A deliberate act

‘The deliberate act of reducing services to the Indigenous population to create continual atrocities, and positive recommendations to provide a step forward for human rights’, by Tracie Aylmer.

Author Note

Tracie Aylmer is a human rights advocate who believes in respect for all. While she is not Indigenous, she believes that racism in any form should not exist. She has a law degree, and loves international law. She is a University Associate at Curtin University, focusing on writing about the International Criminal Court.

For ease of reference, throughout this report Aboriginal and Torres Strait Islander people are referred to as ‘Indigenous Australians’. The author recognises that there are differences of opinion with regard to this terminology and no disrespect is meant should this language be considered inappropriate.

Executive Summary

It is well known that Australia’s Indigenous population is grossly disadvantaged, compared to the non-Indigenous population.[1] Stories within the media have examined different aspects of the disadvantage from many different perspectives.[2] However, while some areas of disadvantage show that state and federal government policies can be at fault, the whole story of disadvantage has appeared to not have been considered in its entirety.

This submission outlines some of the decision making within the areas of education, health, employment, crime and imprisonment, housing and homelessness, and community activities, that state and federal governments have used over time to ensure that our Indigenous population is at a clear disadvantage. The policies themselves appear quite fundamental. All areas of life are adversely affected, and the racism is quite clear in some areas, as noted below.

While this submission shows the negative effects of policies deliberately focused to detriment the Indigenous population, there is a positive light to the future, if only crucial changes were implemented in the very near future. The Indigenous people themselves have outlined approaches that can work, as long as the funding, education and training are available to action the recommendations within this and other submissions.[3] Not only are they willing, able and ready to implement the recommendations, there should be nothing to stop them from doing so. Governments are the only institutions holding them back. Therefore, this submission is to show the spotlight on the adversity, then examines how beneficial action can be to the communities, and to humanity within Australia as a whole.

Keywords: Indigenous, government, recommendations

The Deliberate Act of Reducing Services to the Indigenous Population to Create Continual Atrocities, and Positive Recommendations to Provide a Step Forward for Human Rights

Education

Much has been written about the differences in education of the First Nation people compared to those of non-Indigenous background, particularly in remote areas.[4] It appears there is complexity in funding, resources and time given to schools based on a variety of different variables from the State government, particularly those in remote communities as against within cities.[5] In addition, mining companies and religious entities are put into the mix.

This paper will consider how government funding towards some education institutions is stagnated, depending upon the type of school, the geography of the school, and whether other entities are involved. Additionally, this paper will show how those of Indigenous background are disadvantaged, not just in remote communities but also within the cities, by determined lack of resources by the government in particular. It depends upon the Principal of each school to consider which aspects of community the children are taught, and to what extent.[6]

State Government funding. The state government has changed its reasoning of payments to each school, citing that it would be better to pay according to each student within the school rather than on a holistic basis.[7] The government has also stated that principals should be in charge of income and expenses, ensuring that the principal is now considered the head of a type of mini business rather than the head of an education facility.[8] In addition, the principals have been strongly advised to use the majority of the payment to them for staffing, with all other payments, such as resources and maintenance, to be paid from the rest of the total income received from the government.[9]

This method of payment does not include some education facilities.[10] They are now paid in a different way, or their funding has been cut entirely. One entity, the Aboriginal Independent Community Schools network, oversees 14 schools throughout Western Australia.[11] It has been deemed quite successful, despite lack of appropriate funding. The reasoning for the network has not been deemed appropriate by the government, and funding has therefore been cut. The government does not believe that support services are required for remote Indigenous schools that are in fact classified as private schools, even though it may appear to be quite logical, given how remote these schools are.[12]

While some government schools are now being paid according to the child and the level of disadvantage that a child may have, this does not make the students’ lives any easier.[13] School buildings have been ignored and neglected for far too long, particularly within remote communities.[14] Vast sums of money need to be spent to create facilities that are able to be physically used. The government is not willing to spend on upgrades and maintenance, thereby continuing the denigration.

Other schools in Northern Territory showed a different type of inequality. If a school has been classified as a ‘homeland’ school, funding from the federal government has been slashed to the bare minimum and no funding is available from the Northern Territory or the West Australian governments.[15] In addition, for quite some time a Homeland school had to be proven to be accepted as a school, before any type of funding could be acquired.[16] The community had to pay to make adequate school facilities and had to show proof that children did want to learn, deemed appropriate by the government. One school then became an ‘independent’ Christian school, and their funding rose significantly due to the change in status.[17]

This also appears to be happening in some remote West Australian schools, which do not have their funding considered within the typical education budget papers.[18] The Department of Education has chosen to create a different setting for explaining how remote schools are funded.[19] The Indigenous population are the main students in remote schools, so it appears that a difference in funding can show inequality in spending.

In one school of the air for remote children living in cattle stations and some remote communities, the differences in how children are educated are telling.[20] Non-Indigenous children are being taught according to the national planning system, whereas Indigenous children are being taught the rudimentary applications of English and mathematics only.[21] This encapsulates the problem. Indigenous children are not given the incentive to learn, according to the school system enforced upon them and all other children. There is a decided different model that does not necessarily relate to culture.

There is an allocation of funding from the Commonwealth government that is handed to the State government in order for them to allocate funds appropriately.[22] Part of the $4.797 billion budgeted within Education for 2015/16 has come from the Commonwealth government to specifically target the education portfolio. The State government can use the funds in any appropriate manner they wish. The funds are not specifically targeted within the portfolio, which means that the State government make their own decisions upon which schools need the most funds. Some schools are therefore receiving more than others, due to Education department decision making that is not public knowledge.

Mining companies. Mining companies contribute to the towns that they have created in order for their employees to be near the mines.[23] They then spend an incredible amount of money on funding community facilities for the benefit of employees and their families. They do not spend a cent on any person or family not contributing to the mines.[24] If there are Indigenous people and their families within the same community that are not employed by the mining companies, they are ignored.

The schools are well resourced.[25] The mining companies supplement the amount from the government with additional income to ensure that the schools receive the best facilities and resources necessary to guarantee the children obtain the best schooling possible.[26] In addition, mining companies offer grants of up to $100,000 to some schools to spend as they wish on the children.[27] The majority of children are not Indigenous, although there is a small percentage of those employed within the mines that are Indigenous, and therefore their children attend the same well-resourced schools.[28]

This provides even more inequality of how Indigenous children are treated.[29] As Indigenous people are more often than not overlooked for employment due to lack of education, so too are their children overlooked when it comes to education. The pattern then continues.

Religious schools. Most of the religious schools within Western Australia are Christian based.[30] Most are also private schools. Most have a predominantly non-Indigenous focus. All of these schools are supplemented by vast sums given by the church in order to produce a well-resourced school. All of these schools include religious instruction. Any religious remote schools that are specifically directed towards Indigenous children are well-resourced, but the requirement is that they are versed in religious instruction at all times.[31]

Private schools. Many of the schools deemed to be private have their incomes supplemented not just by high school fees by the parents, but also by the government and Christian churches.[32] There is a mixture of income generated within these schools, to ensure they are well resourced and provide high standards of education.

There are several schools deemed as private that do not receive quite as much income. Most of these schools are in Indigenous communities, and as such only receive private school grants by the government in line with the idea of being supplemented.[33] The coding of these schools as ‘private’ ensures that these community schools miss out on the crucial income required in order to properly resource the schools.[34] This shows one of many methods for which Indigenous school children are being denigrated. Lack of resourcing for these schools means that the children are not being properly educated, in order to show a valid future for themselves or their communities.

For the Indigenous who can afford private schooling, the Clontarf Aboriginal College is a catholic school within the Perth metropolitan area that enables tuition.[35] It is a very small school with only 157 students as at 2014. This school is outside the norm. Not all Indigenous students within West Australia are given similar opportunities, but it is highly likely this is the case due to the fact that it is a private, rather than public, school.

