17 NOVEMBER 2023
PDF Version [1.02MB]
James Haughton and Sally McNicol
Social Policy
Executive summary
This Quick Guide provides a short
overview of all Australian Government Indigenous-specific bodies; the number of
public servants they employ; their functions and funding; and an overview of
total Australian Government Indigenous-specific expenditure.
There are currently 14 Indigenous-specific bodies at the Commonwealth
level, of which the National Indigenous Australians Agency (NIAA) is the
largest, plus 4 statutory office holders. Of the 14 bodies, 13 are part of the
Prime Minister and Cabinet portfolio. There are also 5 statutory Indigenous-specific
boards or committees, 5 non-Indigenous-specific statutory bodies which have statutory
Indigenous members, and several non-statutory advisory bodies.
In 2023–24, the Indigenous-specific bodies will employ
2,714 full-time-equivalent public servants. This is 1.41% of the Australian
Government’s 191,861 full-time-equivalent non-military public servants. Some bodies
have employees who are not public servants; these are listed if available.
In 2023–24, these bodies have been allocated approximately
$2.4 billion in budget appropriations and equity contributions, plus $346.6
million from dedicated special accounts (the Aboriginals Benefit Account and
the Aboriginal and Torres Strait Islander Land and Sea Future Fund). They will
also generate an estimated $302.9 million in external revenue.
These bodies represent approximately half of the
Australian Government’s Indigenous-specific expenditure. The other major
components are Indigenous-specific health programs, ABSTUDY, smaller programs
run by other departments, and National Partnerships with states and territories.
All Australian government bodies are subject to the Public
Governance, Performance and Accountability Act 2013 (PGPA Act) and to auditing
by the Australian National Audit Office (ANAO).
Estimated 2023–24 total Australian Government expenditure
on all Indigenous-specific programs is $5.3 billion. This is 0.77% of the
Australian Government’s $684.1 billion budget.
The Australian
Bureau of Statistics estimates that there are approximately 983,700
Aboriginal and Torres Strait Islander people, representing 3.8% of the total
Australian population.
Contents
Executive summary
Indigenous-specific Australian
Government bodies
Other government entities
Staffing overview
Body functions, budgets and staff
Prime Minister and Cabinet portfolio
bodies
Attorney-General’s portfolio bodies
Department of Health and Aged Care
bodies
Department of Climate Change, Energy,
the Environment and Water
Other departments, their bodies and
expenditure
National Partnership expenditure<
Australian Government
Indigenous-specific expenditure overview<
Caveat
After 2015–16, most government departments ceased reporting
their total Australian Government Indigenous Expenditure. Expenditure from
several smaller programs can only be estimated.
A range of funding arrangements apply to some Indigenous-specific
bodies. For example:
- Some
bodies are funded by dedicated special
accounts, or by the investment earnings of dedicated special accounts,
rather than budget appropriations. As the special accounts are
government-owned, this is also ‘government funding’, but not from consolidated
revenue.
- Government
departments may pay some bodies additional specific-purpose grants, or funding
for performing contracted services, above and beyond budget appropriations. In
this case, the funding was appropriated to the contracting/granting department,
so appears in the budget of that department. This is usually the National
Indigenous Australians Agency (NIAA), but not always. For example, the
Department of Climate Change, the Environment, Energy and Water (DCCEEW) may
pay some Indigenous organisations, such as Ranger groups and Indigenous Protected
Areas management groups, to deliver environmental services (such as feral
animal control), and pays
rent on some national parks (p. 11) to Traditional Owners. Such payments
are considered ‘external revenue’ by the receiving organisation as they are fee
for service income, not budget appropriations.
- Many
bodies also receive income from investments, commercial activities or user
charges. As they are government organisations, this self-generated funding might
also be considered ‘government funding’, but it is not sourced from
consolidated revenue.
- Some
bodies provide financial and staffing details through their own annual reports.
As most annual reports for the 2022–23 financial year have not yet been issued,
the most recent information may be for 2021–22 or earlier years. As the 2022–23
financial year saw a
significant expansion of Indigenous-specific programs and funding, this
information may be out of date.
