Editors --- "Council of Australian Governments Meeting: Communique - Digest" [2006] AUIndigLawRpr 58; (2006) 10(3) Australian Indigenous Law Reporter 89
COUNCIL OF AUSTRALIAN GOVERNMENTS MEETING: COMMUNIQUE
Canberra, Australia 14 July 2006
Introduction
The Council of Australian Governments (COAG) held its 18th meeting today in Canberra. The Council, comprising the Prime Minister, Premiers, the Chief Ministers of the Australian Capital Territory and the Northern Territory and the President of the Australian Local Government Association, had detailed discussions on significant areas of national interest.
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Indigenous Issues
Generational Commitment
COAG agreed that a long-term, generational commitment is needed to overcome Indigenous disadvantage. COAG agreed the importance of significantly closing the gap in outcomes between Indigenous people and other Australians in key areas for action as identified in the Overcoming Indigenous Disadvantage: Key Indicators Report (OID) released by COAG in 2003.
COAG’s future work will focus on those areas identified for joint action which have the greatest capacity to achieve real benefits for Indigenous Australians in the short and long term.
COAG has agreed to establish a working group to develop a detailed proposal for generational change including specific, practical proposals for reform which reflect the diversity of circumstances in Australia.
The working group will consider how to build clearer links between the OID framework, the National Framework of Principles for Delivering Services to Indigenous Australians, the COAG Reconciliation Framework and the bilateral agreements between the Commonwealth and State and Territory Governments. The working group will report back to COAG by December 2006.
Outcomes of the Indigenous Summit on Violence and Child Abuse in Indigenous Communities
COAG expressed concern that some Indigenous communities suffer from high levels of family violence and child abuse. Leaders agreed that this is unacceptable. Its magnitude demands an immediate national targeted response focused on improving the safety of Indigenous Australians. Despite all jurisdictions having taken steps over recent years to address this problem, improved resourcing and a concerted, long-term joint effort are essential to achieve significant change. COAG understands that these issues exist for Indigenous communities throughout Australia in urban, rural and remote areas.
In June 2004, COAG agreed to the National Framework on Indigenous Family Violence and Child Protection. COAG has reaffirmed its commitment to this National Framework. Leaders also affirmed the need to continue to undertake work addressing all aspects of the underlying causes of family violence and child abuse.
At this meeting, COAG has agreed to adopt a collaborative approach to addressing particularly the issues of policing, justice, support and governance. Bilateral agreements between the Commonwealth and States and Territories will be the key to ensuring this proceeds. This approach, which has been informed by the Intergovernmental Summit on Violence and Child Abuse in Indigenous Communities held on 26 June 2006, recognises the differing circumstances in jurisdictions and builds on successful work already being undertaken. It also builds on work by all jurisdictions to implement the principles under the National Framework on
Indigenous Family Violence and Child Protection that COAG agreed in June 2004.
The Commonwealth has agreed to make available funds in the order of $130 million over four years to support national and bilateral actions on the basis that the States and Territories have agreed to complement this effort with additional resources to be negotiated on a bilateral basis.
Policing, Community Education and Support for Victims and Witnesses
Indigenous Australians must be able to rely on, and have confidence in, the protection of the law. To this end, COAG has agreed to provide more resources for policing in very remote areas where necessary, to improve the effectiveness of bail provisions and to establish a National Indigenous Violence and Child Abuse Intelligence Task Force to support existing intelligence and investigatory capacity. Joint strike teams will be established on a bilateral basis, where necessary, to work in remote Indigenous communities where there is evidence of endemic child abuse or violence. COAG has also agreed to invest in community legal education to ensure Indigenous Australians are informed about their legal rights, know how to access assistance and are encouraged to report incidents of violence and abuse. In addition, more support for victims and witnesses of violence and abuse will be provided.
Application of Customary Law
The law’s response to family and community violence and sexual abuse must reflect the seriousness of such crimes. COAG agreed that no customary law or cultural practice excuses, justifies, authorises, requires, or lessens the seriousness of violence or sexual abuse. All jurisdictions agree that their laws will reflect this, if necessary by future amendment.
Complementary Measures
COAG has also agreed to work together to fund and administer complementary measures that address key contributing factors to violence and child abuse in Indigenous communities. One of the main factors is alcohol and substance misuse. Reducing substance misuse can substantially reduce levels of violence and abuse, improve the overall health and wellbeing of Indigenous people, and may also increase educational attainment, household and individual income levels, and reduce crime and imprisonment rates. Many jurisdictions have acted in this area, but more could be done. COAG has agreed to further support communities seeking to control access to alcohol and illicit substances at a local level. States and Territories have agreed to encourage magistrates to make attendance at drug and alcohol rehabilitation programmes mandatory as part of bail conditions or sentencing. COAG has also agreed to provide additional resourcing for drug and alcohol treatment and rehabilitation services in regional and remote areas.
Indigenous leaders and organisations also play a vital role in addressing the problem of violence and abuse. COAG has agreed to support networks of Indigenous women and men in local communities so that they can better help people who report incidents of violence and abuse. All governments agreed that sound corporate governance is important for the stability and effective functioning of communities and non-government organisations. All governments agree in principle that they will only fund non-government organisations that are led and managed by fit and proper persons.
Poor child health and educational attainment can also contribute to an intergenerational cycle of social dysfunction. COAG has agreed to an early intervention measure that will improve the health and wellbeing of Indigenous children living in remote areas by trialling an accelerated roll-out of the Indigenous child health check in high-need regions with locations to be agreed on a bilateral basis. COAG has also agreed that jurisdictions will work together on the important and complex issue of the low rates of school attendance in Indigenous communities, which reduces the future life chances of Indigenous children. All jurisdictions will collect and share truancy data on enrolments and attendance. The Commonwealth will establish a National Truancy Unit to monitor, analyse and report on this data.
Some States and Territories have identified additional areas for collaborative work, which will be pursued bilaterally with the Commonwealth.
Implementation
The overarching bilateral agreements on Indigenous service delivery will be the primary mechanism for implementing the measures. This ensures that tailored approaches can be developed to address the specific needs and recognise the recent initiatives of jurisdictions, regions and communities. COAG has asked the Standing Committee of Attorneys-General (SCAG) to report to the next COAG meeting on the extent to which bail provisions and enforcement take particular account of potential impacts on victims and witnesses in remote communities and to recommend any changes required. COAG has also asked MCEETYA to report to the next COAG meeting on the issue of enforcing compulsory school attendance and detailed arrangements for the establishment of a National Truancy Unit to monitor, analyse and report on truancy data. Progress on implementation of the action strategy will be reported back to COAG in December 2006.
Report on the National Framework for Reconciliation and Other Matters
COAG considered a report on the National Framework for Reconciliation.
COAG further agreed that Senior Officials will also provide a report in December 2006 covering: progress against the bilateral agreements negotiated under the service delivery framework and actions undertaken by jurisdictions under the preventing violence framework, including actions arising from the Summit.
The full text of the Communique and documents considered by the Council of Australian Governments in making the Communique are available online at <http://www.coag.gov.au/meetings/140706/ index.htm#communique> .