health planning DTIR/ approach in collaboration with the Department of Health and Family Services, the Aboriginal and Torres Strait Islander Commission and the Queensland Aboriginal and COM., Islander Health Forum. These planning processes involve local Indigenous M.ATSIC organisations which ensure that processes are culturally sensitive and that the full range of needs and aspirations in each community are canvassed. In addition Queensland Health has worked collaboratively with other State Government Agencies in developing appropriate community infrastructure planning processes. See (R.188, 210 and 247.). (DPWH) Ongoing Aboriginal and Torres Strait Islander Housing Program supports community development and plans. Information is provided on the Department's policies and programs.

(FYCC) Ongoing See R.188 205 COMM. ATSIC

206 COMM. ATSIC 207 COMM. ATSIC

208 Media Ind Imp (DoE) Implemented. See Part Four of this report. 209 FYCC Imp (FYCC) Implemented Queensland Aboriginal Creations (QAC) is a major supporter and retailer of authentic Aboriginal and Torres Strait Islander art, artefacts and manufactured product in south east Queensland for over thirty years. QAC issues a label of authenticity and sources only, Australian Aboriginal and Torres strait Islander art and artefacts, from Aboriginal artists and suppliers, with the majority of product being of Queensland origin. 210 All Depts Imp/ (QPS) Implemented The QPS Police Recruit Operational Vocational Education Ongoing (PROVE) Program course includes cross-cultural content. As part of that program, recruits undertake off-site visits with lecturers and tutorials by Indigenous representatives. PROVE has a QPS Indigenous Career Development Co-ordinator address all courses. An induction cultural training package for police serving, or intending to serve, on Aboriginal and Torres Strait Islander communities was distributed to all Police Regions during 1995. This package was produced for the QPS by an Aboriginal consultant following broad research.

1996-97 RCIADIC - Implementation Table 225 Rec Other Status Commentary No Agency 210 QPS Competency Acquisition Units (CAP) which refer to Aboriginal and Torres Strait Islander issues (e.g. C1004 'Race Relations', C1005 'The Law', C1007 'Aboriginal and Torres Strait Islander Social Issues', and CP 009 'Custody Issues') were developed after consultation with key community representatives. The Race Relations unit includes content about racism, prejudice, ethnocentrism, and historical perspectives. These units are a valuable ongoing training resource. The Bingham Review recommendation 112 is currently being actioned. Independent consultants have been contracted to review all QPS cross- cultural training and to recommend appropriate future training. Their report is expected to be available in March 1998. (DNR) Ongoing The cultural awareness training conducted in 1995/96 was evaluated and further funding was approved for 1997/98. The Department will provide cultural awareness training as part of an on-going annual process for selected staff. (DLGP) Ongoing Cultural awareness training for Departmental staff occurs on a needs basis. (TSBI) Ongoing During 1996/97 Indigenous and Cross-Cultural awareness training was provided for staff, as well as EEO awareness sessions which, covered pertinent issues. (HEAL) Ongoing A Cross-Cultural Awareness Package has been developed and Indigenous health workers have been trained to deliver this package to their non- Indigenous colleagues. Currently minimum standards are being developed for the District Health Services to implement cross-cultural awareness training in the Districts, with front-line service delivery staff a priority. See (R.204, 247.). (DPWH) Ongoing (DME) Ongoing Progress to June 1997: DME Acknowledges the need for improved consultation with Abiriginal and Torres Strait Islander communities and organisations. However, it does not gather information about Aboriginal and Islander people. The Department is developing a Consultation Strategy to provide guidelines to assist DME staff when consulting with clients, community groups and government agencies. Specific consultative arrangements for dealing with Native Title claims will need to await the finalisation of the Commonwealth's Native Title Act amendments not expected to be considered by the Senate until March 1998. (DoE) Implemented. See Part 4 of this report. (TRAN) - Ongoing - Queensland Transport (TRAN) and Main Roads (MR) Equal Employment Opportunity (EEO) Management Plans 1997-98 reflect their commitment to addressing employment issues affecting specific groups within the wider community, including Aboriginal and Torres Strait Islander people. Their EEO Management Plans support the continued Implementation of the Aboriginal and Torres Strait Islander Employment and Career Development Strategy throughout the Departments to provide equitable access to employment and career avenues for Aboriginal and Torres strait Islander people.

1996-97 RCIADIC - Implementation Table 226 Rec Other Status Commentary No Agency

210 (EQ) Ongoing Cross-cultural awareness training program. Development of a Cross- Cultural Awareness Training Program for Education Queensland personnel. Professional Development and Training in-service programs for school based staff. (FYCC) Ongoing Cross-Cultural Awareness Training is offered to all FYCC staff. The Core Cultural Awareness Training Program , Mura Ama Wakaana, will provide further opportunities for Indigenous staff of FYCC to become accredited trainers. Two documents to assist non-Indigenous staff in consulting with Aboriginal and Torres Strait Islander peoples have been published. 211 COMM. HREOC

212 COMM. HREOC

213 DJUS Pt Imp (JUS) Part Implemented Section 126 of the Anti-Discrimination Act 1991 (Incitement to racial or religious hatred ) is of limited application and is qualified by the requirement that the proscribed behaviour "incite unlawful discrimination or another contravention of the Act ".

214 QPS Ongoing (QPS) Ongoing See comments Rs. 88 & 232. Police officers and Police Liaison Officers throughout the State regularly attend Community Consultative Committee meetings and similar forums , including Community Council meetings, either as committee members or upon invitation , to address issues in line with community policing philosophies . There are now a total of 102 Indigenous PLOs in Queensland. Bingham Review recommendations 126 and 127 are also addressing these issues. A Police/Aboriginal and Torres Strait Islander Community Forum has been re-established in Brisbane since April 1997. Meetings are now held at Murri Mura on the third Wednesday of each month at 10 am (R. 126). Mr Neville T Bonner, AO, as Chairperson of'the Indigenous Advisory Council (IAC) has agreed , with Ministerial approval, to act as an honorary adviser to the QPS on Indigenous matters (R. 127). In addition, monthly meetings are now held with the Queensland Aboriginal and Islander Legal Services Secretariat in Brisbane. 215 QPS Ongoing (QPS) Ongoing See comments Rs. 84 & 214. Chapter 6 'Cross Cultural Issues' of the QPS Operational Procedures Manual outlines QPS policy re formation of community consultative committees to act as independent advisory bodies. Their purpose is to identify issues affecting the Service and relevant groups, consider appropriate methods to address them, improve communication and understanding between police and community , and communicate findings and recommendations to the Service and other appropriate bodies . Police may attend existing consultative bodies if this process is more practicable. In response to Bingham Review recommendation 125, the Commissioner has delegated the Assistant Commissioner, Far Northern Region, to attend meetings on his behalf, of the Islander Coordinating Council and Aboriginal Coordinating Council. The Commissioner will attend when possible. 216 NT GOVT

1996-97 RCIADIC - Implementation Table 227 Rec Other Status Commentary No Agency 217 NT GOVT 218 NT GOVT 219 FYCC Imp (FYCC) Implemented The Department continued to provide support for consultation over the legal recognition of Torres Strait Islander traditional adoption. In April 1997 a three day Traditional Adoption Workshop in Townsville, funded by the Department, was attended by relevant Government agency representatives, representatives from the Family Court, and over 100 Torres Strait Islanders from all over Australia. The Department also provided funding assistance for the Torres strait Islander Traditional Adoption Working Party to travel to over 20 locations throughout Queensland to discuss traditional adoption issues with Torres Strait Islanders.

220 QPS Imp (QPS) Implemented See comments R. 232. QPS members, including 120 Indigenous Police Liaison Officers, work in close liaison with Community Shire Councils, Community Police, Cell Visitor and Diversionary Schemes, Legal Services, and other bodies such as the Palm Island Community Justice Program, to improve delivery of policing services to communities.

221 QPS Imp (QPS) Implemented The QPS funds the Police Liaison Officer Scheme. The QPS Drug and Alcohol Co-ordination unit distributes National Drug Strategy funds to Service projects designed to assist Aboriginal and Torres Strait Islander communities. Such projects include two 'Substance Abuse Amongst Young Aboriginal and Torres Strait Islander Women' workshops held at Townsville during 1995 and 1996, and the 'Aboriginal and Torres Strait Islander Youth Drug and Alcohol Diversion Project'. The Youth Diversion Project was designed to provide police officers in Aboriginal and Torres Strait Islander communities with financial support to develop and implement local youth projects, including sporting and camping trips and cultural excursions. The QPS Finance Division advise that $2.5 M was spent on PLO salaries in the 1996/97 financial year. Regions maintain cost centres for Indigenous- related expenditures and account direct to the funding source as required.

222 COMM. Imp (QPS) Implemented A QPS Liaison Officer attends National Police Research Unit NPRU meetings to exchange information.

223 QPS Imp (QPS) Implemented See comments Rs. 84, 177, 214, 215, 224 & 232. Parts (a) & (b): Chapter 16 'Custody' of the QPS Operational Procedures Manual sets out policy, orders, and procedures for notifying Aboriginal and Torres Strait Islander Legal Services when Aboriginal and Torres Strait Islander people are arrested. QPS members regularly liaise with local Aboriginal and Torres Strait Islander Legal Services and the National Aboriginal and Islander Legal Services Secretariat (NAILSS) about policing issues.

224 QPS Imp (QPS) Implemented See comments R. 223. Chapter 6 'Special Needs' of the QPS Operational procedures Manual sets out policy that upon request by an Aborigine or Torres Strait Islander for legal advice/assistance at any stage during an investigation, officers should endeavour to contact the appropriate Legal Service.

1996-97 RCIADIC - Implementation Table 228 Rec Other Status Commentary No Agency

225 QPS Imp (QPS) Implemented See comments R. 231. The Cultural Advisory Unit, Office of the Commissioner, QPS, develops policies and programs that relate to Aboriginal and Torres Strait Islander people as part of its wide range of duties. The section is currently developing a strategic directions document to address the delivery of future professional and equitable policing services to Aboriginal and Torres Strait Islander communities. Each Police Region has appointed its own sworn Cross Cultural Liaison Officers on either a full-time or part-time basis. These officers work in close conjunction with the unsworn regional Police Liaison Officers (PLOs). Inspector Col Dillon, on leave from the QPS whilst an ATSIC National Commissioner, was formerly Inspector in charge of the Cultural Advisory Unit. He still provides advice to the unit. On 3 March 1997, the Cultural Advisory Unit was transferred from the Operations Support Command to the Office of the Commissioner. There is now direct access to the Commissioner and the Senior Cultural Adviser who is a member of the National Police Ethnic Advisory Bureau. The Mission of the unit is to promote and maintain effective relationships between members of the Queensland Police Service, ethnic and Indigenous communities, based on open communication, mutual understanding, respect, tolerance and trust. Selection to the Cultural Advisory Unit is by merit. There is currently one officer attached to the unit who identifies as a Torres Strait Islander. 226 CJC Imp (QPS) Implemented The QPS accepts the important principle that the investigation of complaints against police should be controlled independently of the police. The Criminal Justice Commission (CJC) investigates criminal, official misconduct, and misconduct complaints against police. This agency also overviews all other investigations (including misconduct complaints) which are referred to the QPS. The QPS Professional Standards Unit overviews all misconduct and discipline investigations undertaken by the Service. Part (j): The Police Service Administration Act 1990 requires police officers and staff members to comply in all respects with any direction of the Commissioner or his delegate including a requirement to answer questions.

1996-97 RCIADIC - Implementation Table 229 Rec Other Status Commentary No Agency 227 QPS Imp (QPS) Implemented The Northern Territory Police Service School-based Program has guided QPS Adopt-a-Cop initiatives and the School Based Policing Project at Townsville. A Secondary Schools Police Liaison Officer Scheme operated in the North Coast Region during 1993-95 and was twice evaluated by the Commissioner's Inspectorate. The QPS visited the Northern Territory in 1996, implemented its own school based program in January 1997 (commencing with 7 schools and planned expansion in 1998) together with development of a detailed evaluation model. In addition, 14 PLOs completed a Protective Behaviours Course in 1997.

228 QPS Imp (QPS) Implemented See comment R. 210. A survey conducted by the Australian Ethnic Police Advisory Bureau and the National Jewish Affairs Institute indicated that 79% of QPS employees have undergone cross cultural training . This is very good and shows Queensland officers are obviously doing the right thing", Ivan Kolaric, Bureau Director (Courier Mail 14.2.97).

(FYCC) Ongoing The IAC held discussions with the Queensland Police Service and others on various issues regarding police relations with Indigenous communities, including cross-cultural awareness training.

229 QPS Imp (QPS) Implemented The QPS Equal Employment Opportunity (EEO) Management Plan 1996-2000 has been developed to achieve a membership of the Service which reflects the cultural representation of our society. An 'Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy for 1996-2000' has been developed which sets the goal for Indigenous representation in the QPS at 2.4%. The Service has appointed an Aboriginal and Torres Strait Islander Career Development Co-ordinator with the EEO Unit, Human Resource Management Branch, to manage this strategy. Aboriginal and Torres Strait Islander police officers currently comprise 1.2% of total police officers. Indigenous representation in the QPS during 1994195 was higher than the public sector average. As at 30 June 1996, 68 unsworn members identified as Indigenous, and 83 police officers identified as Indigenous. Indigenous unsworn separations increased between 1993/94 and 1995/96 while Indigenous police separations decreased. There are currently 102 Indigenous PLOs. These statistics are based on voluntary self-identification and are in reality an underestimation of the true numbers. A bridging course, 'Aboriginal and Islander Justice Studies', is currently being offered at Johnstone College of TAFE at Innisfail and Southbank TAFE to assist Indigenous people to meet QPS entry standards. As a result 39 graduates of these courses have become police recruits. It is unknown how many have become unsworn QPS employees. In addition, in 1997 20 Traineeships (a 42 week course supported by the Department of Training and Industrial Relations) were established for Indigenous people who want to become police recruits.

1996-97 RCIADIC - Implementation Table 230 Rec Other Status Commentary No Agency

230 QPS Imp (QPS) Implemented See comment R. 229. The QPS has developed an 'Associate Diploma in Justice Studies for Aboriginal and Torres Strait Islander People' in conjunction with Aboriginal and Torres Strait Islander community representatives and staff from the Johnstone College of Technical and Further Education (TAFE), Innisfail; and the School of Aboriginal and Torres Strait Islander Education, Southbank Institute of TAFE. This course is offered to Aboriginal and Torres Strait Islander people seeking entry to the QPS or other selected Government Departments. The course is designed to assist students in gaining selection as police recruits through enhancement of their existing skills and competencies.

231 QPS Imp (QPS) Implemented The recruitment of unsworn Indigenous Police Liaison Officers (PLOs) to work with Aboriginal and Torres Strait Islander members of the community (102 positions statewide) has enhanced liaison between the Service and Indigenous people. Their role is to promote trust and understanding between Aboriginal and Torres Strait Islander communities and the QPS and to actively practice and encourage proactive interventions aimed at crime prevention and/or reduction. These officers continue to provide a valuable service to the community. In addition, Johnstone TAFE Scheme, Kangaroo Point Scheme, and the traineeship program address the need to increase the number of Indigenous recruits - see comments in Rs. 229/230. 232 QPS Imminent (QPS) Imminent See comments in R. 88. The QPS has completed a report on the Review of Policing on Aboriginal and Torres Strait Islander Communities (Deed of Grant in Trust (DOGIT), Mornington Island and Aurukun communities) following broad community consultation. The report contains recommendations concerning the delivery of policing services on remote Aboriginal and Torres Strait Island communities in Queensland. It includes a detailed review of the role and employment of Aboriginal and Torres Strait Islander Community Police Officers. Following Cabinet approval in early 1997 to release the report and its 86 recommendations for community consultation, the QPS and Department of Families, Youth and Community Care is undertaking that consultation and a feasibility study, and will prepare a joint Cabinet submission on the outcome in early 1998. 233 WA GOVT

234 COMM. ATSIC

235 FYCC Ongoing (FYCC) Ongoing The incorporation of the Child Placement Principle will ensure that family members and appropriate Indigenous representatives will be consulted in all decisions relating to the welfare of Aboriginal and Torres Strait Islander children involved in the child welfare system.

236 FYCC Ongoing (FYCC) Ongoing For the period of 1996/97, the status of this recommendation has not changed.

237 FYCC Ongoing (FYCC) Ongoing For the period of 1996/97, the status of this recommendation has not changed.

1996-97 RCIADIC - Implementation Table 231 Rec Other Status Commentary No Agency

238 FYCC Imp (FYCC) Implemented. The Youth Program supports this recommendation of applies its principles where appropriate, and seeks to honour the Recommendation's intent.

239 QPS/FYCC Imp (QPS) Implemented See comment R. 87. Included in Juvenile Justice Act 1992. Chapters 5 and 16 of the QPS Operational Procedures Manual set out policy, orders, and procedures relating to the requirement that children (juveniles) should be detained in police custody for an offence only as a last resort and where all other reasonable options have been exhausted. Juvenile offenders are to be treated in a way that diverts them from the criminal justice system where practicable . Bingham Review recommendation 110, 'policing practices in relation to juveniles ', which is being reviewed, is related to this recommendation.

240 QPS/FYCC Imp (QPS) Implemented See comment R. 239. Included in Juvenile Justice Act 1992. Chapter 5 'Juveniles' of the QPS Operational Procedures Manual sets out policy that juveniles should be cautioned for first or subsequent offences, dependent upon the circumstances and seriousness of each particular offence with the view of diverting them from anti-social behaviour and the criminal justice system . The Service supports the principle of involving Aboriginal and Torres Strait Islander persons (recognised elders or respected persons) in the process of administering a caution to a child of Aboriginal or Torres Strait Islander descent.

241 WA GOVT 242 DJUS Imp (QPS) Implemented See comments R. 90, 224 , 239, 240, and 243. Chapter 16 'Custody' of the QPS Operational Procedures Manual sets out policy, orders, and procedures concerning the matters of release of juveniles on bail or a release notice at the earliest possible time , placing juveniles in detention centres wherever reasonably possible, permitting daily visits to juveniles in watchhouses, and notification of the juveniles' parents of such arrest. (QCSC) Implemented Division 1 Part 2 22 (1) Juvenile Justice Act 1992 refers to part of this recommendation. Division 1 Part 3 43 (3) Juvenile Justice Act 1992 refers to part of this recommendation. It is recommended that children are not detained in watch houses longer than necessary. In some cases, this is not possible due to the geographical locations and recommendations made by Courts. There is no inclusion in the Juvenile Justice Act 1992 or any other relevant legislation for the provision of holding homes for young people who have been refused bail. (JUS) Implemented In relation to changes to the bail legislation, see discussion under recommendation 89.

1996-97 RCIADIC - Implementation Table 232 Rec Other Status Commentary No Agency

243 QPSIFYCC Imp (QPS) Implemented See comment R. 242. Chapter 16 'Custody' of the QPS Operational Procedures Manual sets out policy, orders, and procedures concerning the notification of the Department of Families, Youth and Community Care and Aboriginal and Torres Strait Islander Legal Services, where applicable, following the arrest of Aboriginal and Torres Strait Islander juveniles and adults.

244 QPS/FYCC Imp (QPS) Implemented See comments in R. 243. Juvenile Justice Act 1992 and Chapter 5 'Juveniles' of the QPS Operational Procedures Manual sets out policy requiring officers who conduct formal interviews with children (juveniles) for indictable offences to undertake such interviews in the presence of independent persons in compliance with s. 36 of the Juvenile Justice Act 1992.

245 QPS/JUS Imp (QPS) Implemented See comments R. 242, 243 and 244. `Awaiting authorised contribution (JUS) Imminent In relation to changes to the bail legislation , see discussion under recommendation 89.

246 HEAL Ongoing (HEAL) Ongoing The Director General endorsed national Indigenous health performance targets and indicators in 1997. Queensland Health is developing systems to ensure that those performance indicators and targets can be reported annually.

247 HEAL Ongoing (HEAL) Ongoing Queensland Health has developed a Cross-Cultural Awareness Package comprising audio-visual and textual materials and has instigated training in its use. Indigenous health workers receive training in Train-the-Trainer format, and then deliver the Cross-Cultural Awareness package to their non-Indigenous colleagues. This allows both the general issues and specific local differences to be addressed. This issue is addressed in the Aboriginal and Torres Strait Islander Implementation Plan. See (R.188, 204 and 210.)

248 HEAL Ongoing (HEAL) Ongoing Under the Implementation Plan, Queensland Health will be funding further development of service-delivery models for primary health care. Queensland Health is committed to achieving significant health gains for the Indigenous population. See (R.259).

249 HEAL Ongoing (HEAL) Ongoing This recommendation is addressed by the Aboriginal and Torres Strait Islander Health Policy Implementation Plan through the employment of Aboriginal and Torres Strait Islander Health Workers in each health district. Local Indigenous health workers, who have been recruited from the community in which they work are available to provide interpreter services.

1996-97 RCIADIC - Implementation Table 233 Rec Other Status Commentary No Agency

250 HEAL Ongoing (HEAL) Ongoing A number of initiatives are underway aimed at improving communication with respect to patient care and improvements in surveillance and detection of illness conditions . Comprehensive information will require the development and acceptance of a community health information system throughout Queensland in both government and non -government service- provider settings . Communities are fully involved in all trials of community health information systems.

251 HEAL Ongoing (HEAL) Ongoing With regard to construction of Primary Health Care Centres (PHC), on Badu and Boigu Islands, construction is now underway, with completion due by December 1997. The redevelopment of Cooktown and Thursday Island Hospitals commenced in August 1996 and will be completed in January and June 1998 respectively. The early planning phase and evaluation of the hospitals on Palm Island and Mornington Island has now been completed and construction will begin at an early date.

252 HEAL Ongoing (HEAL) Ongoing Hospitals are endeavouring to increase the number of Aboriginal and Torres Strait Islander Hospital Liaison Officers (ATSILO). The Aboriginal Communities are consulted during the planning and design phase of all projects in Aboriginal community areas. See (R. 204, 210, 247 and 261)

253 HEAL Ongoing (HEAL) Ongoing The Aboriginal Communities are consulted during the planning and design phase of all projects in Aboriginal community areas. See (R.204, 210, 247, 251 and 261.)

254 HEAL Ongoing (HEAL) Ongoing These issues are addressed by the Queensland Aboriginal and Torres Strait Islander Health Policy . Queensland Health has nominated members of Indigenous communities to sit on District Health Councils. As well, the Minister for Health has established an Aboriginal and Torres Strait Islander Health Advisory Council. The first meeting of the Council was held in May 1997.

255 HEAL Ongoing (HEAL) Ongoing A Cross-Cultural Awareness Package has been developed and Indigenous workers have been trained to deliver this package to their non-Indigenous colleagues . Currently, minimum standards are being developed for the District Health Services to implement cross-cultural awareness training . See (R.188, 204, 210 and 247.)

256 HEAL Ongoing (HEAL) Ongoing These issues are addressed by the Queensland Aboriginal and Torres Strait Islander Health Policy Implementation Plan. Strategies regarding workforce planning and development include up-grading of the training of Aboriginal and Torres Strait Islander staff and the development of an Aboriginal and Torres Strait Islander Employment Strategy for Queensland Health. Queensland Health has a firm commitment to equitable policies, practices and conditions of employment for all employees, in accordance with requirements of the `Equal Opportunity in Public Employment (1992) Act'.

257 COMM. DEET

1996-97 RCIADIC - Implementation Table 234 Rec Other Status Commentary No Agency

258 HEAL Pt Imp (HEAL) Implemented In collaboration with the Commonwealth Department of Health and Family Services, Queensland Health plans new initiatives to ensure that the roles and responsibilities of State-provided and community-controlled health services are clearly identified and that optimal use is made of available resources.

259 HEAL Pt Imp (HEAL) Part Implemented Queensland Health is implementing its Mental Health Policy Statement for Aboriginal and Torres Strait Islander people. Queensland Health-funded mental health/life promotion services targeting Indigenous people have expanded from zero position in the State in 1992 to 37 as at November 1997. Twenty-five of these positions are filled by Indigenous people. Some of the positions are in Queensland Health, some in Aboriginal and Torres Strait Islander community controlled health services and some in Community councils. Staffing targets have been set at double the rate of staffing targets for the general population. Funding of further positions will be considered in the context of each State Budget. Staffing is expected to be fully implemented by 2006 in accordance with the Ten Year Mental Health Strategy for Queensland 1996 to 2006. See (R.248, 264 and 265)

260 HEAL Imp (HEAL) Implemented The evaluation of Community Controlled Health Services is the responsibility of the Commonwealth Department of Health and Family Services as the major funding body. Performance Indicators, and Service Agr= ements with non-government organisations funded by Queensland Health are drawn up cooperatively between managers of health services and the Performance Management Branch of Queensland Health.

261 HEAL Ongoing (HEAL) Ongoing Hospital Liaison Officers continue to be employed in increasing numbers throughout Queensland Hospitals. This issue is addressed in the Aboriginal and Torres Strait Islander Health Policy Implementation Plan. Currently there are 19 ATSILO employed throughout Queensland Hospitals at: Royal Brisbane Hospital, Prince Charles Hospital, Mater Childrens Hospital, Princess Alexandra Hospital, Logan Hospital, Redland Bay Hospital, Toowoomba Base Hospital, Goondiwindi Base Hospital, Mackay Hospital, Townsville General Hospital, Mt Isa Base Hospital, Palm Island Hospital, Kirwan Hospital for Women, Cairns Base Hospital, Mareeba District Hospital, Cunnamulla Base Hospital, St George Hospital, Wolston Park Hospital and Ipswich Hospital. See (R.204, 210, 247, 252 and 263).

262 HEAL Pt Imp (HEAL) Part Implemented Inspections were held across the State with the Queensland Industrial Relations Commission (QIRC), Queensland Health and the relevant Unions to develop an Indigenous Health Workers' career and wage structure in response to dissatisfaction with the previous award arrangements of 1 March 1993. Queensland Health filed an application to the QIRC in June 1997 to vary the award and to endorse the new career and wage structure.

1996-97 RCIADIC - Implementation Table 235 Rec Other Status Commentary No Agency

263 HEAL Ongoing (HEAL) Ongoing These issues are addressed by the Aboriginal and Torres Strait Islander Health Policy. Queensland Health is funding a project aimed at ensuring that culturally-appropriate protocols and procedures are instigated at all facilities, the aim being to make health facilities user-friendly for Indigenous people. See (R. 252, 261.)

264 HEAL Pt Imp (HEAL) Part Implemented The Queensland Mental Health Policy Statement 1996 for Aboriginal and Torres Strait Islander People has been completed with the full involvement of Indigenous people, and was released by the Minister for Health in September 1996. Staffing targets have been set a double the rate for the general population. Funding of further positions will be considered in the context of each State budget. Staffing is expected to be fully implemented by 2006 in accordance with the Ten Year Mental Health Strategy for Queensland 1996 to 2006. See (R 259, 265 and 266.)

265 HEAL Pt Imp (HEAL) Part Implemented Under the Queensland Mental Health Policy Statement covering cultural awareness, training will be provided to Mental Health Services staff utilising input from local Aboriginal and Torres Strait Islander people, with regular in-service training updating knowledge and skills. See (R 259, 264 and 266.)

266 HEAL Imp (HEAL) Implemented The linking of mental health services for Indigenous people with other relevant services is included in the strategies of the Queensland Mental Health Policy Statement for Aboriginal and Torres Strait Islander People. Queensland Health mental health services use a case management approach, whereby the case manager is responsible for coordinating the range of services necessary to meet the individual needs of a person with a mental illness. These needs may include local health and other support services. See (R 264, 265.)

267 HEAL Imp (HEAL) Implemented The Royal Flying Doctor Service has developed its National Health Strategy in which this issue is addressed.

268 COMM. HHCS NHMRC

269 COMM.AIH 270 COMM. HHCS

271 COMM 272 TSBI Imp (TSBI) Implemented Refer comments to recommendation 59.

273 HEAL Not Supp (HEAL) Not Supported This recommendation is not supported by the Queensland Government.

1996-97 RCIADIC - Implementation Table 236 Rec Other Status Commentary No Agency

274 TSBI Imp (TSBI) implemented All applications for liquor licences are assessed for public need , which means that the Chief Executive must be satisfied that the licence is necessary to provide for the requirements of the public. In addition any licence application in respect of Aboriginal or Torres Strait Islander Communities must be referred to Council for comment. Objection processes are also built into the application process to ensure that individual objections to the grant of a licence are also considered. 275 NT.GOVT

276 TSBI Imp (TSBI) Implemented All applications for liquor licences are assessed for public need which means the Chief Executive must be satisfied that the licence is necessary to provide for the requirements of the public. In addition any licence application is respect of Aboriginal or Torres Strait Islander Communities must be referred to Council for comment. Objection processes are also built into the application process to ensure that individual objections to the grant of licence are also considered. 277 TSBI Imp (TSBI) Implemented Provisions of the Liquor Act also enable individuals or groups affected by the grant or variation of a licence to object. Although the provision of resources to Aboriginal Communities to lodge objections or comment on liquor applications is not the province of the Liquor Licensing Division, the Division does consult heavily with communities and Aboriginal Councils in ensuring that meaningful comment is received prior to decisions being made. 278 DTSBI Pt Imp (TSBI) Part Implemened Provisions of the Liquor Act also enable individuals or groups affected by the grant or variation of a licence to object . Although the provision of resources to Aboriginal Communities to lodge objections or comment on liquor applications is not the province of the Liquor Licensing Division , the Division does consult heavily with communities and Aboriginal Councils in ensuring that meaningful comment is received prior to decisions being made. 279 TSBI Imp (TSBI) Implemented Current penalties under the Queensland Liquor Act for sly grogging are amongst the heaviest in Australia and provide for forfeiture of property used in the act.

280 COMM. ATSIC

281 COMM. ATSIC

282 COMM. Ongoing (FYCC) Ongoing (FYCC) Introduction of EFTPOS facilities in retail stores HHCS has given greater convenience to consumers and reduced the reliance on cash . This has given the people in the communities greater control over their disposable income, which has resulted in increased purchase of food by families and more healthy buying.

1996-97 RCIADIC - Implementation Table 237 Rec Other Status Commentary No Agency

283 HEAL Ongoing (HEAL) Ongoing With regard to this recommendation, Queensland Health is developing a Cross-Cultural Awareness Package to be delivered by Indigenous health workers trained to deliver this package to their non-Indigenous colleagues. Currently, minimum standards are being developed for the District Health Services to implement this training. See (R. 210, 247)

284 HEAL Ongoing (HEAL) Ongoing The adoption of alcohol-free workplaces should be at the initiative of Aboriginal and Torres Strait Islander organisations. Queensland Health will provide professional assistance upon request.

285 COMM. Pt Imp (HEAL) Part Implemented Queensland Health part funds the training of HHCS Aboriginal and Torres Strait Islander Drug and Alcohol Workers through the Bachelor of Applied Health Sciences (Indigenous Primary Health Care) at the University of Queensland School of Tropical Medicine and the Aboriginal and Torres Strait Islander Health Worker Education Program. This program is to be reviewed in 1998.

286 COMM. HHCS

287 COMM. Imp (QCSC) Implemented QCSC is in the process of introducing a specific HHCS Aboriginal and Torres Strait Islander Alcohol program as a core program into all correctional centres. This program is entitled Ending Offending and is based around the philosophy that alcohol consumption in the Indigenous community has become part of daily life without any knowledge of the affects of the substance on the body. It endeavours to educate about the impact of varying amounts of alcohol on the body, taking into account the cultural differences and differences between male and female drinkers. A part of this program also leads into the issue of the influence of alcohol consumption on family violence in the Indigenous community.

288 HEAL Pt Imp (QCSC) Part Implemented The QCSC Will ensure that Aboriginal and Torres Strait Islander staff are key players in the delivery of the Ending Offending program into all correctional centres. The program may be adapted in the future for delivery in juvenile detention centres. Due to the impact of alcohol consumption on the Indigenous community, other Aboriginal and Torres Strait Islander groups who visit correctional centres and juvenile detention centres would normally use alcohol abuse as a focus for any education program at ending the offending cycle among Aboriginal and Torres Strait Islander people. (HEAL) Ongoing In line with the Queensland Governments commitment to the implementation of the National Aboriginal Health Strategy (NAHS) working party report, skills acquisition and training for Aboriginal and Torres Strait Islander Alcohol and Drug treatment workers is supported by Queensland Health. With regard to Cross-Cultural Awareness training, Queensland Health is developing minimum standards for adoption by its Corporate Office and District Health Services. See (R. 210)

289 EQ Ongoing (EQ) Ongoing Development of Aboriginal and Torres Strait Islander Early Childhood Teacher's Handbook. Development of Pre-school Curriculum Guidelines which includes Aboriginal and Torres Strait Islander perspectives.

1996-97 RCIADIC - Implementation Table 238 Rec Other Status Commentary No Agency

290 EQ Ongoing (EQ) Ongoing Trial and development of the Senior Syllabus in Aboriginal and Torres Strait Islander studies for years 11/12 in Queensland schools. Ongoing development of the Pre-school to year 12 Guidelines and Framework for the Teaching of Aboriginal and Torres Strait Islander Studies in Queensland schools. Ongoing development of Aboriginal and Torres Strait Islander Languages Policy and Support Materials Development of local school-community based cultural studies programs. Input into Queensland School Curriculum Council to ensure Aboriginal and Torres Strait Islander perspective are reflected in curriculum documents. Employment of Aboriginal and Torres Strait Islander Cultural Research Officers to support schools.

291 EQ Onging (EQ) Ongoing Development of local school-community based cultural studies programs. Employment of Aboriginal and Torres Strait Islander Cultural Research Officers to support Schools. Local Area studies incorporated into curriculum, eg. Senior Syllabus; Studies of Society and Environment.