Schools within the Perth Metropolitan Area. Several schools within the Perth metropolitan area make it their duty to include Indigenous instruction within their learning core.[36] This is due predominantly by their principal, rather than any government authorities. Principals are given overall responsibility of the learning areas that their students receive.[37] While principals can receive slightly more funding for those that are considered disadvantaged, the amount is not enough to counteract the problems faced by the fact that funding for many schools is a real issue.

Despite the lack of resourcing by the government, which appears deliberate, due to the positive influence of staff members within remote schools the children want to learn[38]. Attendance is quite high. Changing the type of school to reduce funding has not affected the children’s capacity or determination to learn. In addition, while literacy and numeracy appear to be dramatically decreased in relation to Indigenous schoolchildren, governments have not considered the fact that they learn differently.[39] There is also deep suspicion of western learning, brought upon by government intervention during the Stolen Generation, which appears to be still going on today.[40] As Indigenous children learn differently, this must be considered when preparing and implementing a plan to ensure all facets of education. This can only successfully take effect with Indigenous teachers, or with teachers that have a determination to close the gap of inequality.[41] However, due to illiteracy, Indigenous teachers are few. This can be rectified, but will not be under the implementation of programs designed to ensure denigration of the Indigenous people.

Health

Health services are a necessary part of everyone’s daily life, to such an extent that there is a specific government department.[42] The Western Australian government recognizes that long term prevention and an understanding of Indigenous culture are crucial to ensuring that the health of the Indigenous population does not suffer.[43] However, the reality appears to be vastly different.

State government health priorities

Health priorities appear to be related mainly to that of the non-Indigenous population, and to those that can afford it, as services are outsourced to the Health Corporate Network.[44] Other areas within this submission indicate that the Indigenous population are unemployed and (to a large extent) unemployable, so therefore cannot afford prevention or maintenance of their health issues.[45] Extra financing is needed, and this important issue is what is lacking.

Two main areas (out of many) show a deep lack of understanding of our Indigenous population.[46] Those are diabetes and the children’s ear clinic, which has been recently closed due to funding cuts. The government is not serious about closing the gap for health services, nor are they serious in listening to the Indigenous population when it comes to serious health matters.[47] With the vast differences in how our Indigenous population is treated compared to non-Indigenous people, it is obvious that funding cuts are meant to hurt, rather than help, the Indigenous population.

Royal Flying Doctor Service. This crucial service relies entirely on donations from many varied sources, including the Federal government.[48] The West Australian service depends heavily on its sponsors, which include mining companies. For some reason, when the RFDS is used, those calling the RFDS are mainly non-Indigenous.

Suicide. This is an incredibly important topic to discuss. Suicide amongst the Indigenous population is greater than the non-Indigenous population, with one in four people committing suicide, and is not as widely discussed as it should be.[49] Even though a leading suicide prevention researcher has shown that piecemeal approaches by government are leading to a higher suicide rate, not much is done to decrease the rising figures.[50]

There are ways to counter the rising statistics. All of the ways involve eradicating racism.[51] While there are negative inferences upon our Indigenous population, there will continue to be the major health issue of suicide, or attempts at suicide, unless the spectre of racism is eradicated.

In eradicating the racism that is involved with health problems such as suicide, the main areas for progression are listening, understanding and activities based upon inclusion.[52] As our Indigenous communities know how to deal with mental illness such as depression, more often than not they know which activities can create the most optimal solutions. Mick Gooda from the Australian Human Rights Commission has already outlined recommendations that show what is required to give a positive solution for both Indigenous and non-Indigenous populations.[53] The fact that these clear policy recommendations have been ignored speaks volumes for those within government meant to show productive outcomes for the future.

Miss Dhu. Miss Dhu was a 22 year old woman in desperate need of medical assistance prior to her death whilst in custody, which was ignored by hospital staff as well as the police.[54] An expert has found that more care would have been taken of Miss Dhu’s health if she was not Indigenous.[55] This negativity can only come from public perceptions on a wider scale of the Indigenous community, for which the state and federal governments are not helping.

The attitudes of the staff at the hospital have been outlined in the investigation into Miss Dhu’s death.[56] It has become known, through the media, that not only was her temperature not taken at any time during her hospital visits, but that her health issues were considered psychological by the staff at the hospital.[57] The perception at the hospital was that her cries for help were to be ignored. There was no standard of care, which should be prevalent for everyone, and no one should be excluded.[58] Upon speaking to a Nyoongar woman who has been employed in various levels of government departments, the level of exclusion is more prevalent than the standard of care. The Indigenous population is at times excluded from basic health needs.[59] This can be changed with education, understanding and different policy procedures within hospitals that excludes racism.

Employment

Employment is another area for which there are major issues, even though many employment agencies and organisations run specific programs to try to ensure that the Indigenous are employed.[60] This only caters to a very tiny percentage compared with what is going on, in particular within remote communities or towns.

There appears to be a suspicion in employing the Indigenous from the business community, due to a myriad of reasons.[61] One possibility for a reason includes that of illiteracy, which has been explained earlier in this submission under education. Government policy towards illiteracy can therefore be linked to the suspicion of employing Indigenous people, because if a person is not educated, then businesses will employ someone who is.[62]

The Australian government has tried to figure out a number of methods to bridge the gap in relation to employment for Indigenous people.[63] They have created a plan, for which a business with excess of expenses exceeding $5 million is required to put forward a plan to employ Indigenous people. The number of people employed would be agreed upon by the organisation and government. There is little on the government website to note the percentage of employees that would be required to be Indigenous.[64] The figure can be therefore be any percentage of the population, as there is no clarity on what the minimum should be.

Even though this plan sounds good in theory, the reality appears vastly different. The gap between Indigenous employees and non-Indigenous employees has widened, rather than closed.[65] Proper communication and negotiation can help with closing the gap, although at this point in time beneficial ideas from the Indigenous population are not being heard.

For the state government, there are no Indigenous people within upper management within government. They are unemployable, when considering decision making activities involving services even for their own department. The minister involved is non-Indigenous.[66] The Director-General is also non-Indigenous.[67] While there are various boards and committees within the state government portfolio of the Department of Aboriginal Affairs, it should be noted that a failed amendment of the Aboriginal Heritage Act tried to downgrade the influence of these boards and committees, to ensure negation of Indigenous heritage listed sites.[68] Already, many sites are no longer heritage listed, due to the overwhelming influence of the minister and his managerial staff.[69]

The Western Australian government have also created a website for the “Aboriginal Workforce Development Centre”.[70] This website has given a publication that shows that the government knows there is a problem with high Indigenous unemployment, but they do not know how to solve it. In fact, the government is working with the same methodologies as in previous years, and are not willing to consider any different solutions that come from the Indigenous communities themselves.[71]

Remote communities have outlined numerous ways they can obtain employment.[72] These methods include using the resources around them, as well as culture. There are numerous positions that could be available that involve Indigenous culture, if only the state and federal governments stopped using the word ‘consultation’ and started listening to the Indigenous population.[73] The fact that governments and organisations are only seeing Fly In Fly Out (FIFO) employees for positions that are generally considered non-Indigenous (mainly relating to mining) means that they appear to be deliberately missing out on cultural opportunities to the benefit of the Australian economy.[74] This, in turn, means that they are deliberately ensuring that the Indigenous are not employed, and are kept in the circle of unemployment with few means to become independent. It also appears that Indigenous communities are doing the job of government, and finding creative ways to ensure the communities are a success, despite strange government decisions.[75]

Crime and Imprisonment

Imprisonment of the Indigenous has been written about extensively. Statistics show that more than 27% of prisoners across Australia are Indigenous.[76] In Western Australia, that figure jumped to 40% of prisoners as at 2014.[77] This figure reduced to 39% by 30 June 2015. Those in prison for repeat offences were more than 70% of the prison population. Young people in detention is nearly 73% Indigenous as at 30 June 2015.[78] Western Australia has been noted to have the highest Indigenous prison population by percentage in Australia by the Australian Bureau of Statistics.

