The incorporation of the provisions of
Indigenous framework agreements on health into the next Health Care Agreements negotiated with the states and territories, creating a more direct link between Commonwealth funding for Indigenous health, the national policy role of the Commonwealth, the service delivery roles of the states and territories and the role of community controlled services (Recommendation 7).
Not exact matches
establish a
framework for negotiations /
agreements with
Indigenous peoples to address the unfinished business of reconciliation; and
establishing a
framework for negotiations /
agreements with
Indigenous peoples to address the unfinished business of reconciliation;
The Western Australian Aboriginal Native Title Working Group (WAANTWG) has proposed that
Indigenous parties provide a negotiation report rather than a connection report to clarify issues among relevant
Indigenous groups in relation to what interests should be addressed in
framework agreements and resulting negotiations.
Developing a remote education strategy and accountability
framework, embedded in the National
Indigenous Reform
Agreement and in the relevant National Partnership
Agreements;
Where
framework agreements create legal relations,
Indigenous parties may encounter enforcement difficulties if the development envisaged has proceeded without providing promised benefits, such as training or employment targets.
This chapter focuses on
framework agreements as an opportunity for both
Indigenous and non-
Indigenous parties to settle upon a set of standards for the co-existence of their interests in land.
The 1996 Cape York Peninsula Heads of
Agreement agreement [15] between Indigenous people, pastoralists, and conservation groups shows that, at a framework level, native title parties can secure their entitlements and interests in developments on th
Agreement agreement [15] between Indigenous people, pastoralists, and conservation groups shows that, at a framework level, native title parties can secure their entitlements and interests in developments on th
agreement [15] between
Indigenous people, pastoralists, and conservation groups shows that, at a
framework level, native title parties can secure their entitlements and interests in developments on their land.
The
agreement will give people a
framework for how to talk to each other - what issues to consider, how to organize meetings and who to talk with, but the final
agreements (ILUAs - Indigenous Land Use Agreements) about particular places would be controlled by the native title claimants for those places, not this statewide
agreements (ILUAs -
Indigenous Land Use
Agreements) about particular places would be controlled by the native title claimants for those places, not this statewide
Agreements) about particular places would be controlled by the native title claimants for those places, not this statewide
agreement.
The question then arises as to how to ensure
Indigenous communities are effectively involved in a
framework agreement.
The Social Justice Commissioner will, over the coming twelve months, establish what mechanisms have been put into place in
framework agreements between the Commonwealth and the states and territories, including in relation to health and housing, to ensure appropriate participation of
Indigenous peoples.
Issues that can be addressed through
agreements consistent with human rights principles include meaningful acknowledgement of
Indigenous interest in the relevant area, recognition and protection of contemporary cultural practices, allowing (and where necessary, assisting) the involvement of all native title holders who may be affected by outcomes of any
framework agreement, and ensuring a cooperative approach to implementing any
agreement.
Local governments can also use
framework agreements to address
Indigenous issues with the informed consent of the traditional owners in their shire.
Brumby said it was crucial that any future design of performance reporting
frameworks and targets must involve
Indigenous stakeholders as equal partners, saying consultation with governments is required under the Intergovernmental
Agreement (IGA) on Federal Financial Relations: «It should extend to key
Indigenous stakeholders such as the Closing the Gap coalition.»
That the Australian Government, through COAG, develop a remote education strategy and accountability
framework to be embedded in the National
Indigenous Reform
Agreement and in the relevant National Partnership
Agreements.
The National
Indigenous Reform
Agreement is the overarching
framework for the Close the Gap
agreements.
The amendments also established a
framework for consensual and binding
agreements about future activity known as Indigenous Land Use Agreements
agreements about future activity known as
Indigenous Land Use
AgreementsAgreements or ILUAs.
Having introduced such
framework legislation, and provided appropriate resources for
agreement processes to be entered into, the second stage of the process is a commitment to work towards amending the Commonwealth Constitution along similar lines to the current section 105A to provide the Commonwealth with the power to make
agreements with
Indigenous peoples.
Fundamental to the establishment of an equality
framework for addressing
Indigenous disadvantage in Australia is the existence of a sufficient statistical base at the national level,
agreement on a national benchmarking
framework and effective monitoring and evaluative mechanisms.
That the federal government coordinate the negotiation of
framework agreements under the COAG National Commitment to improve coordination and standardisation of data collection between the federal, state and territory governments, ATSIC,
Indigenous organisations and service delivery agencies.
Alongside these processes should be the negotiation of a
framework agreement (or treaty) at the national level, and negotiation of
agreements at the regional and local levels recognising
Indigenous rights and dealing with «unfinished business».
As I have indicated
framework agreements provide an opportunity to both
Indigenous and non-
Indigenous parties to settle upon a set of standards for the co-existence of their interests in land.
That the federal government introduce
framework legislation providing legislative support for the negotiation of
agreements with
Indigenous peoples at the national, regional and local levels.