292 EQ Ongoing (EQ) Ongoing Promotion of Understanding Democracy studies program in Queensland schools. Support of Active and Informed Citizenship guidelines and principles in Queensland schools. Development of Lifeskills and Human Relationships Education Programs based on local community needs. Ongoing development of Health Promoting Schools programs. Ongoing involvement of Branch personnel and QATSIECC personnel. 293 COMM. Ongoing (EQ) Ongoing Ongoing development and promotion of ASSPA activities in DEET Queensland schools. Ongoing QATSIECC activities in school-communities. Development of Aboriginal and Torres Strait Islander Parent/Community Participation Framework. Actively encouraging Aboriginal and Torres Strait Islander parent and community involvement through IESIP initiatives in schools. Ongoing development of collaborative partnerships with DEETYA.

294 EQ Ongoing (EQ) Ongoing Ongoing development of Remote Area Teacher Education Program (RATEP) Program developed in conjunction with James Cook University and Cairns Institute of TAFE. RATEP currently operating in 16 Communities.

295 EQ Ongoing (EQ) Ongoing Pre-service teacher training programs are outside jurisdiction of Eduction Queensland. Ongoing professional development and training to school and Education L Queensland Personnel.

1996-97 RCIADIC - Implementation Table 239 Rec Other Status Commentary No Agency

296 EQ Ongoing (EQ) Ongoing Ongoing development of Remote Area Incentive Scheme (RAIS) to encourage retention of teachers in Aboriginal and Torres Strait Islander communities. QATSIECC and Aboriginal and Torres Strait Islander Education Branch have recommended community involvement in educational decision-making processes.

297 EQ Ongoing (EQ) Ongoing Ongoing commitment to employment processes and practices for Aboriginal and Torres Strait Islander education workers. Direction for minimum 25 percent of schools' IESIP funding to be allocated to employment of Aboriginal and Torres Strait Islander people. 298 COMM. DEET

299 COMM. DEET

300 COMM. Imp (DoE) Implemented. See Part 4 of this report. DEET

301 COMM. DEET

302 All Depts Ongong (DLGP) Ongoing Regional boundaries are similar to ATSIC and have been used for planning purposes. For example, the ATSIC Regional Council for Cairns and District is currently developing a Regional Strategic Plan, addressing Aboriginal and Torres strait Islander issues. This forms an input into the Far North Queensland Regional Planning Process. (TSBI) Ongoing TSBI will use its well-established regional structure to co- operate with ATSIC in delivering programs. A pilot Indigenous Enterprise Development project in Cairns is jointly funded by ATSIC and TSBI. (HEAL) Ongoing With the establishment of the health partnership under the Commonwealth Bilateral Agreement, Queensland Health is cooperating with the Aboriginal and Torres Strait Islander Commission (ATSIC), Queensland Aboriginal and Islander Health Forum (QAIHF) and Commonwealth Department of Health and Family Services in joint planning which utilises ATSIC regional boundaries. The regional boundaries are similar and used in the provision of housing and infrastructure. No change for Q-Build. (DME) Ongoing Progress to June 1997 DME is not a direct "service provider" to Aboriginal communities. However, DME is a member of the AEDP IDC and fully supports the goals and objectives of the Committee. ATSIC Regional Councils and Regional Land Councils are been consulted on mining development issues and are actively encouraged to participate in decision making processes.

1996-97 RCIADIC - Implementation Table 240 Rec Other Status Commentary No Agency

303 COMM. DEET

304 COMM. DEET

305 All Depts Imp/ (QPS) Implemented See comments R 229, 230 and 231. Ongoing (QSCS) Implemented Under its EEO Management Plan 1995-1998, the QCSC aims to increase the level of Aboriginal and Torres Strait Islander staff. As at 30 June 1996, approximately 5.3% of all QCSC staff were Aboriginal and Torres Strait islander people which is well above the rate of 1.4% reported by the public sector as a whole. (DNR) Implemented 1.2% of the Department's current workforce are Aboriginal and Torres Strait Islander people. Twenty of these staff are administrative , three are professional, one technical , one operational and three are other streams. The Department continues to support the recruitment and retention of Aboriginal and Torres Strait Islander staff by implementing initiatives of its 1995/96 Equal Employment Opportunity Management Plan including conducting cultural awareness training for staff. (DLGP) Ongoing. The Department is developing strategies to increase the recruitment and participation rates for Indigenous people in accordance with the Government's EEO targets for Aboriginal and Torres Strait Islander people.

(TSBI) Ongoing A key objective for -the TSBI EEO plan is to increase the representation of Aboriginal and Torres Strait Islanders in permanent positions of the Department. Additionally, two further projects are noteworthy. Firstly, a 12 month pilot project has been initiated by TSBI with funding for $40,000 to employ an Indigenous Enterprise Development Officer to be located in Cairns to: ® provide enterprise development support and service; • provide enterprise development skills and transfer; and ® facilitate access to appropriate government services & agencies. Funding has been provided through the Auslndustry Cultural Industry Development Scheme to support the marketing of the Indigenous arts and craft industry in North Queensland. Furthermore, the Graduate Development Program of TSBI provides for a dedicated position for an Aboriginal or Torres Strait Island person. (HEAL) Ongoing The Implementation Plan of the Queensland Aboriginal and Torres Strait Islander Policy includes a Workforce Strategy which will address Queensland Health's recruitment of Aboriginal and Torres Strait Islanders.

1996-97 RCIADIC - Implementation Table 241 Rec Other Status Commentary No Agency

305 A Management Plan for District Health Services that assists in meeting and increasing EEO and Anti-Discrimination Act targets, including Aboriginal and Torres Strait Islander employment levels, has been designed and is currently in use. (see Rec 306) (DoE) Implemented. See Part 4 of this report. The Department is currently meeting the sector-wide target for overall representation of 2.4% by the year 2000. The Department is also currentty meeting the 2005 sector-wide target (which aims for 2.4% representation of Aboriginal and Torres Strait Islander people at all salary levels) in relation to salary levels 1-3. (DME) Implemented The Department's EEO Management Plan includes strategies to provide employment opportunity for target groups within DME. DME's Annual Report for 1996-97 records that DME employees identifying themselves within the Aboriginal and Torres Strait Islander target group rose to 0.7 percent of the workforce in 1997. This compares with Sector-wide figure of 1.3% in that same year. The sector target is that Aboriginal and Torres Strait Islander people comprise 2.4% of the public sector workforce by the year 2000. (IRAN) Ongoing - The Departments' Aboriginal and Torres Strait Islander Employment and Career Development Strategy (AIECDS) is in progress. An Aboriginal and Torres Strait Islander Development Officer (AIDO) is based in Townsville in the Northern Region. Implementation is assisting employees with opportunities to enhance their skills and thus to operate and advance on merit throughout the departments as well as gain initial employment. There are four Key Strategic Areas (KSA), namely KSA 1: Promotion and Marketing, KSA 2: Recruitment, Retention and Career Development, KSA3 Cross Cultural Awareness and KSA 4: Monitoring and Review. Achievements and developments of the AIECDS have been in all four of the KSA areas: • employment of the Aboriginal and Torres Strait Islander Development Officer (AIDO) (A06). • and obtained external funding on a review and update of Northern pilot of Northern pilot - $16,000. (TRAN) Ongoing (continued) • negotiated and obtained external funding for Central region consultancy - $16,000 plus 50% subsidised A04 salary position • promotion of the strategy internally and externally (including media) • launch of the "On The Road To Reconciliation" Number Plate • joint activities with Main Roads during NAIDOC Week

1996-97 RCIADIC - Implementation Table 242 Rec Other Status Commentary No Agency

305 • assistance and advice from the AIDO to Divisions within Queensland Transport and Main Roads ie Community Programs, Maritime, Northern, Southern, Central • Advice to Black and White Cabs on employment strategy • Networking with Commonwealth, State and Local governments re employment strategy • Cultural Heritage Workshops • As part of the Queensland Transport Aboriginal and Torres Strait Islander Road Safety Strategy: Remote Communities Project, pilot programs were established in the Northern Region (Kowanyama and Hopevale) and Southern Region (Cunnamulla). Queensland Transport funds were made available to the communities, who under the terms of a service agreement, employed three Officers. The Hopevale and Kowanyama communities continue this arrangement. The Cunnamulla community has since assumed full responsibility for funding the officer. (EQ) Ongoing Aboriginal and Torres Strait Islander Employment and Career Development. Remote Area Teacher Education Program (RATEP) supports the training of community members as Classroom teachers and Community teachers. Target 609 Program focuses on supporting employment of Aboriginal and Torres Strait Islander teachers in Queensland schools. Executive Leadership and Development Program - supports the career development of Aboriginal and Torres Strait Islander employees within Education Queensland. (FYCC) Ongoing Approximately 70% of retail stores Staff are Aboriginal and Torres Strait Islander people.

306 All Depts Imp/ (TSBI) Part Implemented See comments R 305. Ongoing QPS) Implemented See comments R 229, 230 and 231. (QCSC) Implemented See comments R 305. (DNR) Ongoing See R.305. (DLGP) Part Implemented Aboriginal people represented 1. 2 % of total staff within the Department in 1996-97. (HEAL) Part Implemented Queensland Health has a firm commitment to equitable policies, practices and conditions of employment for all employees. In accordance with requirements of the Equal Opportunity in Public Employment (1992) Act, Queensland Health produces an EEO Management Plan which covers staff in all areas of employment, with a special emphasis on women, people with disabilities, Aboriginal and Torres Strait Islander people, and people from non-English speaking backgrounds. Queensland Health reports annually to the Office of the Public Service on the progress with implementation strategies across Queensland. These recommendations are supported, notwithstanding the Queensland Government's and Queensland Health's commitment to recruitment and promotion on the basis of merit.

1996-97 RCIADIC - Implementation Table Rec Other Status Commentary No Agency

306 (DES) Ongoing The State Emergency Service established emergency service groups and provided training and equipment in local communities. The Queensland Ambulance Service continues its involvement with communities through training and employment strategies . The Rural Health Support and Education and Training project was completed with the development of a model of service delivery for Aboriginal communities on Mornington Island. (OSR) Ongoing The Office of Sport and Recreation continued to subsidise the employment of Sport and Recreation Officers within Community Councils and Local government. Consultation commenced with these bodies to determine priorities and support for the Local Indigenous Recreation Officer Program. (DME) Ongoing The Queensland Mining Council has established a Taskforce to examine ways to promote Indigenous employment opportunities in the mineral and energy industries . DME has "observer" status at these meetings. (DoE) Implemented. See Part 4 of this report. (TRAN) Ongoing - The Departments recognise and adhere to the conditions for award of contracts under the State Purchasing Policy relating to employment and training for Aboriginal and Torres Strait Islander people. This is seen as having a positive effect on employment in Aboriginal and Torres Strait Islander communities. Marketing, recruitment, career development and cross-cultural awareness training strategies under the AIECDS will continue, with emphasis on initiatives to eliminate barriers to employment. (EQ) Ongoing - Aboriginal and Torres Strait Islander Employment and Career Development. Aboriginal and Torres Strait Islander Employment Strategy and Target 609 (see R.305).

307 DPWH Ongoing (DPWH) Ongoing This is an area of recognised difficulty to successfully implement and administer. No solution has been developed to date. There is ongoing review and consultation in relation to the establishment of appropriate mechanisms. The recommendation is concerned with: e maximising employment of Aboriginal and Torres Strait Islander people by tendering for government contracts within communities were work is being undertaken (including training initiatives); o maximising local Aboriginal and Torres Strait Islander participation in enterprise development, the provision of infrastructure to communities and the award of contracts; and o the letting of contracts to local tenderers including tendering procedures which encourage competition by local Aboriginal and Torres Strait Islander communities for contracts. The issue of purchasing locally is being addressed through the education of purchasing officers in regional areas. A 'Quick Guide to Buying Locally has been distributed to encourage purchasing officers to support local business and industry.

1996-97 RCIADIC - Implementation Table 244 Rec Other Status Commentary No Agency

Also relevant is the ongoing consideration , including Cabinet consideration, of implications of accession to the World Trade Organisation Agreement on Government Procurement. The WTO Agreement enables agreement members to bid equally against domestic suppliers for other members' government purchasing contracts in prescribed circumstances . Potential implications of accession may include: • restricting of the Queensland Government's capacity to use government purchasing as a means of achieving industry development, including the abolition or significant modification of existing Queensland Government mechanisms such as preference and offsets arrangements; and • loss of policy flexibility to use government purchasing to achieve other government policy objectives.

307 For example, in relation to the last point , initiatives to recognise, through the State Purchasing Policy, recommendations of the RCIADIC may be inconsistent with the WTO Agreement (provided such contracts were caught by the WTO Agreement). These and other matters concerning the implications of accession are still to be determined. The Codes of Practice of State Purchasing Policy contain mechanisms for enhancing opportunities for local suppliers of goods and services. While these do not expressly refer to Aboriginal and Torres Strait Islander communities, the principles are applicable, particularly in this context . The Quick Guide on Buying Locally is aimed at educating people purchasing on behalf of government on how they can take into account the added value of local and regional supply in evaluating procurement options. Current reviews concerning the enhancement of local business and industry and government industry development policies may have a bearing on these mechanisms. The ATSIHP tender documents for the Thursday Island Reedevelopment project and funding agreements includes porvision for all intending suppliers to indicate whether their contract will provide meaninful employment and training opportunities for Aboriginal and Torres Strait Islander people. 308 COMM. ATSIC 309 COMM. ATSIC 310 COMM. ATSIC

311 COMM. ATSIC 312 COMM. ATSIC

1996-97 RCIADIC - Implementation Table 245 Rec Other Status Commentary No Agency

313 COMM. ATSIC 314 FYCC Ongoing (DME) Ongoing The aims of the recommendation have already been catered for under the Mineral Resources Act 1989. The Act established comprehensive administrative arrangements to protect landholders' entitlements by: • encouraging agreements between landholders and project developers; • valuating objections by landholders and others where agreement cannot be reached; • enabling wide community input to the assessment of project proposals; • identifying general and site-specific conditions that will minimise the impact of exploration and mining on other land uses; • protecting specified improvements on land; and • enabling fair compensation to be assessed.

315 DoE Pt Imp (DoE) Part Implemented The commitment to achieving co-operative management arrangements for National Parks by Aboriginal people is ongoing. Negotiation of joint management arrangements for National parks under the Aboriginal Land Act 1991 has continuing . A total of fifteen National Parks have been gazetted for claim and joint management under the Aboriginal Land Act 1991. Also, the Wet Tropics World Heritage Protection and Management Act 1993 (Queensland), encourages joint management arrangements through co-operative management agreements.

316 COMM. ATSIC 317 COMM. ATSIC 318 COMM. ATSIC

319 COMM. ATSIC

320 FYCC Imp (FYCC) Implemented Research was undertaken by the Office of Aboriginal and Torres Strait Islander Affairs, Department of Families, Youth and Community Care , into the economic circumstances of Aboriginal and Torres Strait Islander peoples in the context of the development of the draft Queensland Aboriginal and Torres Strait Islander Economic Development Strategy. The research included the compilation of statistics on the Queensland Indigenous population 's employment status, the occupation and industry of employed persons, education and training levels and the development of a profile on Queensland Community Development Employment Projects scheme, existing government economic development programs and the opportunities and constraints for economic development on Cape York Peninsula.

1996-97 RCIADIC - Implementation Table 246 Rec Other Status Commentary No Agency

321 DPWH Imp (DPWH) Implemented ATSIHP is developing a Community Housing Management Strategy. 322 COMM. ATSIC 323

324 COMM. ATSIC 325 COMM. ATSIC

326 All Imp (DoE) Implemented Contracting (IRAN) Ongoing - Refer to Recommendation No. 306. Departments 327 COMM. ATSIC

328 1 QCSC Imp (QCSC) Implemented Juvenile Justice Administration continue to contribute to the quality of care of detained children. The Rights and Responsibilities of a child detained in a youth detention centre are contained in 2.1 of the Youth Detention Practices and Procedures Manual. Part 6, Division 2, 209.states "As soon as practicable after being admitted to a detention centre , a child must be given an explanation of the child 's rights and responsibilities as a resident of the detention centre".

329 1 QCSC Not Imp (QCSC) Not Implemented The Queensland Corrective Services Board has considered the recommendation that the National Standard Guidelines for Corrections be considered for inclusion in Legislation. Rather than adopt this approach , the Queensland Corrective Services Board considers that a statement of principles under which the Corrective Services system would operate would be more appropriate for inclusion in Legislation. This will ensure that the national Standard Guidelines can be adapted to changing social demands and continuously improving correctional standards. Cabinet will consider the proposal of the Board in conjunction with the review of Corrective Services legislation.

330 1 QCSC Imp (QCSC) Implemented The National Ministers Conference has resolved that it is not practicable for the Ministerial Council , which meets once annually, to maintain direct consultation with relevant Aboriginal organisations. It was determined that individual State Ministers and Administrators would continue direct consultation with relevant Aboriginal organisations.

331 1 QCSC Imp (QCSC) Implemented The Conference of Ministers in Corrections (Sydney 1994) endorsed the revision of minimum standard guidelines for corrections taking into account the RCIADIC recommendations . These guidelines have been printed and distributed to correctional centres throughout Queensland.

1996-97 RCIADIC - Implementation Table 247 Rec Other Status Commentary No Agency

332 QPS Imp (QPS) Implemented See comments R. 139, 140, and 149. In 1992, Commonwealth, State, and Territory Ministers met in Alice Springs to discuss this recommendation. As a result of this meeting, the Standard Guidelines for Police Custodial Facilities in Australia were adopted by all Police Services. All new facilities comply with this document. QPS also considers that new watchhouses comply in all respects to the standards of the Council of Europe's Standard Minimum Rules for the Treatment of Prisoners.

333 COMM. HREOC

334 DNR Ongoing (DNR) Ongoing The Aboriginal Land Act and the Torres Strait Islander Land Act were passed in 1991. These Acts allow the Queensland Government to met the requirements of this recommendation. During this year, eleven claims for the granting of land under the provisions of the Aboriginal Land Act 1991 were received and forwarded to the Land Tribunal for hearing. Since the commencement of the Act, claims covering about 1.5% of the State have been made.

335 DNR Ongoing (DNR) Ongoing Titles were issued for eighteen parcels of land (totalling about 58,650 hectares) transferred under the Aboriginal Land Act 1991. Title for one parcel of land of about 50 ha was issued under the Torres Strait Islander Land Act 1991.

336 DNR Ongoing (DNR) Ongoing Where freehold title is granted under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991, the grantee will generally have the rights of any private landowner regarding control of entry to their land. Mineral and petroleum and some forest and quarry materials are reserved to the Crown. National Park land granted under the Acts must be leased back to the State and must always remain National Park land providing right of access to members of the public.

337 DNR Ongoing (DNR) Ongoing The Aboriginal Land Act 1991 and the Torres Strait Islander Land Act 1991 provide no acquisition fund for the purchase of land for Aboriginal people or Torres Strait Islanders. There is currently no provision in any Act which would provide priority tenure rights to Aboriginal people and Torres Strait Islanders upon the expiry of a pastoral lease.

338 DNR Pt Imp (DNR) Part Implemented DNR is continuing to transfer reserves and DOGITs to Aboriginal and Torres Strait Island peoples without claims being made.

1996-97 RCIADIC - Implementation Table 248 Rec Other Status Commentary No Agency

339 ALL Depts Ongoing (TSBI) Ongoing The TSBI recognises that the development of Aboriginal and Islander economic independence is vital for successful reconciliation. (HEAL) Ongoing Queensland Health supports initiatives aimed at improving tolerance and understanding between Indigenous and non-Indigenous Australians. To this end the Department has endorsed the concept of both Indigenous and non-Indigenous staff undertaking appropriate cross cultural awareness training. (TRAN) Ongoing The Departments recognise that effective support for reconciliation can be provided by improving Aboriginal and Torres Strait Islander peoples' access to infrastructure , such as roads , air services and maritime services, and to meaningful employment and training opportunities. These issues are also considered in Queensland Transport's New Employee Development Program. The Departments believe they are contributing effectively in this regard.

1996-97 RCIADIC - Implementation Table 249 ^' . TABLE ACRONYMS

crony Meaning ABS Australian Bureau of Statistics

ACC Aboriginal Co-ordinating Council ACE Adult Community Education

ACLO Aboriginal Community Liaison Officers

AEDP Aboriginal Employment Development Policy AEP Aboriginal Education Policy AGSP Alternative Governing Structure Program AIC Australian Institute of Criminology

AIDO Aboriginal and Torres Strait Islander Development Officer

AICAPP Aboriginal & Torres Strait Islander Career Aspiration Pathways Program

AICHS Aboriginal & Islander Community Health Service AIECDS Aboriginal & Torres Islander Employment and Career Development Strategy AITAP Aboriginal & Torres Strait Islander Tertiary Aspirations Program ANTA Australian National Training Authority ARHP Aboriginal Rental Housing Program ASSPA Aboriginal Student Support and Parent Awareness

ATSIC Aboriginal & Torres Strait Islander Commission

ATSIHLO Aboriginal and Torres Strait Islander Hospital Liaison Officers

ATSIHP Aboriginal & Torres Strait Islander Housing Program

ATSIIP Aboriginal & Torres Strait Islander Infrastructure Program AVTS Australian Vocational Traineeship Scheme BETA Building Employment and Training Australia BSA Building Services Authority CDEP Community Developmentand Employment Program CEC Community Education Counsellor CEPANCRM Commonwealth Employment Program for Aborigines in Natural & Cultural Resource Management

CHIP Community Housing and Infrastructure Program CHMS Community Housing Management Strategy CJC Criminal Justice Commission

COPS I Consider all Options and Practise Safety

1996-97 RCIADIC Implementation Report - Acronyms 250 Acronym Meaning CSHA Commonwealth State Housing Agreement CTQ Construction Training Queensland

CYPLUS Cape York Peninsula Land Use Study DACER Drug and Alcohol Community Education Resource DCEC District Community Education Counsellor

DEETYA Department of Employment, Educaiton, Training & Youth Affairs (Commonwealth) DOGIT Deed of Grant In Trust

DRP Daintree Rescue Program

EEO Equal Employment Opportunities EPP Environmental Protection Policies FAIP Financial Accountability Improvement Program

FAIRA Foundation for Aboriginal and Islander Research Action FNQ Far North Queensland

GSO Queensland Government Statistics Office ICC Island Co-ordinating Council

ICC Island Coordinating Council

IESIP Indigenous Education Strategic Initiatives Program IEW Indigenous Education Worker ITAB Industry Training Advisory Bodies

JMAC Joint Ministerial Advisory Committee LGAQ Local Government Association of Queensland LJIP Local Justice Initiative Program

MACEM Ministerial Advisory Committee on Equity Matters

MACATSIE Ministerial Advisory Council on Aboriginal & Torres Strait Islander Education MVHERP Motor Vehicle and Heavy Equipment Replacement Program MBS Medical Benefit Scheme

MINDA Mobile Integrated Network Data Access MOU Memorandum of Understanding NAIDOC National Aboriginal & Islander Day of Commemoration

OATSIA Office of Aboriginal and Torres Strait Islander Affairs

OPS Office of Public Service

ORC Office of Rural Communities

1996-97 RCIADIC Implementation Report - Acronyms 251 Acronym Meaning PIADRAC Palm Island Alcohol and Drug Rehabilitation Centre PLO Police Liaison Officer PHC Primary Health Care Centres

PROVE Police Recruit Operational Vocational Education Program QAIHF Queensland Aboriginal & Islander Health Forum QATSIECC Queensland Aboriginal & Torres Strait Islander Education Consultative Commission QCORR Queensland Corrections

QAIHF Queensland Aboriginal and Islander Health Forum QEA Queensland Electrol Area QEDEWG Queensland Economic Development and Employment Working Group QIPIS Queensland Indigenous Planning Information System

RATS Remote Area Incentive Scheme RATEP Remote Area Teacher Education Program RCIADIC Royal Commission into Aboriginal Deaths in Custody SAAP Supported Accommodation Assistance Program SEQ South East Queensland (check)

SERT Special Emergency Response Team SGFA State Government Aid Program

STRA Torres Strait Regional Authority TIDS Transport Infrastructure Development Scheme TMP Total Management Program

TRAWQ Tamwoy, Rose Hill, Alpin, Waibin and Quarantine TRS Teacher Relief Scheme

TSIREC Torres Strait Islander Regional Education Council TSRA Torres Strait Regional Authority VET Vocational Education and Training VETEC Vocational Educational and Training Employment Commission

WORC Work Outreach Camps WTMA Wet Tropics Management Authority YACCA I Youth & Community Combined Action Program

1996-97 RCIADIC Implementation Report - Acronyms 252 GOVERNMEN T DEPARTMENTS

Acronyms Meaning

DATSIPD Department of Aboriginal and Torres Strait Islander Policy and Development DEDT Department of Economic Development & Trade DoE Department of Environment DLGP Department of Local Government and Planning

DME Department of Mines and Energy DNR Department of Natural Resources DPI Department of Primary Industries DPWH Department of Public Works & Housing

DTIR Department of Training and Industrial Relations

DTSBI Department of Tourism and Small Business Industries EQ Education Queensland

ES Department of Emergency Services HEAL Queensland Health JUS Department of Justice PREM Department of Premier and Cabinet

QCSC Queensland Corrective Services Commission QPS Queensland Police Services IRAN Queensland Transport

1996-97 RCIADIC Implementation Report - Acronyms 253 ^, L ti c OVERVIEW ( R.1-3)

RECOMMENDATION 1

That having regard to the great input which has been made to the work of the Commission, not only by governments and departments of government but also by Aboriginal communities , organisations and individuals , on the one hand , and non- Aboriginal organisations and individuals, on the other, it is highly desirable that the attitude of governments to the recommendations and the implementation of those adopted be carried out in a public way as part of the process of education and reconciliation of the whole society. To this end the Commission recommends: a. That the Commonwealth Government and State and Territory Governments, in consultation with ATSIC, agree upon a process which ensures that the adoption or otherwise of recommendations and the implementation of the adopted recommendations will be reported upon on a regular basis with respect to progress on a Commonwealth, State and Territory basis;

That such reports should be made not less than annually and that, subject to the agreement of its Commissioners so to do , ATSIC be given special responsibility and funding to enable it to monitor the progress of the implementation of the adopted recommendations and to report thereon to the Aboriginal and Torres Strait Islander community; c. That governments consult with appropriate Aboriginal organisations in the consideration and implementation of the various recommendations in this report; d. That, wherever appropriate , governments make use of the services of Aboriginal organisations in implementing such recommendations; and e. Ensure that local Aboriginal organisations are consulted about the local implementation of recommendations, and their services be used wherever feasible. (1:29)

RECOMMENDATION 2

That subject to the adoption by governments of this recommendation and the concurrence of Aboriginal communities and appropriate organisations, there be established in each State and Territory an independent Aboriginal Justice Advisory Committee to provide each government with advice on Aboriginal perceptions of criminal justice matters, and on the implementation of the recommendations of this report.

The Aboriginal Justice Advisory Committee in each State should be drawn from, and represent, a network of similar local or regionally based committees which can provide the State Advisory Committee with information of the views of Aboriginal people. It is most important that the views of people living outside the urban centres be incorporated.

The terms of reference of each State, local or regional Advisory Committee is a matter to be negotiated between governments and Aboriginal people. The Commission suggests however that matters which might appropriately be considered include, inter alia: a. The implementation of the recommendations of this report, or such of them as receive the endorsement of the government;

Appendix: RCIADIC Recommendations 1 b. Proposals for changes to policies which affect the operation of the criminal justice system; c. Programs for crime prevention and social control which enhance Aboriginal self-management and autonomy; d. Programs which increase the recruitment of Aboriginal people to the staff of criminal justice agencies; e. The dissemination of information on policies and programs between different agencies, and between parallel bodies in different States. (1:30)

RECOMMENDATION 3

The Commission notes that some of the recommendations of this report, particularly those relating to the custodial environment, are particularly detailed. The monitoring of the implementation of recommendations could only be carried out in close liaison with the authorities responsible for implementing them. In order to ensure that the State Aboriginal Justice Advisory Committee is able to give informed advice to the Attorney-General or Minister for Justice, it should be assisted by a small Secretariat, staffed by people with knowledge of Aboriginal interactions with the criminal justice system. The role of the Secretariat should be to provide information to the Advisory Committee, assist it in the development of policy proposals, and liaise on behalf (and at the direction of) the Committee with other agencies. The Secretariat should be located within the Department of Attorney-General or Minister for Justice but be accountable to the Advisory Committee on terms to be negotiated between government and Aboriginal people but with the maximum degree of autonomy from government as may be consistent with it fulfilling its function to assist the Advisory Committee to give informed, independent advice to government. (1:31)

THE FINDINGS OF THE COMMISSIONERS AS TO THE DEATHS (R.4-5)

RECOMMENDATION 4

That if and where claims are made in respect of the deaths based on the findings of Commissioners: a. Governments should not, in all the circumstances, take the point that a claim is out of time as prescribed by the relevant Statute of Limitations; and b. Governments should, whenever appropriate, make the effort to settle claims by negotiation so as to avoid further distress to families by litigation. (1:100)

RECOMMENDATION 5

That governments, recognising the trauma and pain suffered by relatives, kin and friends of those who died in custody, give sympathetic support to requests to provide funds or services to enable counselling to be offered to these people. (1:100)

Appendix: RCIADIC Recommendations 2 POST DEATH INVESTIGATIONS (R.6-40)

RECOMMENDATION 6

That for the purpose of all recommendations relating to post-death investigations the definition of deaths should include at least the following categories: a. The death wherever occurring of a person who is in prison custody or police custody or detention as a juvenile; b. The death wherever occurring of a person whose death is caused or contributed to by traumatic injuries sustained or by lack of proper care whilst in such custody or detention; c. The death wherever occurring of a person who dies or is fatally injured in the process of police or prison officers attempting to detain that person; and d. The death wherever occurring of a person who dies or is fatally injured in the process of that person escaping or attempting to escape from prison custody or police custody or juvenile detention . (1:170)

RECOMMENDATION 7

That the State Coroner or, in any State or Territory where a similar office does not exist , a Coroner specially designated for the purpose, be generally responsible for inquiry into all deaths in custody. (In all recommendations in this report the words "State Coroner ' should be taken to mean and include the Coroner so specially designated .) (1:171)

RECOMMENDATION 8

That the State Coroner be responsible for the development of a protocol for the conduct of coronial inquiries into deaths in custody and provide such guidance as is appropriate to Coroners appointed to conduct inquiries and inquests . (1:171)

RECOMMENDATION 9

That a Coroner inquiring into a death in custody be a Stipendiary Magistrate or a more senior judicial officer . (1:171)

RECOMMENDATION 10

That custodial authorities be required by law to immediately notify the Coroners Office of all deaths in custody, in addition to any other appropriate notification . (1:171)

Appendix: RCIADIC Recommendations 3 RECOMMENDATION 11

That all deaths in custody be required by law to be the subject of a coronial inquiry which culminates in a formal inquest conducted by a Coroner into the circumstances of the death . Unless there are compelling reasons to justify a different approach the inquest should be conducted in public hearings . A full record of the evidence should be taken at the inquest and retained. (1:172)

RECOMMENDATION 12

That a Coroner inquiring into a death in custody be required by law to investigate not only the cause and circumstances of the death but also the quality of the care, treatment and supervision of the deceased prior to death . (1:172)

RECOMMENDATION 13

That a Coroner inquiring into a death in custody be required to make findings as to the matters which the Coroner is required to investigate and to make such recommendations as are deemed appropriate with a view to preventing further custodial deaths. The Coroner should be empowered , further, to make such recommendations on other matters as he or she deems appropriate . (1:172)

RECOMMENDATION 14

That copies of the findings and recommendations of the Coroner be provided by the Coroners Office to all parties who appeared at the inquest, to the Attorney-General or Minister for Justice of the State or Territory in which the inquest was conducted, to the Minister of the Crown with responsibility for the relevant custodial agency or department and to such other persons as the Coroner deems appropriate . (1:172)

RECOMMENDATION 15

That within three calendar months of publication of the findings and recommendations of the Coroner as to any death in custody, any agency or department to which a copy of the findings and recommendations has been delivered by the Coroner shall provide, in writing, to the Minister of the Crown with responsibility for that agency or department , its response to the findings and recommendations , which should include a report as to whether any action has been taken or is proposed to be taken with respect to any person . (1:172)

RECOMMENDATION 16

That the relevant Ministers of the Crown to whom responses are delivered by agencies or departments , as provided for in Recommendation 15, provide copies of each such response to all parties who appeared before the Coroner at the inquest, to the Coroner who conducted the inquest and to the State Coroner . That the State Coroner be empowered to call for such further explanations or information as he or she considers necessary , including reports as to further action taken in relation to the recommendations . (1:173)

Appendix: RCIADIC Recommendations 4 RECOMMENDATION 17

That the State Coroner be required to report annually in writing to the Attorney-General or Minister for Justice , (such report to be tabled in Parliament), as to deaths in custody generally within the jurisdiction and, in particular, as to findings and recommendations made by Coroners pursuant to the terms of Recommendation 13 above and as to the responses to such findings and recommendations provided pursuant to the terms of Recommendation 16 above. (1:173)

RECOMMENDATION 18

That the State Coroner, in reporting to the Attorney -General or Minister for Justice , be empowered to make such recommendations as the State Coroner deems fit with respect to the prevention of deaths in custody . (1:173)

RECOMMENDATION 19

That immediate notification of death of an Aboriginal person be given to the family of the deceased and, if others were nominated by the deceased as persons to be contacted in the event of emergency, to such persons so nominated. Notification should be the responsibility of the custodial institution in which the death occurred ; notification , wherever possible, should be made in person , preferably by an Aboriginal person known to those being so notified. At all times notification should be given in a sensitive manner respecting the culture and interests of the persons being notified and the entitlement of such persons to full and frank reporting of such circumstances of the death as are known . (1:174)

RECOMMENDATION 20

That the appropriate Aboriginal Legal Service be notified immediately of any Aboriginal death in custody . (1:174)

RECOMMENDATION 21

That the deceased 's family or other nominated person and the Aboriginal Legal Service be advised as soon as possible and, in any event, in adequate time, as to the date and time of the coronial inquest. (1:174)

RECOMMENDATION 22

That no inquest should proceed in the absence of appearance for or on behalf of the family of the deceased unless the Coroner is satisfied that the family has been notified of the hearing in good time and that the family does not wish to appear in person or by a representative. In the event that no clear advice is available to the Coroner as to the family's intention to be appear or be represented no inquest should proceed unless the Coroner is satisfied that all reasonable efforts have been made to obtain such advice from the family , the Aboriginal Legal Service and/or from lawyers representing the family. (1:174)

