report on & proposal for - swan hill rural city council · report on & proposal for ......

SHRCC Aboriginal Partnership Plan

Report on & Proposal for

Swan Hill Rural City Council

Aboriginal Partnership Plan

For questions relating to this document, please contact:

Rob Connelly

Manager Aboriginal Affairs


Swan Hill Rural City Council

45 Splatt Street.

Swan Hill VIC 3585

Ph: 03 5036 2333

Table of Contents

1. Introduction ___________________________________________________________________ 3

2. Background_____________________________________________________________________ 3

3. Map of Native Title Claims ___________________________________________________ 5

3. Swan Hill Rural City Council (SHRCC) Activities to Date ____________________ 6

4. Imperatives _____________________________________________________________________ 7

4.1 Principles of Good Governance ________________________________________________ 7

4.2 Native Title Claim _____________________________________________________________ 7

4.3 Aboriginal Cultural Heritage __________________________________________________ 8

5. Implications __________________________________________________________________ 11

6. First Steps ____________________________________________________________________ 11

7. Best Practice __________________________________________________________________ 12

8. Future Steps __________________________________________________________________ 14

9. Aboriginal Partnership Plan (APP) _________________________________________ 15

10. Commitment to Indigenous people by Swan Hill Rural City Council ______ 19


https://alfresco.swanhill.vic.gov.au/alfresco/aos/Sites/governance/documentLibrary/Plans and Strategies/Aboriginal Partnership

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1. Introduction

This paper presents a discussion around the need for Swan Hill Rural City Council to improve its

practices in Aboriginal affairs. It provides some background to the topic, reviews the imperatives,

and proposes an Aboriginal Partnership Plan (APP) which will increase Council's competencies

in Aboriginal affairs and support a range of related strategic activities.

2. Background

The Latji Latji, Tati Tati, Wamba Wamba, Barapa Barapa and the Wadi Wadi Peoples are

considered the original custodians of the land now known as the Swan Hill Rural City Council,

and our region remains strong in Aboriginal Cultural Heritage values. Key cultural sites

throughout the Council, were meeting places for the purposes of social contact, ceremonies,

marriage, trade and for deciding issues of customary law. The Murray River was a constant

source of both food and water and an integral aspect in the day-to-day lives of Aboriginal

people.

A map detailing the traditional owner’s lands within the municipality can be found on

www.foundingdocs.gov.au

European settlement of the region severely disrupted the significant spiritual, cultural and

physical relationship with the land that the Latji Latji, Tati Tati, Wamba Wamba, Barapa Barapa

and the Wadi Wadi Peoples and their neighbouring groups had maintained for many thousands

of years.

At the time of the most recent census (2006), the Aboriginal population of the Swan Hill Rural

City Council numbered 741. This population is comprised of both Aboriginal people with

traditional owners and custodians (Latji Latji, Tati Tati, Wamba Wamba, Barapa Barapa and the

Wadi Wadi Peoples) and Aboriginal people who are historical to the area due to previous

Government policy.

This represents 3.58% of the total Council population, which is seen as historically low based on

empirical evidence. However, the causes for such low numbers are under reported due to a

variety of circumstances in Census data during the collection period.

The Swan Hill Aboriginal Health Service has indicated that it has evidence based statistics

showing a total Aboriginal population of 1,600 in the municipality.

These groups are important components of the Aboriginal community, although some issues

(heritage and native title) relate particularly to traditional owners. It should be noted that the

number of Aboriginal people recorded through the population census is generally considered to



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be lower than the actual numbers' due to under-reporting and non-identification.

Further, it should be noted from the outset that:

A large number of resident Aboriginal people are owners of private and shared property

within the Swan Hill Municipality, and are ratepayers.

Swan Hill Municipality has as a percentage of population, the highest Aboriginal

representation compared with the rest of Victoria.

Numbers of traditional and historical Aboriginal people, which are split into distinct relationships,

are involved with three (3) native title claims focused on;

Wamba Wamba, Barapa Barapa and the Wadi Wadi Peoples

Latji Latji Peoples

Robinvale Aboriginal Community



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3. Map of Native Title Claims



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3. Swan Hill Rural City Council (SHRCC) Activities to Date

SHRCC activities in relation to Aboriginal Affairs have been largely limited to the themes of

Reconciliation, Cultural Heritage management and Native Title.