Further, it is my view that the establishment of an ongoing legal
framework for
agreements between governments and
Indigenous peoples based on mutual partnership will fundamentally bolster the level at which self - determination can be exercised, and that more «practical benefits» such as those associated with overcoming disadvantage, will result as a corresponding outcome over time.
Commercial
agreements negotiated by
Indigenous parties in the resource sector, state and regional -
framework agreements relating to service delivery and a comprehensive
agreement making approach negotiated as a result of rights, conferred by the beneficial effect of Mabo and subsequently the NTA, are increasingly important in the political and legal landscape of
agreement making in Australia.
There are many examples of States and peak bodies entering
framework agreements with
Indigenous representatives in order to set standards and templates for subsequent site - specific or project - specific
agreements.
Corporate Responsibility - Developing principles on Resource Development on
Indigenous land:
Frameworks for Negotiation of Mining
Agreements
The report calls for a commitment to overcoming
indigenous disadvantage as an urgent national priority and makes 14 recommendations including negotiation of a national framework agreement (or treaty), an entrenched guarantee against racial discrimination, better accountability and transparency of Governments and processes to ensure more effective participation of Indigenous peoples in the decision - makin
indigenous disadvantage as an urgent national priority and makes 14 recommendations including negotiation of a national
framework agreement (or treaty), an entrenched guarantee against racial discrimination, better accountability and transparency of Governments and processes to ensure more effective participation of
Indigenous peoples in the decision - makin
Indigenous peoples in the decision - making process.
It must be recognised, however, that the COAG Principles for government service delivery to
Indigenous Australians already require governments to work together to better coordinate their service delivery and so, strictly speaking, the alignment of health service delivery with the new arrangements is not dependent on the re-negotiation of the
framework agreements.
Whether commencing a native title claim process, negotiating an
Indigenous Land Use
Agreement or establishing a Prescribed Body Corporate, we need appropriate
frameworks for participation, decision - making and conflict management to prevent behaviours that result in lateral violence.
establishing replacement processes for the participation of
Indigenous peoples in Commonwealth - State
framework agreements;
The new policy
framework developed by COAG (as reflected in the National
Indigenous Reform
Agreement and the Closing the Gap strategy) represents a comprehensive, coherent and ambitious agenda for reform.
... at the outset of any native title
agreement - making process, there is a need for the negotiation of an agreed decision - making and dispute management
framework amongst the
Indigenous parties as a prerequisite to the successful implementation and sustainability of
agreements.
Fourth, the specific commitments to address Aboriginal and Torres Strait Islander health inequality have progressed parallel to the
agreement by COAG of commitments and processes to address Aboriginal and Torres Strait Islander disadvantage more generally (such as through the establishment of the Overcoming
Indigenous Disadvantage reporting
framework and the principles for service delivery to Aboriginal and Torres Strait Islander peoples).
The bilateral
agreements will provide the overarching
framework for federal - state relations on
Indigenous affairs.
Principally these include the commitment of the Northern Territory government to the outcomes of the 1997 National Summit on Deaths in Custody (and the development of a
framework for implementing the recommendations of the Royal Commission into Aboriginal Deaths in Custody); the recommendations relating to contemporary removals in the Bringing them home report; the Social Justice package proposals for principles to underpin the negotiation of local or regional
agreements with
Indigenous peoples; the recommendations and national strategies of the Council for Aboriginal Reconciliation; and in future consideration of an appropriate statehood model (and Constitution) for the Northern Territory.
The Commission notes that
framework agreements provide an option where
agreements can be made publicly available without compromising the confidentiality of the provisions relating to sensitive issues such as economic benefit or the protection of
Indigenous knowledge.
Establish a
framework for negotiations /
agreements with
Indigenous peoples to address the unfinished business of reconciliation;
While the legal
framework for native title restricts its capacity to improve economic and social conditions for
Indigenous people, the Report recognises that the native title
agreement - making process provides an invaluable opportunity for States and Territories to take a broader policy approach.
However, even where
framework agreements based on human rights principles are a preferred option, the failure of the legal system to provide mechanisms for
Indigenous parties to enforce them requires a political solution.
The South Australian Government developed a State - wide
framework for negotiations, the South Australian
Indigenous Land Use
Agreement (ILUA) State - wide Negotiations to South Australian Native Title Resolution.
HREOC believes that this
framework will provide a road - map for consultation between the NSW government and
Indigenous advisory bodies and peak organisations to develop sustainable partnership
agreements for the delivery of health services to Aboriginal communities.
This
framework also provides best practice guidelines for
Indigenous decision - making,
agreement making and dispute management processes.
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 design of a legislative
framework for identifying and negotiating outstanding issues in the recognition of the rights of Aboriginal and Torres Strait Islander peoples (e.g. Government to consult with
Indigenous communities to establish the basis for negotiation with governments and agree on representative structures through which they will undertake those negotiations; the Commonwealth Parliament legislate to establish a
framework for negotiation and
agreement on the unresolved issues of reconciliation).