Appendix: RCIADIC Recommendations 5 RECOMMENDATION 23

That the family of the deceased be entitled to legal representation at the inquest and that government pay the reasonable costs of such representation through legal aid schemes or otherwise . (1:175)

RECOMMENDATION 24

That unless the State Coroner or the Coroner appointed to conduct the inquiry otherwise directs , investigators conducting inquiries on behalf of the Coroner and the staff of the Coroners Office should at all times endeavour to provide such information as is sought by the family of the deceased , the Aboriginal Legal Service and /or lawyers representing the family as to the progress of their investigation and the preparation of the brief for the inquest . All efforts should be made to provide frank and helpful advice and to do so in a polite and considerate manner . If requested, all efforts should be made to allow family members or their representatives the opportunity to inspect the scene of death . (1:175)

RECOMMENDATION 25

That unless the State Coroner, or the Coroner appointed to conduct the inquiry, directs otherwise, and in writing, the family of the deceased or their representative should have a right to view the body, to view the scene of death, to have an independent observer at any post-mortem that is authorised to be conducted by the Coroner, to engage an independent medical practitioner to be present at the post-mortem or to conduct a further post-mortem, and to receive a copy of the post-mortem report. If the Coroner directs otherwise, a copy of the direction should be sent to the family and to the Aboriginal Legal Service. (1:175)

RECOMMENDATION 26

That as soon as practicable, and not later than forty-eight hours after receiving advice of a death in custody the State Coroner should appoint a solicitor or barrister to assist the Coroner who will conduct the inquiry into the death. (1:176)

RECOMMENDATION 27

That the person appointed to assist the Coroner in the conduct of the inquiry may be a salaried officer of the Crown Law Office or the equivalent office in each State and Territory, provided that the officer so appointed is independent of relevant custodial authorities and officers. Where, in the opinion of the State Coroner, the complexity of the inquiry or other factors, necessitates the engaging of counsel then the responsible government office should ensure that counsel is so engaged . (1:176)

RECOMMENDATION 28

That the duties of the lawyer assisting the Coroner be, subject to direction of the Coroner, to take responsibility, in the first instance, for ensuring that full and adequate inquiry is conducted into the cause and circumstances of the death and into such other matters as the Coroner is bound to investigate. Upon the hearing of the inquest the duties of the lawyer assisting at the inquest, whether solicitor or barrister, should be to ensure that all relevant evidence is brought to the attention of the Coroner and appropriately tested, so as to enable the Coroner to make such findings and recommendations as are appropriate to be made. (1:176)

Appendix: RCIADIC Recommendations 6 RECOMMENDATION 29

That the Coroner in charge of a coronial inquiry into a death in custody have legal power to require the officer in charge of the police investigation to report to the Coroner. The Coroner should have power to give directions as to any additional steps he or she desires to be taken in the investigation . (1:176)

RECOMMENDATION 30

That subject to direction , generally or specifically given , by the Coroner, the lawyer assisting the Coroner should have responsibility for reviewing the conduct of the investigation and advising the Coroner as to the progress of the investigation. (1:177)

RECOMMENDATION 31

That in performing the duties as lawyer assisting the Coroner in the inquiry into a death the lawyer assisting the Coroner be kept informed at all times by the officer in charge of the police investigation into the death as to the conduct of the investigation and the lawyer assisting the Coroner should be entitled to require the officer in charge of the police investigation to conduct such further investigation as may be deemed appropriate. Where dispute arises between the officer in charge of the police investigation and the lawyer assisting the Coroner as to the appropriateness of such further investigation the matter should be resolved by the Coroner . (1:177)

RECOMMENDATION 32

That the selection of the officer in charge of the police investigation into a death in custody be made by an officer of Chief Commissioner, Deputy Commissioner or Assistant Commissioner rank . (1:177)

RECOMMENDATION 33

That all officers involved in the investigation of a death in police custody be selected from an Internal Affairs Unit or from a police command area other than that in which the death occurred and in every respect should be as independent as possible from police officers concerned with matters under investigation . Police officers who were on duty during the time of last detention of a person who died in custody should take no part in the investigation into that death save as witnesses or, where necessary, for the purpose of preserving the scene of death. (1:177)

RECOMMENDATION 34

That police investigations be conducted by officers who are highly qualified as investigators, for instance, by experience in the Criminal Investigation Branch. Such officers should be responsible to one, identified, senior officer. (1:178)

Appendix: RCIADIC Recommendations 7 RECOMMENDATION 35

That police standing orders or instructions provide specific directions as to the conduct of investigations into the circumstances of a death in custody. As a matter of guidance and without limiting the scope of such directions as may be determined, it is the view of the Commission that such directions should require, inter alia, that:

a. Investigations should be approached on the basis that the death may be a homicide. Suicide should never be presumed;

All investigations should extend beyond an inquiry into whether death occurred as a result of criminal behaviour and should include inquiry into the lawfulness of the custody and the general care, treatment and supervision of the deceased prior to death;

c. The investigations into deaths in police watch-houses should include full inquiry into the circumstances leading to incarceration, including the circumstances of arrest or apprehension and the deceased's activities beforehand;

d. In the course of inquiry into the general care, treatment or supervision of the deceased prior to death particular attention should be given to whether custodial officers observed all relevant policies and instructions relating to the care, treatment and supervision of the deceased; and

e. The scene of death should be subject to a thorough examination including the seizure of exhibits for forensic science examination and the recording of the scene of death by means of high quality colour photography. (1:178)

RECOMMENDATION 36

Investigations into deaths in custody should be structured to provide a thorough evidentiary base for consideration by the Coroner on inquest into the cause and circumstances of the death and the quality of the care , treatment and supervision of the deceased prior to death . (1:179)

RECOMMENDATION 37

That all post-mortem examinations of the deceased be conducted by a specialist forensic pathologist wherever possible or, if a specialist forensic pathologist is not available , by a specialist pathologist qualified by experience or training to conduct such post-mortems. (1:179)

RECOMMENDATION 38

The Commission notes that whilst the conduct of a thorough autopsy is generally a prerequisite for an adequate coronial inquiry some Aboriginal people object, on cultural grounds, to the conduct of an autopsy. The Commission recognises that there are occasions where as a matter of urgency and in the public interest the Coroner may feel obligated to order that an autopsy be conducted notwithstanding the fact that there may be objections to that course from members of the family or community of the deceased. The Commission recommends that in order to minimise and to resolve difficulties in this area the State Coroner or the representative of the State Coroner should consult generally with Aboriginal Legal Services and Aboriginal Health Services to develop a protocol for the resolution of questions involving the conduct of inquiries and autopsies, the removal and burial of organs and the removal and return of the body of the deceased. It is highly desirable that as far as possible no obstacle be placed in the way of carrying out of traditional rites and that relatives of a deceased Aboriginal person be spared further grief. The Commission further recommends that the Coroner conducting an inquiry into a death in custody should be guided by such protocol and should make all reasonable efforts to obtain advice from the family and community of the deceased in consultation with relevant Aboriginal organisations. (1:179)

Appendix: RCIADIC Recommendations 8 RECOMMENDATION 39

That in developing a protocol with Aboriginal Legal Services and Aboriginal Health Services as proposed in Recommendation 38, the State Coroner might consider whether it is appropriate to extend the terms of the protocol to deal with any and all cases of Aboriginal deaths notified to the Coroner and not just to those deaths which occur in custody. (1:180)

RECOMMENDATION 40

That Coroners Offices in all States and Territories establish and maintain a uniform data base to record details of Aboriginal and non-Aboriginal deaths in custody and liaise with the Australian Institute of Criminology and such other bodies as may be authorised to compile and maintain records of Aboriginal deaths in custody in Australia. (1:180)

ADEQUACY OF INFORMATION (R.41-47)

RECOMMENDATION 41

That statistics and other information on Aboriginal and non-Aboriginal deaths in prison, police custody and juvenile detention centres, and related matters, be monitored nationally on an ongoing basis. I suggest that responsibility for this be established within the Australian Institute of Criminology and that all custodial agencies co-operate with the Institute to enable it to carry out the responsibility. The responsibility should include at least the following functions: a. Maintain a statistical data base relating to deaths in custody of Aboriginal and non-Aboriginal persons (distinguishing Aboriginal people from Torres Strait Islanders); b. Report annually to the Commonwealth Parliament; and c. Negotiate with all custodial agencies with a view to formulating a nationally agreed standard form of statistical input and a standard definition of deaths in custody. Such definition should include at least the following categories:

the death wherever occurring of a person who is in prison custody or police custody or detention as a juvenile;

ii. the death wherever occurring of a person whose death is caused or contributed to by traumatic injuries sustained or by lack of proper care whilst in such custody or detention;

iii. the death wherever occurring of a person who dies or is fatally injured in the process of police or prison officers attempting to detain that person; and

iv. the death wherever occurring of a person who dies or is fatally injured in the process of that person escaping or attempting to escape from prison custody or police custody or juvenile detention. (1:195)

Appendix: RCIADIC Recommendations 9 RECOMMENDATION 42

That governments require the provision of and publish, on a regular and frequent basis, detailed information on the numbers and details of the people passing through their police cells. (1:195)

RECOMMENDATION 43

That a survey such as the 1988 National Police Custody Survey be conducted at regular intervals of, say, two to five years, with the aim of systematically monitoring and evaluating the degree to which needed improvements in legislation, attitudes, policies and procedures that affect police custody are implemented. (1:195)

RECOMMENDATION 44

That the Australian Institute of Criminology co-ordinate and implement the recommended series of national surveys. The experience of the first national survey points to the fact that careful planning with all the relevant authorities will be needed to ensure that the maximum amount of useful information is derived from the surveys. (1:195)

RECOMMENDATION 45

That the appropriate Ministerial Councils strive to achieve a commonality of approach in data collections concerning both police and prison custody. (1:196)

RECOMMENDATION 46

That the national deaths in custody surveys which I have recommended be undertaken by the Australian Institute of Criminology include the establishment of uniform procedures and methodologies which would not only enhance the state of knowledge in this area but also facilitate the making of comparisons between Australian and other jurisdictions, and facilitate communication of research findings. (1:196)

RECOMMENDATION 47

That relevant Ministers report annually to their State and Territory Parliaments as to the numbers of persons held in police, prison and juvenile centre custody with statistical details as to the legal status of the persons so held (for example, on arrest; on remand for trial; on remand for sentence; sentenced; for fine default or on other warrant; for breach of non-custodial court orders; protective custody or as the case may be), including whether the persons detained were or were not Aboriginal or Torres Strait Islander people. (1:197)

Appendix: RCIADIC Recommendations 10 ABORIGINAL SOCIETY TODAY (R.48-57)

RECOMMENDATION 48

That when social indicators are to be used to monitor and/or evaluate policies and programs concerning Aboriginal people, the informed views of Aboriginal people should be incorporated into the development, interpretation and use of the indicators, to ensure that they adequately reflect Aboriginal perceptions and aspirations. In particular, it is recommended that authorities considering information gathering activities concerning Aboriginal people should consult with ATSIC and other Aboriginal organisations, such as NAIHO or NAILSS, as to the project. (2:53)

RECOMMENDATION 49

That proposals for a special national survey covering a range of social, demographic, health and economic characteristics of the Aboriginal population with full Aboriginal participation at all levels be supported. The proposed census should take as its boundaries the ATSIC boundaries. The Aboriginal respondents to the census should be encouraged to nominate their traditional/contemporary language affiliation. I further recommend that the ATSIC Regional Councils be encouraged to use the special census to obtain an inventory of community infrastructure, assets and outstanding needs which can be used as data for the development of their regional plans. (2:62)

RECOMMENDATION 50

That in the development of future national censuses and other data collection activity covering Aboriginal people, the Australian Bureau of Statistics and other agencies consult , at an early stage , with ATSIC . to ensure that full account is taken of the Aboriginal perspective. (2:63)

RECOMMENDATION 51

That research funding bodies reviewing proposals for further research on programs and policies affecting Aboriginal people adopt as principal criteria for the funding of those programs: a. The extent to which the problem or process being investigated has been defined by Aboriginal people of the relevant community or group; b. The extent to which Aboriginal people from the relevant community or group have substantial control over the conduct of the research; c. The requirement that Aboriginal people from the relevant community or group receive the results of the research delivered in a form which can be understood by them; and d. The requirement that the research include the formulation of proposals for further action by the Aboriginal community and local Aboriginal organisations . (2:63)

Appendix: RCIADIC Recommendations 11 RECOMMENDATION 52

That funding should be made available to organisations such as Link-Up which have the support of Aboriginal people for the purpose of re-establishing links to family and community which had been severed or attenuated by past government policies. Where this service is being provided to Aboriginal people by organisations or bodies which , not being primarily established to pursue this purpose, provide the service in conjunction with other functions which they perform , the role of such organisations in assisting Aboriginal people to re-establish their links to family and community should be recognised and funded , where appropriate. (2:79)

RECOMMENDATION 53

That Commonwealth, State and Territory Governments provide access to all government archival records pertaining to the family and community histories of Aboriginal people so as to assist the process of enabling Aboriginal people to re-establish community and family links with those people from whom they were separated as a result of past policies of government. The Commission recognises that questions of the rights to privacy and questions of confidentiality may arise and recommends that the principles and processes for access to such records should be negotiated between government and appropriate Aboriginal organisations, but such negotiations should proceed on the basis that as a general principle access to such documents should be permitted. (2:79)

RECOMMENDATION 54

That in States or Territories which have not already so provided there should be legislative recognition of:

a. The Aboriginal Child Placement Principle; and

b. The essential role of Aboriginal Child Care Agencies. (2:83)

RECOMMENDATION 55

That government and funding bodies reflect the importance of the National Aboriginal Language Policy in the provision of funds to Aboriginal communities and organisations. (2:141)

RECOMMENDATION 56

The Commission notes that many Aboriginal people have expressed the wish to record and make known to both Aboriginal and non-Aboriginal people aspects of the history, traditions and contemporary culture of Aboriginal society. This wish has been reflected in the establishment of many small local community museums and culture centres. The Commission notes that many opportunities exist for projects which introduce non-Aboriginal people to Aboriginal history and culture. One illustration is the work done by the Kaurna people in South Australia to restore the Tjilbruke track; another is the Brewarrina Museum. The Commission recommends that government and appropriate heritage authorities negotiate with Aboriginal communities and organisations in order to support such Aboriginal initiatives. (2:142)

Appendix: RCIADIC Recommendations 12 RECOMMENDATION 57

That governments agree that: a. The records of the Commission be held in archives in the capital city of the state in which the inquiry, which gathered those records, occurred; and b. A relevant Aboriginal body, for example the Aboriginal Affairs Planning Authority in the case of Western Australia, be given responsibility for determining access to the material jointly with the normal authority for determining such matters. (2:142)

RELATIONS WITH THE NON-ABORIGINAL COMMUNITY ( R.58-59)

RECOMMENDATION 58

That governments give consideration to amending the liquor laws to provide a right of appeal to persons excluded from a hotel where that exclusion or its continuation is harsh or unreasonable. (2:179)

RECOMMENDATION 59

That Police Services use every endeavour to police the provisions of Licensing Acts which make it an offence to serve intoxicated persons. (2:180)

RELATIONS WITH POLICE (R.60-62)

RECOMMENDATION 60

That Police Services take all possible steps to eliminate: a. Violent or rough treatment or verbal abuse of Aboriginal persons including women and young people, by police officers; and b. The use of racist or offensive language , or the use of racist or derogatory comments in log books and other documents, by police officers.

When such conduct is found to have occurred, it should be treated as a serious breach of discipline. (2:223)

RECOMMENDATION 61

That all Police Services review their use of para-military forces such as the New South Wales SWOS and TRG units to ensure that there is no avoidable use of such units in circumstances affecting Aboriginal communities. (2:223)

Appendix: RCIADIC Recommendations 13 RECOMMENDATION 62

That governments and Aboriginal organisations recognise that the problems affecting Aboriginal juveniles are so widespread and have such potentially disastrous repercussions for the future that there is an urgent need for governments and Aboriginal organisations to negotiate together to devise strategies designed to reduce the rate'at which Aboriginal juveniles are involved in the welfare and criminal justice systems and, in particular, to reduce the rate at which Aboriginal juveniles are separated from their families and communities, whether by being declared to be in need of care, detained, imprisoned or otherwise. (2:252)

THE HARMFUL USE OF ALCOHOL AND OTHER DRUGS (R.63-71)

RECOMMENDATION 63

That having regard to the desirability of Aboriginal people deciding for themselves what courses of action should be pursued to advance their well-being, ATSIC consider, in the light of the implementation of the National Aboriginal Health Strategy, the establishment of a National Task Force to focus on: a. The examination of the social and health problems which Aboriginal people experience as a consequence of alcohol use; b. The assessment of the needs in this area and the means to fulfil these needs; and c. The representation of Aboriginal Health Services and other medical resources in such a project. (2:330)

RECOMMENDATION 64

That Aboriginal people be involved at every level in the development, implementation and interpretation of research into the patterns, causes and consequences of Aboriginal alcohol use and in the application of the results of that research. (2:330)

RECOMMENDATION 65

That if Aboriginal people identify it as a priority (and ATSIC is well placed to make such a judgement) the Ministerial Council on Drug Strategy, as the body which manages the NCADA, act to develop and implement, in conjunction with Aboriginal people and organisations, an ongoing program of data collection and research to fill the many gaps which exist in knowledge about Aboriginal alcohol and other drug use and the consequences of such use. Particular areas of need are: a. Information about alcohol consumption among urban Aboriginal groups; b. Information about alcohol consumption among Aboriginal youth; c. Longitudinal data in all areas; d. An emphasis on good quality data utilising standard methodology and definitions; and e. Evaluation research which assists in developing improved Aboriginal prevention, intervention and treatment initiatives in the alcohol and other drugs field. (2:330)

Appendix: RCIADIC Recommendations 14 RECOMMENDATION 66

That if Aboriginal people identify it as a priority, organisations which support research into Aboriginal issues, including the NCADA and the Australian Institute of Aboriginal and Torres Strait Islander Studies, encourage more comprehensive and diverse research into the extent, causes and consequences of alcohol use among Aboriginal people. In particular, that appropriate steps be taken to ensure that the NCADA national research and training centres at the University of New South Wales, Curtin University and the Flinders University of South Australia establish mechanisms to encourage new graduates, researchers from other fields and Aboriginal people to conduct research in this area and identify research priorities and methods to implement them. (2:331)

RECOMMENDATION 67

That the National Drug Abuse Data System of the NCADA institute a regular research program to establish baseline data and monitor changes over time in relation to the health, social and economic consequences of alcohol use among Aboriginal people. (2:331)

RECOMMENDATION 68

That responsible authorities accurately identify Aboriginal people in administrative data sets such as those covering mortality, morbidity and other social indicators, where such action will provide basic information which will assist Aboriginal organisations to achieve their research and service development goals. While it is acknowledged that primary responsibility for the management of such data sets lies with the States and Territories, Commonwealth agencies such as ATSIC, the AIH and the AIC should be involved in this exercise in a co-ordinating role. (2:331)

RECOMMENDATION 69

That with the aim of assisting Aboriginal organisations to develop effective programs aimed at minimising the harm arising from alcohol and other drug use, priority be given by research funding bodies to research investigating the causal relationships between alcohol and other drugs , including their availability, and consequences on community well-being and criminal activity. (2:332)

RECOMMENDATION 70

That organisations developing policies and programs addressing Aboriginal alcohol issues: a. Recognise the inadequacy of single factor explanations (such as the disease model of problematic alcohol use) of the causes of alcohol dependence and misuse among individuals; b. Take into account the fact that multiple explanations are necessary to explain the causes of alcohol misuse and related problems at the community level. It is therefore inappropriate to focus too strongly on any one explanation to the exclusion of others. (2:332)

Appendix: RCIADIC Recommendations 15 RECOMMENDATION 71

That research funding bodies consider commissioning or otherwise sponsoring research investigating Aboriginal conceptualisation of the nature and causes of alcohol dependence and misuse and the prevention , intervention. and treatment approaches which stem from these. (2:332)

SCHOOLING (R.72)

RECOMMENDATION 72

That in responding to truancy the primary principle to be followed by government agencies be to provide support, in collaboration with appropriate Aboriginal individuals and organisations , to the juvenile and to those responsible for the care of the juvenile; such support to include addressing the cultural and social factors identified by the juvenile and by those responsible for the care of the juvenile as being relevant to the truancy . (2:368)

HOUSING AND INFRASTRUCTURE (R.73-76)

RECOMMENDATION 73

That the provision of housing and infrastructure to Aboriginal people in remote and discrete communities, including the design and location of houses , take account of their cultural perceptions of the use of living space, and that budgetary allocations include provision for appropriate architectural and town planning advice to, and consultation with, the serviced community. (2:343)

RECOMMENDATION 74

That the work of the Centre for Appropriate Technology in Alice Springs in the design of items specifically for infrastructural and technological innovations appropriate to remote communities , and that of similar research units, be appropriately encouraged and supported. (2:449)

RECOMMENDATION 75

That Aboriginal communities be given equitable access to ongoing expenditure by the Commonwealth, State and Territory, and local authorities on roads. In addition, where new roads or changes to existing roads are proposed , it is recommended that no development should take place until the impact on Aboriginal land and the possible impact on Aboriginal communities that public access may have are established in consultation with those communities likely to be affected by the development proposal. (2:451)

RECOMMENDATION 76

That the integrated analysis of infrastructure , housing, essential services and health as illustrated by the Nganampa Health Council's UPK Report be considered as a model worthy of study and adoption for the development of community planning processes in other States and areas . (2:462)

Appendix: RCIADIC Recommendations 16 SELF DETERMINATION AND LOCAL GOVERNMENT (R.77-79)

RECOMMENDATION 77

That the distinction between communities with or without formal local government authority status should be abolished for purposes of access to Commonwealth roads funding. The Minister for Aboriginal Affairs and the Federal Minister for Local Government should establish a review of Commonwealth Local Road Funds and specific purpose funding with, amongst others, one specific term of reference being to find feasible solutions to the problem of inequity for Aboriginal people in the provision and maintenance area of roads. (2:551)

RECOMMENDATION 78

That with respect to the provision of grants the Queensland State Government should ensure that Aboriginal and Islander Community Councils are considered against the average standards used for mainstream local government councils. Aboriginal Community Councils should have access to the Capital Works Subsidy Scheme available to mainstream local government authorities. The operation of the Aerodrome Local Ownership Scheme should be extended to Aboriginal Community Councils. (2:556)

DIVERSION FROM POLICE CUSTODY (R.79-91)

RECOMMENDATION 79

That, in jurisdictions where drunkenness has not been decriminalised, governments should legislate to abolish the offence of public drunkenness. (3:28)

RECOMMENDATION 80

That the abolition of the offence of drunkenness should be accompanied by adequately funded programs to establish and maintain non-custodial facilities for the care and treatment of intoxicated persons. (3:28)

RECOMMENDATION 81

That legislation decriminalising drunkenness should place a statutory duty upon police to consider and utilise alternatives to the detention of intoxicated persons in police cells. Alternatives should include the options of taking the intoxicated person home or to a facility established for the care of intoxicated persons. (3:28)

RECOMMENDATION 82

That governments should closely monitor the effects of dry area declarations and other regulations or laws restricting the consumption of alcohol so as to determine their effect on the rates of custody in particular areas and other consequences. (3:28)

Appendix: RCIADIC Recommendations 17 RECOMMENDATION 83

That: a. The Northern Territory Government consider giving a public indication that it will review the two kilometre law at the end of a period of one year in the expectation that all relevant organisations, both Aboriginal and non-Aboriginal, will negotiate as to appropriate local agreements relating to the consumption of alcohol in public that will meet the reasonable expectations of both Aboriginal and non-Aboriginal people associated with particular localities; and b. Other governments give consideration to taking similar action in respect of laws operating within their jurisdictions designed to deal with the public consumption of alcohol. (3:28)

RECOMMENDATION 84

That issues related to public drinking should be the subject of negotiation between police, local government bodies and representative Aboriginal organisations, including Aboriginal Legal Services, with a view to producing a generally acceptable plan. (3:29)

RECOMMENDATION 85

That: a. Police Services should monitor the effect of legislation which decriminalises drunkenness with a view to ensuring that people detained by police officers are not being detained in police cells when they should more appropriately have been taken to alternative places of care;

The effect of such legislation should be monitored to ensure that persons who would otherwise have been apprehended for drunkenness are not, instead, being arrested and charged with other minor offences. Such monitoring should also assess differences in police practices between urban and rural areas; and c. The results of such monitoring of the implementation of the decriminalisation of drunkenness should be made public. (3:29)

RECOMMENDATION 86

That: a. The use of offensive language in circumstances of interventions initiated by police should not normally be occasion for arrest or charge; and b. Police Services should examine and monitor the use of offensive language charges . (3:29)

Appendix: RCIADIC Recommendations 18 RECOMMENDATION 87

That: a. All Police Services should adopt and apply the principle of arrest being the sanction of last resort in dealing with offenders; b. Police administrators should train and instruct police officers accordingly and should closely check that this principle is carried out in practice; c. Administrators of Police Services should take a more active role in ensuring police compliance with directives, guidelines and rules aimed at reducing unnecessary custodies and should review practices and procedures relevant to the use of arrest or process by summons and in particular should take account of the following matters:

all possible steps should be taken to ensure that allowances paid to police officers do not operate as an incentive to increase the number of arrests;

ii. a statistical data base should be established for monitoring the use of summons and arrest procedures on a Statewide basis noting the utilisation of such procedures, in particular divisions and stations;

iii. the role of supervisors should be examined and, where necessary, strengthened to provide for the overseeing of the appropriateness of arrest practices by police officers;

iv. efficiency and promotion criteria should be reviewed to ensure that advantage does not accrue to individuals or to police stations as a result of the frequency of making charges or arrests; and

v. procedures should be reviewed to ensure that work processes (particularly relating to paper work) are not encouraging arrest rather than the adoption of other options such as proceeding by summons or caution; and d. Governments, in conjunction with Police Services, should consider the question of whether procedures for formal caution should be established in respect of certain types of offences rather than proceeding by way of prosecution . (3:42)

RECOMMENDATION 88

That Police Services in their ongoing review of the allocation of resources should closely examine, in collaboration with Aboriginal organisations, whether there is a sufficient emphasis on community policing. In the course of that process of review, they should, in negotiation with appropriate Aboriginal organisations and people, consider whether: a. There is over-policing or inappropriate policing of Aboriginal people in any city or regional centre or country town; b. The policing provided to more remote communities is adequate and appropriate to meet the needs of those communities and, in particular, to meet the needs of women in those communities; and c. There is sufficient emphasis on crime prevention and liaison work and training directed to such work. (3:43)

Appendix: RCIADIC Recommendations 19 RECOMMENDATION 89

That, the operation of bail legislation should be closely monitored by each government to ensure that the entitlement to bail, as set out in the legislation, is being recognised in practice. Furthermore the Commission recommends that the factors highlighted in this report as relevant to the granting of bail be closely considered by police administrators. (3:54)

RECOMMENDATION 90

That in jurisdictions where this is not already the position: a. Where police bail is denied to an Aboriginal person or granted on terms the person cannot meet, the Aboriginal Legal Service, or a person nominated by the Service , be notified of that fact; b. An officer of the Aboriginal Legal Service or such other person as is nominated by the Service, be granted access to a person held in custody without bail; and c. There be a statutory requirement that the officer in charge of a station to whom an arrested person is taken give to that person, in writing, a notification of his/her right to apply for bail and to pursue a review of the decision if bail is refused and of how to exercise those rights. (3:54)

IMPRISONMENT AS A LAST RESORT ( R.92-121)

RECOMMENDATION 91

That governments, in conjunction with Aboriginal Legal Services and Police Services, give consideration to amending bail legislation: a. to enable the same or another police officer to review a refusal of bail by a police officer; b. to revise any criteria which inappropriately restrict the granting of bail to Aboriginal people; and c. to enable police officers to release a person on bail at or near the place of arrest without necessarily conveying the person to a police station. (3:55)

RECOMMENDATION 92

That governments which have not already done so should legislate to enforce the principle that imprisonment should be utilised only as a sanction of last resort. (3:64)

Appendix: RCIADIC Recommendations 20 RECOMMENDATION 93

That governments should consider whether legislation should provide, in the interests of rehabilitation, that criminal records be expunged to remove references to past convictions after a lapse of time since last conviction and particularly whether convictions as a juvenile should not be expunged after, say, two years of non-conviction as an adult. (3:64)

RECOMMENDATION 94

That:

a. Sentencing and correctional authorities should accept that community service may be performed in many ways by an offender placed on a community service order; and

b. Consistent with the object of ensuring that offenders do not re-offend, approval should be given, where appropriate , for offenders to perform Community Service work by pursuing personal development courses which might provide the offender with skills, knowledge, interests , treatment or counselling likely to reduce the risk of re-offending . (3:71)

RECOMMENDATION 95

That in jurisdictions where motor vehicle offences are a significant cause of Aboriginal imprisonment the factors relevant to such incidence be identified, and, in conjunction with Aboriginal community organisations, programs be designed to reduce that incidence of offending . (3:71)

RECOMMENDATION 96

That judicial officers and persons who work in the court service and in the probation and parole services and whose duties bring them into contact with Aboriginal people be encouraged to participate in an appropriate training and development program, designed to explain contemporary Aboriginal society, customs and traditions. Such programs should emphasise the historical and social factors which contribute to the disadvantaged position of many Aboriginal people today and to the nature of relations between Aboriginal and non-Aboriginal communities today. The Commission further recommends that such persons should wherever possible participate in discussion with members of the Aboriginal community in an informal way in order to improve cross-cultural understanding. (3:79)

RECOMMENDATION 97

That in devising and implementing courses referred to in Recommendation 96 the responsible authorities should ensure that consultation takes place with appropriate Aboriginal organisations , including, but not limited to , Aboriginal Legal Services . (3:79)

RECOMMENDATION 98

Those jurisdictions which have not already done so should phase out the use of Justices of the Peace for the determination of charges or for the imposition of penalties for offences . (3:79)

Appendix: RCIADIC Recommendations 21 RECOMMENDATION 99

That legislation in all jurisdictions should provide that where an Aboriginal defendant appears before a Court and there is doubt as to whether the person has the ability to fully understand proceedings in the English language and is fully able to express himself or herself in the English language, the court be obliged to satisfy itself that the person has that ability.