The Road Traffic Act 1974 (WA) enables unpaid fines to be enforced by imprisonment. The police and courts have the ability to hold a person in detention for not paying a fine, as well as enforcement costs, sale and seizure or community service orders.[79] On the other hand, courts also have the capacity to suspend a person’s licence, rather than imprison them.[80]

Court procedure does enable a person to elect to be imprisoned, at a rate of $250 per day, for non-payment of fines, although the enforcement of this should not be decided by the police. This is what some media reports stated that Miss Dhu, a 22 year old woman in Port Hedland, decided to do.[81] It has been determined within a colonial inquiry into her death, however, that she was physically arrested by the police, leaving her with little choice but to be imprisoned.[82] This was to her detriment, as she died within four days that she was kept in imprisonment. This policy has been denigrated by many, including the opposition state Labor party, as being targeted mainly to the Indigenous population and to women, with more than 1100 people being imprisoned for defaults of fines.[83] Lawyers are also critical of the method of imprisoning the disadvantaged for their fines.[84] Considering the increase in prison population of the Indigenous, this appears to be the main intent of the state government.

The report from the Royal Commission into Aboriginal Deaths in Custody in the early 1990’s brought 338 recommendations for how the Indigenous population were supposed to be treated.[85] Few of those recommendations have been implemented, and some were implemented inadequately.[86] One of those recommendations was that of police practices (Chapter 6). It has been found that recommendation 60 in relation to rough treatment by police in West Australia has not been implemented into police policy. Rough treatment is still accepted by the West Australian police as acceptable.[87]

This rough treatment by police has previously been excused as giving equal treatment no matter which race the officer deals with.[88] Within the police policies manuals, it has been found that ‘equality’ is the key, without necessarily understanding the contexts of culture. This can be given as the reasoning upon why, in Western Australia, around 20 times more Indigenous people are imprisoned than non-Indigenous people.[89] The policies have not changed, nor has legislation been debated to ensure changes could be made. This is yet another mistake of the state government, which could enact changes using policy and legislation, yet are not.

It has also been found that the court system does not accept the views of the Indigenous as valid.[90] Aspects of relevancy towards cases involving the Indigenous population become veered towards the police, rather than being balanced. Questions can be asked of this, such as when does CCTV footage of a woman in a hospital shortly before her death become relevant within a coronial inquiry?[91] For the court to determine irrelevancy in relation to specific information about hospital appearances shortly before death appears inadequate in its determination.

One police prosecutor has advised that it is quite easy to manipulate statements made by the Indigenous to ensure disadvantage.[92] Not understanding the culture means that one can easily put words into the mouths of the Indigenous. They can agree to anything, in a bid to close a situation early and try to move on. This can also detriment the court system, which then leads to over-representation within the prisons for activities that may not even be illegal.[93] Courts need to be aware of this diversity, and act accordingly. For this to happen, the state government would need to include legislation into the Supreme Court Act 1935 (WA), the District Court Act 1969 (WA), the Magistrates Court Act 2004 (WA) as well as legislation pertaining to procedures.

Since much has been written about over-representation within the court system of the Indigenous, yet no legislation has been amended in parliament in order to positively counteract the over-representation, this is a failing of the state government to ensure appropriate consistency in understanding Indigenous culture.[94] This can also be noted as a deliberate attempt to ensure that there is no understanding of Indigenous culture within the legal system. They must comply with the British common law standard, and no middle ground will be reached with this type of philosophy, although there have been calls to find a middle ground.[95]

Rampant racism does not just extend to the police force and the justice system. It is endemic within prisons as well.[96] The prisons are overflowing and underserviced.[97] Privatizing will cause even more disadvantage in the mainly Indigenous populated prisons within Western Australia, but that appears to be the intent of the state government. This in itself shows a blatant disregard of the government to consider the human rights within prisons, and to try other methods to reduce the prison population.[98] The State government knows that the population within prisons is predominantly Indigenous, yet does nothing to counter the acknowledged overrepresentation.

While Mala Croft has completed extensive research into the complex issues relating to imprisonment of Indigenous children within the Kimberley area, none of the recommendations within her report have been implemented.[99] The recommendations are clear, concise and can be implemented throughout all areas of Australia. This shows another method of clear racism by the state and federal governments to act positively towards a population that desperately needs it..

Housing and Homelessness

The implementation of housing programs by government have become stagnated and largely ineffective.[100] There should be a better understanding on what drives homelessness, particularly within Indigenous communities. Resources should consist of funding, but should also consist of other methods relating to ensuring people stay in long term housing arrangements without the fear of becoming homeless yet again.[101] Patterns are made, and driven by history of the White Australia policy.

Homelessness within Indigenous communities across Australia are overstated.[102] Our Indigenous make up more than 20% of the population of homeless people, yet there are only 2.5% to 3% of the total Australian population. The problems associated with Indigenous homelessness are complex.[103] Suspicion of the government is deep and understandably ingrained. It will take a wide understanding of the Indigenous culture in order to provide better housing opportunities. This will not be happening under the current government, which has a tendency to throw money at a problem hoping it goes away in the short term.[104]

Suspicion of Indigenous people from the housing market is another key issue.[105] Western cultures believes that their Indigenous populations will not be able to undertake to pay rent. In addition, overcrowding is a major issue that has not been properly managed[106] The government has a key role to play here. While the State government has started to create an atmosphere where the Indigenous population can obtain a bond loan in order to sign rental contracts, it is still not curbing the problem.[107]

There are small pockets of government housing for Indigenous communities throughout West Australia. All services related to housing has been outsourced to organisations.[108] The government does not take responsibility for the maintenance of their own housing. This can lead to inferior workmanship, for which many houses specifically built for the Indigenous community can be deemed uninhabitable.[109]

The outsourcing of services related to Indigenous housing gives rise to the concept that money is being thrown at a problem with the hope that it goes away. [110]The Indigenous population have consistently stated that they would rather a more targeted approach, in order for them to acquire self-determination.[111] By throwing money at a problem, it also enables other entities to use the dissociation as an excuse to keep ongoing racial behaviour. This means that rental contracts can be rejected many more times than they are accepted, specifically for the Indigenous population. With this criteria, and the fact that there is limited housing overall, this atmosphere will guarantee a much higher rate of homelessness of Indigenous people than for those that are non-Indigenous.[112]

The lack of resourcing of the Indigenous population to ensure the basic necessity of housing, particularly within remote communities, shows that the government is willing to continue to continue similar policies as those implemented previously, to ensure ongoing denigration.[113] Throwing money at a problem does not necessarily ensure that the problem is solved. In instances of housing, this is particularly so. In addition, the State government’s fact sheets on asbestos, illegal use of the premises and smoke alarms do nothing to alleviate the situation.[114] It targets the Indigenous population in relation to these aspects, causing suspicion amongst the rest of the population towards the Indigenous, rather than having a general website for all aspects relating to housing on an overall basis.

Another aspect of homelessness and difficulties with housing is the compensation paid by governments and mining companies to transfer ownership of land to the benefit of the mining companies.[115] The Indigenous population involved is left wondering where and how they can be housed with an amount that generally is lower than a typical rate for home ownership. At times, an amount is supposed to have been put into a compensation fund solely for the benefit of the Indigenous communities.[116] Instead, it has been found that the compensation payments can go directly to the mining companies. As there is little accountability when it comes to direction of payments specifically for the Indigenous population by government, this is something that should have been considered quite some time ago, with adjustments in policy made at the time.