This guide does not itemise Indigenous-specific
non-government organisations (NGOs) which receive funding from the Australian
Government, for example Aboriginal and Torres Strait Islander Legal Services
(ATSILS), Native Title Representative Bodies/Service Providers (NTRB/SPs), Registered
Native Title Body Corporates (RNTBCs), and Aboriginal Community Controlled
Health Organisations (ACCHOs). Australian Government support for these
organisations is delivered through grants,
which are included in the budgets listed below of the NIAA, the Department of
Health and Aged Care (DHAC), or other granting departments. Most such NGOs are
regulated by the Office of the Regulator of Indigenous Corporations (ORIC).
Indigenous-specific
Australian Government bodies
This section provides a list, with links, to all Indigenous-specific
Australian Government bodies. Details of the functions, budget and staffing of
each body are given in the next section.
Bodies are listed according to their classification under
the Public
Governance, Performance and Accountability Act 2013 (PGPA Act), to
which all corporations and entities are subject for reporting and
accountability purposes.[1]
Most are part of the Prime Minister and Cabinet portfolio (PM&C).
Non-corporate Commonwealth entities, PM&C
The NIAA is administratively responsible for 3 statutory
office bearers:
Corporate Commonwealth entities, PM&C
Commonwealth companies, PM&C
Bodies and
office bearers in Attorney-General’s portfolio
Other government
entities
Statutory committees
and boards
These committees advise on or manage some
Indigenous-specific or Indigenous-related issues under a particular Act, and
usually have a majority of Indigenous members.
Statutory members
of non-Indigenous-specific statutory bodies
These bodies have both general and Indigenous-specific
functions, so are required by legislation to have one or more Indigenous
members with relevant expertise, or members with expertise in Indigenous
matters.
Non-statutory
advisory bodies
These advisory bodies provide advice to a minister,
department or other body on Aboriginal and Torres Strait Islander matters
within their field. As they are not statutory bodies, their existence,
functions and membership are determined as required by the relevant minister.
Membership of such bodies is usually part-time and voluntary, although members
may receive sitting fees, or per diems for travel and accommodation when
performing work for the body. As such bodies are liable to change at short
notice and do not administer legislation or funding, this paper does not go
into detail on their functions or composition. This list may not be exhaustive.
Staffing overview
In Table 1 below, available public servant staffing numbers
for Australian Government Indigenous entities and companies have been extracted
from Agency
resourcing: budget paper no. 4: 2023–24, ‘Part 2: Staffing of Agencies’
(pp. 153–164), and previous years’ budget
papers. This does not include staffing for some entities which have employees that
are not public servants under the Public Service Act 1999 (principally,
the Land Councils and Outback Stores), individual statutory office holders
attached to the NIAA (but their office staff are included), the NNTT, or the
other non-PM&C, non-incorporated statutory or advisory bodies listed above.
Figures are full-time-equivalent Average Staffing Levels (ASL).
It should be noted that many agencies have increased
reported staffing numbers in 2023–24 as a result of government policy to
convert non-APS contractors into permanent APS positions (Budget
paper no. 4, p. 154). Thus an increase in listed ASL may not
represent an increase in actual people employed.
To provide a point of comparison, information on the
entire Australian Government ASL (excluding military and reserves) is also
included. Listed Indigenous bodies currently include 1.41% of all non-military
Australian Government public servants.
Table 1 Australian
Government Indigenous body public servant Average Staffing Levels (ASL)
|
ASL
|
2021–22
|
2022–23
|
2023–24
|
|
Aboriginal Hostels Limited
|
337
|
325
|
367
|
|
Australian Institute of Aboriginal and Torres Strait
Islander Studies
|
142
|
142
|
141
|
|
Indigenous Business Australia
|
203
|
229
|
229
|
|
Indigenous Land and Sea Corporation
|
195
|
195
|
195
|
|
National Indigenous
Australians Agency
|
1,169
|
1,294
|
1,414
|
|
Northern Territory Aboriginal Investment Corporation
|
-
|
12
|
37
|
|
Outback Stores Pty Ltd
|
167
|
167
|
172
|
|
Torres Strait Regional Authority
|
140
|
154
|
159
|
|
Total
|
2,353
|
2,518
|
2,714
|
|
All Australian Government non-military ASL
|
181,122
|
181,062
|
191,861
|
|
Indigenous-specific ASL
from listed agencies as % of Australian Government ASL
|
1.30%
|
1.39%
|
1.41%
|
Source: Australian Government,
Agency resourcing: budget paper no. 4: 2023–24, p. 162, and previous years.