Where there is doubt or reservations as to these matters proceedings should not continue until a competent interpreter is provided to the person without cost to that person . (3:79)

RECOMMENDATION 100

That governments should take more positive steps to recruit and train Aboriginal people as court staff and interpreters in locations where significant numbers of Aboriginal people appear before the courts. (3:80)

RECOMMENDATION 101

That authorities concerned with the administration of non-custodial sentencing orders take responsibility for advising sentencing authorities as to the scope and effectiveness of such programs. (3:80)

RECOMMENDATION 102

That, in the first instance, proceedings for a breach of a non -custodial order should ordinarily be commenced by summons or attendance notice and not by arrest of the offender . (3:80)

RECOMMENDATION 103

That in jurisdictions where a Community Service Order may be imposed for fine default, the dollar value of a day's service should be greater than and certainly not less than, the dollar value of a day served in prison. (3:80)

RECOMMENDATION 104

That in the case of discrete or remote communities sentencing authorities consult with Aboriginal communities and organisations as to the general range of sentences which the community considers appropriate for offences committed within the communities by members of those communities and, further, that subject to preserving the civil and legal rights of offenders and victims such consultation should in appropriate circumstances relate to sentences in individual cases. (3:85)

RECOMMENDATION 105

That in providing funding to Aboriginal Legal Services governments should recognise that Aboriginal Legal Services have a wider role to perform than their immediate task of ensuring the representation and provision of legal advice to Aboriginal persons. The role of the Aboriginal Legal Services includes investigation and research into areas of law reform in both criminal and civil fields which relate to the involvement of Aboriginal people in the system of justice in Australia. In fulfilling this role Aboriginal Legal Services require access to, and the opportunity to conduct, research. (3:91)

Appendix: RCIADIC Recommendations 22 RECOMMENDATION 106

That Aboriginal Legal Services recognise the need for maintaining close contact with the Aboriginal communities which they serve. It should be recognised that where charges are laid against individuals there may be a conflict of interests between the rights of the individual and the interests of the Aboriginal community as perceived by that community; in such cases arrangements may need to be made to ensure that both interests are separately represented and presented to the court. Funding authorities should recognise that such conflicts of interest may require separate legal representation for the individual and the community. (3:91)

RECOMMENDATION 107

That in order that Aboriginal Legal Services may maintain close contact with, and efficiently serve Aboriginal communities, weight should be attached to community wishes for autonomous regional services or for the regional location of solicitors and field officers. (3:91)

RECOMMENDATION 108

That it be recognised by Aboriginal Legal Services, funding authorities and courts that lawyers cannot adequately represent clients unless they have adequate time to take instructions and prepare cases, and that this is a special problem in communities without access to lawyers other than at the time of court hearings. (3:91)

RECOMMENDATION 109

That State and Territory Governments examine the range of non-custodial sentencing options available in each jurisdiction with a view to ensuring that an appropriate range of such options is available. (3:96)

RECOMMENDATION 110

That in view of the wide variety of pre-release and post-release support schemes conducted by Corrective Services authorities and other agencies and organisations in various parts of the country it is the view of the Commission that a national study designed to ascertain the best features of existing schemes with a view to ensuring their widespread application is highly desirable. in such a study it is most important that consultation take place with relevant Aboriginal organisations. (3:96)

RECOMMENDATION 111

That in reviewing options for non-custodial sentences governments should consult with Aboriginal communities and groups, especially with representatives of Aboriginal Legal Services and with Aboriginal employees with relevant experience in government departments. (3:96)

Appendix: RCIADIC Recommendations 23 RECOMMENDATION 112

That adequate resources be made available to provide support by way of personnel and infrastructure so as to ensure that non-custodial sentencing options which are made available by legislation are capable of implementation in practice. It is particularly important that such support be provided in rural and remote areas of significant Aboriginal population. (3:96)

RECOMMENDATION 113

That where non-custodial sentencing orders provide for a community work or development program as a condition of the order the authorities responsible for the program should ensure that the local Aboriginal community participates, if its members so choose, in the planning and implementation of the program. Further, that Aboriginal community organisations be encouraged to become participating agencies in such programs. (3:97)

RECOMMENDATION 114

Wherever possible, departments and agencies responsible for non-custodial sentencing programs for Aboriginal persons should employ and train Aboriginal people to take particular responsibility for the implementation of such programs and should employ and train Aboriginal people to assist to educate and inform the community as to the range and implementation of non-custodial sentencing options. (3:97)

RECOMMENDATION 115

That for the purpose of assessing the efficacy of sentencing options and for devising strategies for the rehabilitation of offenders it is important that governments ensure that statistical and other information is recorded to enable an understanding of Aboriginal and Torres Strait Islander rates of recidivism and the effectiveness of various non-custodial sentencing orders and parole . (3:97)

RECOMMENDATION 116

That persons responsible for devising work programs on Community Service Orders in Aboriginal communities consult closely with the community to ensure that work is directed which is seen to have value to the community. Work performed under Community Service Orders should not, however, be performed at the expense of paid employment which would otherwise be available to members of the Aboriginal community. (3:109)

RECOMMENDATION 117

That where in any jurisdiction the consequence of a breach of a community service order, whether imposed by the court or as a fine default option, may be a term of imprisonment, legislation be amended to provide that the imprisonment must be subject to determination by a magistrate or judge who should be authorised to make orders other than imprisonment if he or she deems it appropriate. (3:109)

Appendix: RCIADIC Recommendations 24 RECOMMENDATION 118

That where not presently available , home detention be provided both as a sentencing option available to courts as well as a means of early release of prisoners . (3:114)

RECOMMENDATION 119

That Corrective Services authorities ensure that Aboriginal offenders are not being denied opportunities for probation and parole by virtue of the lack of adequate numbers of trained support staff or of infrastructure to ensure monitoring of such orders. (3:117)

RECOMMENDATION 120

That governments consider introducing an ongoing amnesty on the execution of long outstanding warrants of commitment for unpaid fines. (3:126)

RECOMMENDATION 121

That: a. Where legislation does not already so provide governments should ensure that sentences of imprisonment are not automatically imposed in default of payment of a fine; and b. Such legislation should provide alternative sanctions and impose a statutory duty upon sentencers to consider a defendant's capacity to pay in assessing the appropriate monetary penalty and time to pay, by instalments or otherwise. (3:126)

CUSTODIAL HEALTH AND SAFETY (R.122-167)

RECOMMENDATION 122

That governments ensure that: a. Police Services, Corrective Services, and authorities in charge of juvenile centres recognise that they owe a legal duty of care to persons in their custody; b. The standing instructions to the officers of these authorities specify that each officer involved in the arrest, incarceration or supervision of a person in custody has a legal duty of care to that person, and may be held legally responsible for the death or injury of the person caused or contributed to by a breach of that duty; and c. These authorities ensure that such officers are aware of their responsibilities and trained appropriately to meet them, both on recruitment and during their service. (3:189)

Appendix: RCIADIC Recommendations 25 RECOMMENDATION 123

That Police and Corrective Services establish clear policies in relation to breaches of departmental instructions. Instructions relating to the care of persons in custody should be in mandatory terms and be both enforceable and enforced. Procedures should be put in place to ensure that such instructions are brought to the attention of and are understood by all officers and that those officers are made aware that the instructions will be enforced. Such instructions should be available to the public. (3:193)

RECOMMENDATION 124

That Police and Corrective Services should each establish procedures for the conduct of de-briefing sessions following incidents of importance such as deaths, medical emergencies or actual or attempted suicides so that the operation of procedures, the actions of those involved and the application of instructions to specific situations can be discussed and assessed with a view to reducing risks in the future. (3:194)

RECOMMENDATION 125

That in all jurisdictions a screening form be introduced as a routine element in the reception of persons into police custody. The effectiveness of such forms and of procedures adopted with respect to the completion of such should be evaluated in the light of the experience of the use of such forms in other jurisdictions . (3:241)

RECOMMENDATION 126

That in every case of a person being taken into custody, and immediately before that person is placed in a cell , a screening form should be completed and a risk assessment made by a police officer or such other person, not being a police officer, who is trained and designated as the person responsible for the completion of such forms and the assessment of prisoners. The assessment of a detainee and other procedures relating to the completion of the screening form should be completed with care and thoroughness . (3:241)

RECOMMENDATION 127

That Police Services should move immediately in negotiation with Aboriginal Health Services and government health and medical agencies to examine the delivery of medical services to persons in police custody. Such examination should include, but not be limited to, the following: a. The introduction of a regular medical or nursing presence in all principal watch-houses in capital cities and in such other major centres as have substantial numbers detained; b. In other locations, the establishment of arrangements to have medical practitioners or trained nurses readily available to attend police watch-houses for the purpose of identifying those prisoners who are at risk through illness, injury or self-harm at the time of reception; c. The involvement of Aboriginal Health Services in the provision of health and medical advice, assistance and care with respect to Aboriginal detainees and the funding arrangements necessary for them to facilitate their greater involvement;

Appendix: RCIADIC Recommendations 26 d. The establishment of locally based protocols between police, medical and para-medical agencies to facilitate the provision of medical assistance to all persons in police custody where the need arises; e. The establishment of proper systems of liaison between Aboriginal Health Services and police so as to ensure the transfer of information relevant to the health, medical needs and risk status of Aboriginal persons taken into police custody; and f. The development of protocols for the care and management of Aboriginal prisoners at risk, with attention to be given to the specific action to be taken by officers with respect to the management of:

i. intoxicated persons;

ii. persons who are known to suffer from illnesses such as epilepsy, diabetes or heart disease or other serious medical conditions;

iii. persons who make any attempt to harm themselves or who exhibit a tendency to violent, irrational or potentially self-injurious behaviour;

iv. persons with an impaired state of consciousness;

v. angry, aggressive or otherwise disturbed persons;

vi. persons suffering from mental illness;

vii. other serious medical conditions;

viii. persons in possession of, or requiring access to, medication; and

ix. such other persons or situations as agreed. (3:242)

RECOMMENDATION 128

That where persons are held in police watch-houses on behalf of a Corrective Services authority, that authority arrange, in consultation with Police Services, for medical services (and as far as possible other services) to be provided not less adequate than those that are provided in correctional institutions. (3:243)

RECOMMENDATION 129

That the use of breath analysis equipment to test the blood alcohol levels at the time of reception of persons taken into custody be thoroughly evaluated by Police Services in consultation with Aboriginal Legal Services, Aboriginal Health Services, health departments and relevant agencies. (3:243)

Appendix: RCIADIC Recommendations 27 RECOMMENDATION 130

That:

a. Protocols be established for the transfer between Police and Corrective Services of information about the physical or mental condition of an Aboriginal person which may create or increase the risks of death or injury to that person when in custody;

b. In developing such protocols, Police Services, Corrective Services and health authorities with Aboriginal Legal Services and Aboriginal Health Services should establish procedures for the transfer of such information and establish necessary safe-guards to protect the rights of privacy and confidentiality of individual prisoners to the extent compatible with adequate care; and

c. Such protocols should be subject to relevant ministerial approval . (3:243)

RECOMMENDATION 131

That where police officers in charge of prisoners acquire information relating to the medical condition of a prisoner, either because they observe that condition or because the information is voluntarily disclosed to them, such information should be recorded where it may be accessed by any other police officer charged with the supervision of that prisoner. Such information should be added to the screening form referred to in Recommendation 126 or filed in association with it. (3:244)

RECOMMENDATION 132

That: a. Police instructions should require that the officer in charge of an outgoing shift draw to the attention of the officer in charge of the incoming shift any information relating to the wellbeing of any prisoner or detainee and, in particular, any medical attention required by any prisoner or detainee; b. A written check list should be devised setting out those matters which should be addressed, both in writing and orally, at the time of any such handover of shift; and c. Police services should assess the need for an appropriate form or process of record keeping to be devised to ensure adequate and appropriate notation of such matters . (3:244)

RECOMMENDATION 133

That: a. All police officers should receive training at both recruit and in-service levels to enable them to identify persons in distress or at risk of death or injury through illness, injury or self-harm; b. Such training should include information as to the general health status of the Aboriginal population, the dangers and misconceptions associated with intoxication, the dangers associated with detaining unconscious or semi-rousable persons and the specific action to be taken by officers in relation to those matters which are to be the subject of protocols referred to in Recommendation 127;

Appendix: RCIADIC Recommendations 28 c. In designing and delivering such training programs, custodial authorities should seek the advice and assistance of Aboriginal Health Services and Aboriginal Legal Services; and d. Where a police officer or other person is designated or recognised by a police service as being a person whose work is dedicated wholly or substantially to cell guard duties then such person should receive a more intensive and specialised training than would be appropriate for other officers. (3:245)

RECOMMENDATION 134

That police instructions should require that, at all times, police should interact with detainees in a manner which is both humane and courteous. Police authorities should regard it as a serious breach of discipline for an officer to speak to a detainee in a deliberately hurtful or provocative manner. (3:245)

RECOMMENDATION 135

In no case should a person be transported by police to a watch-house when that person is either unconscious or not easily roused . Such persons must be immediately taken to a hospital or medical practitioner or, if neither is available , to a nurse or other person qualified to assess their health. (3:246)

RECOMMENDATION 136

That a person found to be unconscious or not easily rousable whilst in a watch-house or cell must be immediately conveyed to a hospital, medical practitioner or a nurse. (Where quicker medical aid can be summoned to the watch-house or cell or there are reasons for believing that movement may be dangerous for the health of the detainee, such medical attendance should be sought). (3:246)

RECOMMENDATION 137

That: a. Police instructions and training should require that regular, careful and thorough checks of all detainees in police custody be made; b. During the first two hours of detention, a detainee should be checked at intervals of not greater than fifteen minutes and that thereafter checks should be conducted at intervals of no greater than one hour; c. Notwithstanding the provision of electronic surveillance equipment, the monitoring of such persons in the periods described above should at all times be made in person. Where a detainee is awake, the check should involve conversation with that person. Where the person is sleeping the officer checking should ensure that the person is breathing comfortably and is in a safe posture and otherwise appears not to be at risk. Where there is any reason for the inspecting officer to be concerned about the physical or mental condition of a detainee, that person should be woken and checked; and

Appendix: RCIADIC Recommendations 29 d. Where any detainee has been identified as, or is suspected to be, a prisoner at risk then the prisoner or detainee should be subject to checking which is closer and more frequent than the standard . (3:246)

RECOMMENDATION 138

That police instructions should require the adequate recording , in relevant journals, of observations and information regarding complaints, requests or behaviour relating to mental or physical health, medical attention offered and/or provided to detainees and any other matters relating to the wellbeing of detainees . Instructions should also require the recording of all cell checks conducted , (3:247)

RECOMMENDATION 139

The Commission notes recent moves by Police Services to install TV monitoring devices in police cells. The Commission recommends that: a. The emphasis in any consideration of proper systems for surveillance of those in custody should be on human interaction rather than on high technology. The psychological impact of the use of such equipment on a detainee must be borne in mind, as should its impact on that person 's privacy. It is preferable that police cells be designed to maximise direct visual surveillance . Where such equipment has been installed it should be used only as a monitoring aid and not as a substitute for human interaction between the detainee and his/her custodians; and b. Police instructions specifically direct that, even where electronic monitoring cameras are installed in police cells, personal cell checks be maintained . (3:247)

RECOMMENDATION 140

That as soon as practicable, all cells should be equipped with an alarm or intercom system which gives direct communication to custodians . This should be pursued as a matter of urgency at those police watch-houses where surveillance resources are limited . (3:247)

RECOMMENDATION 141

That no person should be detained in a police cell unless a police officer is in attendance at the watch -house and is able to perform duties of care and supervision of the detainee . Where a person is detained in a police cell and a police officer is not so available then the watch -house should be attended by a person capable of providing care and supervision of persons detained . (3:248)

RECOMMENDATION 142

That the installation and/or use of padded cells in police watch -houses for punitive purposes or for the management of those at risk should be discontinued immediately. (3:248)

Appendix: RCIADIC Recommendations 30 RECOMMENDATION 143

All persons taken into custody , including those persons detained for intoxication , should be provided with a proper meal at regular meal times. The practice operating in some jurisdictions of excluding persons detained for intoxication from being provided with meals should be reviewed as a matter of priority. (3:248)

RECOMMENDATION 144

That in all cases, unless there are substantial grounds for believing that the well-being of the detainee or other persons detained would be prejudiced , an Aboriginal detainee should not be placed alone in a police cell. Wherever possible an Aboriginal detainee should be accommodated with another Aboriginal person . The views of the Aboriginal detainee and such other detainee as may be affected should be sought . Where placement in a cell alone is the only alternative the detainee should thereafter be treated as a person who requires careful surveillance . (3:248)

RECOMMENDATION 145

That: a. In consultation with Aboriginal communities and their organisations, cell visitor schemes (or schemes serving similar purposes) should be introduced to service police watch -houses wherever practicable; b Where such cell visitor schemes do not presently exist and where there is a need or an expressed interest by Aboriginal persons in the creation of such a scheme , government should undertake negotiations with local Aboriginalgroups and organisations towards the establishment of such a scheme . The involvement of the Aboriginal community should be sought in the management and operation of the schemes. Adequate training should be provided to persons participating in such schemes. Governments should ensure that cell visitor schemes receive appropriate funding; c. Where police cell visitor schemes are established it should be made clear to police officers performing duties as custodians of those detained in police cells that the operation of the cell visitor scheme does not lessen, to any degree, the duty of care owed by them to detainees; d. Aboriginal participants in cell visitor schemes should be those nominated or approved by appropriate Aboriginal communities and/or organisations as well as by any other person whose approval is required by local practice. (3:249)

RECOMMENDATION 146

That police should take all reasonable steps to both encourage and facilitate the visits by family and friends of persons detained in police custody. (3:249)

RECOMMENDATION 147

That police instructions should be amended to make it mandatory for police to immediately notify the relatives of a detainee who is regarded as being "at risk", or who has been transferred to hospital . (3:249)

Appendix: RCIADIC Recommendations 31 RECOMMENDATION 148

That whilst there can be little doubt that some police cell accommodation is entirely substandard and must be improved over time, expenditure on positive initiatives to reduce the number of Aboriginal people in custody discussed elsewhere in this report constitutes a more pressing priority as far as resources are concerned. Where cells of a higher standard are available at no great distance, these may be able to be used. More immediate attention must be given to programs diverting people from custody, to the provision of alternative accommodation to police cells for intoxicated persons, to bail procedures and to proceeding by way of summons or caution rather than by way of arrest. All these initiatives will reduce the call on outmoded cells. The highest priority is to reduce the numbers for whom cell accommodation is required. Where, however, it is determined that new cell accommodation must be provided in areas of high Aboriginal population, the views of the local Aboriginal community and organisations should be taken into account in the design of such accommodation. The design or re-design of any police cell should emphasise and facilitate personal interaction between custodial officers and detainees and between detainees and visitors. (3:250)

RECOMMENDATION 149

That Police Services should recognise, by appropriate instructions, the need to permit flexible custody arrangements which enable police to grant greater physical freedoms and practical liberties to Aboriginal detainees. The Commission recommends that the instructions acknowledge the fact that in appropriate circumstances it is consistent with the interest of the public and also the wellbeing of detainees to permit some freedom of movement within or outside the confines of watch-houses. (3:250)

RECOMMENDATION 150

That the health care available to persons in correctional institutions should be of an equivalent standard to that available to the general public. Services provided to inmates of correctional institutions should include medical, dental, mental health, drug and alcohol services provided either within the correctional institution or made available by ready access to community facilities and services. Health services provided within correctional institutions should be adequately resourced and be staffed by appropriately qualified and competent personnel. Such services should be both accessible and appropriate to Aboriginal prisoners. Correctional institutions should provide 24 hour a day access to medical practitioners and nursing staff who are either available on the premises, or on call. (3:278)

RECOMMENDATION 151

That, wherever possible, Aboriginal prisoners or detainees requiring psychiatric assessment or treatment should be referred to a psychiatrist with knowledge and experience of Aboriginal persons. The Commission recognises that there are limited numbers of psychiatrists with such experience. The Commission notes that, in many instances, medical practitioners who are or have been employed by Aboriginal Health Services are not specialists in psychiatry, but have experience and knowledge which would benefit inmates requiring psychiatric assessment or care. (3:278)

Appendix: RCIADIC Recommendations 32 RECOMMENDATION 152

That Corrective Services in conjunction with Aboriginal Health Services and such other bodies as may be appropriate should review the provision of health services to Aboriginal prisoners in correctional institutions and have regard to, and report upon, the following matters together with other matters thought appropriate: a. The standard of general and mental health care available to Aboriginal prisoners in each correctional institution; b. The extent to which services provided are culturally appropriate for and are used by Aboriginal inmates. Particular attention should be given to drug and alcohol treatment, rehabilitative and preventative education and counselling programs for Aboriginal prisoners. Such programs should be provided, where possible, by Aboriginal people; c. The involvement of Aboriginal Health Services in the provision of general and mental health care to Aboriginal prisoners; d. The development of appropriate facilities for the behaviourally disturbed; e. The exchange of relevant information between prison medical staff and external health and medical agencies, including Aboriginal Health Services, as to risk factors in the detention of any Aboriginal inmate, and as to the protection of the rights of privacy and confidentiality of such inmates so far as is consistent with their proper care; f. The establishment of detailed guidelines governing the exchange of information between prison medical staff, corrections officers and corrections administrators with respect to the health and safety of prisoners. Such guidelines must recognise both the rights of prisoners to confidentiality and privacy and the responsibilities of corrections officers for the informed care of prisoners. Such guidelines must also be public and be available to prisoners; and

9. The development of protocols detailing the specific action to be taken by officers with respect to the care and management of:

i. persons identified at the screening assessment on reception as being at risk or requiring any special consideration for whatever reason;

ii. intoxicated or drug affected persons, or persons with drug or alcohol related conditions;

iii. persons who are known to suffer from any serious illnesses or conditions such as epilepsy, diabetes or heart disease;

iv. persons who have made any attempt to harm themselves or who exhibit, or are believed to have exhibited, a tendency to violent, irrational or potentially self-injurious behaviour;

v. apparently angry, aggressive or disturbed persons;

vi. persons suffering from mental illness;

vii. other serious medical conditions;

viii. persons on medication; and

ix. such other persons or situations as agreed. (3:278)

Appendix: RCIADIC Recommendations 33 RECOMMENDATION 153

That:

a. Prison Medical Services should be the subject of ongoing review in the light of experiences in all jurisdictions;

b. The issue of confidentiality between prison medical staff and prisoners should be addressed by the relevant bodies, including prisoner groups; and c. Whatever administrative model for the delivery of prison medical services is adopted, it is essential that medical staff should be responsible to professional medical officers rather than to prison administrators. (3:280)

RECOMMENDATION 154

That: a. All staff of Prison Medical Services should receive training to ensure that they have an understanding and appreciation of those issues which relate to Aboriginal health , including Aboriginal history, culture and life-style so as to assist them in their dealings with Aboriginal people; b. Prison Medical Services consult with Aboriginal Health Services as to the information and training which would be appropriate for staff of Prison Medical Services in their dealings with Aboriginal people; and c. Those agencies responsible for the delivery of health services in correctional institutions should endeavour to employ Aboriginal persons in those services. (3:281)

RECOMMENDATION 155

That recruit and in-service training of prison officers should include information as to the general health status of Aboriginal people and be designed to alert such officers to the foreseeable risk of Aboriginal people in their care suffering from those illnesses and conditions endemic to the Aboriginal population. Officers should also be trained to better enable them to identify persons in distress or at risk of death or harm through illness, injury or self-harm. Such training should also include training in the specific action to be taken in relation to the matters which are to be the subject of protocols referred to in Recommendation 152 (g). (3:281)

RECOMMENDATION 156

That upon initial reception at a prison all Aboriginal prisoners should be subject to a thorough medical assessment with a view to determining whether the prisoner is at risk of injury, illness or self-harm. Such assessment on initial reception should be provided, wherever possible, by a medical practitioner. Where this is not possible, it should be performed within 24 hours by a medical practitioner or trained nurse. Where such assessment is performed by a trained nurse rather than

Appendix: RCIADIC Recommendations 34 a medical practitioner then examination by a medical practitioner should be provided within 72 hours of reception or at such earlier time as is requested by the trained nurse who performed such earlier assessment, or by the prisoner. Where upon assessment by a medical practitioner, trained nurse or such other person as performs an assessment within 72 hours of prisoners' reception it is believed that psychiatric assessment is required then the Prison Medical Service should ensure that the prisoner is examined by a psychiatrist at the earliest possible opportunity. In this case, the matters referred to in Recommendation 151 should be taken into account. (3:281)

RECOMMENDATION 157

That, as part of the assessment procedure outlined in Recommendation 156, efforts must be made by the Prison Medical Service to obtain a comprehensive medical history for the prisoner including medical records from a previous occasion of imprisonment, and where necessary, prior treatment records from hospitals and health services. In order to facilitate this process, procedures should be established to ensure that a prisoner's medical history files accompany the prisoner on transfer to other institutions and upon re-admission and that negotiations are undertaken between prison medical, hospital and health services to establish guidelines for the transfer of such information. (3:282)

RECOMMENDATION 158

That, while recognising the importance of preserving the scene of a death in custody for forensic examination , the first priority for officers finding a person, apparently dead, should be to attempt resuscitation and to seek medical assistance. (3:289)

RECOMMENDATION 159

That all prisons and police watch-houses should have resuscitation equipment of the safest and most effective type readily available in the event of emergency and staff who are trained in the use of such equipment. (3:290)

RECOMMENDATION 160

That: a. All police and prison officers should receive basic training at recruit level in resuscitative measures, including mouth to mouth and cardiac massage, and should be trained to know when it is appropriate to attempt resuscitation; and b. Annual refresher courses in first aid be provided to all prison officers, and to those police officers who routinely have the care of persons in custody. (3:290)

RECOMMENDATION 161

That police and prison officers should be instructed to immediately seek medical attention if any doubt arises as to a detainee's condition, (3:290)

Appendix: RCIADIC Recommendations 35 RECOMMENDATION 162

That governments give careful consideration to laws and standing orders or instructions relating to the circumstances in which police or prison officers may discharge firearms to effect arrests or to prevent escapes or otherwise. All officers who use firearms should be trained in methods of weapons retention that minimise the risk of accidental discharge. (3:290)

RECOMMENDATION 163

That police and prison officers should receive regular training in restraint techniques, including the application of restraint equipment. The Commission further recommends that the training of prison and police officers in the use of restraint techniques should be complemented with training which positively discourages the use of physical restraint methods except in circumstances where the use of force is unavoidable. Restraint aids should only be used as a last resort. (3.291)

RECOMMENDATION 164

The Commission has noted that research has revealed that in a significant number of cases detainees or prisoners who had inflicted self-harm were subsequently charged with an offence arising from the incident. The Commission recommends that great care be exercised in laying any charges arising out of incidents of attempted self-harm and further recommends that no such charges be laid, at all, where self-harm' actually results from the action of the prisoner or detainee (subject to a possible exception where there is clear evidence that the harm was occasioned for the purpose of gaining some secondary advantage). (3:291)

RECOMMENDATION 165

The Commission notes that prisons and police stations may contain equipment which is essential for the provision of services within the institution but which may also be capable, if misused, of causing harm or self-harm to a prisoner or detainee. The Commission notes that in one case death resulted from the inhalation of fumes from a fire extinguisher. Whilst recognising the difficulties of eliminating all such items which may be potentially dangerous the Commission recommends that Police and Corrective Services authorities should carefully scrutinise equipment and facilities provided at institutions with a view to eliminating and/or reducing the potential for harm. Similarly, steps should be taken to screen hanging points in police and prison cells. (3:291)

RECOMMENDATION 166

That machinery should be put in place for the exchange, between Police and Corrective Services authorities, of information relating to the care of prisoners. (3:291)

RECOMMENDATION 167

That the practices and procedures operating in juvenile detention centres be reviewed in light of the principles underlying the recommendations relating to police and prison custody in this report, with a view to ensuring that no lesser standards of care are applied in such centres. (3:292)

Appendix: RCIADIC Recommendations 36 THE PRISON EXPERIENCE (8.168-187)

RECOMMENDATION 168

That Corrective Services effect the placement and transfer of Aboriginal prisoners according to the principle that, where possible, an Aboriginal prisoner should be placed in an institution as close as possible to the place of residence of his or her family. Where an Aboriginal prisoner is subject to a transfer to an institution further away from his or her family the prisoner should be given the right to appeal that decision. (3:310)

RECOMMENDATION 169

That where it is found to be impossible to place a prisoner in the prison nearest to his or her family sympathetic consideration should be given to providing financial assistance to the family, to visit the prisoner from time to time. (3:312)

RECOMMENDATION 170

That all correctional institutions should have adequate facilities for the conduct of visits by friends and family. Such facilities should enable prisoners to enjoy visits in relative privacy and should provide facilities for children that enable relatively normal family interaction to occur. The intervention of correctional officers in the conduct of such visits should be minimal, although these visits should be subject to adequate security arrangements. (3:312)

RECOMMENDATION 171

That Corrective Services give recognition to the special kinship and family obligations of Aboriginal prisoners which extend beyond the immediate family and give favourable consideration to requests for permission to attend funeral services and burials and other occasions of very special family significance. (3:313)

RECOMMENDATION 172

That Aboriginal prisoners should be entitled to receive periodic visits from representatives of Aboriginal organisations, including Aboriginal Legal Services. (3:314)

RECOMMENDATION 173

That initiatives directed to providing a more humane environment through introducing shared accommodation facilities for community living, and other means should be supported, and pursued in accordance with experience and subject to security requirements. (3:316)

Appendix: RCIADIC Recommendations 37 RECOMMENDATION 174

That all Corrective Services authorities employ Aboriginal Welfare Officers to assist Aboriginal prisoners, not only with respect to any problems they might be experiencing inside the institution but also in respect of welfare matters extending outside the institution, and that such an officer be located at or frequently visit each institution with a significant Aboriginal population. (3:318)

RECOMMENDATION 175

That consideration be given to the principle involved in the submission made by the Western Australian Prison Officers' Union that there be a short transition period in a custodial setting for prisoners prior to them entering prison routine. (3:318)

RECOMMENDATION 176

That consideration should be given to the establishment in respect of each prison within a State or Territory of a Complaints Officer whose function is:

a. To attend at the prison at regular (perhaps weekly) intervals or on special request for the purpose of receiving from any prisoner any complaint concerning any matter internal to the institution, which complaint shall be lodged in person by the complainant;

b. To take such action as the officer thinks appropriate in the circumstances;

c. To require any person to make inquiries and report to the officer;

d. To attempt to settle the complaint;

e. To reach a finding (if possible) on the substance of the complaint and to recommend what action if any, should be taken arising out of the complaint; and

f. To report to the complainant, the senior officer of the prison and the appointing Minister (see below) the terms of the complaint, the action taken and the findings made.

This person should be appointed by, be responsible to and report to the Ombudsman, Attorney-General or Minister for Justice. Complaints receivable by this person should include, without in any way limiting the scope of complaints, a complaint from an earlier complainant that he or she has suffered some disadvantage as a consequence of such earlier complaint. (3:321)

RECOMMENDATION 177

That appropriate screening procedures should be implemented to ensure that potential officers who will have contact with Aboriginal people in their duties are not recruited or retained by police and prison departments whilst holding racist views which cannot be eliminated by training or re-training programs. In addition Corrective Services authorities should ensure that all correctional officers receive cross-cultural education and an understanding of Aboriginal - non-Aboriginal relations in the past and the present. Where possible, that aspect of training should be conducted by Aboriginal people (including Aboriginal ex-prisoners). Such training should be aimed at enhancing the correctional officers' skills in cross-cultural communication with and relating to Aboriginal prisoners. (3:327)

Appendix: RCIADIC Recommendations 38 RECOMMENDATION 178

That Corrective Services make efforts to recruit Aboriginal staff not only as correctional officers but to all employment classifications within Corrective Services. (3:329)

RECOMMENDATION 179

That procedures whereby a prisoner appears before an officer for the purpose of making a request, or for the purpose of taking up any matter which can appropriately be taken up by the prisoner before that officer, should be made as simple as possible and that the necessary arrangements should be made as quickly as possible under the circumstances. (3:331)

RECOMMENDATION 180

That where a prisoner is charged with an offence which will be dealt with by a Visiting Justice , that Justice should be a Magistrate . A charge involving the possibility of affecting the period of imprisonment should always be dealt with in this way. All charges of offences against the general law should be heard in public courts . (3:333)

RECOMMENDATION 181

That Corrective Services should recognise that it is undesirable in the highest degree that an Aboriginal prisoner should be placed in segregation or isolated detention. In any event, Corrective Services authorities should provide certain minimum standards for segregation including fresh air, lighting, daily exercise, adequate clothing and heating, adequate food, water and sanitation facilities and some access to visitors. (3:334)

RECOMMENDATION 182

That instructions should require that, at all times, correctional officers should interact with prisoners in a manner which is both humane and courteous. Corrective Services authorities should regard it as a serious breach of discipline for an officer to speak to a prisoner in a deliberately hurtful or provocative manner. (3:335)

RECOMMENDATION 183

That Corrective Services authorities should make a formal commitment to allow Aboriginal prisoners to establish and maintain Aboriginal support groups within institutions. Such Aboriginal prisoner support groups should be permitted to hold regular meetings in institutions, liaise with Aboriginal service organisations outside the institution and should receive a modest amount of administrative assistance for the production of group materials and services. Corrective service authorities should negotiate with such groups for the provision of educational and cultural services to Aboriginal prisoners and favourably consider the formal recognition of such bodies as capable of representing the interests and viewpoints of Aboriginal prisoners. (3:338)

Appendix: RCIADIC Recommendations 39 RECOMMENDATION 184

That Corrective Services authorities ensure that all Aboriginal prisoners in all institutions have the opportunity to perform meaningful work and to undertake educational courses in self-development, skills acquisition, vocational education and training including education in Aboriginal history and culture. Where appropriate special consideration should be given to appropriate teaching methods and learning dispositions of Aboriginal prisoners. (3:353)

RECOMMENDATION 185

That the Department of Education, Employment and Training be responsible for the development of a comprehensive national strategy designed to improve the opportunities for the education and training of those in custody. This should be done in co-operation with state Corrective Services authorities, adult education providers (including in particular independent Aboriginal-controlled providers) and State Departments of employment and education. The aim of the strategy should be to extend the aims of the Aboriginal Education Policy and the Aboriginal Employment Development Policy to Aboriginal prisoners, and to develop suitable mechanisms for the delivery of education and training programs to prisoners. (3:353)

RECOMMENDATION 186

That prisoners, including Aboriginal prisoners, should receive remuneration for work performed. In order to encourage Aboriginal prisoners to overcome the educational disadvantage, which most Aboriginal people presently suffer, Aboriginal prisoners who pursue education or training courses during the hours when other prisoners are involved in remunerated work should receive the same level of remuneration. (This recommendation is not intended to apply to study undertaken outside the normal hours of work of prisoners.) (3:357)

RECOMMENDATION 187

That experiences in and the results of community corrections rather than institutional custodial corrections should be closely studied by Corrective Services and that the greater involvement of communities and Aboriginal organisations in correctional processes be supported. (3:358)

THE PATH TO SELF DETERMINATION ( 8.188®204)

RECOMMENDATION 188

That governments negotiate with appropriate Aboriginal 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 or program or the substantial modification of any policy or program which will particularly affect Aboriginal people. (4:7)

Appendix: RCIADIC Recommendations 40 RECOMMENDATION 189

That the Commonwealth Government give consideration to constituting ATSIC as an employing authority independent of the Australian Public Service. (4:12)

RECOMMENDATION 190

That the Commonwealth Government, in conjunction with the State and Territory Governments, develop proposals for implementing a system of block grant funding of Aboriginal communities and organisations and also implement a system whereby Aboriginal communities and organisations are provided with a minimum level of funding on a triennial basis. (4:21)

RECOMMENDATION 191

That the Commonwealth Government, in conjunction with the State and Territory Governments, develop means by which all sources of funds provided for or identified as being available to Aboriginal communities or organisations wherever possible be allocated through a single source with one set of audit and financial requirements but with the maximum devolution of power to the communities and organisations to determine the priorities for the allocation of such funds. (4:21)

RECOMMENDATION 192

That in the implementation of any policy or program which will particularly affect Aboriginal people the delivery of the program should, as a matter of preference, be made by such Aboriginal organisations as are appropriate to deliver services pursuant to the policy or program on a contractual basis. Where no appropriate Aboriginal organisation is available to provide such service then any agency of government delivering the service should, in consultation with appropriate Aboriginal organisations and communities, ensure that the processes to be adopted by the agency in the delivery of services are appropriate to the needs of the Aboriginal people and communities receiving such services. Particular emphasis should be given to the employment of Aboriginal people by the agency in the delivery of such services and in the design and management of the process adopted by the agency. (4:28)

RECOMMENDATION 193

That the Commonwealth Government, in negotiation with appropriate Aboriginal organisations, devise a procedure which will enable Aboriginal communities and organisations to properly account to government for funding but which will be least onerous and as convenient and simple as possible for the Aboriginal organisations and communities to operate. The Commission further recommends that State and Territory Governments adopt the same procedure, once agreed, and with as few modifications as may be essential for implementation, in programs funded by those governments. (4:29)

RECOMMENDATION 194

That Commonwealth, State and Territory Governments, in negotiation with appropriate Aboriginal communities and organisations, agree upon appropriate performance indicators for programs relevant to Aboriginal communities and organisations. The Commission further recommends that governments fund Aboriginal organisations and communities to enable the appropriate level of infrastructure and training as is required to develop, apply and monitor performance indicators, (4:29)