In the late 1990’s high-level discussions were held in Robinvale to develop an Aboriginal Land

Use Agreement (ILUA) but due to unforeseen circumstances this did not progress.

Where Reconciliation is concerned, the Swan Hill Rural City Council has worked with local

Aboriginal community members to celebrate and support NAIDOC week flag raising ceremonies.

Council welcomes the increasing level of ownership that the Aboriginal community is taking of

this important week. Simultaneously Council has formulated a Commitment to Aboriginal

Peoples document (see attached), and has offered financial and administrative support to the

CROC Festival.

Council, whilst continuing to display Aboriginal artefacts and history at the Swan Hill Pioneer

Settlement, a partnership with traditional owners and custodians is soon to commence a review

of the way Aboriginal themes, as well as that of European settlement, is portrayed at the

Settlement. Additionally, Council also took the lead role in creating the Lake Boga Story Wall,

which is one of the 6 symbols of reconciliation around Australia.

Council also provides culturally appropriate services, within its care service provision such as

Home and Community Care (HACC), Maternal & Child Health, Family Day Care. Council also has

developed and adopted a range of policies and procedures that are inclusive of its Aboriginal

community. In relation to the cultural heritage management within the Council area, this has

traditionally been left to Aboriginal Affairs Victoria and does involve the local traditional owners

and custodians who do culturally appropriate care of sites throughout the municipality. The

implementation of the Aboriginal Heritage Act (2006), with the need to provide Cultural Heritage

Management Plans is a step forward in the identification and preservation of local Aboriginal

Cultural History.

Council is a party to the three (3) local native title Claims over Crown Land in the municipality (this

claim also encompasses several nearby municipalities). Swan Hill Rural City Council has not been

involved directly in any negotiations, but has its interests represented by the State Government.

Council has demonstrated an awareness of Aboriginal issues and taken a proactive role such as

the Lake Baker project in which an ancient Aboriginal burial site was disturbed and Council

implemented a strategy to both preserve the site whilst providing ongoing vehicular access.

Both elements being complementary to cultural preservation and managing infrastructure in a

modern environment.



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4. Imperatives

There are a number of imperatives for strengthening the relationship between Swan Hill Rural

City Council and the local Aboriginal communities. These are presented below under the three

key domains of Good Governance, Native Title and Cultural Heritage.

4.1 Principles of Good Governance

The Local Government Act 1989 states that the objectives of a local Council are to: 'facilitate the

involvement of members of the community in the development, improvement and coordination

of local government,' and to `represent and promote the interests of the community and to be

responsive to the needs of the community.' It is important to note that 'community' is used here

in a very broad sense, and does not exclude any sub-group.

The Good Governance Guide (Good Governance MAS Advisory Group 2004) further notes that

the notion of `community' refers to the `myriad groups, individuals and interests' that comprise a

municipality; and this definition draws no distinction between Aboriginal and non-Aboriginal

Council residents.

Although the relationship between Council and the local Aboriginal people is generally good, the

Swan Hill Rural City Council is still faced with difficulties meeting its ideal to 'represent and

promote the interests of the community and to be responsive to the needs of the community.'

For the standards of good governance to be attained, the Council is willing to take concrete

steps to facilitate and maintain a relationship with the Aboriginal community that is ongoing,

responsive and multidimensional.

Recognition of these factors is already contained in the Councils’ Values, Council Plan, Key

Responsibility areas, strategies and 4 year planned initiatives.

Reflecting upon these ambitions, Council, in partnership with both the Federal and State

Governments, has co-jointly funded a position within Council of Manager Aboriginal Affairs with

additional project funding support.

4.2 Native Title Claim

As previously mentioned, another key factor is the existence of native title claims by;

Wamba Wamba, Barapa Barapa and the Wadi Wadi Peoples

Latji Latji Peoples

Robinvale Aboriginal Community

These claims encompass several nearby municipalities. No freehold land is affected by these



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applications.

At this point of time indications from the Native Title Tribunal are that these claims will be

decided in the near future.

4.3 Aboriginal Cultural Heritage

Swan Hill Rural City Council is currently handling its Aboriginal cultural heritage obligations at an

acceptable level, and needs to become even more proactive and adaptive to change to minimise

risk.