Body functions, budgets and staff
This section of the paper collates
and quotes the official descriptions of each agency’s function and intended
outcome(s), derived from relevant Portfolio budget statements and annual
reports – in particular the Prime Minister
and Cabinet Portfolio budget statement 2023–24 (PM&C PBS) – and their
allocated budgets and staff, as found in Portfolio budget statements (PBSs), Budget
paper no. 4, and annual reports.
All Australian government corporations and entities are
subject to the Public
Governance, Performance and Accountability Act 2013 (PGPA Act) and
regular auditing
by the Australian National Audit Office (ANAO).
Prime
Minister and Cabinet portfolio bodies
National Indigenous Australians Agency
The National
Indigenous Australians Agency (NIAA) was established as an
Executive Agency commencing on 1 July 2019. It is a non-corporate
Commonwealth entity subject to the PGPA Act.
The NIAA is responsible for leading and coordinating the
Australian Government’s policy development, program design and implementation,
and service delivery for Aboriginal and Torres Strait Islander peoples. It
provides advice on whole of government priorities for Aboriginal and Torres
Strait Islander people to the Prime Minister, the Minister for Indigenous
Australians, the Assistant Minister for Indigenous Australians, and the Special
Envoy for Reconciliation and the implementation of the Uluru Statement from the
Heart (PM&C
PBS, p. 10).
Outcome: Lead the development and implementation of
the Australian Government’s agenda to support the self-determination and
aspirations of Aboriginal and Torres Strait Islander peoples and communities
through working in partnership and effectively delivering programs (PM&C PBS,
p. 197).
The NIAA also provides staffing, budget and administrative
support for the statutory office holders listed below.
2023–24 Budget: In 2023–24, the NIAA has budgeted
$2,223.5 million to deliver programs and services for Aboriginal and Torres
Strait Islander peoples across its 6 programs, and $371.6 million on
departmental expenses (salaries, rental, running expenses, etc), for a total
expenditure of $2,595.1 million (PM&C PBS,
pp. 202–4). The NIAA also received $11 million in appropriations for
capital and equity (PM&C PBS,
p. 218).
The $2,223.5 million program expenditure includes:
- $1,793.1
million in grants
(including funding for ATSILS, NTRB/SPs and RNTBCs)
According to the NIAA’s
Senate Estimates briefings (pp. 17–19), in 2022–23, 73% of activity funding
(by value) and 69.7% of activities (by number) went to Aboriginal or Torres
Strait Islander organisations. These figures first rose above 50% in 2019.
The total 2023–24 resourcing of the NIAA is $4.3
billion (PM&C
PBS, p. 193), which is significantly higher than its expenditure.
This higher figure is sometimes
quoted as ‘the’ NIAA budget. The difference between the resourcing and
expenditure figures largely consists of the capital balance within the various
special accounts managed by the NIAA, principally the ABA (Budget
paper no. 4, p. 146; the NIAA
Annual Report 2021–22 ABA financial statement indicates a capital balance
of over $1.4 billion), most of which have dedicated statutory purposes, rather
than being available for program expenditure in any one year. Using the
‘resourcing’ figure thus presents an inaccurate picture of actual recurrent Indigenous-specific
expenditure.
Staffing: The NIAA is projected to employ 1,414 ASL
in 2023–24.
Statutory office
holders
The Aboriginal
Land Commissioner is an independent statutory office holder under the Aboriginal Land
Rights (Northern Territory) Act 1976. The Commissioner’s principal
function is to conduct formal inquiries into applications for claims to
traditional Aboriginal land in the Northern Territory, and to provide
recommendations to the Minister for Indigenous Australians for the grant of
land to traditional owners where appropriate (PM&C PBS,
p. 8).
In 2021–22
(p. 50), the Commissioner’s expenditure was $0.4 million. The staffing and
expenditure of the office of the Commissioner are included in the NIAA’s
staffing and expenditure (above).