Appendix: RCIADIC Recommendations 41 RECOMMENDATION 195

That, subject to appropriate provision to ensure accountability to government for funds received, payments by government to Aboriginal organisations and communities be made on the basis of triennial rather than annual or quarterly funding. (4:30)

RECOMMENDATION 196

That whilst governments are entitled to require a proper system for accounting of funds provided to Aboriginal organisations and communities, those organisations and communities are equally entitled to receive a full explanation of the funding processes which are adopted by governments. The Commission recommends that governments ensure that Aboriginal communities and organisations are given prompt advice, in writing and in plain English or, where appropriate, in Aboriginal languages, as to decisions concerning funding applications and as to financial and other matters relevant to the assessment of applications for funding made by those organisations and communities so as to enable those organisations and communities to make appropriate planning decisions. (4:30)

RECOMMENDATION 197

That ATSIC Councillors and Commissioners at an early stage be encouraged to consult with Aboriginal organisations and communities to develop a program for training staff of Aboriginal organisations and communities in appropriate management and accounting procedures to ensure the efficiency and integrity of the organisations which are culturally appropriate. In particular, there should be a commitment to devising management procedures which provide rules for the relationship, obligations and rights , both individually and as between each other, of directors , managers and staff of Aboriginal organisations. (4:30)

RECOMMENDATION 198

That governments commit themselves to achieving the objective that Aboriginal people are not discriminated against in the delivery of essential services and, in particular, are not disadvantaged by the fact that the low levels of income received by Aboriginal people reduce their ability to contribute to the provision of such services to the same extent as would be possible by non-Aboriginal Australians living in similar circumstances and locations. (4:38)

RECOMMENDATION 199

That governments recognise that a variety of organisational structures have developed or been adapted by Aboriginal people to deliver services, including local government type services to Aboriginal communities. These structures include community councils recognised as local government authorities, outstation resource centres, Aboriginal land councils and co-operatives and other bodies incorporated under Commonwealth, State and Territory legislation as councils or associations. Organisational structures which have received acceptance within an Aboriginal community are particularly important, not only because they deliver services in a manner which makes them accountable to the Aboriginal communities concerned but also because acceptance of the role of such organisations recognises the principle of Aboriginal self-determination. The Commission recommends that government should recognise such diversity in organisational structures and that funding for the delivery of services should not be dependent upon the structure of organisation which is adopted by Aboriginal communities for the delivery of such services. (4:38)

Appendix: RCIADIC Recommendations 42 RECOMMENDATION 200

That the Commonwealth Government negotiate with State and Territory Governments to ensure that where funds for local government purposes are supplied to local government authorities on a basis which has regard to the population of Aboriginal people within the boundaries of a local government authority, equitable distribution of those funds is made between Aboriginal and non-Aboriginal residents in those local government areas. The Commission further recommends that where it is demonstrated that equitable distribution has not been provided that local government funds should be withheld until it can be assured that equitable distribution will occur. (4:38)

RECOMMENDATION 201

The Commission has observed the operations of the Tangentyere Council in Alice Springs and the co-operative relationship established with the Alice Springs Town Council. It is imperative that the Tangentyere Council be provided with stable and adequate funding to enable it to continue and to enhance its provision of services and that governments , local government authorities, Aboriginal organisations and communities consider the adoption of similar models for local governance modified according to the desires of particular communities. (4:39)

RECOMMENDATION 202

That where such courses are not already available, suitable training courses to provide necessary administrative, political and management skills should be available for persons elected to regional councils of ATSIC, elected to, appointed to, or engaged in Aboriginal organisations involved in the delivery of services to Aboriginal people and other Aboriginal community organisations. The content of such training courses should be negotiated between appropriate education providers (including Aboriginal education providers) other appropriate Aboriginal organisations and government. Such courses should be funded by government and persons undertaking such courses should be eligible for such financial assistance in the course of studies as would be available under ABSTUDY guidelines. (4:41)

RECOMMENDATION 203

That the highest priority be accorded to the facilitation of social, economic and cultural development plans by Aboriginal communities, and on a regional basis, as a basis for future planning of: a. Economic development goals; b. Training, employment and enterprise projects; c. CDEP schemes; d. The provision of services and infrastructure; and e. Such other social and cultural needs as are identified. (4:44)

Appendix: RCIADIC Recommendations 43 RECOMMENDATION 204

The preparation of community development plans should be a participative process involving all members of the community, and should draw upon the knowledge and expertise of a wide range of professionals as well as upon the views and aspirations of Aboriginal people in the local area. It is critical that the processes by which plans are developed are culturally sensitive, unhurried and holistic in approach, and that adequate information on the following matters is made available to participants:

a. The range of Aboriginal needs and aspirations;

b. The opportunities created by government policies or programs;

C. The opportunities and constraints in the local economy; and

d. The political opportunities to influence the local arena . (4:44)

RELATIONS BETWEEN ABORIGINAL AND NON-ABORIGINAL PEOPLE (R .205-213)

RECOMMENDATION 205

That:

a. Aboriginal media organisations should receive adequate funding , where necessary, in recognition of the importance of their function; and b. All media organisations should be encouraged to develop codes and policies relating to the presentation of Aboriginal issues, the establishment of monitoring bodies, and the putting into place of training and employment programs for Aboriginal employees in all classifications. (4:59)

RECOMMENDATION 206 That the media industry and media unions be requested to consider the establishment of and support of an annual award or awards for excellence in Aboriginal affairs reporting to be judged by a panel of media , union and Aboriginal representatives. (4:59)

RECOMMENDATION 207

That institutions providing journalism courses be requested to: a. Ensure that courses contain a significant component relating to Aboriginal affairs thereby reflecting the social context in which journalists work; and b. Consider, in consultation with media industry and media unions, the creation of specific units of study dedicated to Aboriginal affairs and the reporting thereof, (4:59)

Appendix: RCIADIC Recommendations 44 RECOMMENDATION 208

That, in view of the fact that many Aboriginal people throughout Australia express disappointment in the portrayal of Aboriginal people by the media , the media industry and media unions should encourage formal and informal contact with Aboriginal organisations , including Aboriginal media organisations where available . The purpose of such contact should be the creation of a better understanding , on all sides, of issues relating to media treatment of Aboriginal affairs . (4:59)

RECOMMENDATION 209

That continuing support should be given to Aboriginal organisations such as the Aboriginal Arts Board in their endeavours to protect the interests of Aboriginal artists and to ensure the continuing expansion of the production and marketing of Aboriginal art and craft work. (4:60)

RECOMMENDATION 210

That: a. All employees of government departments and agencies who will live or work in areas with significant Aboriginal population and whose work involves the delivery of services to Aboriginal people be trained to understand and appreciate the traditions and culture of contemporary Aboriginal society; b. Such training programs should be developed in negotiation with local Aboriginal communities and organisations; and c. Such training should , wherever possible, be provided by Aboriginal adult education providers with appropriate input from local communities . (4:61)

RECOMMENDATION 211

That the Human Rights and Equal Opportunity Commission and State Equal Opportunity Commissions should be encouraged to further pursue their programs designed to inform the Aboriginal community regarding anti-discrimination legislation , particularly by way of Aboriginal staff members attending at communities and organisations to ensure the effective dissemination of information as to the legislation and ways and means of taking advantage of it. (4:69)

RECOMMENDATION 212

That the Human Rights and Equal Opportunity Commission and State Equal Opportunity Commissions should be encouraged to consult with appropriate Aboriginal organisations and Aboriginal Legal Services with a view to developing strategies to encourage and enable Aboriginal people to utilise anti-discrimination mechanisms more effectively, particularly in the area of indirect discrimination and representative actions . (4:69)

Appendix: RCIADIC Recommendations 45 RECOMMENDATION 213

That governments which have not already done so legislate to proscribe racial vilification and to provide a conciliation mechanism for dealing with complaints of racial vilification. The penalties for racial vilification should not involve criminal sanctions. In addition to enabling individuals to lodge complaints , the legislation should empower organisations which can demonstrate a special interest in opposing racial vilification to complain on behalf of any individual or group represented by that organisation . (4:75)

ABORIGINAL PEOPLE AND THE POLICE (R.214-®233)

RECOMMENDATION 214

The emphasis on the concept of community policing by Police Services in Australia is supported and greater emphasis should be placed on the involvement of Aboriginal communities, organisations and groups in devising appropriate procedures for the sensitive policing of public and private locations where it is known that substantial numbers of Aboriginal people gather or live. (4:85)

RECOMMENDATION 215

That Police Services introduce procedures, in consultation with appropriate Aboriginal organisations, whereby negotiation will take place at the local level between Aboriginal communities and police concerning police activities affecting such communities , including: a. The methods of policing used, with particular reference to police conduct perceived by the Aboriginal community as harassment or discrimination; b. Any problems perceived by Aboriginal people; and c. Any problems perceived by police.

Such negotiations must be with representative community organisations, not Aboriginal people selected by police, and must be frank and open , and with a willingness to discuss issues notwithstanding the absence of formal complaints . (4:85)

RECOMMENDATION 216

That the Northern Territory Department of Correctional Services should, at the conclusion of the review of the Aboriginal Community Justice Project, establish regular meetings with Magistrates to monitor the effective operation of the program and establish a mechanism to ensure that the views of the Aboriginal communities in which the program operates are considered in the context of these meetings . (4:97)

RECOMMENDATION 217

That the review of the Aboriginal Community Justice Project should undertake a detailed consideration of the resources required by the Project to operate effectively. Consideration should be given to the creation of specific liaison officer positions employing Aboriginal people to facilitate communications between the court and the community . (4:97)

Appendix: RCIADIC Recommendations 46 RECOMMENDATION 218

That in reviewing the Aboriginal Community Justice Project the Northern Territory Department of Correctional Services should undertake extensive consultations with all Aboriginal communities which wish to participate in the program. In pursuing this consultation , care should be given to canvassing the entire range of community opinions and the means by which these may be brought , in any relevant case, to the Court's attention. (4:97)

RECOMMENDATION 219

The Australian Law Reform Commission's Report on the Recognition of Aboriginal Customary Law was a significant, well-researched study. The Royal Commission received requests from Aboriginal people through the Aboriginal Issues Units regarding the progress in implementation of the recommendations made by the Australian Law Reform Commission and in some cases from communities which had made proposals to the Law Reform Commission. This Commission urges government to report as to the progress in dealing with this Law Reform Report. (4:102)

RECOMMENDATION 220

That organisations such as Julalikari Council in Tennant Creek in the Northern Territory and the Community Justice Panels at Echuca and elsewhere in Victoria, and others which are actively involved in providing voluntary support for community policing and community justice programs, be provided with adequate and ongoing funding by governments to ensure the success of such programs. Although regional and local factors may dictate different approaches, these schemes should be examined with a view to introducing similar schemes into Aboriginal communities that are willing to operate them because they have the potential to improve policing and to improve relations between police and Aboriginal people rapidly and to substantially lower crime rates. (4:108)

RECOMMENDATION 221

That Aboriginal people who are involved in community and police initiated schemes such as those referred to in Recommendation 220 should receive adequate remuneration in keeping with their important contribution to the administration of justice. Funding for the payment of these people should be from allocations to expenditure on justice matters, not from the Aboriginal affairs budget. (4:109)

RECOMMENDATION 222

That the National Police Research Unit make a particular study of efforts currently being made by Police Services to improve relations between police and Aboriginal people with a view to disseminating relevant information to Police Services and Aboriginal communities and organisations, as to appropriate initiatives which might be adopted. (4:109)

Appendix: RCIADIC Recommendations 47 RECOMMENDATION 223

That Police Services, Aboriginal Legal Services and relevant Aboriginal organisations at a local level should consider agreeing upon a protocol setting out the procedures and rules which should govern areas of interaction between police and Aboriginal people. Protocols, among other matters, should address questions of.

a. Notification of the Aboriginal Legal Service when Aboriginal people are arrested or detained;

b. The circumstances in which Aboriginal people are taken into protective custody by virtue of intoxication;

c. Concerns of the local community about local policing and other matters; and d. Processes which might be adopted to enable discrete Aboriginal communities to participate in decisions as to the placement and conduct of police officers on their communities. (4:111)

RECOMMENDATION 224

That pending the negotiation of protocols referred to in Recommendation 223, in jurisdictions where legislation , standing orders or instructions do not already so provide , appropriate steps be taken to make it mandatory for Aboriginal Legal Services to be notified upon the arrest or detention of any Aboriginal person other than such arrests or detentions for which it is agreed between the Aboriginal Legal Services and the Police Services that notification is not required . (4:111)

RECOMMENDATION 225

That Police Services should consider setting up policy and development units within their structures to deal with developing policies and programs that relate to Aboriginal people. Each such unit should be headed by a competent Aboriginal person, not necessarily a police officer, and should seek to encourage Aboriginal employment within the Unit. Each unit should have full access to senior management of the service and report directly to the Commissioner or his or her delegate. (4:123)

RECOMMENDATION 226

That in all jurisdictions the processes for dealing with complaints against police need to be urgently reviewed. The Commission recommends that legislation should be based on the following principles: a. That complaints against police should be made to, be investigated by or on behalf of and adjudicated upon by a body or bodies totally independent of Police Services; b. That the name of a complainant should remain confidential (except where its disclosure is warranted in the interests of justice), and it should be a serious offence for a police officer to take any action against or detrimental to the interest of a person by reason of that person having made a complaint; c. That where it is decided by the independent authority to hold a formal hearing of a complaint, that hearing should be in public; d. That the complaints body report annually to Parliament;

Appendix: RCIADIC Recommendations 48 e. That in the adjudication of complaints made by or on behalf of Aboriginal persons one member of the review or adjudication panel should be an Aboriginal person nominated by an appropriate Aboriginal organisation (s) in the State or Territory in which the complaint arose . The panel should also contain a person nominated by the Police Union or similar body; f. That there be no financial cost imposed upon a complainant in the making of a complaint or in the hearing of the complaint;

9. That Aboriginal Legal Services be funded to ensure that legal assistance , if required , is available to any Aboriginal complainant; h. That the complaints body take all reasonable steps to employ members of the Aboriginal community on the staff of the body; i. That the investigation of complaints should be undertaken either by appropriately qualified staff employed by the authority itself, or by police officers who are, for the purpose of and for the duration of the investigation, under the direction of and answerable to, the head of the independent authority; j. That in the course of investigations into complaints , police officers should be legislatively required to answer questions put to them by the head of the independent authority or any person acting on her/his behalf but subject to further legislative provisions that any statements made by a police officer in such circumstances may not be used against him/her in other disciplinary proceedings; and k. That legislation ensure that the complaints body has access to such files , documents and information from the Police Services as is required for the purpose of investigating any complaint . (4:131)

RECOMMENDATION 227

That the Northern Territory Police Service School-based Program be studied by other Police Services and that the progress and results of the program should be monitored by those services . (4:137)

RECOMMENDATION 228

That police training courses be reviewed to ensure that a substantial component of training both for recruits and as in-service training relates to interaction between police and Aboriginal people. It is important that police training provide practical advice as to the conduct which is appropriate for such interactions. Furthermore, such training should incorporate information as to: a. The social and historical factors which have contributed to the disadvantaged position in society of many Aboriginal people; b. The social and historical factors which explain the nature of contemporary Aboriginal and non -Aboriginal relations in society today; and c. The history of Aboriginal police relations and the role of police as enforcement agents of previous policies of expropriation , protection, and assimilation. (4:150)

Appendix: RCIADIC Recommendations 49 RECOMMENDATION 229

That all Police Services pursue an active policy of recruiting Aboriginal people into their services, in particular recruiting Aboriginal women. Where possible Aboriginal recruits should be taken in groups. (4:152)

RECOMMENDATION 230

That where Aboriginal applicants wish to join a service who appear otherwise to be suitable but whose general standard of education is insufficient, means should be available to allow those persons to undertake a bridging course before entering upon the specific police training. (4:152)

RECOMMENDATION 231

That different jurisdictions pursue their chosen initiatives for improving relations between police and Aboriginal people in the form of police aides, police liaison officers and in other ways; experimenting and adjusting in the light of the experience of other services and applying what seems to work best in particular circumstances. (4:152)

RECOMMENDATION 232

That the question of Community Police in Queensland and the powers and responsibilities of Community Councils in relation to them be urgently reviewed. (4:161)

RECOMMENDATION 233

That the question of Aboriginal police aides in Western Australia be given urgent consideration in light of recent developments, including the Police Aides Review (1987), the development of programs for police aides in other jurisdictions and the investigations into the work of police aides reported in the report of Commissioner Dodson and in this National Report and the recommendations of this report. In the consideration of Aboriginal police aides special attention should be given to the wisdom of police aides being engaged to work in communities other than those from which they were recruited. (4:161)

BREAKING THE CYCLE: ABORIGINAL YOUTH (R.234-245)

RECOMMENDATION 234

That Aboriginal Legal Services throughout Australia be funded to such extent as will enable an adequate level of legal representation and advice to Aboriginal juveniles . (4:177)

RECOMMENDATION 235

That policies of government and the practices of agencies which have involvement with Aboriginal juveniles in the welfare and criminal justice systems should recognise and be committed to ensuring , through legislative enactment, that the primary sources of advice about the interests and welfare of Aboriginal juveniles should be the families and community groups of the juveniles and specialist Aboriginal organisations, including Aboriginal Child Care Agencies . (4:177)

Appendix: RCIADIC Recommendations 5 0 RECOMMENDATION 236

That in the process of negotiating with Aboriginal communities and organisations in the devising of Aboriginal youth programs governments should recognise that local community-based and devised strategies have the greatest prospect of success and this recognition should be reflected in funding . (4:177)

RECOMMENDATION 237

That at all levels of the juvenile welfare and justice systems there is a need for the employment and training of Aboriginal people as youth workers in roles such as recreation officers, welfare officers , counsellors, probation and parole officers, and street workers in both government and community organisations . Governments, after consultation with appropriate Aboriginal organisations , should increase funding in this area and pursue a more vigorous recruitment and training strategy. (4:177)

RECOMMENDATION 238

That once programs and strategies for youth have been devised and agreed , after negotiation between governments and appropriate Aboriginal organisations and communities, governments should provide resources for the employment and training of appropriate persons to ensure that the programs and strategies are successfully implemented at a local level. In making appointment of trainers preference should be given to Aboriginal people with a proven record of being able to relate to, and influence, young people even though such candidates may not have academic qualifications . (4:178)

RECOMMENDATION 239

That governments should review relevant legislation and police standing orders so as to ensure that police officers do not exercise their powers of arrest in relation to Aboriginal juveniles rather than proceed by way of formal or informal caution or service of an attendance notice or summons unless there are reasonable grounds for believing that such action is necessary. The test whether arrest is necessary should , in general, be more stringent than that imposed in relation to adults. The general rule should be that if the offence alleged to have been committed is not grave and if the indications are that the juvenile is unlikely to repeat the offence or commit other offences at that time then arrest should not be effected . (4:183)

RECOMMENDATION 240

That: a. Police administrators give police officers greater encouragement to proceed by way of caution rather than by arrest, summons or attendance notice; b. That wherever possible the police caution be given in the presence of a parent , adult relative or person having care and responsibility for the juvenile; and

Appendix : RCIADIC Recommendations 51 c. That if a police caution is given other than in the presence of any such person having care and responsibility for the juvenile such person be notified in writing of the fact and details of the caution administered . (4:184)

RECOMMENDATION 241

The Commission notes that in some jurisdictions (in particular South Australia and Western Australia) Children's Aid Panels or Screening Panels apply. These panels provide an option lying between police cautions, on the one hand, and appearances in children's courts, on the other hand. The Commission is unable to recommend that such panels be established in places where they do not presently exist, nor that panels be abolished in places where they do exist. The Commission, however, draws attention to evidence suggesting that the potential benefits which may flow from the provision of such panels are not fully realised in the case of Aboriginal juveniles. The Commission draws attention to the desirability of studies being done on a wide scale to determine the efficacy of such initiatives. The Commission recommends that for South Australia and Western Australia the following matters should be made clear by legislation, standing orders or administrative directions so as to provide:

a. That the fact of arrest is not to be taken into account in determining whether a child is referred to a Children's Court as opposed to being referred to an alternative body such as a Children's Aid Panel; b. That the decision to proceed by way of summons or attendance notice rather than by cautioning a juvenile should not be influenced by the existence of such panels; c. That there should be adequate representation of Aboriginal people on the list of panel members; d. That the panels should be so constituted that there be adequate representation of Aboriginal members of the panel on any occasion in which an Aboriginal juvenile's case is being considered; e. That in no case should there be consideration of the case of an Aboriginal juvenile unless one member, at least, of the panel is an Aboriginal person; and f. That an Aboriginal juvenile should not be denied consideration by a Children's Aid Panel by virtue of the juvenile's inability, on financial grounds, to make restitution for property lost, stolen or damaged. (4:184)

RECOMMENDATION 242

That, except in exceptional circumstances, juveniles should not be detained in police lockups. In order to avoid such an outcome in places where alternative juvenile detention facilities do not exist, the following administrative and, where necessary, legislative steps should be taken: a. Police officers in charge of lockups should be instructed that consideration of bail in such cases be expedited as a matter of urgency; b. If the juvenile is not released as a result of a grant of bail by a police officer or Justice of the Peace then the question of bail should be immediately referred (telephone referral being permitted) to a magistrate, clerk of Court or such other person as shall be given appropriate jurisdiction so that bail can be reconsidered;

Appendix: RCIADIC Recommendations 52 c. Government should approve informal juvenile holding homes, particularly the homes of Aboriginal people, in which juveniles can lawfully be placed by police officers if bail is in fact not allowed; and d. If in the event a juvenile is detained overnight in a police lock-up every effort should be made to arrange for a parent or visitor to attend and remain with the juvenile whether pursuant to the terms of a formal cell visitor scheme or otherwise.

Such steps should be in addition to notice that the officer in charge of the station should give to parents, the Aboriginal Legal Service or its representative. (4:202)

RECOMMENDATION 243

That where an Aboriginal juvenile is taken to a police station for interrogation or as a result of arrest, the officer in charge of the police station at which the juvenile is detained should be required to immediately advise the relevant Aboriginal Legal Service and the parent or person responsible for the care and supervision of the juvenile of the fact of the child being detained at the police station (without prejudice to any obligation to advise any other person). (4:203)

RECOMMENDATION 244

That no Aboriginal juvenile should be interrogated by a police officer except in the presence of a parent, other person responsible for the care and supervision of the child or, in the absence of a parent or such other person, an officer of an agency or organisation charged with responsibility for the care and welfare of Aboriginal Juveniles. (4:203)

RECOMMENDATION 245

That legislation , regulations and/or police standing orders, as may be appropriate , be amended so as to require compliance with the above recommendations. (4:205)

TOWARDS BETTER HEALTH (8.246®271)

RECOMMENDATION 246

That the State, Territory and Commonwealth Governments act to put an end to the situation where insufficient accurate and comprehensive information on inputs to and activities of Aboriginal health programs is available. Such information is needed if Aboriginal organisations, governments and the community are to be in a position to understand and monitor what is taking place in this area, to estimate the benefits derived therefrom and to develop appropriate policies and programs to address existing and newly emerging needs. (4:227)

Appendix: RCIADIC Recommendations 53 RECOMMENDATION 247

That more and/or better quality training be provided in a range of areas taking note of the following:

a. Many non-Aboriginal health professionals at all levels are poorly informed about Aboriginal people, their cultural differences, their specific socio-economic circumstances and their history within Australian society. The managers of health care services should be aware of this and institute specific training programs to remedy this deficiency, including by pre-service and in-service training of doctors, nurses and other health professionals, especially in areas where Aboriginal people are concentrated;

b. The rotation of staff through country hospitals means that many professional staff are ill-prepared to provide appropriate health care services to Aboriginal people. Staff on such rotations should receive special training for their rural placements, and resources to make this possible should routinely be provided as part of the operating budgets of the relevant facilities;

c. The primary health care approach to health development is highly appropriate in the Aboriginal health field, but health professionals are not well trained in this area. The pre-service and in-service training of doctors, nurses and other health professionals should provide such staff with a firm understanding of and commitment to primary health care.This should be a special feature of the training of staff interested in working in localities where Aboriginal people are concentrated; d. Health care staff working in areas where Aboriginal people are concentrated should receive specific orientation training covering both the socio-cultural aspects of the Aboriginal communities they are likely to be serving and the types of medical and health conditions likely to be encountered in a particular locality. Such orientation programs must be complemented by appropriate on-the-job training; e. Effective communication between non-Aboriginal health professionals and patients in mainstream services is essential for the successful management of the patients ' health problems. Non-Aboriginal staff should receive special training to sensitise them to the communication barriers most likely to interfere with the optimal health professional/patient relationship; and f. Aboriginal people often present to mainstream health care facilities with unusual health conditions and unusual presentations of common conditions , as well as urgent, life-threatening conditions . The training of health professionals must enable them to cope successfully with these conditions. (4:257)

RECOMMENDATION 248

That health departments, academic institutions and other relevant training authorities monitor the proposed Monash University/ Victorian Aboriginal Health Services Aboriginal Primary Health Care Unit, with a view to learning from its experiences and that those interested in this field study the philosophies and methods of operation of the Aboriginal community-controlled health services. (4:258)

RECOMMENDATION 249

That the non-Aboriginal health professionals who have to serve Aboriginal people who have limited skills in communicating with them in the English language should have access to skilled interpreters. (4:259)

Appendix: RCIADIC Recommendations 54 RECOMMENDATION 250

That effective mechanisms be established for communicating vital information about patients, between the mainstream and Aboriginal community-based health care services. This must be done in an ethical manner, preserving the confidentiality of personal information and with the informed consent of the patients involved. Such communication should be a two-way process. (4:259)

RECOMMENDATION 251

That access to health care services and facilities, including specialised diagnostic facilities, in areas of Aboriginal population should be brought up to community standards. The greater needs, for the time being, of Aboriginal people should be fully recognised by the responsible authorities in their consideration of the allocation of staff and equipment. (4:259)

RECOMMENDATION 252

That hospitals that are regularly attended by Aboriginal people should review existing procedures in casualty, in consultation with Aboriginal Health and Medical Services, to reduce the likelihood of Aboriginal patients receiving ineffective diagnosis and treatment. The usefulness of standard protocols in such situations should be explored in the reviews. (4:259)

RECOMMENDATION 253

That the physical design of and methods of operating health care facilities be attuned to the needs of the intended patients. Particularly where high concentrations of Aboriginal people are found, their special needs in these regards should be taken into consideration. The involvement of Aboriginal people in the processes of designing such facilities is highly desirable. (4:259)

RECOMMENDATION 254

That health departments and other mainstream health authorities accept as policy, and implement in practice, the principle that Aboriginal people should be involved in meaningful ways in decision-making roles regarding the assessment of needs and the delivery of health services to the Aboriginal community. One application of this principle is that efforts should be made to see that Aboriginal people are properly represented on the Boards of hospitals serving areas where Aboriginal patients will be a significant proportion of hospital clients. (4:259)

RECOMMENDATION 255

That the holding of negative stereotypes of both Aboriginal people and people with drinking problems be addressed through effective staff selection and supervision, along with pre-service and in-service education, to reduce the ignorance, and through clear instructions by employing authorities that such stereotyping of Aboriginal people and those with drinking problems will not be tolerated in the health care setting. (4:260)

Appendix: RCIADIC Recommendations 55 RECOMMENDATION 256

That more Aboriginal staff be employed through affirmative action programs as health care workers (and, indeed, in other capacities such as support staff) in those mainstream health care facilities which serve Aboriginal clients and patients and that their involvement must be well thought out, be at appropriate levels , and be structured so that they contribute effectively with the minimum amount of role conflict. (4:260)

RECOMMENDATION 257

That special initiatives now in place in a number of tertiary training institutions, such as medical schools , to facilitate the entry into and successful completion of courses of study and training by Aboriginal students be expanded for use in all relevant areas of health services training . (4:260)

RECOMMENDATION 258

That in areas where Aboriginal people are concentrated and the State or Territory Governments provide or intend to provide a particular service or services to Aboriginal people , the governments invite community -controlled Aboriginal Health Services to consider negotiating contracts for the provision of the services to Aboriginal people and also, where appropriate, to non-Aboriginal people. (4:261)

RECOMMENDATION 259

That Aboriginal community- controlled health services be resourced to meet a broad range of functions , beyond simply the provision of medical and nursing care , including the promotion of good health , the prevention of disease, environmental improvement and the improvement of social welfare services for Aboriginal people . (4:261)

RECOMMENDATION 260

That: a. Funding bodies should facilitate program evaluation of Aboriginal community-controlled health services, not with the aim of making decisions on levels of funding, but with the aim of assisting the services to operate most effectively and efficiently; b. Representatives of the Aboriginal community should be invited to participate in the control of the evaluation research activity; and c. Performance indicators should be drawn up co-operatively between the managers of the services and the funding bodies. (4:261)

RECOMMENDATION 261

That the use of Aboriginal hospital liaison officers be expanded in hospitals which serve Aboriginal patients and that they be seen and used as respected members of the therapeutic team. (4:262)

Appendix: RCIADIC Recommendations 56 RECOMMENDATION 262

That the States recognise the contributions of Aboriginal Health Workers and in so doing review the Northern Territory's experience of the establishment of appropriate career structures and the registration of them . (4:262)

RECOMMENDATION 263

That where there is a high level of non-compliance by a range of Aboriginal patients with advice tendered to them by health professionals, the health professionals should examine their styles of operation with a view to checking whether those styles can be improved. (4:262)

RECOMMENDATION 264

That: a. There be a substantial expansion in Aboriginal mental health services within the framework of the development, on the basis of community consultation, of a new national mental health policy;

b. There be close scrutiny by those developing the national policy of the number of models that exist for such expansion; and c. Aboriginal people be fully involved in the policy development and implementation process. (4:262)

RECOMMENDATION 265

That as an immediate step towards overcoming the poorly developed level of mental health services for Aboriginal people priority should be given to complementing the training of psychiatrists and other non-Aboriginal mental health professionals with the development of a cadre of Aboriginal health workers with appropriate mental health training, as well as their general health worker training. The integration of the two groups, both in their training and in mental health service delivery, should receive close attention. In addition, resources should be allocated for the training and employment of Aboriginal mental health workers by Aboriginal health services. (4:262)

RECOMMENDATION 266

That the linking or integrating of mental health services for Aboriginal people with local health and other support services be a feature of current and expanded Aboriginal mental health services . (4:263)

RECOMMENDATION 267

That aerial medical services and the appropriate authorities review the effectiveness of practices relating to medical diagnosis at a distance, for example by radio or telephone, and consider the implementation of standard diagnostic protocols, where they are not currently being used. (4:263)

Appendix: RCIADIC Recommendations 57 RECOMMENDATION 268

That the National Health and Medical Research Council actively stimulate research into health concerns identified as priorities by appropriate Aboriginal health advisory bodies (such as the proposed Council of Aboriginal Health), particularly research that involves Aboriginal people at both the development and implementation stages. (4:263)

RECOMMENDATION 269

That compliance with the National Health and Medical Research Council's Advisory Notes on Aboriginal health research ethics be a condition of Aboriginal health research funding from all sources. (4:263)

RECOMMENDATION 270

That: a. Aboriginal people be involved in each stage of the development of Aboriginal health statistics; and b. Appropriate Aboriginal health advisory bodies (such as the proposed Council of Aboriginal Health ) consider developing an expanded role in this area , perhaps in an advisory capacity to the Australian Institute of Health, and that the aim of this involvement should be to ensure that priority is given to the collection , analysis, dissemination and use of those Aboriginal health statistics most relevant to Aboriginal health development. (4:263)

RECOMMENDATION 271

That the implementation of the National Aboriginal Health Strategy, as endorsed by the Joint Ministerial Forum, be regarded as a crucial element in addressing the underlying issues the Commission was directed to take into account, and that funds be urgently made available to allow. the Strategy to be implemented. (4:268)

STRATEGIES FOR CHANGE ( 8.272®288)

RECOMMENDATION 272

That governments review the level of resources allocated to the function of ensuring that the holders of liquor licences meet their legal obligations (in particular laws relating to serving intoxicated persons), and allocate additional resources if needed. (4:281)

RECOMMENDATION 273

That consideration be given to legislating for the appointment of community workers who would have the power to inspect licensed premises to ensure that licensees comply with the applicable legislation and licence conditions. (4:282)

Appendix: RCIADIC Recommendations 58 RECOMMENDATION 274

That governments consider whether there is too great an availability of liquor , including too many licensed premises, and the desirability of reducing the number of licensed premises in some localities , such as Alice Springs, where concentrations of Aboriginal people are found . (4:282)

RECOMMENDATION 275

That the Northern Territory Government review its liquor legislation in the light of the size of the Aboriginal population of the Territory and its needs , and include in such a review the desirability of appointing at least one Aboriginal person to be a member of the Northern Territory Liquor Commission. (4:282)

RECOMMENDATION 276

That consideration be given to the desirability of legislating to provide for a local option as to liquor sales trading hours, particularly in localities where there are high concentrations of Aboriginal people . (4:282)

RECOMMENDATION 277

That legal provision be available in all jurisdictions to enable individuals , organisations and communities to object to the granting , renewal or continuance of liquor licences, and that Aboriginal organisations be provided with the resources to facilitate this . (4:282)

RECOMMENDATION 278

That legislation and resources be available in all jurisdictions to enable communities which wish to do so to control effectively the availability of alcoholic beverages. The controls could cover such matters as whether liquor will be available at all, and if so, the types of beverages, quantities sold to individuals and hours of trading . (4:283)

RECOMMENDATION 279

That the law be reviewed to strengthen provisions to eliminate the practices of "sly grogging ". (4:283)

RECOMMENDATION 280

That ATSIC and other organisations be encouraged to provide resources to help Aboriginal communities identify and resolve difficulties in relation to the impact of beer canteens the communities . (4:283)

Appendix: RCIADIC Recommendations 59 RECOMMENDATION 281

That Aboriginal communities that seek assistance in regulating the operation of beer canteens in their communities be provided with funds so as to enable effective regulation, especially where a range of social, entertainment and other community amenities are incorporated into the project. (4:283)

RECOMMENDATION 282

That media campaigns and other health promotion strategies targeted at Aboriginal people at the local and regional levels include Aboriginal involvement at all stages of development to ensure that the messages are appropriate. (4:284)