This risk exposure is due to the lack of any comprehensive and predictive Aboriginal Cultural

Heritage Study and the lack of any associated local policy/overlay incorporated in the Planning

Scheme.

Identified areas have recently been supplied by Aboriginal Affairs Victoria to support Councils.

The AAV (Aboriginal Affairs Victoria) ceased its role as a planning referral agency for Aboriginal

heritage matters in 2002, and since that time the responsibility for Aboriginal heritage protection

and management has resided with local government (as designated planning authority). In

future this will need to be done in partnership with the traditional owners and/or Registered

Aboriginal Parties with reference and involvement from Aboriginal Affairs Victoria due to the

Aboriginal Heritage Act 2006 coming into effect.

There has been a clear legal requirement for the Swan Hill Rural City Council to, for some time,

ensure adequate protection for Aboriginal Cultural Heritage. In particular, the following laws

apply:

Commonwealth

The Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984 -

amended in 1987 to provide specifically for the protection of Aboriginal cultural

property in Victoria by adding a new Part HA. Part IIA is understood to be capable of

protecting a broad range of places (including areas/sites) that hold cultural significance

for Aboriginal people. Protection applies regardless of whether the place contains

material evidence or past Aboriginal occupation (such as occupation deposits,

structures or art motifs), and can apply to contemporary Aboriginal cultural property as

well as ancient and historical places.

The Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984

identifies the North West Nations Clan Aboriginal Corporation and the Murray Valley

Aboriginal Co-operative Ltd. as the custodians (over different regions) of Aboriginal



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cultural heritage in the Swan Hill Rural City Council.

Victoria

State Archaeological and Aboriginal Relics Preservation Act 1972 - Except for human

remains buried after 1834, the State Act provides 'blanket' or automatic protection for

all 'relics' (including sites, artefacts and human remains) relating to the past Aboriginal

occupation of Australia, both before and after the arrival of Europeans. The State Act

protects all relics, whether or not they have been formally recorded.

State Aboriginal Heritage Act 2006 - Prior to the above Act, Commonwealth and State

legislation protect Aboriginal Cultural Heritage in Victoria. The Commonwealth

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 provides for the

protection of significant Aboriginal areas and objects and other Aboriginal cultural

property in Victoria from injury or desecration. Under this legislation, 'Aboriginal

cultural property' is defined broadly to include any Aboriginal place, object or folklore

(including traditions or oral history) that is of particular significance in accordance with

tradition.

The Victorian Archaeological and Aboriginal Relics Preservation Act 1972 operates in

conjunction with Part IIA of the Commonwealth legislation and provides for the

protection of physical evidence of past occupations, such as relics, artifacts and human

remains. Changes to the Commonwealth legislation by the Aboriginal and Torres Strait

Islander Heritage Protection Amendment Bill 2005 repealed Part IIA to enable the

Victorian Government to administer Aboriginal Heritage Protection Laws in Victoria

directly.

Victorian State Planning Policy Framework Clause 15.11 - Requires responsible

authorities to identify, conserve and protect places of natural or cultural value from

inappropriate development. These include places of Aboriginal Cultural Heritage

significance, including historical and archaeological sites.

Breaching the relevant Commonwealth and/or State Acts by damaging Aboriginal Cultural

Heritage material - whether known or previously unrecorded, whether registered or not-entails

significant risk. At one end of the scale, individuals are liable for fines of $10,000 and

corporations (including local govt) for $50,000 in the case of damage to Aboriginal Cultural

Heritage; and at the other end of the scale, the relevant Aboriginal statutory body may impose

an emergency 'stop-work' order on any development activity it believes is endangering



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Aboriginal heritage material or places.

Clearly, the amount of current and future greenfield development in the Swan Hill Rural City

Council presents a degree of likelihood that Aboriginal cultural material will be identified and

protected through the use of Cultural Heritage Management Plans. It is also pertinent to note

that even when private developers are at fault in disturbing heritage material, it is invariably

Council who are enjoined to sort out the issue.



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5. Implications

If the Swan Hill Rural City Council is to fulfil its obligation to the local Aboriginal communities and

to itself in terms of good governance, Native Title and Aboriginal Heritage, several pieces of

strategic work are necessary. These have been detailed in the boxes in the preceding section,

and may include, in no priority order:

Development of an Aboriginal Employment Policy.