The Executive
Director of Township Leasing (EDTL) is an independent statutory office
holder under the Aboriginal
Land Rights (Northern Territory) Act 1976. Its primary function is to
hold leases over townships on Aboriginal land in the Northern Territory
following agreement between the Australian Government and the respective
Aboriginal Land Council and Land Trust, and to administer sub-leases and other
rights and interests derived from such leases (PM&C PBS,
p. 9). The EDTL is funded from the ABA, not the NIAA’s departmental budget
appropriation, but its office staff are considered NIAA staff.
In 2021–22
(pp. 32, 35), the EDTL employed 13 staff in the Office of Township
Leasing, expended $3.5 million, and took in $2.7 million in Township Lease
revenue. These figures are included in the NIAA’s staffing and budget along
with other ABA expenditure.
The Office
of the Registrar of Indigenous Corporations (ORIC) supports the Registrar
of Aboriginal and Torres Strait Islander Corporations, an independent statutory
office holder responsible for administering the Corporations
(Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).
‘ORIC supports and regulates the corporations that are
incorporated under the CATSI Act. It provides a tailored service that responds
to the special needs of Aboriginal and Torres Strait Islander groups and
corporations, and strives for national and international best practice in
corporate governance. It offers advice on how to incorporate, delivers training
for directors, members and key staff in good corporate governance, makes sure
corporations comply with the law, and intervenes when needed.’
In 2020–21
(the most recent ORIC Yearbook available), ORIC employed 34.5 ASL and had a
total budget of $8.4 million (pp. 7, 10). These figures are included in
the NIAA’s staffing and budget.
Australian Institute of Aboriginal and Torres Strait
Islander Studies
The Australian
Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) is
an independent statutory authority established by the Australian
Institute of Aboriginal and Torres Strait Islander Studies Act 1989.
AIATSIS is a national collecting institution and research agency that creates
unique research infrastructure for Australia, to build pathways for the
knowledge of Aboriginal and Torres Strait Islander people to grow and be shared
(PM&C PBS,
p. 8).
Outcome: Further understanding of Australian
Indigenous cultures, past and present, through undertaking and publishing
research, and providing access to print and audio-visual collections (PM&C PBS,
p. 74).
2023–24 Budget: $22.6 million appropriated, $10.8
million external revenue, $0.3 million equity injection (PM&C PBS,
p. 71).
Staffing: AIATSIS is projected to employ 141 ASL in
2023–24.
Indigenous Business Australia
Indigenous
Business Australia (IBA) is a corporate Commonwealth entity established
under the Aboriginal
and Torres Strait Islander Act 2005. IBA creates opportunities for
Aboriginal and Torres Strait Islander people and communities to achieve
economic independence and ensure they are an integral part of the economy. It
assists Aboriginal and Torres Strait Islander people to buy their own home, own
their own business and to invest in commercial ventures and funds that generate
financial returns and can also provide employment, training and supply chain
opportunities (PM&C
PBS, p. 9).
Outcome: Improved wealth acquisition to support the
economic independence of Aboriginal and Torres Strait Islander peoples through
commercial enterprise, asset acquisition, construction and access to
concessional home and business loans (PM&C PBS,
p. 147).
2023–24 Budget: $9.4 million appropriated, $209.3
million external revenue (mostly from returns on home and business loans),
$22.8 million equity injection (PM&C PBS,
p. 144).
Staffing: IBA is projected to employ 229 ASL
in 2023–24.
Indigenous Land and Sea Corporation
The Indigenous
Land and Sea Corporation (ILSC) is a corporate Commonwealth entity
established under the Aboriginal and
Torres Strait Islander Act 2005. The ILSC assists Aboriginal and Torres
Strait Islander people to realise the economic, social, cultural and
environmental benefits the ownership and management of land, fresh water and
salt water can bring. These include economic independence (in particular
support for enterprise and jobs for Indigenous people); social benefits;
cultural identity and connection and environmental sustainability. The ILSC
provides assistance through direct investment in projects, supporting
capability development and through enabling the establishment of beneficial
networks and partnerships (PM&C PBS,
p. 9).
Outcome: Enhanced socio-economic development,
maintenance of cultural identity and protection of the environment by
Indigenous Australians through the acquisition and management of land, water
and water related rights (PM&C PBS,
p. 174).
2023–24 Budget: $9.8 million appropriated, $81.3
million external revenue (PM&C PBS,
p. 171).