RECOMMENDATION 283

That the possibility of establishing early intervention programs in Aboriginal health services and in hospitals and community health centres with a high proportion of Aboriginal patients be investigated. This would include the training needs of staff in intervention techniques. (4:290)

RECOMMENDATION 284

That Aboriginal organisations consider adopting alcohol-free workplace policies and be encouraged and given support to develop employee assistance programs. (4:290)

RECOMMENDATION 285

That Aboriginal organisations and Councils (including ATSIC) be encouraged to give consideration to the further implementation of programs to employ multipurpose Aboriginal drug and alcohol community workers, and that appropriate assistance is sought in the training of Aboriginal people to fill such roles. (4:290)

Appendix: RCIADIC Recommendations 60 RECOMMENDATION 286

That the Commonwealth Government , in conjunction with the States and Territories Governments and non-government agencies, act to co-ordinate more effectively the policies, resources and programs in the area of petrol sniffing . (4:293)

RECOMMENDATION 287

That the Commonwealth, States and Territories give higher priority to the provision of alcohol and other drug prevention, intervention and treatment programs for Aboriginal people which are functionally accessible to potential clients and are staffed by suitably trained workers, particularly Aboriginal workers . These programs should operate in a manner such that they result in greater empowerment of Aboriginal people , not higher levels of dependence on external funding bodies. (4:297)

RECOMMENDATION 288

That all workers , both Aboriginal and non-Aboriginal, involved in providing alcohol and other drug programs to Aboriginal people , receive adequate training . Priority training needs include: a. Relevant cross-cultural awareness and communication training for non-Aboriginal workers such as health and welfare staff who provide services to Aboriginal people; and b. Skills training for Aboriginal alcohol and other drug treatment workers , particularly those who have recovered from alcohol problems themselves but have no formal training in the area. (4:297)

EDUCATING FOR THE FUTURE (R.299-299)

RECOMMENDATION 289

That: a. Governments, State Aboriginal Education Consultative Groups and local Aboriginal Education Consultative Groups should pay great attention to the fact that the scope of the National Aboriginal and Torres Strait Islander Education Policy extends to pre -schooling programs and that it should be recognised that to a considerable extent the success of the whole NAEP will turn on the success of the pre -schooling initiatives; and b. That pre-schooling programs should have as a major aim the involvement not only of the children , but of the parents or those responsible for the care of the children . (4:303)

RECOMMENDATION 290

That curricula of schools at all levels should reflect the fact that Australia has an Aboriginal history and Aboriginal viewpoints on social, cultural and historical matters. It is essential that Aboriginal viewpoints , interests, perceptions and expectations are reflected in curricula , teaching and administration of schools . (4:308)

Appendix: RCIADIC Recommendations 61 RECOMMENDATION 291

That:

a. In designing and implementing programs at a local level which incorporate Aboriginal viewpoints on social, cultural and historical matters local schools should, wherever possible, seek the support and participation of the local Aboriginal community in addition to any other appropriate Aboriginal organisations or groups; and

b. In engaging local Aboriginal people to assist in the preparation and delivery of such courses at a local level, school principals and the relevant education departments accept that in recognition of the expertise which local Aboriginal people would bring to such a program, payment for the services of such Aboriginal people would be appropriate. (4:309)

RECOMMENDATION 292

That the Aboriginal Education Consultative Groups in each State and Territory take into account in discussing with governments the needs of the Aboriginal communities in their area, and that local Aboriginal Education Consultative Groups take into account when consulting with school principals and providers at the local level, the fact that many Aboriginal communities and organisations have identified the need for the education curriculum to include a course of study to inform students on social issues such as the legal system-including police and Courts-civil liberties, drug and alcohol use and sex education. (4:309)

RECOMMENDATION 293

That the introduction of the Aboriginal Student Support and Parent Awareness Program be commended as being an appropriate recognition of the need for the participation of Aboriginal people at a local level in the delivery of school programs. The Commission notes, however, that the success of the program will be dependent on the extent to which the Aboriginal community is guaranteed adequate consultation , negotiation and support in devising and implementing this program. (4:314)

RECOMMENDATION 294

That governments and Aboriginal Education Consultative Groups take note of the methodology employed in such programs as that at Batchelor College , Northern Territory in the training of Aboriginal teachers and others for work in remote communities . (4:318)

RECOMMENDATION 295

That: a. All teacher training courses include courses which will enable student teachers to understand that Australia has an Aboriginal history and Aboriginal viewpoints on social, cultural and historical matters, and to teach the curriculum which reflects those matters; b. In-service training courses for teachers be provided so that teachers may improve their skill, knowledge and understanding to teach curricula which incorporate Aboriginal viewpoints on social, cultural and historical matters; and

Appendix: RCIADIC Recommendations 62 c. Aboriginal people should be involved in the training courses both at student teacher and in -service level. (4:322)

RECOMMENDATION 296

That: a. Aboriginal Education Consultative Groups consider such processes which might allow communities and teachers to negotiate and agree upon the role of teachers at local community level; and b. Governments, Aboriginal Education Consultative Groups and, where appropriate, unions explore processes which will enable teachers, pupils and parents to negotiate guidelines for the teaching of Aboriginal students and the employment and conditions of teachers on local communities . (4:322)

RECOMMENDATION 297

That: a. The vital role which Aboriginal Education Workers - or persons performing a similar role but with another title - can play in ensuring effective Aboriginal participation in the education system be recognised; b. Aboriginal Education Workers be given the recognition and remuneration which their role merits and that it be recognised that they suffer from conflicting expectations of community and the Department as to their role; and c. It be understood that there is a need for them to have accountability to-the Aboriginal community as well as to their employer. (4:327)

RECOMMENDATION 298

That: a. Governments support Aboriginal community controlled adult education institutions and other institutions which provide a program of courses which have the support of the Aboriginal community; b. Governments accept that courses delivered by such institutions should be regarded as courses entitling students to such payments or allowances as would be their entitlement in the event that they were participating for the same or equivalent time in a TAFE course; and c. It be recognised that owing to the substantial historical educational disadvantage which Aboriginal people have experienced , a course for Aboriginal students may necessarily be longer than might be the case if the course were provided to non-Aboriginal students. (4:345)

Appendix: RCIADIC Recommendations 63 RECOMMENDATION 299

That:

a. At every stage of the application of the National Aboriginal Education Policy the utmost respect be paid to the first long-term goal expressed in the policy, that is:

To establish effective arrangements for the participation of Aboriginal parents and community members in decisions regarding the planning, delivery, and evaluation of pre-school, primary, and secondary education services for their children.

b. It be recognised that the aims of the Policy are not only to achieve equity in education for Aboriginal people but also to achieve a strengthening of Aboriginal identity, decision making and self-determination; and c. It is unlikely that either of these aims can be achieved without the achieving of the other. (4:351)

INCREASING ECONOMIC OPPORTUNITY ( 8.300-320)

RECOMMENDATION 300

That support be given to the aims of AEDP to: a. Increase opportunities for Aboriginal people in the mainstream labour market to achieve equity with other Australians in the rates and levels of permanent employment; and b. Generate employment through greatly enhanced assistance for community development and the expansion of economic bases of Aboriginal communities, including a recognition of and support for traditional Aboriginal economic activities as a legitimate form of employment. (4:367)

RECOMMENDATION 301

That the Commonwealth, State and Territory Governments consider the desirability of entering into specific agreements (as, for example, are currently established under the Aboriginal Education Policy) for funding under the Commonwealth's AEDP which set out agreed objectives, strategies and outcomes . (4:377)

RECOMMENDATION 302

That State and Territory Governments consider whether, in co-ordinating the planning and delivery of services under the AEDP, including the development and co-ordination of planning at regional and local levels , ATSIC regional boundaries should be adopted as the geographic basis for such planning and delivery, and (subject to their agreement to do so), ATSIC Regional Councils should be involved in the planning process and perhaps take responsibility for it. (4:377)

Appendix: RCIADIC Recommendations 64 RECOMMENDATION 303

That State and Commonwealth Governments study the experience of the Aboriginal Economic Employment Officer program operated by the Western Australian Department of Employment and Training and other similar schemes which enhance local Aboriginal involvement in stimulating economic activity. (4:378)

RECOMMENDATION 304

That spending on training and other active labour market policy programs (such as CDEP and job subsidy schemes) be given preference overspending on unemployment relief programs . The determination of priorities for particular training programs must be better attuned to the particular needs expressed by local Aboriginal groups in their regional and community plans, and the skill requirements of the local labour market. (4:379)

RECOMMENDATION 305

That the emphasis on public sector recruitment of Aboriginal people should be continued . The emphasis should be not only to achieve a target total figure, but a target for Aboriginal employment at all levels in the public sector. The adoption of such latter targets involves the provision of training opportunities. The emphasis should be directed at the whole of the public sector including statutory authorities and government owned businesses and not designed merely to provide opportunities for employment within areas of service delivery to Aboriginal people (although it is very important to have Aboriginal people employed in those areas). (4:384)

RECOMMENDATION 306

That governments attempt to encourage Aboriginal employment in the private sector, but until the private sector level of Aboriginal employment reaches an acceptable level, governments should be prepared to set targets for recruitment into the public sector at somewhat higher target figures than would reflect the proportionate representation of Aboriginal people in the population. (4:385)

RECOMMENDATION 307

That Commonwealth, State and Territory Governments adopt a fair employment practice in relation to the letting of government contracts , which gives preference to those tenderers who can demonstrate that they have adopted and implemented a policy of employing Aboriginal persons in their workforce. (4:388)

RECOMMENDATION 308

That Commonwealth and State Governments give consideration to establishing a body made up of representation from government (DEET and ATSIC, as well as State Governments) and Australian employer and employee peak bodies to discuss, with a view to setting in motion , a process of implementing the aims of the AEDP in the private sector. (4:388)

Appendix: RCIADIC Recommendations 65 RECOMMENDATION 309

That increased funding be allocated to the establishment of local employment promotion committees comprised of representatives of Aboriginal groups, local employers, government departments and unions to:

a. Develop and implement suitable promotional marketing campaigns aimed at the total labour market;

b. Lobby for local initiatives in improving employment options and broadening local understanding of the needs and aspirations of Aboriginal people in the region; and

c. Increase the understanding in the Aboriginal community of the possible local employment options, the nature of the work involved and the skills required.

In funding the establishment of the committees, priority should be given to locations where labour market opportunities exist and where the greatest disparity between Aboriginal and non-Aboriginal employment rates are identified. (4:388)

RECOMMENDATION 310

That the Commonwealth, and in particular the Department of Employment, Education and Training, analyse its current programs with a view to ensuring that they fully address the employment, education and training needs of potential and existing Aboriginal offenders. Where necessary, existing program guidelines should be modified and/or new program elements developed to increase access by such clients. In particular, DEET should examine means of assisting Aboriginal communities to become more involved in preventative, diversionary and rehabilitative programs to assist Aboriginal offenders, particularly where they would provide an alternative to incarceration. (4:390)

RECOMMENDATION 311

That ATSIC ensure that in the administration of its Enterprise Program a clear distinction is drawn between those projects that are supported according to criteria of commercial viability and those that are supported according to social development or social service satisfaction criteria. (4:399)

RECOMMENDATION 312

That the intention of Sections 17 and 18 of the Aboriginal and Torres Strait Islander Commission Act 1989 be clarified, by amendment to the legislation if necessary, in order to facilitate the funding of enterprises which are not necessarily commercially viable on the basis of social development criteria. (4:399)

RECOMMENDATION 313

That the ongoing review of the Enterprise Program by the Commonwealth Government should seek to develop the Program in such a way that: a. Adequate program flexibility is provided to allow for the diversity of aspirations and needs of different Aboriginal communities; and

Appendix: RCIADIC Recommendations 66 b. Funding difficulties caused by cyclic government budgeting and delays between application and receipt of moneys are minimised . (4:402)

RECOMMENDATION 314

That mechanisms for the notification and determination of Aboriginal interests in major mining and tourism development proposals incorporate: a. Provision of formal written notification concerning the development to appropriate Aboriginal organisations within the area affected by the development proposal; and b. A process of consultation and negotiation between representatives of government, the developer and representatives of the Aboriginal groups with an interest in the area affected by the proposal , in order to facilitate participation by Aboriginal groups or communities in the equity, management and employment concerned with the projects. (4:402)

RECOMMENDATION 315

That the recommendations submitted to the Conservation and Land Management meeting (held at Millstream on 6th-8th August, 1990) by representatives of Aboriginal communities and organisations be implemented in Western Australia upon terms to be negotiated between Aboriginal people and appropriate Aboriginal organisations and communities on the one hand and National Park authorities on the other so as to protect and preserve the rights and interests of Aboriginal people with cultural, historical and traditional association with National Parks. The recommendations proposed at the Millstream meeting were: a. The encouragement of joint management between identified and acknowledge representatives of Aboriginal people and the relevant State agency; b. The involvement of Aboriginal people in the development of management plans for National Parks; c. The excision of areas of land within National Parks for use by Aboriginal people as living areas; d. The granting of access by Aboriginal people to National Parks and Nature Reserves for subsistence hunting, fishing and the collection of material for cultural purposes (and the amendment of legislation to enable this, where necessary); e. Facilitating the control of cultural heritage information by Aboriginal people; f. Affirmative action policies which give preference to Aboriginal people in employment as administrators, rangers, and in other positions within National Parks;

9• The negotiation of lease-back arrangements which enable title to land on which National Parks are situated to be transferred to Aboriginal owners, subject to the lease of the area to the relevant State or Commonwealth authority on payment of rent to the Aboriginal owners; h. The charging of admission fees for entrance to National Parks by tourists;

Appendix: RCIADIC Recommendations 67 The reservation of areas of land within National Parks to which Aboriginal people have access for ceremonial purposes; and

j. The establishment of mechanisms which enable relevant Aboriginal custodians to be in control of protection of and access to sites of significance to them . (4:416)

RECOMMENDATION 316

That the relevant governments , in consultation with relevant Aboriginal organisations give consideration to funding the establishment of a small unit, comprising Aboriginal people drawn from northern Western Australia , the Northern Territory and northern Queensland , which would be based in the northern part of the country . The function of the unit would be to study, in consultation with the residents of remote communities in those areas, the means of achieving greater self-sufficiency in those communities . The Unit would have the task of keeping remote communities advised of successful initiatives achieved in other communities and assisting remote communities in the preparation of their community plans, so as to assist them in developing economic independence, or at least a greater degree of self-sufficiency. (4:423)

RECOMMENDATION 317

That further extension of the CDEP Scheme (or some similar program ) to rural towns with large Aboriginal populations and limited mainstream employment opportunities for Aboriginal people be considered . (4:439)

RECOMMENDATION 318

That in view of the considerable demands placed on staff of ATSIC by the expansion of the CDEP Scheme, consideration be given to developing a mechanism for devolving to appropriate consenting Aboriginal organisations, in particular resource agencies, responsibility for some aspects of the administrative support of CDEP, including in particular: a. Advising communities on the types of work which the community may wish to consider undertaking; b. Advising communities on the potential for incorporating other types of funding for employment and enterprise development into a CDEP project; c. Dissemination of information (collected by ATSIC) on successful schemes; d. Financial and administrative support for management of a scheme; and e. Assisting in the provision or co-ordination of training for participants and managers of CDEP.

Those Aboriginal organisations should be adequately resourced to carry out the tasks which are devolved to them . (4:439)

Appendix: RCIADIC Recommendations 68 RECOMMENDATION 319

That in the coming review of the CDEP Scheme consideration be given to:

Funding a. Improved mechanisms for the combining of funds from different programs (such as the Aboriginal Enterprise Incentive Scheme and the Enterprise Program) to supplement the capital and recurrent funding of CDEP in order to facilitate greater Aboriginal community control over infrastructural components of projects;

b. The introduction of a mechanism which ensures that CDEP projects are not used as a substitute for the provision of an adequate level of municipal and other social services, unless funds equivalent to those which would have been provided in respect of municipal and social services are provided to supplement the operation of CDEP; c. The recognition by the Department of Finance of CDEP as a discrete program with considerable offset savings to the government (in respect of administrative savings from non-payment of Unemployment Benefits), and the automatic provision of the 20% on-cost component - not from the ATSIC existing global allocation;

Equity Considerations d. The improved policing of payments under CDEP to ensure that all participants in CDEP receive an income equivalent to Unemployment Benefit regardless of work actually performed, subject to the participants' performance of their obligations under the scheme; e. Addressing issues of access to income, and meaningful work activities for women participants in CDEP;

Administrative and Financial Management Support f. The enhanced involvement of Aboriginal-controlled organisations and resource agencies in the provision of administrative expertise and advice in the operation of CDEP;

9. Improvements in the financial control systems for CDEP and provision for the training of CDEP managers in the maintenance of financial controls; h. Initiatives for the development of ATSIC staff training in negotiation and consultation skills, and in cultural sensitivity, in order to improve the effectiveness and minimise the burden of consultation and support provided by ATSIC to communities on CDEP;

Training and Employment Potential

An improved level of training and planning support for projects, and for the development of medium and long term plans for CDEP projects which reflect the aspirations of participants for access to mainstream employment opportunities, enterprise development or culturally appropriate work; j• Increased co-ordination between ATSIC and DEET in respect of the training requirements of both new and ongoing CDEP projects, and in relation to the enterprise development potential of CDEP projects; and

Appendix: RCIADIC Recommendations 69 k. The dissemination of information to Aboriginal communities who are on CDEP or who are planning to apply to receive CDEP funds about successful work programs undertaken by other communities under CDEP. (4:440)

RECOMMENDATION 320

That further research be undertaken in relation to:

a. The particular economic circumstances of Aboriginal people in discrete geographical areas , in order to:

i. determine the contribution which Aboriginal people make to the local or regional economy;

ii. identify the sources of and amounts of funding which might be available to them; and

iii. facilitate realistic economic planning by Aboriginal people which is consistent both with the prevailing economic circumstances and with their aspirations and lifestyle; and b. The impact of the overall taxation system on Aboriginal people and on Aboriginal organisations, and the extent to which Aboriginal people benefit from the Australian taxation system.

Where research is commissioned or funded , a condition of the research being undertaken should be the active involvement of Aboriginal people in the area which is the subject of the research , the communication of research findings across a wide cross -section of the local Aboriginal community in an easily understood form, and the formulation of proposals for further action by the Aboriginal community and local Aboriginal organisations . (4:446)

HOUSING AND INFRASTRUCTURE (8.321-327)

RECOMMENDATION 321

That any future accommodation needs survey include not only an emphasis on the physical housing needs but also incorporate assessments that relate to management , administrative and housing support needs; in respect of remote communities such surveys should also establish the need for hostel accommodation in service towns where people may be required to spend time utilising services not available in remote areas . (4:459)

RECOMMENDATION 322

That quantification of required housing stock take into account community aspirations as to the number of people who are likely to share a house, its location and potential impact on present and future infrastructure requirements . (4:459)

Appendix: RCIADIC Recommendations 70 RECOMMENDATION 323

That:

a. Increased funding be made available to Aboriginal community groups for the implementation of homemaker schemes. Groups that may be appropriate to receive such funding should include women's groups, housing organisations and community councils; and

b. Adult education providers, and particularly Aboriginal community controlled adult education providers, be encouraged and supported to provide:

courses in homemaking and domestic budgeting; and

ii. courses for training Aboriginal persons as community advisers and teachers in homemaking . (4:464)

RECOMMENDATION 324

That the model which Tangentyere Council offers for integrating the various service delivery and administrative needs associated with Aboriginal housing be studied in other regions . (4:473)

RECOMMENDATION 325

That the question of providing assistance to Aboriginal housing organisations in relation to administration costs and the cost of repair of housing stock receive close attention. In this respect the CDEP scheme appears to offer an excellent opportunity for communities to solve some of the problems of the cost of housing repairs whilst at the same time providing work of a type that opens the way for training in important areas of skill development. (4:475)

RECOMMENDATION 326

That in recognition of both the depressed economic conditions in many remote communities and the importance of Aboriginal participation in the control of new construction:

a. Where governments require tenders to be called for public works, they introduce procedures to enable Aboriginal communities to participate in the determination of the award of the construction contract;

b. Such contracts should provide for the employment of labour from the community as far as is possible;

c. The training of local persons in preparation for employment pursuant to such contracts should be a high priority for training providers; and

d. Contracts should be let where possible to local tenderers, provided that their tender price is not unreasonably high.

Pending these arrangements being put in place, and with consequent improvements in income for housing organisations, governments and authorities should take into account the need of housing organisations for assistance with their recurrent costs, in addition to funding for new dwellings . (4:476)

Appendix: RCIADIC Recommendations 71 RECOMMENDATION 327

That: a. Relevant Aboriginal training institutions and Aboriginal housing organisations , in consultation with DEET, devise and implement a strategy specifically directed to the training of Aboriginal people to build and maintain essential community infrastructure; and b. This training program should be adequately co-ordinated with employment strategies established under the AEDP and CDEP. (4:479)

CONFORMING WITH INTERNATIONAL OBLIGATIONS (R.328-333)

RECOMMENDATION 328

That as Commonwealth , State and Territory Governments have adopted Standard Guidelines for Corrections in Australia which express commitment to principles for the maintenance of humane prison conditions embodying respect for the human rights of prisoners, sufficient resources should be made available to translate those principles into practice . (5:19)

RECOMMENDATION 329

That the National Standards Body comprising Ministers responsible for corrections throughout Australia give consideration to the drafting and introduction of legislation embodying the Standard Guidelines and in drafting such legislation give consideration to prisoners' rights contained in Division 4 of the Victorian Corrections Act 1986. (5:19)

RECOMMENDATION 330

That the National Standards Body establish and maintain direct consultation with relevant Aboriginal organisations including Aboriginal Legal and Health Services . (5:22)

RECOMMENDATION 331

That the National Standards Body consider the formulation and adoption of guidelines specifically directed to the needs of Aboriginal prisoners. In that process the findings and recommendations of this Commission relating to custodial conditions and the treatment of Aboriginal persons in custody should be taken into account . (5:22)

RECOMMENDATION 332

That the Commonwealth State and Territory Ministers for Police should formulate and adopt standard guidelines for police custodial facilities throughout Australia . (5:24)

Appendix: RCIADIC Recommendations 72 RECOMMENDATION 333

While noting that in no case did the Commission find a breach of the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, it is recommended that the Commonwealth Government should make a declaration under Article 22 of the Convention and take all steps necessary to become a party to the Optional Protocol to the International Convention on Civil and Political Rights in order to provide a right of individual petition to the Committee Against Torture and the Human Rights Committee, respectively. (5:26)

ADDRESSING LAND NEEDS (R.334-338)

RECOMMENDATION 334

That in all jurisdictions legislation should be introduced, where this has not already occurred, to provide a comprehensive means to address land needs of Aboriginal people. Such legislation should encompass a process for restoring unalienated Crown land to those Aboriginal people who claim such land on the basis of cultural, historical and/or traditional association. (5:53)

RECOMMENDATION 335

That in recognising that improvement in the living standards of many Aboriginal communities (especially for those people living in inadequate housing and environmental circumstances on the fringes of towns and on other discrete areas of Aboriginal occupation of land) cannot be ensured without the security of land title , governments provide, by legislation and/or administrative direction, an accelerated process for the granting of land title based on need . (5:53)

RECOMMENDATION 336

That unalienated crown land granted on the basis of cultural, historical and/or traditional association of Aboriginal people should be granted under inalienable freehold title and should carry with it the right of the Aboriginal owners to, inter alia: a. Determine who may enter the land and the terms of such entry; and b. Control the impact of development on the land in so far as such development may threaten the cultural and/or social values of the Aboriginal owners and their communities. (5:53)

RECOMMENDATION 337

That governments recognise that where appropriate unalienated crown land is unavailable to be claimed on grounds of cultural, historical or traditional association with the land or where, due to the processes of the history of colonisation, Aboriginal people are no longer able to, nor seek to, make claims to particular areas of unalienated crown land on the basis of cultural, historical or traditional association there remain land needs of Aboriginal people which should be met by governments. These needs should be accommodated by a process which: a. Enables Aboriginal communities or groups to obtain secure title to unalienated crown land or to purchase land for social, recreational and community purposes (including the obtaining of additional land in circumstances in which an Aboriginal community is on Aboriginal land but where the area of that land is established as being too small to accommodate the community);

Appendix: RCIADIC Recommendations 73 b. Enables Aboriginal communities or groups to obtain secure title to land so as to improve the environmental circumstances in which they live; c. Provides adequate funding in order that land may be purchased on the open market in pursuance of the needs identified in paragraphs (a) and (b); and d. Where pastoral land is held on lease from the Crown , permits Aboriginal communities traditionally or historically associated with the land to have priority when leases come up for renewal . (5:54)

RECOMMENDATION 338

That as an interim step all land held under leasehold , being former Aboriginal reserve or mission land and being now held for or on behalf of Aboriginal people, be forthwith transferred under inalienable freehold title to the present leaseholder(s) pending further consideration by Aboriginal people as to the appropriate Aboriginal body which should thereafter hold the title to such land . (5:54)

THE PROCESS OF RECONCILIATION (R.339)

RECOMMENDATION 339

That all political leaders and their parties recognise that reconciliation between the Aboriginal and non -Aboriginal communities in Australia must be achieved if community division, discord and injustice to Aboriginal people are to be avoided. To this end the Commission recommends that political leaders use their best endeavours to ensure bi-partisan public support for the process of reconciliation and that the urgency and necessity of the process be acknowledged . (5:65)

Appendix: RCIADIC Recommendations 74

Appendix: RCIADIC Recommendations INDEX TO RECOMMENDATIONS

Subheadings in the recommendations given in bold type

Aboriginal Affairs Planning Authority (WA) 13 and self-determination 40-44 and self-sufficiency 68 Aboriginal and non-Aboriginal people, relations between 21, 38, 44-45, and sentencing authorities 22 48, 56 services and infrastructure for 43 social, economic and cultural development of 43-44 Aboriginal and Torres Strait Islander Commission Act 1989 and taxation 70 Sections 17 and 18 of 66 and tourism 67 and trading hours for liquor 59 Aboriginal and Torres Strait Islander Councils training, employment and enterprise projects 42, 43, 45, 51, 64-70 and capital works subsidy scheme 17 women in 71 and grants from state government 17 and work programs 24, 70 and youth programs 50-53 Aboriginal Child Care Agencies essential role of 12 Aboriginal community-controlled education. See education to advise on welfare of juveniles 50-51 Aboriginal community-controlled health services. Seealso health Aboriginal Child Placement principle, recognition of 12 and early intervention programs 60 and environmental improvement 56 Aboriginal communities funding for 56 and Aboriginal Community Justice Project 4647 and prevention of disease 56 and Aboriginal Legal Service 23 and promotion of good health 56 and access to lawyers 23 and services to non-Aboriginal people 56 and adult education providers 71 and social welfare 56 and alcohol misuse 15, 59 and tertiary training institutions 56 and ATSIC 42 and autonomous regional services 23 Aboriginal Community Justice Project and beer canteens 60 and Aboriginal communities, organisations, people 46-47 and CDEP schemes 43, 69, 70, 71 and liaison officer positions 46 and cell visitor scheme 31 and Northern Territory Dept of Correctional Services 46-47 and community justice, policing and Police Services 32, 46-50 and police and Police Services 46-47 and community workers and liquor 58 and Complaints Officer 38 Aboriginal culture and Corrective Services and education 40 and art and craft 45 development of, to be participative 44 and autopsies 8-9 diversity of organisation structures in 43 and ceremonies 68 and drug and alcohol community workers 60 and collection of material 67 economic development goals/achievements of 43, 64-70 and control of cultural heritage 67 and education 62, 64-70 and courses in, for prisoners 40 employment of members of 48, 51, 64-70 differences from that of non-Aboriginal people 12, 54 funding, Cwlth, States and Territories 16, 42, 51, 60, 64-70 government employees be trained to appreciate 45 and health 53-58 and health services in correctional institutions 33, 34 and homemaker schemes 71 information on 67 and housing 70-72 and issues of health 34, 54 impact of roads on 16 and land needs 73 and infrastructure 11, 16, 42, 70-72 and National Parks 67-68 and involvement in correctional processes 40 and recognition of importance to prisoners 37 and juveniles , advice on the welfare of 50-51 and report on the Recognition of Customary Laws 47 and land needs 73 to be taught in schools 61-64 and liquor licences 59 and training in, for health care service staff 54 and media campaigns on alcohol 60 and truancy 16 and mining 67 and museums 2 Aboriginal Economic Employment Officer program and National Parks 67-68 and economic activity 65 and National Police Research Unit 47 and WA Department of Employment and Training 65 objections to autopsy by 8-9 and offender's employment and education needs 66 Aboriginal Education Consultative Groups. Seealso education and police aides 50 and Aboriginal Education Workers 63 policing of 19, 46-50 and curricula 62 and remote areas 70-71 and drug and alcohol education 62 research on policies and progress affecting 11, 69, 70

Index to the Recommendations 75 and governments and unions 63 to inform Attorney General or Minister for Justice 2 and role of teachers at community level 62, 63 to provide advice to government 1 and school principals 62 and sex education 62 Aboriginal land councils . See Aboriginal organisations

Aboriginal Education Policy Aboriginal Legal Service extending aims to prisoners 40 and Aboriginal Health Service 27, 28 and anti-discrimination mechanisms 45 Aboriginal Education Workers and arrest of Aboriginal persons 48 and Aboriginal participation 63 and bail 20 remuneration of 63 and breath analysis equipment 27 and complaints against police 48 Aboriginal employees. See Aboriginal people; employment consultation on training and development program 21, 23 and Corrective Services 28, 29 Aboriginal Employment Development Policy and detention of Aboriginal persons 48 extending aims to prisoners 40 funding for 22, 49 and health authorities 28 Aboriginal Enterprise Incentive Scheme . See CDEP and Human Rights and Equal Opportunity Commission 45 Aboriginal families investigating and researching law reform 22-23 appearance at inquest or by representative 5, 31 and justice system in Australia 23 and cell visitor schemes 31 and juveniles ; representation and advice 50, 53 claims by 2 and lawyers 22, 23 coroner to consult 9 and National Standards Body 72 and funding to visit prisoners 37 and need for close contact with Aboriginal communities 23 including relatives, kin and friends 2 and non-custodial sentences 23 and juveniles, advice on welfare of 50-51 and Police Services 27, 28 need for information of inquiries 6 and protective custody for intoxicated Aborigines 48 and objections to autopsy 8-9 and protocol on inquests and inquiries 8, 9 to be notified immediately of death 5 and public drinking 18 to be notified of time and date of inquest 5 State Coroner to consult on autopsy 8 and visits to prisoners 37 and State Equal Opportunity Commissions 45 to advise Coroner of family's intentions 5 Aboriginal health programs . See Aboriginal Health Services ; health to be advised of time and place of coronial inquest 5 to be given information by investigators of death 6 Aboriginal Health Services. Seealso Aboriginal community - to be notified of death in custody 5 controlled health services to obtain copy of post-mortem report 6 and Aboriginal Legal Aid 27, 28 to provide representation and advice 22 and advisory bodies 58 to receive direction of Coroner or State Coroner 6 and alcohol 14, 55, 60 and transfer of information 28 and breath analysis equipment 27 and treatment of body of the deceased 8 and care of Aboriginal people in custody 33 and visits to prisoners 37 and community control 54, 56 and Corrective Services 28, 29, 33 Aboriginal Medical Services and Council of Aboriginal Health 58 and alcohol use 14-16 and culturally appropriate health services 33 and hospitals 55 and early intervention programs 60 and programs 53 and health authorities 28, 33 and protocol about inquiries and autopsies 8,9 and health workers in the Northern Territory 57 and provision of health and medical advice 26 and Kaurna people in South Australia 12 and research into alcohol use 14-16 medical practitioners employed by 32, 33 and State Coroner and autopsy 8 and National Standards Body 72 and transfer of information 28, 33 and Police Services 26, 27, 28 and Prison Medical Services 34, 55 Aboriginal organisations Aboriginal Arts Board 45 Aboriginal history. See Aboriginal people Aboriginal Community Justice Project 46-47 and Aboriginal Health Services 72 Aboriginal Issues Units and Aboriginal Legal Services 45, 48, 49, 72 and requests to Royal Commission through 47 access to records by 12 accounting for funds by 41, 42 Aboriginal Justice Advisory Committee and adjudication of complaints by Aborigines 49 accountability of Secretariat to 2 and administration and repair of housing 71 establishment of, as independent body 1 and adult education providers 45, 71 information to State Advisory Committee from 1 and alcohol-free workplace policies 60 to be assisted by Secretariat 2 and anti-discrimination legislation 45 and arrest of Aboriginal people 48 arrest protocol and 48

