Nettheim, Garth --- "Towards Regional Government in the Torres Strait" [2002] IndigLawB 20; (2002) 5(16) Indigenous Law Bulletin 4

Towards Regional Government in the Torres Strait

by Garth Nettheim

Over the years, Indigenous residents in the Torres Strait have been steadily pushing for a greater degree of autonomy for their communities. Under Queensland legislation, the system of Island Councils acquired a peak body, the Island Co-ordinating Council (‘ICC’) sometime before similar developments in other Indigenous communities. Under Commonwealth law, they have had a partially distinct status under the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) (‘ATSIC Act’), particularly since provision was made in 1994 for a Torres Strait Regional Authority (‘TSRA’) in the ATSIC Act.[1] To date the TSRA has consisted of the Chairs of the Island Councils, plus an elected representative each from the Port Kennedy community on Thursday Island, and Horn and Prince of Wales Islands. It has, accordingly, been largely the same people as the ICC, exercising functions under Commonwealth law.[2]

In August 1997 the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs published a report titled Torres Strait Islanders: A New Deal supporting greater autonomy for Torres Strait Islanders. The Standing Committee endorsed strong expressions on behalf of the Torres Strait Islands to move further in the direction of regional government. It also made recommendations for improved representation, via ATSIC, for the majority of Torres Strait Islanders who live on the mainland.

In June 1998 the report and its recommendations received a generally positive response from the Commonwealth and Queensland governments, subject to clearly distinguishing the functions of local and regional government, and subject to full and further consultation. The Commonwealth government has drafted legislation to amend the ATSIC Act by essentially removing the provisions relating to the TSRA into a separate Torres Strait Regional Authority Bill, which is expected to be considered in parliament in the near future.

In the meantime the TSRA itself, through a Greater Autonomy Task Force, has been consulting residents of the various communities in the Torres Strait region. The outcome produced an agreement at Bamaga on 12 October 2001 known as the Bamaga Accord, which sets out further proposals.[3]

The core of the proposal is that TSRA should become a Torres Strait Regional Assembly, with some 21 members directly elected from, and by, the residents of the distinct communities: Islander, Aboriginal and non-Indigenous alike. In this sense it would be a public government, as distinct from an Indigenous form of government (This means it has something in common with the new Canadian territory of Nunavut, though the area would continue to be part of Queensland).

The new body would represent a merger of the TSRA and the ICC. It would also represent a merger of Commonwealth and Queensland government funding for those bodies. The Island Councils would continue under Queensland law to exercise local government functions, as would the Torres Strait Shire Council. The Bamaga Accord contemplates separate direct election for a Chairperson of the Assembly. It also contemplates that there would be an Executive of six members: one from each of six ‘clusters’ of communities, who would exercise portfolio responsibilities. These responsibilities would need to be negotiated with both governments. Economic development is one matter that is of major concern to the residents of the Islands.

The new body would have regional functions and resources under both Commonwealth and Queensland legislation. Clearly there will be a need for discussions of the Bamaga Accord with both levels of government to win support at a political level. In the meantime, as it stands, the Bamaga Accord represents the next stage in the aspirations of people in Torres Strait communities for a greater degree of regional autonomy.

Garth Nettheim is an Emeritus Professor at the faculty of Law, University of New South Wales

[1] Aboriginal and Torres Strait islanders Commission Act 1989 (Cth) pt 3A.

[2] See Robert Tickner, Taking a Stand: Land Rights to Reconciliation (2001) chapter 12.

[3] See Torres Strait Regional Authority, TSRA News (October 2001) No 40; or www.tsra.gov.au.