The ILSC’s external revenue comes principally ($62.2
million) from dividends from the Aboriginal and Torres Strait Islander Land and
Sea Future Fund, which is managed by the Future
Fund Board of Guardians. This revenue is included in NIAA expenditure
(above) as the NIAA manages the Special Account for the Fund. Other external
revenue sources include Voyages
Indigenous Tourism Australia, a wholly owned tourism business, and pastoral
businesses owned by the ILSC.
Staffing: The ILSC is projected to
employ 195 ASL in 2023–24.
Torres Strait Regional Authority
The Torres
Strait Regional Authority (TSRA) is a corporate Commonwealth entity
established under the Aboriginal and
Torres Strait Islander Act 2005. The TSRA formulates, implements, and
monitors the effectiveness of, programs for Torres Strait Islander and
Aboriginal people living in the Torres Strait, and also advises the Minister
for Indigenous Australians about issues relevant to Torres Strait Islander and
Aboriginal people living in the Torres Strait region. The TSRA works to empower
Torres Strait Islander and Aboriginal people living in the Torres Strait to
determine their own affairs based on the ailan kastom (island custom) of
the Torres Strait (PM&C PBS,
p. 11).
The Chair of the TSRA is also a statutory member of the Torres Strait Protected Zone Joint
Authority, a statutory body which regulates fishing in the Torres
Strait under the Torres
Strait Fisheries Act 1984.
Outcome: Progress towards Closing the Gap for
Torres Strait Islander and Aboriginal people living in the Torres Strait Region
through development planning, coordination, sustainable resource management,
and preservation and promotion of Indigenous culture (PM&C PBS,
p. 283).
2023–24 Budget: $37.2 million appropriated, $17.7
million external revenue (PM&C PBS,
p. 280).
Staffing: The TSRA is projected to
employ 159 ASL in 2023–24.
Northern Territory Land Councils
The Anindilyakwa Land Council (ALC), Central
Land Council (CLC), Northern Land Council (NLC) and Tiwi Land
Council (TLC) are the 4 Northern
Territory Land Councils established under the Aboriginal Land
Rights (Northern Territory) Act 1976. The Land Councils are corporate
Commonwealth entities established to represent Aboriginal interests in a range
of processes under the Act (PM&C PBS,
p. 10).
Objective: Represent Aboriginal interests in
various processes under the Aboriginal Land Rights (Northern Territory) Act
1976. The CLC and NLC are also the Native
Title Representative Bodies for the Northern Territory under the Native Title Act
1993.
2023–24 Budget: The PM&C
Portfolio budget statement states (p. 222) that ‘Payments associated with
Land Councils’ will total $226.7 million in 2023–24. These payments to the Northern
Territory Land Councils derive from the ABA, and are included in the NIAA
expenditure above. The CLC and NLC also receive grants from the NIAA for acting
as Native Title Representative Bodies for the Northern Territory, which are
included in the NIAA’s expenditure above. All 4 Land Councils also receive
grants to employ ranger groups, provide environmental services, and for other
purposes, for the most part from the NIAA.
Staff: Land Council employees are not public
servants under the Public Service Act 1999. According to their most
recently available annual reports, staff employed were as follows:
- At
30
June 2022 (p. 32), the ALC had 151 employees.
- In
2021–22
(p. 8), the CLC employed 266 full-time-equivalent staff.
- In
2021–22
(pp. 79–80), the NLC employed ‘347 full-time or part-time employees’ and an
additional approximately 150 casual employees ‘to support seasonal workloads in
the dry season’.
- In
2021–22
(p. 90), the TLC had 8 employees.
Wreck Bay Aboriginal Community Council
The Wreck Bay
Aboriginal Community Council (WBACC) is a corporate Commonwealth
entity established by the Aboriginal Land and
Waters (Jervis Bay Territory) Act 1986.
Objective: Hold title to land and provide council
services to the Aboriginal Community of Jervis Bay (PM&C PBS,
p. 11).
WBACC also jointly manages Booderee
National Park and Botanic Gardens with the Director of National Parks.
Budget: The most recent available Annual Report for
the WBACC is for 2021–22.
Its budget includes $4.8 million received from the Australian Government as
part of the NIAA grant program, and $2.3 million in own-source revenue (p.