Community Activities in Remote Areas

Activities for members of communities, as well as other aspects of infrastructure such as local road, footpaths and bridges, depends to a large extent upon the viability of local councils.[117] Councils can obtain their funds from a range of sources, including rates, government grants (state and federal) as well as income generation from hiring facilities.[118] The total amount of income depends upon a range of circumstances. The number of houses in a council electorate can mean the difference between a large and small budget.[119]

Councils within remote areas do not have as many residences within the area, nor are they able to obtain income easily from sources within the area, unless the income comes from mining companies.[120] While grants from the Western Australian Local Government Grants Commission allocates income from the Federal government on a needs basis, compared to metropolitan areas it simply is not enough.[121] More income from the State government is obviously required, in order to create the types of activities that are most needed for children particularly in remote areas.

There are a few anomalies in how the funds are divided. Some metropolitan councils are receiving a similar amount to councils in remote areas. For example, Melville Council received $2,173,177, allocated by the State government from Federal government grants.[122] Meekatharra Council received $2,399,997.[123] The differences between the two councils are enormous. Melville Council receives more than $116 million in yearly income from many varied sources with net profit of $10 million, and has a substantial asset portfolio. Meekatharra Council receives a little more than $12 million in yearly income, and has few assets.

While Fremantle, Cockburn, Perth and Melville Councils all have the capacity from income generated by rates and other income, the Shire of Derby/West Kimberley and Meekatharra Council do not have the same capacity, so obviously are quite reliant upon government grants.[124] The allocation of government grants from the Federal government to the State government should take this into consideration.

Councils in remote areas therefore do not have the same ability to implement activities for their constituents as councils in metropolitan areas do, which is possibly one major reason why the State government wishes to close communities.[125] Meekatharra Council does try to give activities to children, to ensure inclusiveness. The Shire of Derby/West Kimberley has little to offer, although this is the largest council by geography in West Australia. This council does not have the capacity to offer the children as many inclusive activities as they need, although parents do try to pay membership fees for some activities such as basketball. Resources can go a long way to counteract this, although the State government would have to positively intervene.[126] This does not appear to be happening in the short term.

Children need activities in order to stay away from the juvenile justice system.[127] Already there are far too many Indigenous children in child detention facilities, when other options have been declared to be available. There needs to be targeted funding within these areas, with specific intention on ensuring that children receive a range of activities. Since the State government allocates funds to the Councils, the allocation process should take implementation of programs into consideration in order for the activities to occur. This is obviously not happening, on any level, thereby showing aspects of denigration of the Indigenous population as the hardest hit are the Indigenous communities.[128]

Recommendations

Over the years, many groups have given recommendations for changes in legislation and/or policy relating to our Indigenous population.[129] The recommendations that have been adhered to have been from a non-Indigenous perspective. The philosophy has always ruminated that it is the Indigenous that must fit into non-Indigenous culture, so therefore the non-Indigenous will always have a say over how policy is formed. Basically, white people know better.

In fact, the only option now available to Australian society is to listen to the Indigenous population.[130] They are surviving despite difficulties faced from all avenues, and have come up with valid recommendations of their own. This part of the submission will focus on recommendations from two Indigenous authors – Mala Croft, from Josie Farrer West Australian MLA office for the Kimberley area, and Mick Gooda, from the Australian Human Rights Commission. The recommendations from Mala Croft in relation to youth programs have been amended below to make it inclusive for the whole of Australia, although it was written with intent for changes to occur within the Kimberley area.

While I do not entirely agree with Recommendation 5 from Mick Gooda, as I do not believe that there should be a Healthy Welfare Card or similar type of card in the first place, all of these recommendations come from those most affected. These experts have lived knowledge, and know what works and what does not work within Indigenous communities. It is time to listen to them, and not to use any prior ‘consultation’ process. Considering previous processes do not work, and the Indigenous community is resilient enough to make their own recommendations, it is now time to listen to them, and to provide action, using most if not all of the recommendations below, as well as any other recommendations for the benefit of our Indigenous.

Recommendations from Mala Croft

Recommendation 1:

1. a) That the youth justice system utilises the already established programs: the Yiriman Projecti, Burks Park Stationii and other youth programs throughout the whole of Australia, as culturally appropriate, effective and government approved prevention, diversion and intervention programs. If these listed programs require approvals or amendments to their existing programs in order to be recognised as sentencing options, then this effort to be undertaken immediately; and
2. b) That proposed prevention, diversion and intervention programs including but not limited to Station Placements, horsemanship programs and a possible Dampier Peninsula site, as well as other programs similar to populations throughout Australia, to be developed with meaningful community engagement and implemented for the use and benefit of each Indigenous youth justice system. Such development to include the work of KALACC and other similar Centres based on the two successful ‘Fitzroy Valley Justice Diversion’, 10 week long Bush Camps undertaken in conjunction with Magistrates Col Roberts and Robert Young.

Recommendation 2:

That a cautioning scheme modelled on the highly successful Police Cautioning and Koori Youth Diversion Program run in Victoria in 2007 be implemented throughout Australia. Under this scheme police are required to complete a ‘Failure to Caution Form’ outlining the reason that no caution was given. This form is provided to Youth Justice Service who makes contact with the youth involved and their care giver.

Recommendation 3:

That formal agreement be reached between government agencies, including, but not limited to, Police, Department for Child Protection, Youth Justice Services and the Department of Education, regarding how they communicate and share information between the Departments throughout Australia in relation to at risk youth and the youth justice system.

Departments to consider the benefits of utilising Collective Impact software or other relevant software for data collection to create effective collaborative strategies in managing at risk youth.

Recommendation 4:

Where a juvenile appears before the court that the following options be available:

1. a) Legislative amendments be implemented to provide Magistrates with additional sentencing and remanding options with the aim of utilising juvenile justice programs.
2. b) Where a responsible adult cannot be found, the magistrate will sentence the youth to one of the juvenile justice program locations.
3. c) Where a youth has been bailed to a responsible adult and the youth breaches their bail conditions, the Magistrate will remand the youth at one of the juvenile justice program locations.
4. d) A pre-sentence report will be prepared by the program manager and presented to the magistrate before sentencing.

Recommendation 5:

The implementation of a long-term funding agreement (founded on the current funding agreement) to continue the operations of the West Kimberley Youth Bail Options and East Kimberley Youth Bail Option (commonly known as the Bail Houses’ in Broome and Kununurra). For other similar operations to exist in various forms throughout Australia.

Recommendation 6:

The implementation of a long-term funding agreement for existing and proposed juvenile justice programs, within all areas of Australia. The funding for these programs is to be based on the current funding agreement of the West Kimberley Youth Bail Options and East Kimberley Youth Bail Options commonly known as the Bail houses’ in Broome and Kununurra.

Recommendation 7:

1. a) Develop a coordinated inter-agency network with an aim to ensure efficient and effective delivery of juvenile justice preventive programs in each town and community within Australia; and
2. b) Secure funding for youth workers, youth centres and swimming pools in all communities.

Recommendation 8:

1. a) Provide funding for the Wunan Foundation to expand their Living Change Program across the Kimberley in consultation with communities, as well as expand the model for the Wunan Foundation or relevant types of programs throughout the whole of Australia. While youth are attending a juvenile justice program site, Wunan and other similar organisations will consult and offer services to the families of that youth, with the aim of addressing and resolving causational factors which may contribute to the youth reoffending.
2. b) Provide funding for Wunan and other similar organisations to continue to deliver, and expand throughout Australia in consultation with communities, their school attendance and responsibility program.

Recommendation 9:

Mandatory health and well-being assessments for all Indigenous youth registered in the youth justice system including but not limited to:

1) Fetal Alcohol Spectrum Disorders (FASD) assessment;

2) Assessments targeting a broad range of learning difficulties which interrupt a child’s social developmental pathway;

3) Assessment and identification of intellectual developmental disability; and

4) Assessment of cognitive and emotional status of at-risk students.

