The role
of the representative body in advocating for the vulnerable was highlighted — be it for children, women and the elderly; and in the fight against poverty.
The inadequate
funding of representative bodies relative to their statutory functions has had the cumulative effect of undermining their capacity to adequately promote and protect Indigenous interests in the native title process.
The vulnerability to short recognition periods undermines the
ability of representative bodies to make medium to long - term plans that are essential if representative bodies are to be effective.
It is fascinating to observe that every major review of national representative bodies has resulted in a series of recommendations for
reform of those representative bodies to make them more effective.
I am concerned that the net effect of the proposed amendments to the regulatory regime applicable to representative bodies is a further
erosion of representative body independence.
Only 25 % of traditional owner respondents claimed an understanding of agreements, while 60 %
of their representative bodies claimed that traditional owners were able to understand agreements.
Local government representatives also gave evidence that the
resources of representative bodies are so tied up in litigation, the representative body re-recognition process and re-registration of native title claims that they do not have the capacity to negotiate agreements (including future act agreements) and that this impedes local and regional development.3
Following the changes, in recognising an eligible body as a representative body, the minister only needs to be satisfied that the body is, or will be able to, perform the functions
of a representative body satisfactorily.33
It also contributes social and cultural capital, property rights, established relationships with government and companies through the claims and agreement processes, and a national
network of representative bodies specialised in assisting traditional owners to achieve their goals.
I have not included gender in this list of different groupings for the simple reason that to me, this is a non-negotiable
aspect of a representative body — whatever its composition and representative structure, it must have a gender balance to be credible.
Whether or how the national
structure of the representative body should involve Indigenous peak bodies, other regional or state based Indigenous bodies and / or Indigenous service delivery organisations in its activities — for example, directly in its decision making or in an advisory role;
I believe, however, that the net effect of these changes is the erosion of the security of status and administrative independence
of representative bodies from the Commonwealth executive.
AV IS NOT WANTED - EVEN BY THE YES CAMPAIGN: Before the general election, Nick Clegg described AV as «a miserable little compromise» and the Electoral Reform Society said they did «not regard it as suitable for the
election of a representative body, e.g. a parliament».
Appearing in unedited form in the Gazette on the first working day of the year, it must have left an extraordinary impression on those practice fee paying solicitors not familiar with the internal
workings of their representative body.
Ultimately, what this will be about will be making the body «government proof» so that the dictates of any particular government can not destroy the
integrity of the representative body with the stroke of a pen and a slash of the budget.
A lack of appropriate representation of women and youth in national Indigenous governance structures, including at the highest levels of office, can impact on the confidence and
legitimacy of the representative body among its constituents.