66).
Staff: WBACC employees are not public
servants under the Public Service Act 1999. In 2021–22
(p. 47), the WBACC had 39 full-time and part-time ongoing employees.
Northern
Territory Aboriginal Investment Corporation
The Northern
Territory Aboriginal Investment Corporation (NTAIC) is a Commonwealth
corporate entity under the Aboriginal Land Rights (Northern Territory) Act
1976. It was created by the Aboriginal Land
Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021,
in order to productively invest, and grant Aboriginal peoples of the Northern
Territory control over, approximately 50% of the accumulated balance of the ABA.
The NTAIC’s purpose is to ‘empower Aboriginal people to
activate the economic potential of their land and strategically invest in their
communities and businesses to grow wealth for generations to come. The NTAIC
will use ABA funding to support the economic, cultural, and social aspirations
of Aboriginal people in the NT, whilst generating a modest financial return for
reinvestment. The NTAIC will also administer beneficial grant programs.’ (PM&C PBS,
p. 10).
Objective: To assist cultural maintenance and
social well-being, economic self-sufficiency and self-management for the
betterment of Aboriginal people living in the Northern Territory through
investments, commercial enterprise, beneficial payments and other financial
assistance (PM&C
PBS, p. 13).
2023–24 Budget: $75.4 million external revenue
($72.2 million transfer of funds from the ABA for purposes of a grant program,
returns on investments) (PM&C PBS,
p. 222, Budget
paper no. 4, p. 97). In addition, a capital transfer of $500
million from the ABA to the NTAIC will take place in this financial year (PM&C PBS,
p. 223).
Staffing: The NTAIC is projected to
employ 37 ASL in 2023–24.
Aboriginal Hostels Limited
Aboriginal
Hostels Limited (AHL) is a Commonwealth company subject to the Corporations Act
2001 and the PGPA Act. AHL provides temporary accommodation to First
Nations people through a national network of accommodation facilities. AHL
provides safe, culturally appropriate and affordable accommodation that
supports First Nations people to access education, health services and economic
opportunities (PM&C
PBS, p. 8).
Outcome: Improved access to education, employment,
health and other services for Aboriginal and Torres Strait Islander people
travelling or relocating through the operation of temporary hostel
accommodation services (PM&C PBS,
p. 54).
2023–24 Budget: $43.1 million appropriated, $21.2
million external revenue, $3 million equity injection (PM&C PBS,
p. 51, Budget
paper no. 4, p. 95).
Staffing: AHL is projected to employ 367 ASL
in 2023–24.
Outback Stores Pty Ltd
Outback Stores
Pty Ltd (OBS) is a Commonwealth company subject to the Corporations Act
2001 and the PGPA Act. OBS promotes food security, health and
employment in remote Indigenous communities by managing community stores. OBS
helps Aboriginal and Torres Strait Islander people to improve their standard of
living and achieve health goals through increasing access to affordable healthy
food and the provision of quality retail management services for community
stores (PM&C
PBS, p. 11).
Objective: To improve access to affordable, healthy
food for Indigenous communities, particularly in remote areas, through
providing food supply and store management and support services (PM&C PBS,
p. 14).
2023–24 Budget: $19.3 million external revenue.
Outback Stores is usually self-funding (Budget
paper no. 4, p. 97).
Staff: OBS is projected to employ 172 ASL in 2023–24.
In 2021–22
(pp. 46–47), OBS employed 154 full-time and 2 part-time staff as public
servants under the Public Service Act 1999, and 366 non-public servant store
employees, of whom 313 were Indigenous.
Attorney-General’s
portfolio bodies
National
Native Title Tribunal
The National
Native Title Tribunal (NNTT) is an independent body established under
the Native Title
Act 1993, but is part of the Federal Court of Australia (FCA) for
corporate administrative purposes. The NNTT and the Native Title
Registrar have a wide range of functions,
which are summarised in the FCA’s Corporate
Plan 2022–23 (p. 8):
The National Native Title Tribunal has numerous functions
designed to assist in serving that purpose [of the Native Title Act]. In
particular, it has responsibilities in connection with the processing of
applications for determinations as to the existence or non-existence of native
title over identified parcels of land, and with applications for compensation
payable pursuant to the Native Title Act 1993.