Necessary referrals to be submitted to relevant health professionals and service providers in a timely manner so that youth and their families receive ongoing treatment and support as required.

Recommendation 10:

That a Kimberley Station Placements Program be designed and funded by multi-Department contributions (Youth Justice Services and Department of Child Protection), and implemented specifically to accommodate at-risk youth diagnosed with FASD. That similar programs exist throughout Australia.

Recommendation 11:

1. a) Ongoing funding and support provided to community organisations and their partners to deliver high-impact services and research activity relating to alcohol use including FASD. For example, the Marulu FASD Strategy led by Marninwarntikura Fitzroy Women’s Resource Centre, Nindilingarri Cultural Health Services, Patches Paediatrics, WA Country Health Services and Telethon Kids Institute, is delivering Australia’s first comprehensive FASD Prevention, Diagnosis and Support program in response to high rates of FASD documented in The Lililwan FASD Prevalence Study.
2. b) FASD to be formally recognised as a disability within relevant State, Territory and Commonwealth health, disability and education legislation. Legislation should enable access to existing Commonwealth and State programs including Better Start for Children with Disability and Schools Plus.

Recommendation 12:

1. a) Conduct a regional review on the effectiveness, quality of delivery and relevance of education programs in schools that have been specifically designed to engage at-risk students;
2. b) Investment to establish and strengthen re-engagement programs in centres such as the PCYC, and alternative education programs operating off the school site but managed by the principal.
3. c) High schools to offer alternative programs to mainstream education that prepare students (years 7 – 12) for pre-apprenticeship and apprenticeship entry. Incorporation of a hands-on delivery model with involvement and mentoring from Aboriginal training organisations and local businesses; and
4. d) All large town and city schools to have immediate on-site access to a school psychologist with smaller remotes communities accessing this service regularly.

Recommendation 13:

In the event that the Criminal Law Amendment (Home Burglary and other offences) Bill 2014 or similar type of legislation throughout Australia is passed, Magistrates will sentence youth to a juvenile justice program site.

Recommendation 14:

Funding for Feed the Little Children Inc to continue to deliver and expand their food security and nutrition programs.

Recommendation 15:

Funding for the regional implementation of the recommendations outlined in the Hear Our Voices report.

Recommendation 16:

Funding for Alive and Kicking Goals Inc to continue and be expand throughout the Australia in consultation with communities, their suicide prevention programs.

Recommendation 17:

That the State Government in conjunction with Federal Government contribute funding to the Halls Creek Healing Taskforce and other taskforces throughout Australia to coordinate services for parents and families of at risk youth, with the aim to address and improve mental health and social and emotional wellbeing issues.

Recommendation 18:

That the State and Federal Governments support a Collective Impact approach to dealing with juvenile justice issues. That of Social Impact Partnerships between non-government organisations and government departments be developed for the long-term benefit of all regions throughout Australia and to ensure financial sustainability of those non-government organisations

Recommendation 19:

Implement the recommendations from the 2013 KALACC Juvenile Justice Scoping Study, these recommendations being:

1. a) Government Fund and Support KALACC and other similar organisations to turn the Scoping Study in to a Full Business Plan ie Government prioritises the funding of a full and detailed business plan, including implementation timelines.
2. b) Government Accepts and Endorses Recommendation # 50 from the September 2006 Law Reform Commission Report for the establishment of Aboriginal – owned and controlled youth justice diversion programs;
3. c) That a Youth Justice Diversion Base be established at Bungarun, to be managed by the Kimberley Aboriginal Law and Culture Centre. For similar Youth Justice Diversion Bases be established throughout Australia, in a similar manner.

Recommendations from Mick Gooda

Recommendation 1: The Australian Government should reconsider the requirement for

Indigenous organisations receiving more than $500,000 of Indigenous Advancement Strategy funding to incorporate under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth).

Recommendation 2: The Western Australian Government should not close any remote

Aboriginal communities without a proper consultation process and the free, prior and informed consent of the communities concerned, as per articles 10, 18 and 19 of the United Nations Declaration on the Rights of Indigenous Peoples.

Recommendation 3: The Northern Territory Government should repeal section 133AB of the Police Administration Act (NT) and commission an expert inquiry into responses to alcohol misuse, as per the recommendations of Coroner Greg Cavanagh SM.

Recommendation 4: The Australian Government finalise the Implementation Plan for the National Aboriginal and Torres Strait Islander Health Plan in accordance with recommendation 9 of the Close the Gap Campaign Steering Committee’s Progress and priorities report 2015.

Recommendation 5: The Australian Government should design the Healthy Welfare Card and the Work for the Dole scheme in remote communities as voluntary, opt-in schemes.

Recommendation 6: The Australian Government support and resource the Australian Human Rights Commission to undertake, with Aboriginal and Torres Strait Islander peoples, government and other stakeholders, a process to identify options for leveraging Indigenous property rights for economic development purposes.

Recommendation 7: Existing and potential Prescribed Bodies Corporate be engaged to develop the administrative arrangements for the distribution of the $20 million allocation to support native title holders to engage with investors.

Recommendation 8: Representatives of Aboriginal and Torres Strait Islander peoples in

Northern Australia be appointed to the political and operational governance structures to oversee the next steps in implementing the White Paper on Developing Northern Australia.

Recommendation 9: The Australian Government recognise the level of research and consultation involved in the Australian Law Reform Commission’s Inquiry into the Native Title Act 1993 (Cth) and take action to implement its recommendations.

Recommendation 10: The Australian Government take action to synchronise the work of the:

• COAG Indigenous Expert Working Group
• COAG Investigation into Indigenous land use and administration
• White Paper on Developing Northern Australia
• Australian Law Reform Commission’s Inquiry into the Native Title Act 1993 (Cth)
• Broome Roundtable on Indigenous property rights

to avoid duplication and to maximise outcomes for Indigenous communities in relation to the land and native title into the future.

Recommendation 11: The full extent of disability within the Aboriginal and Torres Strait Islander community be ascertained based on the collection of comprehensive, disaggregated data.

Recommendation 12: The effectiveness of programs and policies in addressing the needs of Aboriginal and Torres Strait Islander people with disability be monitored through a continuous robust evaluation framework.

Recommendation 13: By 2016, the Closing the Gap agreements include a target for Aboriginal and Torres Strait Islander people with disability as an area for future action.

Recommendation 14: The Disability Support Organisations model is expanded across Australia to ensure culturally competent and appropriate engagement with Indigenous communities in the implementation of the NDIS, in order to ensure full access to disability services for Aboriginal and Torres Strait Islander peoples.

Recommendation 15: The NDIS rollout in rural and remote Australia should prioritise locally based services and employment in order to utilise Aboriginal and Torres Strait Islander expertise and experience already present in those areas.

Recommendation 16: The Australian Government should undertake an evaluation of the accessibility of the NDIS for Aboriginal and Torres Strait Islander people with disability 12 months after the national rollout in July 2019.

Recommendation 17: The Australian Government takes steps to include child welfare targets as a part of the Closing the Gap, to promote community safety and wellbeing and reduce the overrepresentation of Aboriginal and Torres Strait Islander peoples within the child protection system.

Recommendation 18: State and territory governments take steps to establish Aboriginal and Torres Strait Islander Children’s Commissioners in their jurisdictions.

Recommendation 19: Australian, state and territory governments should collaborate to support greater investment in research and the quality of information relating to child protection through greater funding and the establishment of a National Institute of Indigenous Excellence in Child Wellbeing.

Recommendation 20: The Australian Government recognises the crucial link between child wellbeing, and early childhood education and care services, and supports greater investment in early childhood services for Aboriginal and Torres Strait Islander children including through renewed funding for Aboriginal Children and Family Centres.

Recommendation 21: The Australian Government supports long-term investment in healing initiatives including services, research and evaluation.