Index to the Recommendations 76 and ATSIC 32, 43, 68, 69 and adult education 71 block release of funds to 41 and AEDP 64 and CDEP 68, 69 and affirmative action 56 and community councils 42, 50 and alcohol and drug use 14-16, 27, 33, 55, 60 and community policing and Police Services 19, 45-50 and anti-discrimination legislation 45 consultation with 9, 21, 23 areas with high population 32, 54, 55, 68 and Corrective Services and education for prisoners 40 and arrest protocol 48 detention protocol and 48 and art and craft work by 45 and drug and alcohol workers 60 artists among 45 and economic goals and development 43, 64-70 as administrators 67 as education providers 43, 45 association with locality of 18 and enterprise development 68 attitude to research into alcohol and drug use 14, 15 and funding from Cwlth, States & Territories 41,42, 68, 70 autonomy of 2 government consultation with 1, 31, 42 bridging course for Police Services and 50 and health 53-58 care of, in correctional institutions 33, 34, 35, 36, 37 and history and culture 12, 34 and CDEP 68, 70 and homemaker schemes 71 and cell visitor scheme, juveniles 53 and housing 71, 72 and community-based health care 54, 55, 60 and Human Rights and Equal Opportunity Commission 45 and community policing and Police Services 45-50 and increased employment 64-70 and Complaints Officer 38 infrastructure for 42 and confidentiality of medical information 55 and juveniles, advice on welfare of 50-51 and Council of Aboriginal Health 58 land councils 42 and Crown land 73, 74 and land needs 73, 74 and cultural differences 54, 67 and liquor legislation and availability 59 and cultural, historical & traditional land 73, 74 local government authorities 42 as custodians 68 and media 44-45, 60 denied bail or held without bail 20 and mining 67 detained needing medical care 25, 26, 27, 34, 35 and National Parks'67-68 detention, protocol for 48 and National Police Research Unit 47 disadvantaged position of 21, 49 and National Standards Body 72 and economic opportunities 64-70 and outstation resource centres 42 and escape from custody 36 and participation in work programs 24 essential services for 42 and payment intervals 42 and family ties 37 performance indicators for 41-42 funding for 43, 69, 70 Plain English to be used regarding funding for 42 and health care service professionals 54 and protective custody and intoxication 48 as health care workers 56, 57 and protocol between police and Aboriginal people 48-49 health of 28, 34, 53-58 and research and development 11, 15,69,70 and health research and statistics 58 and resources to object to liquor licences 59 held in custody without bail 20 and self-sufficiency Unit 68 history of 12, 21, 34, 49, 54, 67,72 and sentencing authorities 22 illnesses endemic to 34 single source of funds for 41 impact of roads on 16 staff training for 32 inappropriate and over-policing of 19, 36 and State Equal Opportunity Commission 45 and increased employment for 64-70, 71, 72 structures of, accepted by Aborigines 42 and infrastructure 72 and support groups within prisons 39 initiatives of 12 and taxation 70 interactions with criminal justice system 1, 2, 22, 49 to be involved in cell visitor scheme 31 involvement in community development 44 to be involved in school education 62 involvement in health care of 55 to develop effective alcohol programs 15 involvement in research of 70 to negotiate with non-Aborigines 18 and juveniles 51-52 to negotiate with police and government on drinking 18 and kinship obligations 37 and tourism 67 in labour market 64 and training of Aboriginal community workers 60 and land needs 73, 74 and training of government workers in culture 45 and language difficulties 54 and truancy 16 life-style of 34 and "2 kilometre " rule in Northern Territory 18 and living standards 73 and views on cell design 32 low income levels for 42 and visits to prisoners 37 and media reporting of Aboriginal affairs 44-45 and women 71 medical conditions in particular locality, of 54 and medical services in custody 27, 34-35 Aboriginal people and mental health 57 and Aboriginal Issues Unit 47 and Ministerial Council on Drug Strategy 14 and Aboriginal Welfare Officers 38 and National Health and Medical Research Council 58 and accountability of Secretariat 2 and National Parks 67-68

Index to the Recommendations 77 and NCADA 15 accommodation needs. See housing objections to autopsy by 8-9 perceptions of alcohol and drug abuse of 14-16 adult education providers. See Aboriginal organisations; Corrective policies and programs which affect 41 Services and Prison Medical Service 34, 35 probation and parole of 25 AEDP provision of housing infrastructure to 16, 70-72 aims, in the private sector 65 provision of roads to 17 and employment strategies 72 as rangers 67 recruitment of, to criminal justice agencies 2 affirmative action in remote and discrete areas 16, 67-68 and Aboriginal staff as health care workers 56 remuneration for service to justice administration 47 and Aboriginal staff in National'Parks 67 and research into alcohol 15 AIC and alcohol data set 15 and restraint of 36 right to apply for bail and review bail decision 20 AIH and alcohol data set 15 and schooling 16 and self-determination 40-44 alarm or intercom . See cell significant numbers before court 22 and socio-economic circumstances of 54 alcohol and other drugs, the harmful use of 14-16, 58-60 and taxation 70 to be employed in medical services 34 alcohol and other drugs and Aborigines to be employed in Police Services 50 Aboriginal and non-Aboriginal organisations and 18 to be notified in writing if arrested 20 and administration data sets 15 to be trained as court staff or interpreters 22 and AIC 15 to educate and inform the community 24, 69 and AIH 15 and traditional associations 67 and alcohol-free workplaces 60 and truancy 16 among urban groups 14 viewpoints and history to be taught in schools 61-64 among youths 14 women and employment 50 and ATSIC 59 as youth workers 51 availability of 15, 59 and beer canteens, 60 Aboriginal people and the police. See Aboriginal people; and care in correctional institutions 33, 34 Police; Police Services and causal links 15 community control and 59 Aboriginal Primary Health Care Unit. See Monash University community workers and licensed premises 58 and cross-cultural awareness 61 Aboriginal society dependence on 15 and access 13 and early intervention programs 60 as it is today 11-13 and employee assistance programs 60 census required 11 evaluative research on 14 consequences of alcohol use 15 extent, causes and consequences of 14-16 consultation required with ATSIC, NAIHO and NAILSS 11 and health care professionals 55 contemporary culture and traditions of 21 inadequacy of single factor explanation 15 and cross-cultural education 38 and liquor licence holders 58, 59 and history, traditions and contemporary culture 12 and liquor sales trading hours 59 and links with and records of family and community 12 longitudinal data on 14 and relations with non-Aborigines today 49 and media campaigns 60 and restoration of community and family links 12 misuse of, Aboriginal concept of 15 to decide action for their own well-being 14 and Northern Territory legislation 59 views to be incorporated in social indicators 11 and Northern Territory Liquor Commission 59 youth and alcohol consumption 14 and objection to liquor licences 59 and petrol sniffing 61 Aboriginal society today 11-13 on reception into custody 28 prevention, intervention & treatment 14,15, 58-61 Aboriginal Student Support and Parent Awareness Program and reduction of licensed premises 59 and Batchelor College 62 regulations and laws restricting consumption of, 17,18 and involvement of Aboriginal people at local level 62 services in correctional institutions 32, 33 and serving intoxicated persons 58 Aboriginal Welfare Officers and "sly grogging" 59 to assist prisoners 38 and States, Commonwealth and Territories prevention 61 and training of alcohol and other drugs workers 61 Aboriginal youth: breaking the cycle 50-53. Seealso juveniles and treatment programs 61 and "2 kilometre" law 18 ABSTUDY financial assistance under guidelines 43 alcohol and other drugs and Aborigines: strategies for change 58-61

Index to the Recommendations 78 Alice Springs to be advised by Aboriginal Justice Advisory Committee 2 Centre for Appropriate Technology 16 to receive Coroner's findings and annual State Coroner 's report 4,5 reduction of licensed premises in 59 Town Council and the Tangentyere Council 43 Australian Bureau of Statistics and data collection 11 amnesty. See warrants and national census 11

anti-discrimination legislation. See legislation Australian Institute of Criminology cooperation of custodial agencies with 9, 19 archives. See State Government ; Territory Government liaison with Coroner's office by 9 responsibilities of 9-10 architectural advice. See housing and infrastructure to compare Australia and other jurisdictions 10 to conduct national survey 9 arrest to define deaths in custody 9-10 Aboriginal Legal Service to be notified of 48 to facilitate communication of research findings 10 circumstances of 8, 36 to formulate national standard on statistical input 9 and duty of care 25 to maintain ongoing statistical data base 9 firearms discharged during 36 to report annually to Commonwealth parliament 9 and juveniles 52, 53 not for breach of non-custodial order 22 Australian Law Reform Commission not to be encouraged by work practices 19 Report on the Recognition of Aboriginal Customary Laws 47 not to increase with police allowances 19 and offensive language 18 Australian Public Service practices and procedures 19, 36, 51 ATSIC to be independent of 41 proceeding by caution or summons , not 32, 51 protocol for 48 autopsy release near place of 20 and Aboriginal Health Service 8-9 restraint during 36 Aboriginal objections to 8-9 sanction of last resort 19 conduct of 8-9, 32 and consultation with Aboriginal Legal Service 8 assimilation . See police officers granting of 20, 53 inappropriate restrictions on or refusal 20, 53 Assistant Commissioner of Police and juveniles 52, 53 to select investigating officer 7 legislation requiring monitoring and amendment 20 ordered by Coroner 8 ATSIC police administrators to monitor 20 and beer canteens 59 police officer to review refusal of 20 boundaries of 11 prerequisite for coronial inquiry 8 and CDEP Scheme 68, 69 Commissioners of 1 barristers. See lawyers consultation with Australian Bureau of Statistics 11 data set on alcohol use 15 baseline data on alcohol and DEET 69 to be established by National Drug Abuse Data System 15 and drug and alcohol community workers 60 and economic development 64 behaviourally disturbed. See mental health and employment 65 blood alcohol levels . See breath analysis equipment and Enterprise Program 66-67 as independent employing authority 41 body and information on schemes 68 burial of 37 and NAIHO 11 removal and return of 8-9 and NAILSS 11 viewing of, by family or representatives of family 6 on use of alcohol 14, 59 and regional boundaries 64 breach and Regional Councils 1, 43, 64 of dept instructions, Police and Corrective Services 25, 39 regional plans for 11 of discipline by police 13, 29 and resources for Aboriginal communities 59 of non-custodial order 22 training for people elected to 43, 69 proceedings for, by summons or attendance notice 22 use of census by 11 breath analysis equipment attendance notice use of, at reception of people in custody 27 alternative to arrest 51 for breach of non-custodial order 22 Brewarrina Museum 12

Attorney General Complaints Officer to report to 38 Department of, within Secretariat 2

Index to the Recommendations 79 brief for inquest. See lawyers cells aid summoned to 29 budgetary allocations in infrastructure. See infrastructure alarm or intercom in 30 checks to be by direct visual surveillance 30 burial. See body community living and 37 design of 32 Capital Works Subsidy Scheme 17 detention of intoxicated people in 17 environment in 37 cardiac massage. See resuscitative measures equipment in, and self-harm 36 guards of, to have specialised training 29 care hanging points in 36 Aboriginal people and alcohol 55 information on people in 10 Aboriginal welfare Officers to assist prisoners in 38 no-one to be detained if no officer to check on 30 alternative places for 18 screening form before person placed in a 26 Complaints Officer for prisoners in 38 substandard accommodation in 32 in custody or detention 3, 26-32, 34-38 instructions on to be mandatory 26 cell visitor scheme juveniles and 53 and Aboriginal Welfare Officer 38 lack of, leading to death 3, 9, 26 and Complaints Officer 38 and management of persons at risk 33, 34 and juveniles 53 and medical services 25, 27, 28, 29, 32, 33, 34, 35 participants to be approved by Aboriginal communities 31 officer must be available to offer 30 and re-design of cells for personal interaction 32 of intoxicated persons 17,18, 28, 31, 32,33 to be introduced 31 policies and protocol, 8, 26, 27 , 28, 29, 30, 31, 32, 34, 35 quality of, for deceased before death 8 Centre for Appropriate Technology 16 and restraint of prisoners 36 and resuscitative measures 35 ceremonial purpose. See culture services to be accessible and appropriate 32, 33 and treatment and supervision of deceased 4, 8 charges whether custodial officers observed policies about 8 by police for offensive language 18 determination of by JP 21 care and supervision . See juveniles and self-harm 36 causes of death. See deaths in custody check list to be handed over on shift changeover of police 28 caution as an alternative to arrest 19, 32, 51 Children's Aid Panels formal, as an alternative to prosecution 19, 51 in South Australia and Western Australia 52 informal 51 and juveniles 52 in presence of adult 51 civil law reform 22 CDEP and Aboriginal community control 69 claims and Aboriginal Enterprise Incentive Scheme 69 not to be argued out of time 2 and Aboriginal organisations 68, 69 to be negotiated not litigated 2 and administrative and financial management support 69 and AEDP, 72 Commissioners and ATSIC 68, 69 findings as to deaths 2 and DEET 69, 72 of ATSIC 1 and Department of Finance 69 and employment strategies 72 Commission records and Enterprise Program 69 to be held in archives 13 and equity considerations 69 and financial control systems 69 Committee Against Torture and funding 68, 69, 70 petition to 73 and housing 71 and information dissemination 70 Commonwealth Department of Employment, Education and Training. See and labour market policy programs 65 DEET and municipal and other social'services 69 Scheme extension and 68 Commonwealth government Scheme review and 69 and Aboriginal accounting for funds 41, 42 and social services 69 and Aboriginal funds through single source 41 and training and employment 68, 69 and AIC 15 and unemployment benefits 69 and AIH 15 and women 69 and alcohol 60, 61 and work programs 69 and ATSIC 15, 41, 66-67

Index to the Recommendations 80 and block grant funding 41 Aboriginal organisation representative on review 49 and Committee Against Torture 73 body investigating independent of Police Services 48, 49 and Commonwealth Local Road Fund 17 complainants name to be confidential 48 and Convention Against Torture and Other Cruel, Inhuman and documents from Police Service available to 49 Degrading Treatment or Punishment 73 hearing of, to be public 48 and data sets on alcohol use 15 legal assistance for complainant 49 and delivery of program by Aboriginal organisations 41 no cost for 49 and economic development for,Aboriginal people 64-70 panel includes an Aborigine & Police Union member 49 and essential services 42 police officers investigating to be independent 49 and funding for roads 16, 17 police officers to answer questions , not incriminate 49 and funding for training 43 to be reported annually to Parliament 48 and health of Aboriginal people 53 and Human Rights Committee 73 Complaints Officer and increased employment for Aboriginal people 64-70 for each State or Territory prison 38 and Intern'ti Convention on Civil and Political Rights 73 function of 38 and international obligations 72-73 to report to Attorney General, Ombudsman or Minister 38 and intervals for fund delivery 42 and local government funding to be equitable 43 confidentiality. See health and Ministers of Police 72 and National Parks 67-68 Conservation and Land Management and National Standards Body 72 at Millstream 67 and performance indicators 41 and National Parks 67-68 and petrol sniffing 61 and prisoners' rights 72 consumption of alcohol social, economic and cultural development funded 43-44 consequences of 15 and Standard Guidelines for Corrections 72 in public 17, 18 to explain funding in plain English 42 laws relating to 17, 18 to provide access to archives on Aboriginal history 12 contemporary culture. See Aboriginal culture communities. See Aboriginal communities Convention Against Torture and Other Cruel, Inhuman and Degrading community councils . See Aboriginal organisations Treatment or Punishment and article 22 73 Community Justice Panels at Echuca 47 convictions elsewhere in Victoria 47 as a juvenile 21 funding for 47 expungement of juvenile 21 removal of past 21 community justice programs . See Aboriginal organisations Coroner. See also State Coroner community policing. See Aboriginal communities; Aboriginal organisations; appointment of, to inquiry 6 police; and Police Services authorising and conducting post mortem 6 and direction on viewing of body 6 community service order directions in writing 6 breach of 24 directions sent to family and Aboriginal Legal Service 6 and correctional authorities 21 having legal power to require police report 7 dollar value as much as day in prison 22 and investigators inquiring on behalf of 6 for fine default 22 lawyer assisting 6 not to be at community expense 24 matters to be investigate by 6 performance of 21 to be advised by family & community and organisations 9 to be advised of progress by lawyers 7 community work program to be guided by protocol 9 as condition of non-custodial sentencing order 24 to be Stipendiary Magistrate 3 of benefit to Aboriginal community 24 to direct additional steps 7 to have evidentiary basis 8 confidentiality to obtain clear advice from family 5 between prison medical staff and prisoners 34 to resolve disputes between lawyers and police 7 right to 2 safe-guards to ensure 28, 33 Coroner's findings copies for persons deemed appropriate by Coroner 4 conflict of interest copies to be provided and published 4 between rights of individual and Aboriginal community 23 copies to Minister of the Crown 4 separate legal representative for 23 copies to State or Territory Attorney General, Justice Minister 4 responses to, within 3 months 4, 5 complaints against police . Seealso police; Police Service to be reported by, annually 5 Aboriginal community on complaints body 49

Index to the Recommendations 81 Coroner's office and monitoring of probation and parole 25 staff of 6 officers and administrators of 33 to be helpful and polite 6 officers to be courteous to prisoners 39 to be notified of death 3 officers to be trained in cross-cultural awareness 38 to establish and maintain data base on deaths 9 officers to be trained in restraint techniques 36 to liaise with Australian Institute of Crime 9 and placement of prisoners near family 37 to provide copies of Coroner's findings 4 and Police Services 36 to provide information to Aboriginal Legal Service 6 and policies and procedures for persons in custody 26 , 27, 32, 33, to provide information to deceased's family 6 34 to provide information to lawyers 6 and prisoners' request procedures before officers of 39 screening procedures for officers 38 coronial inquest and segregation issues 39 Aboriginal Legal Service to be notified 5 and state departments of employment and education 40 deceased's family to be told time and place 5 support schemes of 23, 25 teaching methods for Aborigines to be appropriate 40 coronial inquiries to check for harmful equipment 36 conduct of 3 and training of officers in duty of care 25 and deaths in custody 4 and transfer of information with police 28 and need for autopsy 8 and transfer of prisoners 37 and work by prisoners 40 correctional authorities and community service 21 costs of legal representation and family visits to correctional institutions 37 at inquest 5 and guidelines on information exchange on health 33 of family of deceased 5 and informed care of prisoners 33, 34 and protection of people at risk 34, 36 Council of Aboriginal Health (proposed ) to advise Australian Institute of Health 58 correctional institutions and Aboriginal support groups within 39 counsel. See lawyers Aboriginal Welfare Officer and 38 accommodation in 37 counselling Complaints Officer and 38 Aborigines, training as youth workers and 51 equipment and facilities in 36, 37 of offender 21 health care available in 32, 33, 34, 35 programs for Aboriginal prisoners 33 health services to be adequately resourced 32, 33 to be funded for relatives, kin and friends 2 and medical assessment within 72 hours 35 and medical services in 27, 33, 34, 35 court appearance and segregation 39 by Aborigines 5 and Standard Guidelines for Corrections 72 by lawyers 23 standard of care in 33, 34, 36 frequency of 22 and 24-hour access to medical and nursing staff 32, 34, 35 when interpreter needed 22 visits to 37, 38 court order. See also community service order Corrections. Ministers for. See Commonwealth, State, Territory for breach of community service order 24 governments profile on 10 non-custodial 10 Corrective Services and Aboriginal communities and organisations 40 courts and Aboriginal Health Service 28, 33 communication with community 46-47 and Aboriginal Legal Aid 28 sentencing options available to 25 and Aboriginal prisoners' education 40 and Aboriginal staff recruitment 39 court service, people who work in and accommodation in correctional institutions 37 Aboriginal people to be trained 22 and adult education providers 40 in contact with Aboriginal people 21 and breach of instructions 26 to participate in training and development 21 and de-briefing sessions after incidents 26 and educational and cultural services to prisoners 39 crime prevention and 1 or reduction and equipment and facilities for causing self-harm 36 and community justice programs 47 and facilities for visits to correctional institutions 37 enhancing Aboriginal self-management 2 firearms and 36 programs for 2,20 and health authorities 28, 33 and liaison 20 and health services, Aboriginal people in custody 33, 34 and information relating to care of prisoners 36 criminal behaviour infrastructure of 25 whether death occurred as a result of 8 and medical services for people in custody 27, 32, 33, 34 and minimum standards for segregation 39 Criminal Investigation Branch 7

Index to the Recommendations 82 criminal justice lack of proper care in 3, 9, 25, 26, 27, 28, 29 Aboriginal perceptions of and interaction with 1, 2 lawfulness of 8 agencies and Aboriginal recruits to 2 medical assessment on reception into 34, 35 matters for advice 1 medical emergencies in 26, 29, 35 operation of system of 2 medical services to persons in 26, 27, 29, 32, 33, 34, 35 proposals for change to policies on 2 minimum standards for segregation facilities in 39 system and juveniles 14, 50-51 need for flexible 32 protective 48 criminal law reform 22 rates in certain areas 17 reduction of numbers of people in 19, 32 criminal record resuscitative measures in 35 expunging of 21 and risk assessment 26, 27, 28, 29, 30, 31 removal of past conviction from 21 and screening form 26, 28 security arrangements in 37 cross-cultural education segregation in, to be avoided 39 for correctional officers 38 suicides in 26 and surveillance of detainees 30 Crown land transfer of persons in 37 on lease 74 treatment of Aboriginal persons in 25-36, 72 unalienated 73 unnecessary --directives, guidelines and rules 19

Crown Law Office customs equivalent in State or Territory 6 of contemporary Aboriginal society 21 solicitor salaried by 6 data base cultural factors. See Aboriginal culture of Aboriginal and non-Aboriginal deaths in custody 9 to monitor summons and arrest procedure 19 Curtin University and NCADA 15 data collections commonality of approach required 10 custodial agencies covering Aboriginal people 10-11 and Australian Institute of Criminology 9 on alcohol and drug use among Aborigines 14 and Minister of Crown 4 using standard methodology 14 custodial authorities deaths in custody lawyer to be independent of 6 and Aboriginal alcohol abuse 15 legal obligations of 3 Aborigines distinguished from Torres Strait Islanders 9 offices of 6 activities prior to incarceration and 8 and reporting of deaths in custody 3 appointment of officer investigating 7 to seek advice of Aboriginal Health and Legal Services 29 and attempts at resuscitation a priority 35 both Aboriginal and non-Aboriginal people to be noted 9 custodial health and safety 25-36 care, treatment and supervision before death 4, 8, 26, 29 causes and circumstances of incarceration 3-9 custodial institutions conduct of officers and 8, 26, 35 in which death occurred 5 Coroner to be guided by protocol 9 responsibility for notification of death 5 Coroner to inquire into 3-4 Corrective Services and 26 custodians of sites. See Aboriginal people; National Parks custodial officers and 8, 35 data base to be maintained 9-10 custody de-briefing after 26 Aboriginals not to be placed alone in 31 definition of 3 Aboriginal Welfare Officer to visit prisoners in 38 dissemination of information on 2 accommodation in 37 duty of care owed prior to death 25 and alcohol 17, 28, 31 and fire-extinguisher 36 care of persons in 25-36, 72 full and adequate inquiry into 6 cell visitor scheme and 31, 37 hanging points and 36 and closeness to family of people in 37 immediate notification of family of 3,5 Complaints Officer to visit prisoners in 38 increased risk of 27, 28, 36 conditions in 72 inspection and preservation of scene of 6, 7, 8, 35 Coroner to look into 3 investigation of 3-9 deaths in 2, 3-9, 26, 35 in watch-houses 8 diversion of people from 32 lack of care in custody or detention and 3-9 environment in 2, 32, 36 lawfulness of custody and 8 equipment and facilities in 36 lawyer to be appointed within 48 hours of 6 and first aid courses 35 notification to Aboriginal Legal Service about 5 health services, provision of, in 33, 34, 35 and police investigation per standing order 7

Index to the Recommendations 83 Police Services and 26 not to be alone if possible 31 and post mortem 6, 8 police to act in humane manner towards 29 potential for, in prison 36 regular checks to be made of all in police custody 29, 30 preserving the scene of 7 relatives notified if "at risk" or in hospital 31 and prevention of further deaths 4 requiring psychiatric assessment or treatment 32, 33, 35 relatives of deceased to be spared grief 9 segregation to be avoided 39 and State Coroner's annual report 5 and self-harm 36 to be approached as possible homicide 8 visitors to 37, 38 trauma for relatives, kin, friends by 2 traumatic injuries and 3, 9, 26 detention while detained 3 Aboriginal Legal Service to be advised of 48 within jurisdiction 5 accommodation in 37 alternatives to 17, 18, 32 de-briefing care during 7, 26-30, 31, 33, 35, 36 after death, medical emergencies, suicides 26 deaths in 3-9, 35, 36 facilities in 37 deceased injuries in 3, 28 Aboriginal Legal Service to be notified of 6 intoxicated persons and 17, 28, 31, 33, 48 activities prior to incarceration 8 isolation to be avoided 39 care, treatment and supervision of before death 8 juveniles in 3, 14, 52 custodial officers and 8, 35 police on duty during 7, 28, 29, 30, 35 family of, to be notified immediately 5, 6 protocol for 48 family of, to receive legal representation 6, inquest into 5 development program post-mortem of 8 as condition of non-custodial sentencing order 24 removal and return of body of 8-9 diabetes decriminalisation of drunkenness . Seealso alcohol and other drugs people in custody with 27, 33 implementation of 17, 18 monitoring of 18 disease model of alcoholic 15

DEET disturbed people in custody. See mental health and CDEP 69 current programs 66 diversion from police custody 17-20 and employment 65, 66, 69, 72 DEET and 66 and needs of offenders 66 offenders 66 and preventative, diver priority to be given to 32 diversionary and rehabilitative programs, as alternative to incarceration 66 doctors. See medical practitioners dental services Dodgson, Commissioner provided to inmates 32 and Police Aides Review 50

Department of Education, Employment and Training. See DEET drinking in public. Seealcohol and drugs and Aborigines

Department of Finance drinking problems. See alcohol and drugs and Aborigines and CDEP 69 Deputy Commissioner of Police drugs. See also alcohol and drugs and Aborigines to select investigating officer 7 people affected by, in institutions 33 availability of 15 design and Centre for Appropriate Technology 16 harmful use of 14-16 links with alcohol of 15 detainees and treatment for inmates 33 Aboriginal Welfare Officer and 38 accommodation for 37 drunkenness. Seealso alcohol and drugs and Aborigines careful surveillance of, if alone in cell 31 alternative offences not to be introduced 18 charges of 36 arrests for 18 Complaints Officer and 38 and dry area declarations 17 and family visits 37 economic consequences of 15 health care required by 32, 33, 34, 35 extent of, among Aborigines 5 identified as at risk 30, 33 facility for the care of 17 medical assessment of 34-35 people normally arrested for 18 medical history for 35 to be abolished as an offence 4 more flexible custody arrangements needed for 32 to be decriminalised 17, 18 effects of to be monitored 18

Index to the Recommendations 84 duty of care in prevention and rehabilitation 33, 36 owed to persons in custody 25, 31, 33 involvement of Aboriginal communities & organisations 62 and legal system 62 early release of prisoners NAEP and 61, 64 home detention a means of 25 and natnl strategy for education & training of prisoners 40 and needs of Aboriginal communities 62, 63 Echuca, See Community Justice Panels and needs of offenders 66 payment for Aboriginal teachers and 62 economic opportunity, increasing 64-70 police training 50 policy I and Aboriginal and Torres Strait Islander Commission Act 1989 66 pre-schooling 61 and Aboriginal communities 68, 69 and public sector recruitment 64 and Aboriginal Economic Employment Officer Program (WA) 64 school principals and 62 and Aboriginal organisations 68,69 and sex education 62 AEDP, support to 64 and teaching of Aboriginal & non-Aboriginal students 61-63 and ATSIC Enterprise Program 66-67 and teacher training 62, 63 and ATSIC regional boundaries 64 and CDEP 65, 68, 69 electronic surveillance Commonwealth , State and Territory Government funding for 64-70 alarms or intercom where resources limited 30 community development and 64 not a substitute for personal checks 29 and Conservation and Land Management 67 and cyclical government budgeting 67 emergency . See resuscitative measures and DEET 66 and economic conditions 71 employment and economic planning 69 and Aboriginal Economic Employment Officer program 65 and funding 67, 68, 69 and Aboriginal participation in 63 and housing and infrastructure 70-72 and AEDP 65 72 labour market policy programs and 65, 66 and ATSIC 65, 69 and local and regional economies 69 and CDEP, 68, 69, 71, 72 and local employment promotion committees 66 community development and 64 and mining development 67 and DEET 65, 66, 71, 72 and National Parks 67-68 and fair employment practice 65 and remote communities 70, 71 and governments 65-70 and research 69 and government tendering 65 and self-sufficiency Unit 68 in housing and infrastructure 71, 72 and taxation system 70 and labour market policy programs 65, 66 tourism and 67 in National Parks 67 and training to build infrastructure 72 local employment promotion committees 66 and unemployment relief programs 65 mainstream 68 through expanding economic bases of Aboriginal communities 64 and offenders 66 opportunities for 23, 36, 40, 41, 44, 50, 51, 56, 57, 64-70 educating for the future 61.64 permanent employment and 64 training programs and 65 education and Aboriginal communities and organisations 40 English language Aboriginal community controlled adult education 63 court to be satisfied of competence in 22 and Aboriginal Education Consultative Groups 62-63 difficulties with 54 and Aboriginal Education Workers 63 inability to understand 22 Aboriginal people to assist with 61-64 and interpreters 54 and Aboriginal Student Support and Parent Awareness Program 62 Aboriginal viewpoints & culture & history taught in 61-64 Enterprise Program. See ATSIC, Enterprise Program; CDEP, Enterprise administration of 61 Program and Batchelor. College, Northern Territory 62 bridging course for Police Service entrants 50 epilepsy and civil liberties 62 persons in custody with 27, 33 and Corrective Services 40 curricula at schools 61 equipment assisting self-harm. See self-harming behaviour and DEET 66 and drug and alcohol use 62 escape and governments 62, 63 attempting to 3 and historical educational disadvantage of Aborigines 63 death while attempting to 36 firearms and prevention of 36 prevention of 36

essential services integrated analysis of 16

Index to the Recommendations 85 and Nganampa Health Council 16 freehold land titre. See land needs and UPK Report 16 funds evidence and Aboriginal Affairs budget 47 at inquest 4 and Aboriginal community-based health services 56 Coroner to have all relevant 6-7 Aboriginal delivery of programs 41 and Aboriginal Enterprise Incentive Scheme 69 ethics. See health for Aboriginal Health Services 26, 56 to Aboriginal organisations and communities 12 expenditure on roads Aboriginal people to account for 41, 42 access for Aboriginal people 16 for alcohol research 5 block grant funding for Aborigines 41 expropriation. See police officers and CDEP 69 for cell re-design 32 family of the deceased for cell visitor schemes 31, 37 and Aboriginal Legal Service 5 and Commonwealth, State and Territory governments 41 and copy of post mortem report 6 for Community Justice Panels 47 and inquest 5 for community workers 58 lawyers representing 5, 6 for economic development 69 non-appearance, at inquest 5 and Enterprise Program 69 objections to autopsy of 8-9 for family visits to prisoners 37 prisoner's right to appeal if transferred away from 37 for homemaker schemes 71 representatives of 6 for justice matters 47 to be close to prisoner 37 for juveniles 51 to be informed on inquiry 6 for land needs for Aboriginal people 73, 74 to be notified if person at risk" 31 for lawyers 23 to be spared grief 9 for local government to be equitable 43 to conduct further post mortem 6 from governments for counselling 2 to engage independent medical practitioner 6 intervals for delivery of 42 to have independent observer at post mortem 6 for Julalika Council 47 to receive copy of directions, Coroner or State Coroner 6 for National Aboriginal Health Strategy 58 to view body 6 and National Aboriginal Language Policy 12 to view scene of death 6 performance indicators for funding 41 visits to persons in custody encouraged by police 31, 37 Plain English to be used to explain 42 remuneration, involvement in justice administration 47 findings of the Commissioners as to the deaths 2 for research 69 for roads 17 fine default for social, economic and cultural development 43-44 alternative sanctions for 25 community service and 22, 24 funerals imprisonment not to be automatic because of 25 prisoner's right to attend 37 person held for 10 warrants of commitment due to 25 government policy education of society 1 firearms reconciliation 1, 74 discharge to arrest or prevent escapes 36 laws relating to 36 governments . See also Commonwealth , State and Territory and restraint techniques 36 and Aboriginal communities 1, 31, 70, 71 and training in weapons retention 36 and Aboriginal community -based health services 56 and Aboriginal employees 23, 34 fire-extinguisher and Aboriginal juveniles 14 death from fumes of 36 and Aboriginal Legal Services 23 and Aboriginal organisations and new strategies 4, 31 first aid access to records of 12 refresher courses for prison officers 35 agencies of, and truancy 16 and amnesty on warrants 25 fishing. See National Parks attitude to recommendations 1 and cell visitor schemes 31 Flinders University of South Australia and community-based youth program 51 NCADA at 15 and economic development for Aboriginal ; people 64-70 and employment and housing 70, 71 forensic pathologist and firearms 36 for post mortem 8 funding for Aboriginal communities & organisations 41-44 and funding for cell visitor schemes 31 forensic science examination and funding for community policing & justice schemes 47 of scene of death 8, 35 funding to be explained in Plain English 42

Index to the Recommendations 86 and health and medical agencies 26, 34 and National Health and Medical Research Council 58 and housing and infrastructure 70-71 and Nganampa Health Council 16 implementation of recommendations by 1 and non-Aboriginal staff 54 and increased employment for Aboriginal people 64-70 policies and programs for Aboriginal 53 and international obligations 72-73 primary health 54 and juveniles 51 promotion strategies 60 and land needs of Aboriginal people 73-74 research to be ethical 58 laws relating to arrests 36 in rural areas 54 laws relating to firearms 36 and safety of prisoners 33, 35 and negotiation of terms for advisory committees 1 services within correctional institutions 32, 33, 34, 35 and public works 71 State government and 53 and reduction of numbers in custody 32 territory governments and 53 not to argue claim out of time, but negotiate 2 transfer of information on prisoner's 35 Secretariat to advise 2 and UPK 16 and self-sufficiency 68 and severing of Aboriginal family links 12 health, towards better 53-58 and tenders 71 to abolish public drunkenness law 17, 18 health care professionals to avoid litigation on deaths 2 and attitude to Aborigines and alcohol 55 to consider expunging criminal records 12 and communication with Aboriginal people 54, 55 to employ Aborigines in health services 34 and confidentiality 55 to ensure information is recorded 24 in-service training of 54 to ensure imprisonment not automatic on fine default 25 and operation with Aborigines 57 to establish and maintain non-custodial facilities 17 pre-service training of 54 to legislate for prison as last resort 20 primary health care and 54 to monitor bail legislation 20 in rural areas 54 to negotiate on public drinking 18 and tertiary training institutions and Aborigines 56 to proscribe racial vilification 46 to provide funds 6, 22 health departments to publish information on people in police cells 10 and Aboriginal people 54, 55 to recruit and train Aborigines as court staff 32 and exchange of information with prison medical staff 33,35 to recruit and train Aborigines as youth workers 51 and Monash University 54 to recognise pain of relatives 2 and procedures for transfer of information 28 to work with Aboriginal Legal Service 20 and tertiary training institutions 56 to work with Police Services 19 and use of breath analysis equipment 27 and training 71 and youth workers 51 heart disease persons in custody with 27, 33 health. See also mental health and Aboriginal Health and Medical Services 55 history. See Aboriginal people of Aboriginal people in custody 26-30, 32, 33, 34, 35 of Aboriginal population 28, 34, 53-58 home detention and Aboriginal staff 56 as a sentencing option and for early release 25 and Aboriginal statistics 58 and alcohol 4, 15, 33, 59, 60 and Australian Institute of Health 58 homicide care approach to Aboriginal people 53-58 inquest to consider death as a 8 care services and Aboriginal people 53-58 care staff and Aboriginal people 53-58 hospitals care to be of equivalent standard in custody to public 32 and Aboriginal Health and Medical Services 55 characteristics of Aboriginal population 11, 34 and Aborigines on boards of 55 Commonwealth government and 53 and diagnosis and treatment of Aborigines 55 and community-based care 54, 55 and early intervention programs 60 concerns affecting Aborigines 58 and health care staff at 54 conditions of Aboriginal people 54 information to be transferred to prison staff 35 and confidentiality 55 and liaison officers 56 and Council of Aboriginal health 58 relatives to be notified if person taken to 31 diagnostic facilities and 55 in rural areas 54 early intervention programs 60 therapeutic team at 55 and funding fro research 58 unconscious people to be taken to 29 and hospitals 29, 35, 54, 55, 56 information on 53 hostels. See housing and infrastructure and integrated analysis 16 and mainstream facilities 54, 56 hotels and medical services 27, 29, 30, 32, 33, 34, 35 exclusion from 13 and National Aboriginal Health Strategy 58