The National Native Title Tribunal has functions in
connection with future acts as defined in section 233 of the Native Title
Act 1993.
The functions also include post-determination assistance to
common law holders and their corporations to provide conflict resolution that
assists in achieving outcomes from the determined native title.
Purpose: ‘… [t]o perform the functions conferred
upon it by the Native Title Act in accordance with the directions contained in
section 109, ethically, efficiently, economically and courteously, thus
advancing the purposes underlying the Native Title Act, particularly
reconciliation amongst all Australians’ (FCA
Corporate Plan 2022–23, p. 13).
Staffing and budget: The NNTT’s staffing and budget
are included in that of the FCA. In 2021–22
(p. 90), the NNTT budget was $8.1 million. Separate staffing figures
are not available.
Aboriginal
and Torres Strait Islander Social Justice Commissioner
The Aboriginal
and Torres Strait Islander Social Justice Commissioner is a statutory
office holder in the Australian Human
Rights Commission (AHRC) under the Australian Human
Rights Commission Act 1986 (AHRC Act).
Purpose: Under the AHRC Act, the Aboriginal and
Torres Strait Islander Social Justice Commissioner may report to the minister
on the exercise and enjoyment of human rights of Indigenous peoples and
undertake social justice education and promotional activities.
In addition, the commissioner may report under the
Native Title Act 1993 on the operation of the Native Title Act and its
effect on the exercise and enjoyment of human rights of Indigenous peoples. In
addition, the commissioner reports, when requested by the minister, on any
other matter relating to the rights of Indigenous peoples under this Act (AHRC
Annual Report 2021–22, p. 13).
Staffing and budget: The commissioner’s staffing
and budget are included in that of the AHRC. Separate staffing and budget
figures are not available.
Department
of Health and Aged Care bodies
The Department of Health and Aged Care (DHAC)
administers the Indigenous
Australians’ Health Programme. In 2023–24, DHAC
will spend an estimated $1,219.4 million on Indigenous-specific health programs
and grants
(including funding ACCHOs).
Statutory board
The Aboriginal
and Torres Strait Islander Health Practice Board of Australia
technically operates under uniform state legislation passed by all states and
territories rather than a Commonwealth Act, but is administered by DHAC. It
regulates Aboriginal and Torres Strait Islander health practitioners.[4]
Non-statutory
advisory groups
Department
of Climate Change, Energy, the Environment and Water
The Department of Climate Change, Energy, the
Environment and Water (DCCEEW) administers a number of Indigenous-specific
Acts and programs, including the Aboriginal and Torres Strait Islander
Heritage Protection Act 1984 and associated heritage
programs, and Indigenous-specific parts of
the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC
Act). DCCEEW and the NIAA jointly administer the Indigenous
Protected Areas program. The Director of National Parks, who co-manages 3
Commonwealth National Parks owned by Traditional Owners, and the Murray Darling
Basin Authority, which administers the Water Act 2007,
also report to ministers in this portfolio.
Statutory boards
and committees
These committees have majority or entirely Indigenous
membership, and have statutory functions to provide management or advice under
an Act.
The EPBC Act Indigenous
Advisory Committee provides advice to the Minister for the Environment
on the operation of the EPBC Act, taking into account the significance of First
Nations peoples’ knowledge of the management of land and sea and the
conservation and sustainable use of biodiversity.
The Kakadu,
Uluru-Kata
Tjuta and Booderee
National Parks Boards of Management have majority representation of the
Traditional Owners of these national parks, and jointly manage them with the
Director of National Parks. Aboriginal members of the Booderee Management Board
overlap with Wreck Bay Aboriginal Community Council.
Boards and committees
with statutory Indigenous members
These committees have a range of statutory functions which
include both non-Indigenous-specific and Indigenous-specific matters. As such,
they have a statutory requirement to include one or more Indigenous members.
The Australian
Heritage Council is a body of heritage
experts established by the Australian
Heritage Council Act 2003, which provides independent advice to
the minister on heritage-related matters. It is required to include 2 Indigenous
persons with substantial experience or expertise in Indigenous heritage, at
least one of whom must represent the interests of Indigenous people.