Relationship-building activities.

Ensuring responsive and culturally appropriate service provision is maintained.

Development of a Diversity and Equity Policy.

Development of a Protocol to guide Agreement-making.

Finalising an in principle Land-use Agreement (in lieu of Native Title claim).

Aboriginal Heritage being identified through the Aboriginal Heritage Act and added to

existing Aboriginal Cultural Heritage mapping provided through AAV, to develop an

expanding relevant database.

Educating Council and Community – building capacity in the aboriginal community and

promoting tolerance within the broader community initially through Community Planning

Project.

Pioneer Settlement Masterplan incorporating Keeping Place.

Culturally Safe Policy.

6. First Steps

In the case of the Swan Hill Rural City Council, the key issues listed above suggest the most

effective approach would be the development of a tool for some 'future steps'. Clearly, such a

tool would not preclude the necessary strategic work. However, this tool or action plan would

function as a basis for such activities, by skilling both parties in effective and meaningful

dialogue.

What is proposed, therefore, is the attached Aboriginal Partnership Plan (APP). The APP is a

capacity-building plan, by which the Swan Hill Rural City Council in partnership with the Swan Hill

Aboriginal Health Service and the Robinvale Murray Valley Aboriginal Co-Operative, can build its

competencies in Aboriginal affairs, in order to embark on key pieces of strategic work with

increased confidence and a higher skill level. The APP builds on current Best Practice in



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consultation and relationship building with Aboriginal and Torres Strait Islander communities and

provides a basic framework for further learning, dialogue and action.

7. Best Practice

This document therefore draws primarily on the Toomnangi report (2002), which documents the

findings of the MAV's study of Aboriginal Communities and Victorian Local Government.

Toomnangi was developed to provide:

Encouragement and support for existing local government initiatives to further

partnerships and improve service delivery to Aboriginal communities;

Assistance to Councils in developing strategies to support and promote local programs for

Aboriginal constituents;

Examples of ways to form inclusive relationships between councils and Aboriginal

communities; and

A contribution to a statewide long-term effort to advance understanding and

reconciliation.

A total of 78 Councils, including Swan Hill Rural City Council, participated in the study

(undertaken via a questionnaire). While not every Council responded to each of the questions,

the report demonstrates some clear patterns across the State. Of particular note is the section

which sought to better understand the limitations and constraints Councils felt impeded their

ability to be more actively involved in Aboriginal issues; and the section which asked is there any

form of assistance that would help Councils to better meet the needs of its Aboriginal community.

A summary of these results is presented below.

Toomnangi Report: Limits to being more involved (66 Councils responded)

Clearly, the feedback provided by the 66 Councils who responded to the question around

37%

37%

8%

5%

4%

3%3%

3%

1

2

3

4

5

6

7

8

Small Aboriginal population, balance between whole of community

needs and needs of one group (36%)

Resources (36%)

Attitude of wider community (8%)

Communication issues with Aboriginal community (5%)

Aboriginal community members not interested (4%)

Political will of Council (3%)

Other bodies directly deliver services to Aboriginal people (3%)

Division within the local Aboriginal community makes it difficult to

know who to deal with (3%)



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limitations indicates two dominant responses: the difficulties of achieving a 'balance' between

the needs of the community as a whole and the needs of a much smaller (Aboriginal) group, and

the difficulties presented by an apparent lack of resources. While municipality-specific

responses were not presented, it is likely that these issues may have some relevance to the Swan

Hill Rural City Council, where the Aboriginal population is relatively large at around 3.58 per cent

(compared with around 0.6 per cent across Victoria as a whole).

Toomnangi Report: Suggestions for improvements (49 Councils responded)

Where Councils responded to the question of improvements (49 Councils), several themes

emerged. The need for resource materials and information on cultural protocols rated highly,

with the need for adequate funding also rating significantly. Most notable was the fact that the

total set of responses demonstrated a variety of approaches to improving practice in Aboriginal

Affairs, suggesting that a multi-faceted approach may be the most beneficial.