Index to the Recommendations 87 housing and infrastructure 16, 70-72 and Corrective Services authorities 25 accommodation surveys and 70 and cultural perceptions 16 and administration and repair of stock 71 for Aborigines 16 and CDEP 71 for support 24 and the community 70 innovations in 16 design and location of 16 integrated analysis of 16 and hostel accommodation 70 inventory of needed 11 inadequacy of 73 and UPK report 16 and local labour 71 and management, admin. & housing support needs 70 illness and needs of housing organisations 71 in custody 26,33, 34 and Nganampa health Council 16 prisoners at risk through 26, physical housing needs 70 prisoners suffering serious 33 provision of, by government 16, 71 in remote areas 70 inalienable Crown land. See land needs to take account of cultural perceptions 16 and Tangentyere Council 71 injuries and tenders 71 as a result of attempted detention 3,9 and training of local persons 71 and breach of duty of care 25 and UPK report 16 causing or contributing to death 3 equipment causing 36 human rights. See prison custody fatal 3, 9 in custody 25, 26, 34 Human Rights and Equal Opportunity Commission physical or mental condition creating risk of 28 and Aboriginal Legal Service 45 prisoners at risk through 26, 28, 34, 36 and Aboriginal organisations 45 traumatic 3, 9 and anti-discrimination legislation 45 and petition to 73 inquests and circumstances of death 4 hunting. See National Parks and Coroners 3 evidence to be taken at 4 imprisonment findings and recommendations of Coroner at 4 alternatives to 66 legal representation at 6 not automatic on fine default 25 need for formal public 4 orders other than 24, 25 notification of deceased's family about 5 Police or Corrective Service officers involved in 25 not to proceed in absence of family unless notified 5 subject to determination by judge or magistrate 24 parties attending 4 and state authorities 4 imprisonment as a last resort 20-25 and state Minister for Justice 4 imprisonment of juveniles. See juveniles inquiries complexity of 6 incarceration. See imprisonment conduct of 6 and Coroner or State Coroner 3, 6 records in state in which inquiry held 13 independence of bodies investigating complaints against police 48 Internal Affairs Unit of medical practitioner at post mortem 6 selection of officers from 7 of observer at post mortem 6 of police from officers with investigation 7 International Convention on Civil and Political Rights of police investigating complaints 48 and Optional Protocol 73 of solicitor or barrister assisting coroner 6 international obligations, conforming with, 72-73 information exchange between prison medical staff and outside agencies 33, 34 interpreters transfer between Aboriginal Health Services and police 27 Aboriginal people to be trained as 22 transfer between Police and Corrective Services 28, 36 when needed 22

information, adequacy of 9.10 interrogation. See police officers, interrogation by for Aboriginal Legal Service 6 for family of the deceased 6 intoxicated persons. Seealso alcohol and drugs and Aborigines for lawyers 6 and alternative places for them 17 to be monitored nationally 9 care and treatment of 17, 27, 28, 33 and detention in police cells 17, 33 infrastructure offence to serve 13 and CDEP 69 protocols in the care of, in prison 33, 34

Index to the Recommendations 88 review of practice required 31 and interrogation at police station 53 to have regular meals 31 in welfare and criminal justice systems 14, 50-51 parent to be present with 53 investigations post death 3-9 police treatment of 3, 13 highly qualified officers to conduct 7 and restitution 52 by police 7 and Screening Panel 52 progress of 6 and social and cultural factors 16 to ensure custodial officers observed policies 8 treatment of 14, 16 to examine scene of death 8 and youth program.ds 51 to include inquiry on lawfulness of custody 8 when intoxicated 17 to inquire into general care, treatment and supervision 8 to provide evidentiary basis 8 Kaurna people in South Australia 12 to view death as possible homicide 8 labour market. See employment; economic opportunity investigators conduct of 7 land needs 73.74 and Coroner or State Coroner 6 and Aboriginal communities 73-74 to be frank, polite and helpful 6 and Aboriginal reserves 74 to provide information to Aboriginal Legal Service 6 and Crown lands 73, 74 to provide information to family of deceased 6 and freehold titre 73-74 to provide information to lawyers 6 and funding 74 and land title 73 journalism. See media and leases 74 legislation on 73 judicial officer Coroner to be a senior 3 land within National Parks. See National Parks in contact with Aborigines 21, 24 to participate in training and development program 21 language. See English language

justice. See criminal justice law reform and Aboriginal Legal Service 22 justice matters. See Community Justice Panels lawyers Justice, Minister for barristers for complex matters 6 Complaints Officer to report to 38 can be salaried officer of Crown Law office 6 of State or Territory where inquest is conducted 4 communities without access to 23 to be advised by Aboriginal Justice Advisory Committee 2 and Coroner 6, 7 to receive annual reports from Coroner 5 and disputes with police investigators 7 to receive copies of Coroner's findings 4 government to pay reasonable costs of 6 Secretariat location within 2 and police 6, 7 representing family of deceased 5, 6 Justices of the Peace through legal aid schemes 6 and bail for juveniles 52 to be independent of custodial authorities 6 to be a Magistrate, for prisoners' offences 39 to ensure full and adequate inquiry 6 to be phased out of penalties area 21 to have time to prepare cases 23 to require police to investigate further 7 juvenile centre, See juveniles, detention centre for to review conduct of investigation 7 juveniles lease-back arrangements. See National Parks and Aboriginal Legal Aid 53 alcohol consumption of 14 leases. See land needs and arrest 51, 53 and bail, 53 legislation care and supervision of 53 Aboriginal and Torres Strait islander Commission Act 66 caution first step with 51 and alcoholic beverages 59 caution to be given with parent present 51 and alternative sanctions 25 and cell visitor scheme 53 anti-discrimination, utilising 45 and Children's Aid Panel 52 and arrest procedures 36 conviction as 21 and bail 20, 52 deaths of 9-10 and breach of community service order 24 detention and imprisonment of 3,9, 10, 14, 25, 36, 52, 53 and community workers and licence holders 58 detention centres for 25, 36, 52 Commonwealth, State and Territory, community councils incorporated duty of care owed to 25 under 42 escape from detention of 3, 10 and complaints against police 4849 expungement of record as 21 and consumption of alcohol 13, 17, 18, 58 holding homes 53 and Crown land 73

Index to the Recommendations 89 decriminalising drunkenness 17, 18 medical conditions and fine default 25 of Aboriginal people 54, 55 and firearms 36 people in custody with 27, 28, 33, 34, 35 and imprisonment 24, 25 police officers with information on 28 improvements needed 10 and indirect discrimination 45 medical history on interpreters 22 files to accompany prisoner on transfer 35 and juveniles 50-51, 52, 53 medical assessment to include 35 and land needs of Aboriginal people 73 on licensing 13, 59 medical needs on liquor and trading hours 59 of people in custody 27, 28, 29, 32, 34, 35 monitoring of, needed 10 and non-custodial sentencing options 24, 25 medical practitioners and prisoners' rights 72 and Aboriginal health 54 and racial vilification 46 and aerial medical services 57 and "sly grogging" 59 and information on Aboriginal patients 55 and Statute of Limitations 2 in prison, & external health & medical agencies 33, 34, 35 and statutory duty to consider capacity to pay fines 25 and medical assessment of prisoners 34, 35 to enforce imprisonment as a last resort 20 professional 34 Victorian Corrections Act 1986 in rural areas 54 24-hour access to 32, 34, 35 Link-up to attend police watch-houses 26 and reestablishment of family, community links 12 to be called by prison officers 34-35 to see prisoner within 72 hours of reception 35 liquor licence holders. See alcohol and other drugs and Aborigines training for 54, 55 unconscious prisoners to be taken to 29 living space Aboriginal cultural perceptions of 16 medical services. See health; Prison Medical Services

Local Advisory Committee medication terms of reference of 1 people in custody requiring 27, 33 local government mental health. See also health committees with or without status 17 Aboriginal people to be involved in policy for 57 councils, Aboriginal 17, 42 employment of Aborigines in 57 councils, mainstream 17 linking of services with other health services 57 equitable distribution of funding 43 national policy for 57 funding for, Commonwealth, State and Territory 42-43 of people in custody 27, 28, 29, 30, 33, 34, 35 relative to Aboriginal population 43 poor level of health services for 57 lockups. See cells; detention; police custody services for Aboriginal people 57 training of professionals in 57 log books. See police, logbooks mental health services longitudinal data on drug use 14 for people in correctional institutions 32, 33, 35 magistrates Millstream. See Conservation and Land Management' and juveniles 52 and Northern Territory Dept of Correctional Services 46 mining to deal with prisoners' offences 39 and Aboriginal interests in 67 to make orders rather than to imprison 24 Minister for Aboriginal Affairs meals and Commonwealth road funds 17 all persons in custody to have regular 31 Minister for Corrections media and prisoners' rights 72 Aboriginal organisations 44 and alcohol campaigns 60 Minister for Local Government annual award for excellence 44 and Commonwealth road funds 17 codes, policies on presentation of Aboriginal issues 44 employment of Aborigines in 44 Minister for Police journalism courses and 44-45 and police custody 72 monitoring bodies and 44 unions and industry 44-45 Ministerial Councils and ATSIC 12 commonality of approach of 10

Index to the Recommendations 90 on drug strategy 14 National Police Custody Survey and NCADA 14 similar survey every 2 to 5 years 10

Minister of Crown National Police Research Unit protocols to receive approval of 28 and Police Services 47 to provide responses to Coroner or State Coroner 4 and Aboriginal communities 47 to provide responses to parties to inquest 4 to receive Coroner's findings 4 National Standards Body to receive responses to Coroner's findings 4 and Aboriginal Legal and Health Services 72 to report annually to State and Territory parliaments 4 and Aboriginal prisoners in custody 72 and legislation 72 Monash UniversityNictorian Aboriginal Health Services and Standard Guidelines for Corrections 72 Aboriginal Primary Health Care 54 national surveys monetary penalty Australian Institute of Criminology to do 10 and capacity to pay 25 comparing Australia with other jurisdictions 10 and time to pay 25 funding for 10 of pre-release and post-release support schemes 23 monitoring of implementation of recommendations social, demographic, health and economic areas 11 to be public 2, 18 to use uniform procedures and methodologies 10 morbidity National Task Force and alcohol use 15 to be established by ATSIC 14 mortality Nature Reserves. See National Parks and alcohol use 15 NCADA (National Drug Abuse Data System) mouth-to-mouth resuscitation. See.resuscitative measures and baseline data 15 and Ministerial Council on Drug Strategy 14 municipal and other social services. See CDEP and monitoring changes in alcohol use 15 and research into Aboriginal issues 15 NAEP (National Aboriginal and Torres Strait Islander Education Policy) to identify priorities and methods 15 extending to pre-schooling 61 to include Aboriginal parents and community members 64 negotiation to strengthen Aboriginal identity 64 between Aboriginal and non-Aboriginal organisations 21 between custodial agencies and Australian Institute of Criminology NAIHO 9 consultation with 11 to be used to settle claims 2 with Police Services and Aboriginal organisations 19, 28 NAILSS consultation with 11 New South Wales SWOS and TRG units review of 13 National Aboriginal Health Strategy 14, 58 funds for 58 Nganampa Health Council and integrated analysis 16 National Aboriginal Language Policy and UPK report 16 and funding of 12 non-Aboriginal community, relations with 13, 21 National Health and Medical Research Council and introduction to history and culture 12 and health research ethics 58 and statistics on deaths in custody 9-10 and research into health 58 and "2 kilometre" rule 18

National Parks non-conviction as adult 21 access to, for hunting, fishing and ceremonies 67-68 and Commonwealth government 67 non-custodial facilities and custodians 68 to be established and maintained 17 and excision of land in 67 and land title 67 non-custodial court orders and lease-back arrangements 67 administration of 22 and management 67 breach of 22 and Nature Reserves 67 to reduce numbers in cells 32 and rent 67 and rights and interest of Aboriginal people in 67-68 Northern Territory and State government 67 and Aboriginal health workers 57 . See also Aboriginal people; and tourism 67 Batchelor College and self-sufficiency Unit 68

Index to the Recommendations 91 Northern Territory Department of Correctional Services. Seailso organ removal and burial 8 Corrective Services and Aboriginal Community Justice Project 4647 outstation resource centres. See Aboriginal organisations and consultations with Aboriginal communities 47 and liaison officer positions 46 overpolicing 19 and meetings with Magistrates 46 para-medical agencies Northern Territory government See Territory government and medical assistance for persons in custody 27 and police 27 Northern Territory Liquor Commission and Aboriginal membership 59 para-military forces review of use of 13 Northern Territory Police Service and other Police Services 49 Parliament School-based Program to be studied 49 complaints body to report directly to 48 State Coroner's annual report to 5 notification of deaths in custody and inquest 5 parole preferably by an Aboriginal person 4 monitoring of 25 responsibility of custodial institution for 5 officer, youth worker as 51 to be immediate 5 opportunities for 25 to be in person and done frankly and sensitively 5 people working in, to do training 21 nurses pastoral land . See land needs and Aboriginal health care 54 and medical assessment 34-35 pathologist for post mortem 8 prisoners to be taken to, if unconscious 29 and Prison Medical Services 34, 35 petrol sniffing. See alcohol and other drugs and Aborigines in rural areas 54 to attend police watch-houses 26 photographs to see prisoners with 72 hours of reception 35 of scene of death, in colour 8 training for 54 24-hour access to 32 physical condition of person in custody 28, 29, 30, 34, 35 offences fine default 25 police administration. See Police Services formal cautions instead of prosecutions for 21, 32 involving alteration of imprisonment 39 police, relations with 13-14, 46-50 and juveniles 51 minor 18, 51 Police Aides Review (1987) options other than arrest 19, 32 and Commissioner Dodgson 50 persons charged with, instead of drunkenness 18 and police aides in Western Australia 50 prisoners, to be heard before Magistrate 39 range of sentences for 22 police cells. See cells sanctions for 19, 21, 25 and self-harm 36 police custody and use of offensive language 3, 18 and custodial facilities 72 medical assessment of Aboriginal prisoners in 34, 35 offenders medical assistance for people in 27, 28, 29, 33, 34, 35 and Aboriginal communities 66 monitoring of people in 29, 30 capacity to pay of 25 and persons at risk 27, 28, 30, 33 civil rights of 22 reception of people into 26, 34 and DEET 66 and risk assessment 26, 27, 28, 29, 30, 33, 34, 35 employment, education and training needs of 66 and screening form 26, 33 and fine default 25 legal rights of 22 police custody, diversion from 17-20 no arrest for breach of non-custodial order 22 data collections on 10 to do courses to lessen chance of offending 21 legislation, attitudes, policies and procedures on 10 to perform community service 21 police investigations Ombudsman conduct of 7, 8 Complaints Officer to report to 38 Coroner and 7 and custodial officers 1 orders and deaths in custody 3-9 for probation and parole 25 and deaths in watch-houses 8 and lawyer assisting Coroner 7

Index to the Recommendations 92 and officer in charge of 7 and Police Service directions on community policing 46-50 to be independent 7 and powers of release 20 to examine scene of death 8 and prohibited behaviour 13-14 to include custodial care , treatment and supervision 8 and protection 49 to inquire into apprehension or arrest 8 and racism 38, 52 to inquire into incarceration 8 and recording and transfer of information 28, 30 to provide evidentiary basis 8 and restraint techniques 36 risk assessment by 26, 28 police lockups. See cells screening form and 26, 28 and selection of investigating officers 7 police officers and suicide of persons in custody 26 and Aboriginal women 50 supervisors role to be examined 19 and aides 50 to be independent when complaints investigated 49 and history of contact with Aboriginal people 49 to be trained by police admin. 19, 26, 28, 29, 30, 35, 38 Aboriginal Legal Service notified of arrest, detention of Aboriginal to consider alternatives for intoxicated persons 17 persons 48, 53 to encourage family and friends to visit 31 allowances not to increase arrests by 19 to monitor mental and physical health of detainees 29, 30 to arrest procedure to be overseen 19, 36 negotiate on public drinking 18 and assimilation 49 to preserve scene of death 7 attempting to detain Aborigines 3,9,10 to record prisoner's mental and physical health 30 and attempts to escape 10 to use arrest as last resort 19 and bail denied or made impossible by 20, 52 and Union 49 and bail to be expedited by 52 and watch-houses 8, 26, 29 breaches of discipline by 13 and weapons retention 36 and bridging courses 50 as witnesses 7 and cell visitor scheme 31 work processes to be reviewed 19 and checking of prisoners 29, 30 Chief Commissioner, Dpty or Assistant Commissioner of 7 Police Services and community policing & relations with Aborigines 46-50 and Aboriginal communities 46-50 complaints against 48-48 and Aboriginal employment 48, 50 compliance with directions 19 and Aboriginal Health Services 27, 28 and cross-cultural awareness 38 and Aboriginal Legal Services 27, 28, 48-49 custody, escape while in 3,10 and Aboriginal women 50 deaths in the custody of 7, 9, 10, 26, 35 administrators and police directions , guidelines 19 de-briefing of 26 administrators to reduce unnecessary custodies 19 derogatory comments in log books 3 administrators to review summons process 19 and design of cell for interaction with detainees 32 administrators to work with governments 19 and differences between urban and rural practice 18 and bail legislation 20 and discrimination and harassment 46 and breath analysis equipment 27 as enforcement agents of old policies 49 cell guards, to have intensive training 29 and employment of Aboriginal people 50 and cell visitor schemes 31 and escapes 36 collaboration with Aboriginal organisations by 19, 27 and expropriation 49 community policing 46-50 and family visits to prison 36 and complaints against police 48-49 fatal injury in custody of 9, 10, 26 and Corrective Services 27, 28, 36 and firearms 36 and de-briefing 26 handover of shift to include medical information 28 detainee not to be alone in cell 31 inappropriate action by 19 detainees to be treated humanely 29, 37 and informed care of prisoners 33 and discrimination and harassment 46 in remote areas 19 documents to be available to complaints body 49 Internal Affairs unit and investigators 7 and facilities in prisons 37 and interrogation, 53 and health departments 27, 28 interventions initiated by 18 and medical services for persons in custody 27, 29 investigators responsible to a senior officer 7 medical staff not responsible to 34 and juveniles 36, 52, 53 and National Police research unit 47 liaison and training for crime prevention 20, 50 and Northern Territory Police Service School-based Program 49 and log books, racist comments in 13 and notification of arrest, detention 48 mandatory to notify relatives of "at risk" person 31 policies and programs for aboriginal people 48 and medical agencies 27 policies, procedures , persons in custody 26, 27, 28, 29 and medical attention required by prisoners 28, 29, 33, 35 and review of resources 19 not to detain persons in cells if alternative 18 and security 37 not to place an Aboriginal detainee in a cell alone 31 and training courses on police and Aborigines 49 officer to review another's bail refusal 20 to adopt principle of arrest as last resort 19 on duty during detention of deceased 7 to discipline 13 and notice for juvenile 's parents 53 to eliminate rough treatment by police 13, 29 and para-medical agencies 27

Index to the Recommendations 93 to ensure people not detained if alternative exists 8 medical staff in 33, 35 to examine use of offensive language charges 18 minimum standards for 39 to monitor effect of decriminalisation of drunkenness 18 monitoring of detainees 29, 30, 31, 33, 35 to permit flexible custody arrangements 32 physical or mental condition of detainee in 28, 29, 32, 33, 35 to record and transfer information 28, 30 segregation in, undesirable 39 to train police not to arrest 20 rights of inmates in 33 to train officers in duty of care 25, 26, 28, 29 shared accommodation in 37 to train police to recognise prisoners at risk 28, 29 standards for 72 time served in 22 police stations to be more flexible 32 alarm connected to 30 training of officers in 38 duties of officer in charge when person arrested 20 equipment capable of causing harm at 36 prison experience 37-40 fire-extinguisher at 36 interrogation at 53 prisoner groups juveniles at 53 and issue of confidentiality 34 officer in charge at 53 officers not to have to take person to 20 prisoners and Aboriginal history and culture 40 Police Union and Aboriginal Welfare Officer 38 complaints review panel to contain person from 49 accommodation of 37 and Complaints Officer 38 policies custodial officers and 8, 27, 28, 29, 30, 35, 36, 37, 38, 39 and Aboriginal alcohol use 15 duty of care owed to 25, 31 and breaches of departmental discipline 26 education and 40 dissemination of information on 2 and facilities for visits 37, 38 improvements in, to be monitored and implemented 10 family ties to be respected 36, 37 on more flexible custody 32 force to be avoided with 36 on record-keeping, on health of detainees 28, 33, 35 health services for 33, 35 research on, affecting Aboriginal people 11 medical assessment required 35 Secretariat's role in 2 minimum standards for segregation 39 and national strategy for education 40 post-death investigations 3.9 not to be alone in a cell 31 and definition of death 3 offence to be heard by Magistrate 38 policies and instructions about 8,27-30, 35, 36, 37, 38, 39 post mortem quality of 4,8,21 authorised by Coroner 6 remuneration for work 40 by forensic or specialist pathologist 8 and requests to officer, procedures 39 independent medical practitioner at 6 restraint and 36 report of 6 rights of 72 segregation of, undesirable 39 pre-schooling . See education; NAEP support groups and 39 surveillance and 31 prevention teaching methods for 40 education in 33 to have proper meals 31 of imprisonment 66 work for 40 primary health care. See health Prison Medical Services and comprehensive medical history 35 prison custody delivery to persons in custody 26 , 27, 32, 33, 34 attempt to detain in 3 and examination by psychiatrist 35 cell visitor schemes and 31, 32 in emergencies 26, 29 community living in 37 staff responsible to medical officers 34 data collections of 10 staff to be trained in resuscitative measures 35 deaths in 3-9, 10, 26, 35 standard of 33 duty of care owed to people 25, 26, 27, 28, 29, 31, 33, 35 subject of ongoing review 34 early release from 25 training for staff of 34, 35 education of officers in 38 to match those of the public 32 equipment in, potentially harmful 36 escapes from 3, 9, 36 prison officers. See Corrective Services facilities for prisoners in 37 family visits and privacy fatal injury in 10, 26 and electronic monitoring cameras 30 health services available in 32, 33, 35 right to 12, 28, 33, 34, 37 humane conditions in 72. Seealso correctional institutions visits in 37 and human rights 72

Index to the Recommendations 94 probation reception of people into custody officer, youth worker as 51 breath analysis equipment and 27 opportunities for 25 procedures 27, 34, 35 monitoring of 25 people working in 21 recidivism to do training program 21 rates of 24

proceedings by way of prosecution reconciliation formal caution as alternative to 19, 32 between non-Aboriginal and Aboriginal people 74 and political leaders and bi-partisan report 74 programs and society 1 addressing Aboriginal use of alcohol 15 affecting Aboriginal people 11 reconciliation, need for 74 dissemination of information on 2 for crime prevention 2 recording of scene of death for establishment of non-custodial facilities 17 in photographs 8 for health and medical care in custody 28, 33, 35 for social control 2 recruitment monitored or evaluated 11 training on, for Police and Corrective Services staff 25 training for prison officers 34 Regional Advisory Committee prosecution terms of reference of 1 alternative to be formal caution 19 rehabilitation protection. See police officers and DEET 66 education in 33 protocols and expunging of criminal records 21 between police, medical and para-medical agencies 27 and juveniles 21 and health care and management of inmates at risk 33, 34 strategies for 24, 66 information transfer, police and Corrective Services 28 provision of roads to be equitable 17 remote areas economic circumstances in 70-71 psychiatrists health care in 54 familiar with Aborigines 32, 34, 35 hostels and 70 mental health delivery to Aborigines by 57 housing and infrastructure in 70-71 training for 57 needs of women in 19 policing in 19 public consumption of alcohol range of sentences in 22 laws regarding 18 and self-sufficiency in 68 sentencing authorities in 22 public drunkenness support needed in 24 to be abolished as an offence 17 rent. See National Parks public interest and autopsy 8 re-offending ways to reduce risk of 21 public sector recruitment. See employment reporting system Queensland State Government and Coroner 5 grants 17 and self-sufficiency 68 representation of Aborigines 22 at inquest 6 racial vilification by Aboriginal Legal Service 6 legislation to proscribe 46 no criminal sanctions for 46 research by Aboriginal Legal Service 22 racist control of Aboriginal people over 11 behaviour of police or prison officers 38 criteria to be adopted 11 language to be eliminated 13 funding bodies for 11 into housing and infrastructure 16 rangers. See National Parks 67 and NCAD training centres 15 priority to alcohol 14, 15 recreation officer programs and policies affecting Aboriginal people 11 youth worker as 51 results to Aboriginal people 10, 11 to establish baseline data 15 to monitor data 15

Index to the Recommendations 95 resources Secretariat health services should have adequate 32 accountability of 2 infrastructure 24 location of 2 personnel 24 maximum autonomy for 2 police allocation 19 role of 2 staff of 2 restitution to assist Aboriginal Justice Advisory Committee 2 and Children's Aid Panel to assist in developing policy proposals 2 and Juveniles 52 to give government informed, independent advice 2

restraint techniques segregation of prisoners and equipment 36 highly undesirable 39 force in, used only when unavoidable 36 minimum standards for 39 training in 36 self-determination and local government 17 resuscitation measures cardiac massage 35 self-determination, the path to 40 mouth to mouth 35 self-harming behaviour risk assessment charges laid regarding 36 made by police 26-31, 33, 34, 36 equipment assisting 36 in custody, needing care 27, 33, 34, 36 risk status if high, checking more frequent 30, 31, 33 self-sufficiency. See economic opportunity of person in custody 27, 30, 31, 33, 34, 35 relatives notified if risk high or detainee in hospital 31 semi-conscious detainees needing care in custody 27, 28, 29 rites 28 carrying out of traditional 9 sentences requests to attend significant family 37 considering defendants capacity to pay 25 consultation regarding 22 roads figures on 10 Aboriginal community having access to funding 16 remand for 10 Commonwealth funding for 17 impact on Aborigines to be considered 16 sentencing authorities and Aboriginal communities 22 rural areas and community service orders 21 health care professional in 54 and non-custodial court orders 22 health care services in 54 and remote communities 22 police practices in 18 support needed in 24 sentencing options views of people from I efficacy of 24 home detention 25 sanctions alternative 25 sites. See National Parks arrest a last resort 19 parole 25 social indicators prison a last resort 20 monitoring and evaluating by 11 probation 25 to reflect Aboriginal views 11 scene of death social problems inspection of 6, 8 of alcohol 14, 15 photography of 8 of truancy 16 preservation of 7, 35 resuscitation measures more important than 35 solicitors. See lawyers right to view 6 seizure of exhibits at 8 South Australia Children's Aid Panels in 52 schooling 16. See also education Kaurna people in 12 Screening Panels in 52 screening form on reception into police custody 26 Standard Guidelines for Correction . See correctional institutions

Screening Panel State Advisory Committee benefits for juveniles of 52 information from Aboriginal Justice Advisory Committee I option between cautions and court 52 terms of reference of 1

Index to the Recommendations 96 State Attorney General street walker and inquest 4 youth workers as 51

State Coroner suicide and deaths in custody 3-9 actual or attempted, in custody 26 to appoint solicitor or barrister to assist 6 de-briefing after 26 to consult with Aboriginal Legal and Health Services 8 equipment used in 36 to develop protocol for inquiries 3, 9 not to be presumed 8 to guide Coroners 3 people at risk 27, 28, 33, 34 to make directions on investigation 6 to make recommendations on prevention of deaths 5 summons to receive responses to findings 4 data base for 19 to report annually to Attorney General or Justice Minster 5 decision for, not influenced by screening panels 52 for breach of non-custodial order 22 State Equal Opportunity Commission practice and procedure for 19 and Aboriginal organisations 45 to be alternative to arrest for juveniles 51 and Aboriginal Legal Service 45 to be alternative to detention 19, 32 and anti-discrimination legislation 45 supervision of person in custody state government by TV camera 30 and Aboriginal accounting for funding 41, 42 custodial officers and 8, 26, 27, 28, 29, 30, 31, 35 and Aboriginal community-based health care 56, 57 duty of care in 25, 31 and Aboriginal health workers 57 visual surveillance emphasised in 30, 31 Aboriginal Justice Advisory Committee in 1, 2 Aboriginal organisations to deliver program 41 surveillance and block grant funding 41 by electronic monitoring camera 30 and Complaints Officer 38 by TV monitoring devices 30 and departments of education and employment 40 more required when person alone in the cell 31 and economic development for Aboriginal people 64-70 visually preferred 29, 30, 31 and education 62-64 equivalent of Crown Law Office 6 SWOS police unit 13 and essential services for Aborigines 32 funding for roads 16 Tangentyere Council and government archival records 1 and Alice Springs Town Council 43 and health of aboriginal people 53 funding for 43 and increased employment for Aboriginal 30 and housing 71 and intervals for funding 42 local government funding to be delivered equitably 43 and Ministers for Police 72 taxation.See economic opportunity and National Parks 67-68 and National Standards Body 72 Tennant Creek. See Julikari Council and performance indicators 41 and petrol sniffing 61 Territory government and Plain English to explain funding 42 and Aboriginal accounting for funding 41, 42 and single source for fund allocation 41 and Aboriginal community-based health services 56 social, economic and cultural development funded by 43 and archival records 12 and Standard Guidelines for Corrections 72 and Attorney General 4 and training courses 43 and block grant funding 41 and Complaints Officer in 38 State Minister for Justice and Coroner's office 9 and inquest 4 and data on alcohol use 15 to report to Parliament 4 and delivery of program by Aboriginal organisations 41 and economic development for aboriginal people 64-70 statistics and education 62 on Aboriginal and non-Aboriginal deaths in custody 9-10 and essential services for Aborigines 42 maintenance of data base 9 funding for roads 16 nationally agreed standard for input of 9 and health of Aboriginal people 53 numbers in prison, police and juvenile custody 10 responsibility for and increased employment fro Aboriginal people 64-70 9-10 and'inquest 4 and liquor legislation 59 statutory duty and Ministers for Police 72 of care to persons in custody 25 and National Standards Body 72 police to use alternatives to detention 17 and Northern territory Liquor Commission 59 and performance indicators 41 strategies for change 58.61 and petrol sniffing 61 and Plain English to be used to explain funding 42

Index to the Recommendations 97 recognition of Aboriginal Child Placement principle 18 verbal abuse recognition of diversity of organisations 43 to be eliminated by police 13 social, economic and cultural devimnt to be funded 43-44 and standard Guidelines for Corrections 72 victims civil rights of 22 time limits legal rights of 22 for medical assessment on reception into custody 34-35 for response to Coroner's findings 4 Victorian Corrections Act 1986. See legislation within which to appoint solicitor or barrister 6 violent behaviour time to pay care of people who exhibit 33 by instalments or otherwise 25 visits. See Aboriginal family; cell visitor scheme title to land. See land warrant Tjilbruke track of commitment for unpaid fine 25 restoration of 12 persons held on 13

Torres Strait Islander community watch-house deaths to be distinguished from Aboriginal deaths 9, 10 alarm or intercom at 30 deaths in 8, 35 tourism medical or nursing presence needed in 26, 27, 29 and Aboriginal interests in 67 more flexible movement in 32 and admission fees 67 no padded cells for punitive purposes 30 officer needed for care and supervision of detained 30 and persons at risk 26, 29 traditions, Aboriginal persons held in, for Corrective Services 27 in contemporary society 21 resuscitative equipment in 35 unconscious person not to be in 29 training of Aboriginal people. See Aboriginal people; employment weapons retention. See firearms traumatic injuries deaths caused by 9 welfare officer youth worker as 51 treatment of Aboriginal people in custody. See prisoners welfare system TRG police unit 13 and Aboriginal community-based health services 56 and Aboriginal juveniles 14 , 50-51, 53 truancy response to 16 Western Australia social and cultural factors relevant to 16 and Aboriginal Affairs Planning Authority 13 and Children's Aid Panels 52 TV monitoring devices and Conservation and Land Management 67-68 in police cells 30 and police aides 50 and Screening Panels 52 "2 kilometre" law 18 and self-sufficiency Unit 68

unconscious persons Western Australian Department of Employment and Training in custody, at risk 28, 29 and Aboriginal Economic Employment Officer program 65 resuscitation of 35 Western Australian Prison Officers Union Unemployment Benefits. See CDEP and transition period needed for custody 38 unemployment relief programs. See economic opportunities women, Aboriginal. See Aboriginal people

University of New South Wales young Aboriginal people. See Aboriginal people; juveniles NCADA research and training centre at 15 youth workers UPK report as counsellors 51 and Nganampa Health Council 16 as probation and parole officers 51 as recreation officers 51 urban areas as street workers 51 Aboriginal people in, and alcohol use 4 as welfare officers 51 police practices in 18

Index to the Recommendations 98