Conclusion

The state and federal governments have outlined many different policies and perspectives that are damaging our Indigenous population. Despite this, our Indigenous population is continuing to increase.[131] Even though many suffer, the culture that has been around for approximately 60,000 years still exists. Murder, torture and the White Australia policy has not been able to destroy a population that should not be given any energy to be destroyed.[132]

It is perplexing for a non-Indigenous person to read the policies relating to Education, Health, Employment, Crime and Imprisonment, Housing and Homelessness and Community Activities and notice that the Indigenous population so intent on saving our environment and humanity are being treated with deliberate disadvantage. The policies, noted above, that try to make Indigenous communities fail are perplexing.

To conclude, this submission is to provide the assurances that policies relating to our Indigenous population must change. It appears to be not just ethically important, but with all of the recommendations shown by others within this paper, it appears to also be cheaper. While this paper examines the shortfalls of policies and other methods of exclusion, it does not determine a bleak future. In fact, the best approach forward is to listen to our Indigenous population. They have the answers that we have been so furiously looking for. We do not need any further ‘consultation’ when the appropriate answers are right there in front of us, in the faces of those willing to talk and act.

This submission is to show a clear way forward. Our Indigenous population is to be respected. They are clearly resourceful enough to survive atrocities and disadvantage. They therefore should be given the chance, and implementation of their policies for our own benefit, as well as theirs.

Footnotes

[1] Wunan Foundation, Indigenous Disadvantage <http://wunan.org.au/disadvantage> viewed 19 December 2015.

[2] Michael Gordon, ‘Landmark report reveals scale of indigenous disadvantage’, Sydney Morning Herald 2014 <http://www.smh.com.au/federal-politics/political-news/landmark-report-reveals-scale-of-indigenous-disadvantage-20141118-11p6j9.html> viewed 19 December 2015. This is one newspaper that has published an article in relation to a report from the Productivity Commission, as noted by the Australian Human Rights Commission, Report into Indigenous disadvantage shows change is possible <https://www.humanrights.gov.au/news/stories/report-indigenous-disadvantage-shows-change-possible> viewed 19 December 2015.

[3] Mala Croft, ‘Kimberley Juvenile Justice: Improving the Current Juvenile Justice System’ (Office of Josie Farrer MLA, Member for Kimberley, 2014); Aboriginal and torres strait islander Social justice commissioner: Mick Gooda, ‘Social Justice and Native Title Report 2015’ (Australian Human Rights Commission, 2015).

[4] What Works: The Work Program, Success in remote schools: a research study of eleven improving remote schools (National Curriculum Services Pty Ltd, 2012).

[5] Government of Western Australia, School Budget Table (Department of Education, 2014).

[6] Government of Western Australia, Curriculum, Assessment and Reporting Policy, Curriculum, Assessment and Reporting Procedures (2014) 2.

[7] Department of Education Services, Per capita funding <http://www.des.wa.gov.au/schooleducation/nongovernmentschools/info-ngs/financial%20assistance/Percapitagrants/Pages/default.aspx>

[8] Government of Western Australia, Student-Centred Funding Model and One Line Budgets: A New Way of Resourcing and Working (2014).

[9] Ibid 3.

[10] Aboriginal Independent Community Schools, Issue: Discontinuation of funding to the Western Australian Aboriginal Independent Community Schools’ Support Unit. (2014).

[11] Ibid.

[12] An example of a remote Aboriginal Community School being classified as a private school according to the State government is Rawa Community School Non-Government Schools Guide, Rawa Community School – Great Sandy Desert WA Profile Page <http://www.privateschoolsguide.com/Rawa-Community-School-Great-Sandy-Desert-WA/>. google.com, rawa community school <https://www.google.com.au/search?q=rawa+community+school&ie=utf-8&oe=utf-8&gws_rd=cr&ei=4OM_VpLKJaTMmAXixoT4DA>. This school has been a part of the AICS Support Unit. It is not classified as a government school, in order to receive the typical funding available from the State government, according to Australia, above n 7. Funding is only available through a strict method Government of Western Australia, Financial assistance to non-government schools; Eligibility criteria for per capita funding applications (2014).

[13] Western Australian Auditor General’s Report, ‘Delivering Essential Services to Remote Aboriginal Communities’ (2015) 21.

[14] Ibid.

[15] Creative Spirits, Aboriginal homelands & outstations <http://www.creativespirits.info/aboriginalculture/land/aboriginal-homelands-outstations>.

[16] Linda Miller, ‘Mapuru school kids “starving” for maths and English’, Crikey.com.au 2008 <http://www.crikey.com.au/2008/11/19/mapuru-school-kids-starving-for-maths-and-english/> viewed 19 December 2015.

[17] NT Christian Schools, Mäpuru Christian School <http://www.ntcsa.nt.edu.au/index.cfm?fuseaction=ViewSchool&pID=4> viewed 19 December 2015.

[18] Australia, above n 7; Hon Peter Collier MLC, 2015 Per Capita Funding Rates and Payment Schedule: Non-Government Schools (2015).

[19] Government of Western Australia, ‘Remote Teaching Service Schools’ (2015) gives tables for total allocation of funding for remote schools. R1 schools are allocated $20,870 per annum, R2 schools are allocated $18,120 per annum, R3 schools are allocated $15,370 per annum.

[20] Port Hedland School of the Air, Air Lessons <http://www.porthedlandsota.wa.edu.au/pages/parent%20info.html> viewed 18 November 2015.

[21] Ibid.

[22] Government of Western Australia, 2015-16 Budget Paper No. 2 (2015), 257.

[23] Rio Tinto, ‘Our Contribution to Western Australia: Community Investment Review’ (2007) 5.

[24] Australian Human Rights Commission, Rural and Remote Education – WA <https://www.humanrights.gov.au/publications/rural-and-remote-education-wa-14> is an example of the treatment of Indigenous children within mining towns, as shown by Rio Tinto’s contribution in 23.

[25] Tinto, above n

[26] Ibid 32.

[27] Ibid 32. One example is YACHAD.

[28] Ibid 7.

[29] .Adrian M. Fordham and R.G. (Jerry) Schwab, ‘Summarising: Scambary, My Country, Mine Country: Indigenous people, mining and development contestation in remote Australia’ (2007) 4.

[30] St Cecilia’s Catholic Primary School, Welcome to St Cecilia’s Catholic Primary School <http://web.stcecilia.wa.edu.au/>.; Ocean Forest Lutheran College, Welcome from our Principal <http://www.oceanforest.wa.edu.au/about-us/principal> are two examples, viewed 10 November 2015.

[31] Karalundi Aboriginal Education Community, Welcome to Karalundi <http://www.karalundi.wa.edu.au/> viewed 10 November 2015.

[32] Immaculate Heart College, Welcome from the Foundation Principal <http://www.ihc.wa.edu.au/>. Viewed 10 November 2015.

[33] Department of Education, Djugerari Remote Community School (5098) <http://www.det.wa.edu.au/schoolsonline/overview.do?schoolID=5098&pageID=SO01> viewed 10 November 2015.

[34] Guide, above n is one example of fourteen community schools, viewed 10 November 2015.

[35] Clontarf Aboriginal College, The College <http://web.clontarf.wa.edu.au/the-college/strategy-performance/> viewed 10 November 2015.

[36] Dudley Park Primary School, About Dudley Park Primary School <http://www.dudleyparkps.com.au/about-dudley-park-primary-school/> viewed 10 November 2015.

[37] Australia, above n 8.

[38] facebook.com, Djugerari Remote Community School <https://www.facebook.com/Djugerari-Remote-Community-School-1388960681429615/timeline/> viewed 10 November 2015.

[39] Creative Spirits, Aboriginal literacy rates <http://www.creativespirits.info/aboriginalculture/education/aboriginal-literacy-rates> viewed 10 November 2015.