In order to ensure the Swan Hill Rural City Council Aboriginal Partnership Plan (APP) builds upon

best practice and the most pertinent research around local government relationships with

Aboriginal communities, the APP is presented here with specific reference to potential Council

responses to the range of improvements presented in the Toonmangi report.

In order to ensure the Swan Hill Rural City Council Aboriginal Partnership Plan (APP) builds upon

best practice and the most pertinent research around local government relationships with

Aboriginal communities, the APP is presented here with specific reference to potential Council

responses to the range of improvements presented in the Toonmangi report.

28%

28%

19%

9%

8%

8%

1

2

3

4

5

6

Resource material for Councils (25%)

Information on cultural protocol (25%)

Funding (17%)

Regularly updated information on key contacts (8%)

Case studies about needs, issues (7%)

Sharing what has worked, good ideas (7%)



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8. Future Steps

The Aboriginal Partnership Plan provides a blueprint for establishing a respectful and meaningful

relationship with the Aboriginal communities within the municipality. Once considered by

Council, the Plan has been developed in partnership with traditional owners and custodians and

historical Aboriginal people connected to the municipality.

The A.P.P has been endorsed though letters of support from the Swan Hill Aboriginal Health

Service and the Robinvale Murray Valley Aboriginal Co-Operative, these 2 organisations are the

leading Aboriginal organisations of Swan Hill and Robinvale

Discussions and endorsement at this level have enabled Council to determine the parameters

and the detail of some of the actions proposed in the APP, including, for example, the preferred

means by which Council can acknowledge traditional ownership.

From the outset it must be reinforced that a true partnership between Council and the local

Aboriginal community is essential prior to the formal adoption by Council. The engagement

process has been paramount to ensure success of this venture.

Leadership for this initiative rests with Council.

Council has already furthered the ambitions of the Plan with the agreement to employ a

Manager Aboriginal Affairs. The Manager’s role will be multifaceted. The Manager will be

responsible for implementing, refining and expanding upon the APP. Additionally, the

networking role will expand with the recent State Government initiative of appointing a Local

Indigenous Network Broker (LIN).

The Manager will also be funded to achieve specific employment and youth initiatives outcomes.

SHRCC Aboriginal Reconciliation Plan

https://alfresco.swanhill.vic.gov.au/alfresco/aos/Sites/governance/documentLibrary/Plans and Strategies/Aboriginal Partnership Plan.doc

9. Aboriginal Partnership Plan (APP)

TABLE 1: Aboriginal Partnership Plan (DPP) 2008

Improvement Area Nominated within Toomnangi Report

SHRCC Action Responsibility Timeframe Resources Link with Council Plan

Council Plan Strategies

Engagement with Local Aboriginal Communities

Establish protocols and meetings

to ensure support for proposed

process of implementing the APP


Early 2009 Internal Governance & Leadership

Developing Open Community Relationships

Develop a model to provide

adequate training for the

sustainability of emerging

Aboriginal small business

operators


A Economic Development Unit

Mid 2009 Internal Governance & Leadership


Resource Material for Councils

Obtain and distribute

information on local Aboriginal

history and cultural heritage to

Councillors and officers.


Early 2009 Source information Sustainable Communities

Building Community Capacity

Include Aboriginal names (after

consultation) for consideration of

Asset Naming Committee


2009/10 DIIRD & Internal Sustainable Communities


Inclusion of statement of

Aboriginals’ as traditional owners

as part of Council Profile

document [see cross-cultural

training]


2009/10 None Governance & Leadership


Information on Cultural Protocol

Implement existing cultural

heritage procedures/referrals in

land-use planning activities


Mid 2009 None Governance & Leadership

Nurturing Critical External Relationships

Develop protocol on when/how to

1. give acknowledgement of

country,

2. raising of Aboriginal flag,

3. other relevant governance

activities as part of Councils

day to day activities


&

Director Development & Planning

Early 2009 None Sustainable Communities

Celebrating our Identity






Develop brief for Aboriginal

Heritage Study and seek funding

to match in-house

support/funding

as part of Council Planning

Scheme review


& Manager Development Services

Development of Brief: April 2009. Funding applications: when available

State-/Federal

funding to be

determined.

Economic Growth

Strategic Planning

Regularly Updated

Information on Key Contacts

Develop working relationships

with the local Aboriginal people

as well as Aboriginal Affairs

Victoria in order to be updated on

key contacts.