[40] John Pilger, ‘Another stolen generation: how Australia still wrecks Aboriginal families ‘, The Guardian 2014 <http://www.theguardian.com/commentisfree/2014/mar/21/john-pilger-indigenous-australian-families> viewed 19 December 2015.

[41] Department of Education, Remote Teaching Service <http://det.wa.edu.au/careers/detcms/navigation/teachers-and-school-leaders/career-opportunities/remote-teaching-service/> viewed 10 November 2015.

[42] Government of Western Australia, Department of Health <http://ww2.health.wa.gov.au/> viewed 19 December 2015.

[43] Government of Western Australia, WA Aboriginal Health and Wellbeing Framework 2015–2030 (2015).

[44] Government of Western Australia, Health Corporate Network (HCN) <http://www.healthcorporatenetwork.health.wa.gov.au/home/> viewed 19 December 2015.

[45] See Employment.

[46] Diabetes Australia, Aboriginal and Torres Strait Islanders <https://www.diabetesaustralia.com.au/aboriginal-and-torres-strait-islanders>; Emma Young, ‘State shuts down Aboriginal children’s ear screening service ‘, WA Today.com.au 29 November 2015 2015 <http://www.watoday.com.au/wa-news/state-shuts-down-aboriginal-childrens-ear-screening-service-20151129-glay4a.html>.

[47] Dr Emma Ellis, Government urged to maintain Indigenous health funding, The World Today (ABC, 2014).

[48] Royal Flying Doctor Service, About the RFDS <https://www.flyingdoctor.org.au/about-the-rfds/> viewed 11 December 2015.

[49] National Aboriginal Community Controlled Health Organisation (NACCHO), NACCHO Aboriginal Health News Alerts <http://nacchocommunique.com/category/aboriginal-health-in-the-news/> viewed 11 December 2015.

[50] Ibid.

[51] Ibid.

[52] Yin C Paradies Naomi C Priest, Wendy Gunthorpe, Sheree J Cairney and Sue M Sayers, ‘Racism as a determinant of social and emotional wellbeing for Aboriginal Australian youth’ (2011) 194(10) Medical Journal of Australia 546.

[53] Gooda, above n

[54] Clementine Ford, ‘You should know her name: Miss Dhu was Aboriginal, 22, and died four days after being in custody’, Daily Life 8 September 2014 <http://www.dailylife.com.au/news-and-views/dl-opinion/you-should-know-her-name-miss-dhu-was-aboriginal-22-and-died-four-days-after-being-in-custody-20140908-3f2zz.html> viewed 25 November 2015.

[55]Calla Wahlquist, ‘Ms Dhu inquest: doctors ‘would have made a lot more effort’ if she was white ‘, The Guardian (Perth), 24 November 2015 <http://www.theguardian.com/australia-news/2015/nov/24/ms-dhu-death-inquest-doctors-would-have-made-a-lot-more-effort-if-she-was-white?CMP=soc_567> viewed 25 November 2015.

[56] Calla Wahlquist, ‘Ms Dhu inquest: emergency doctor thought her ‘a little bit attention-seeking’ ‘, The Guardian <http://www.theguardian.com/australia-news/2015/nov/26/ms-dhu-inquest-family-lose-battle-to-show-cctv-to-disprove-aggression-claims?CMP=share_btn_fb> viewed 25 November 2015.

[57] Emily Piesse, ‘Doctor admits mistake in not taking temperature of Ms Dhu who died in police custody’, ABC News (Perth), 2015 <http://www.abc.net.au/news/2015-11-27/doctor-says-mistake-not-taking-teperature-of-woman-who-died/6981962> viewed 11 December 2015.

[58] Martindale & Nolo Lawyers, What is the Medical Standard of Care? <http://www.alllaw.com/articles/nolo/medical-malpractice/standard-of-care.html> viewed 19 December 2015.

[59] Australian Human Rights Commission, Social determinants and the health of Indigenous peoples in Australia – a human rights based approach <https://www.humanrights.gov.au/news/speeches/social-determinants-and-health-indigenous-peoples-australia-human-rights-based> viewed 19 December 2015.

[60] Google.com, Search for Indigenous Employment <https://www.google.com.au/search?q=indigenous+employment&ie=utf-8&oe=utf-8&gws_rd=cr&ei=M8BjVqSTDeS3mwWXq7joCg> viewed 6 December 2015.

[61] Australian Bureau of Statistics, Exploring the Gap in Labour Market Outcomes for Aboriginal and Torres Strait Islander Peoples <http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/4102.0main+features72014> viewed 7 December 2015.

[62] Schwab, above n .

[63] Australian Government: Department of Employment, Background on the Indigenous Opportunities Policy (IOP) <https://www.employment.gov.au/background-indigenous-opportunities-policy-iop#government-procurement-rules> viewed 7 December 2015.

[64] Ibid.

[65] Australians Together Then, The Gap: Indigenous Disadvantage in Australia <http://www.australianstogether.org.au/stories/detail/the-gap-indigenous-disadvantage-in-australia> viewed 8 December 2015.

[66] Western Australian Parliament, Hon. Peter Charles Collier MLC BA, Dip.Ed. <http://www.parliament.wa.gov.au/parliament/memblist.nsf/WAllMembersFlat/Collier,+Peter+Charles?opendocument> viewed 9 December 2015.

[67] Government of Western Australia: Department of Aboriginal Affairs, Our Structure <http://www.daa.wa.gov.au/about-the-department/our-structure/> viewed 10 December 2015.

[68] Government of Western Australia: Department of Aboriginal Affairs, Boards and Committees <http://www.daa.wa.gov.au/about-the-department/boards/> viewed 10 December 2015.

[69] Wade Freeman, ‘Comment: Changes to Aboriginal Heritage Act threaten Aboriginal sacred sites in WA’, SBS 2015 <http://www.sbs.com.au/news/article/2015/05/12/comment-changes-aboriginal-heritage-act-threaten-aboriginal-sacred-sites-wa> viewed 19 December 2015.

[70] Government of Western Australia: Department of Training and Workforce Development, Aboriginal Workforce Development Centre <http://www.dtwd.wa.gov.au/awdc> viewed 10 December 2015.

[71] Increasing Indigenous employment rates publication

[72] Australian Indigenous Chamber of Commerce, Improving Indigenous employment in remote Australia <http://www.indigenouschamber.org.au/indigenous-employment-in-remote-australia/> viewed 10 December 2015.

[73] Creative Spirits, Aboriginal employment, jobs & careers <http://www.creativespirits.info/aboriginalculture/economy/aboriginal-employment-jobs-careers> viewed 10 December 2015.

[74] Most job opportunities cater to management or chef positions, with little relating to cultural positions Jora Australia, Remote Opportunities In jobs in Western Australia <https://au.jora.com/Remote-Opportunities-In-jobs-in-Western-Australia> viewed 19 December 2015.

[75] Commerce, above n

[76] Australian Bureau of Statistics, Prisoners in Australia, 2015 <http://www.abs.gov.au/ausstats/abs@.nsf/mf/4517.0> viewed 25 November 2015.

[77] Australian Bureau of Statistics, Prisoners in Australia, 2014: Western Australia <http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/4517.0~2014~Main%20Features~Western%20Australia~10019> viewed 25 November 2015.

[78] Government of Western Australia, ‘Department of Corrective Services: Annual Report 2014-2015’ (2015).

[79] Government of Western Australia: Department of the Attorney-General, Consequences of Not Paying <http://www.courts.dotag.wa.gov.au/C/consequences_of_not_paying.aspx?uid=1505-5477-9546-3831> viewed 25 November 2015.

[80] Legal Aid Wetern Australia, Licence suspension order for non-payment of a fine or infringement <http://www.legalaid.wa.gov.au/InformationAboutTheLaw/CarsandDriving/Drivinglicenses/Pages/LicenceSuspension.aspx> viewed 25 November 2015.

[81] Ford, above n viewed 25 November 2015.

[82] Wahlquist, above n viewed 28 November 2015.

[83] WA Labor September 2014 report; Hannah Scholte, ‘Do the Time to Pay the Fine’, Vice 2015 <https://www.vice.com/en_au/read/do-the-time-to-pay-the-fine-v22n9a> viewed 28 November 2015.

[84] Sydney Criminal Lawyers, Paying Fines by Doing Time <https://www.sydneycriminallawyers.com.au/blog/paying-fines-by-doing-time/> viewed 28 November 2015.

[85] National Archives of Australia, Royal Commission into Aboriginal Deaths in Custody – Fact sheet 112 <http://www.naa.gov.au/collection/fact-sheets/fs112.aspx> viewed 19 December 2015.

[86] Australian Human Rights Commission, Indigenous Deaths in Custody: Chapter 6 Police Practices <https://www.humanrights.gov.au/publications/indigenous-deaths-custody-chapter-6-police-practices> viewed 28 November 2015.

[87] Murdoch University, Silence in Court: Chapter Three: Police perspectives and practice by Teresa Ashforth <http://wwwmcc.murdoch.edu.au/readingroom/dreamtime/Ashforth/Terthes3.html> viewed 28 November 2015.

[88] Ibid.

[89] Creative Spirits, Aboriginal prison rates <http://www.creativespirits.info/aboriginalculture/law/aboriginal-prison-rates> viewed 28 November 2015.

[90] Murdoch University, above n viewed 28 November 2015.

[91] Wahlquist, above n viewed 28 November 2015.

[92] University, above n viewed 28 November 2015.

[93] Ibid.

[94] Aja Styles, ‘Three-quarters of children in jail are Aboriginal: advocates’, WAToday.com.au 2011 <http://www.watoday.com.au/wa-news/threequarters-of-children-in-jail-are-aboriginal-advocates-20110414-1dfgt.html>; Courtney Bembridge, ‘WA Chief Justice Wayne Martin fears language barriers putting innocent people behind bars’, ABC News 2015 <http://www.abc.net.au/news/2015-09-27/language-barriers-putting-innocent-people-in-jail,-judge-fears/6803004> viewed 19 December 2015. Not much has changed in four years.

[95] Australian Human Rights Commission, The Integration of Customary Law into the Australian Legal System: Speech by Mr Tom Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner viewed 19 December 2015.

[96] Antony Lowenstein, Australia’s treatment of indigenous population akin to apartheid <http://antonyloewenstein.com/2013/11/01/australias-treatment-of-indigenous-population-akin-to-apartheid/> viewed 1 December 2015.

[97] Helen Davidson, ‘Prison system is almost full, and overflowing in some states, report says’, The Guardian 2014 <http://www.theguardian.com/world/2014/jan/29/prison-system-full-overflowing-report-says> viewed 20 December 2015.

[98] Jade Macmillan, ‘WA prisons inquiry needed to prevent overcrowding, State Opposition says’, ABC News (Perth), 2015 <http://www.abc.net.au/news/2015-07-15/wa-needs-prisons-inquiry-to-prevent-overcrowding-opposition-says/6622640> viewed 20 December 2015.

[99] Croft, above n

[100] Homlessness Australia, Homelessness Australia fact sheets <http://www.homelessnessaustralia.org.au/index.php/about-homelessness/fact-sheets> viewed 10 November 2015.

[101] Ibid.

[102] Australian Government, Specialist homelessness services 2014–15 (2015) <http://www.aihw.gov.au/homelessness/specialist-homelessness-services-2014-15/ > viewed 11 December 2015.

[103] Australia, above n

[104] Patricia Karvelas, ‘Closing the Gap: how are we getting it so wrong?’, ABC The Drum 2015 <http://www.abc.net.au/news/2015-02-11/karvelas-closing-the-gap-how-are-we-getting-it-so-wrong/6086018> viewed 20 December 2015.

[105] Government of Western Australia: Housing Authority, Remote Aboriginal Housing Fact Sheets <http://www.housing.wa.gov.au/currenttenants/tenanttoolbox/rahfactsheets/Pages/default.aspx> viewed 11 December 2015. The Housing Authority does not have any other link specifically designed for any other races.

[106] Creative Spirits, Aboriginal houses <http://www.creativespirits.info/aboriginalculture/land/aboriginal-houses> viewed 11 December 2015.

[107] Government of Western Australia, Housing Authority: Private Rental Aboriginal Assistance Loan <http://www.housing.wa.gov.au/housingoptions/rentaloptions/praal/Pages/default.aspx> viewed 11 December 2015.

[108] Authority, above n ; Community Housing Limited, About Us <http://www.chl.org.au/About-Us/> viewed 11 November 2015.

[109] Spirits, above n viewed 11 November 2015.

[110] Government of Western Australia, Housing Authority: Regional Service Providers <http://www.housing.wa.gov.au/currenttenants/aboriginalhousing/rsp/Pages/default.aspx> viewed 11 November 2015.

[111] Spirits, above n viewed 11 November 2015.

[112] Australia, above n viewed 11 November 2015.

[113] Australian Government: Institute of Family Studies, Aboriginal family issues by Yolanda Walker <https://aifs.gov.au/publications/family-matters/issue-35/aboriginal-family-issues> viewed 20 December 2015.

[114] Authority, above n viewed 12 November 2015.

[115] Creative Spirits, Native title issues & problems <http://www.creativespirits.info/aboriginalculture/land/native-title-issues-problems> viewed 20 December 2015.

[116] David Shoebridge – Greens NSW MLC, Indigenous project funding hoovered up by mining companies <http://davidshoebridge.org.au/2015/12/07/indigenous-project-funding-hoovered-up-by-mining-companies/> viewed 8 December 2015.

[117] Australian Government: Department of Infrastructure and Regional Development, Local Government Infrastructure <http://regional.gov.au/local/publications/reports/2003_2004/C4.aspx> viewed 20 December 2015.

[118] Local Government Act 1995 (WA) section 6.16.

[119] Metropolitan councils have much higher levels of income than regional or remote councils, as noted in other areas of this submission.

[120] Australian Bureau of Statistics, Housing and Services in Remote Aboriginal and Torres Strait Islander Communities <http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Chapter9202008> viewed 20 December 2015.

[121] Western Australian Local Government Grants Commission, Schedule of Final Financial Assistance Grants 2015/16 (Including Advance Payments) (2015).

[122] Melville Council, Budget 2014-2015 (2015).

[123] Shire of Meekatharra, Adopted Budget 2014-2015 (2015).

[124] City of Fremantle, Budget for the Year Ended 2016 (2015); city of Cockburn, Anuual Budget 2015/16 (2015); City of Perth, Budget 2014/15 (2014); Council, above n, Shire of Derby/West Kimberley, Statutory Budget 2015/2016 (2015); Meekatharra, above n.

[125].Rebecca Mitchell, ‘Explain to me: Why is the government closing remote Aboriginal communities?’, Mamamia 2015 <http://www.mamamia.com.au/closure-of-aboriginal-communities/> viewed 20 December 2015.

[126] Croft, above n

[127] Ibid.

[128] Foundation, above n .

[129] Two examples are Croft, above n and Gooda, above n , although there are many more from many different authorities.

[130] Tim Dick, ‘Time to listen to what Indigenous people are saying’, Sydney Morning Herald 2015 <http://www.smh.com.au/comment/time-to-listen-to-what-indigenous-people-are-saying-20150801-gipkvn.html> viewed 20 December 2015.

[131] Creative Spirits, Aboriginal population in Australia <http://www.creativespirits.info/aboriginalculture/people/aboriginal-population-in-australia> viewed 20 December 2015.

[132] Australians Together, Assimilation Policies <http://www.australianstogether.org.au/stories/detail/assimilation> viewed 20 December 2015.

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