Ongoing None Sustainable Communities


Case Studies about Needs,

Issues

Consultation with Aboriginal

community, to identify service

gaps in Government agency

delivery


2009 To be conducted in- house within existing budget

Sustainable Communities


Development of Policy statement

and Strategy on employing and

skilling Aboriginals within

Council

Manager Aboriginal Affairs & Director Community & Cultural Services

Mid 2009 To be conducted in- house within existing budget



Gain recognition of existing

programs and initiatives that

target Aboriginal issues.

Director Community & Cultural services (in partnership with Managers)

Ongoing Media, both internal and external



Sharing What has Worked,

Good Ideas

Join and participate in Municipal

Association of Victoria's Local

Government Aboriginal Network

Council Commencing 2009

None Governance & Leadership

Nurturing Critical External Relationships

Best practice research/analysis in

Aboriginal-specific policy

development

Manager Community Facilitation

Ongoing None Governance & Leadership

Responsible Management of Resources






Establishment of a Cross-Council

Aboriginal Working Group, to

link with Horizon and Connectus

projects and to also to function

as key Aboriginal interface


&

Council

December 2008 Internal Governance & Leadership


Best Value Service Reviews

wi th Specific Approaches for

Known Groups

Address Best Value assessment

frameworks with emphasis on

Council service delivery to

Aboriginal groups to ensure

optimal service delivery to the

Aboriginal community

Executive Management Team

From December 2008

Internal Governance & Leadership


Native Title Status reports

Provide ongoing status reports

on Native Title claims to Council.

Manager Community

Facilitation

Commence 2009 Victorian State Government is providing the required legal representation

Governance & Leadership


Cross Cultural Training

Source Aboriginal cross-cultural

training for delivery to Councillors

and officers.

Human Resource

Manager & Manager

Aboriginal affairs

Training to be devised and delivered to Councillors in 2009.

All employees by end 2009. Forms part of new employee induction process.

To be determined Governance & Leadership

Valuing our Staff



10. Commitment to Indigenous people by Swan Hill Rural City Council

Council recognises:

That Wadi Wadi, Latji Latji, Wamba Wamba, Nyeri Nyeri, Barapa Barapa and Tati Tati people

are the original custodians of all land and waters in the Swan Hill Rural City Council, and that

according to their continuing law, traditions and customs it remains their traditional country.

That the arrival of non-Aboriginal people brought massive changes to this land and its

Aboriginal people. However, the Swan Hill Rural City Council acknowledges and respects

their traditions and their special relationship with the land and waters.

The historical significance of sacred sites, traditional names and the contribution made by key

Indigenous members to the history of this region.

The value of the diversity and strength of Indigenous cultures to the heritage of all

Australians.

The hurt and suffering brought about by enforced family separations.

The existence and rights of historical Indigenous peoples.

The right of Aboriginal people to practise their own spirituality.

Council supports:

The rights of all Indigenous people as outlined in the United Nations Declaration on the

Rights of Indigenous Peoples.

The principles of equity and access for all members of the Indigenous community to culturally

appropriate services and programs.

The vision as expressed by the Council for Aboriginal Reconciliation of a “united Australia

which respects this land of ours, values the Aboriginal and Torres Strait Islander heritage and

provides justice and equity for all”.

The rights of local claimants under the Native Title Act 1993 as an active participant in the

process of resolution of the claims made in exercise of those rights.

All Aboriginal organisations delivering programs and services to Indigenous peoples within

the municipality.

The nomination and election of Indigenous peoples as councillors of the Swan Hill Rural City

Council.

Councils Commits to:

Offering support to the aspirations of Indigenous people and will consult when making

decisions that affect their rights and interests.

Advocacy on behalf of Indigenous members of our community to ensure the principles and

commitments of this statement are upheld.

Fulfilment of an education role regarding the historic significance of Indigenous heritage in

this region, and the current and future needs of our Indigenous communities.

Implementing appropriate programs and activities displaying our involvement in ongoing

national programs.



Developing and promoting, Indigenous involvement in local events and celebrations of local

and regional significance which respects the dignity and protocols of the local Indigenous

community.

Offering support to Indigenous communities desire to discuss, negotiate and enter into a

treaty to enshrine Aboriginal rights.

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