The Murray Darling
Basin Authority administers the Water Act 2007
in the Murray-Darling basin and reports to the Minister with
responsibility for water. Since passage of the Water
Amendment (Indigenous Authority Member) Act 2019, it has been required
to include an Indigenous member with a high level of expertise in Indigenous
matters relevant to Murray-Darling Basin water resources.
The Wet
Tropics Management Authority is managed by a board established under
the Wet
Tropics World Heritage Protection and Management Act 1993 (Qld).
While this board is established by Queensland legislation, it includes 2 Commonwealth-nominated
directors under the Wet
Tropics of Queensland World Heritage Area Conservation Act 1994 owing
to the World
Heritage status of the Wet Tropics. At least one Commonwealth-nominated
director is required to be an Indigenous person with appropriate knowledge of,
and experience in, the protection of cultural and natural heritage.
Non-statutory
advisory committees
Other departments,
their bodies and expenditure
Other entities with some Indigenous-specific programs or
bodies include:
With the exceptions of ABSTUDY ($352.3 million)[5]
and the Department of Defence ($22.5 million), Australian Government
Indigenous-specific expenditure within DCCEEW and other departments is not
available in PBSs after 2015–16, and can only be estimated or partially
accounted for (see Budget
Review 2023–24: Indigenous Affairs for further discussion).
However, most of these departments’ Indigenous-specific programs are or have
historically been quite small in funding terms compared to the PM&C bodies,
the Department of Health and Aged Care, and ABSTUDY. Collectively, based upon available
information from departmental PBSs, these other programs will have an estimated
total expenditure of $508.7 million in 2023–24.
National
Partnership expenditure
As well as direct expenditure, the Australian Government expends
money ‘indirectly’ through Indigenous-specific payments to the states and
territories via National Partnerships (NPs), listed in Federal
financial relations: budget paper no. 3: 2023–24. (Budget Paper no.
3). In 2023–24, these include $186.7 million for remote
Indigenous housing and infrastructure,
$16.4 million for several NPs relating to Indigenous health (Budget Paper
no. 3, pp. 33–34), and $225.2 million for other Indigenous-specific NPs and
payments, including NPs for education,
community
safety, policing,
legal aid (including ATSILS), and tourism (Budget Paper no. 3, p.
103). Historically, funding for Indigenous housing and infrastructure has been
the largest single component of NP payments.
Australian Government Indigenous-specific expenditure
overview
In 2023–24, budgeted Australian Government
Indigenous-specific expenditure, including capital and equity payments,
payments from special accounts, and National Partnerships (NPs), and excluding
external revenue, can be approximately summarised as set out in Table 2:
Table 2 Australian
Government Indigenous-specific expenditure, 2023–24
|
Expenditure category
|
Amount ($ million)
|
|
NIAA excluding transfers from
special accounts
|
$2,245.0
|
|
Indigenous corporate bodies (including NNTT), Land
Councils and special account payments
|
$502.4
|
|
Indigenous Health programs and
NPs
|
$1,235.8
|
|
Remote Indigenous Housing & Infrastructure NPs
|
$186.7
|
|
All other NPs
|
$225.2
|
|
ABSTUDY
|
$352.3
|
|
All other departments and
programs (estimate)
|
$508.7
|
|
Total
|
$5,256.1
|
Source: Parliamentary
Library calculations based on Budget papers no.s 2, 3 and 4 and departmental Portfolio
budget statements, 2023–24.
The estimated total expenditure by the Australian
Government on all Indigenous-specific programs across all departments in
2023–24 will be $5.3 billion. In real terms, this is approximately the same as
expenditure per year in the period 2012–2016 (see Figure 2 below). For context,
$5.3 billion is 0.77% of the Australian Government’s total $684.1
billion budgeted expenditure, and does not appear in the top
20 expenditure items of the Budget. The Australian
Bureau of Statistics estimates that there are approximately 983,700
Aboriginal and Torres Strait Islander people, representing 3.8% of the total
Australian population.
For previous years, the Library’s 2023–24
Budget Review: Indigenous Affairs includes a graph over time of
estimated nominal and real Indigenous-specific Australian Government spending
from 2012 to forward estimates, which is reproduced below.[6]
For discussion of this graph, see the Budget Review. For years before
2012, see the 2012 Library research paper Commonwealth
Indigenous-specific expenditure 1968 – 2012.[7]
[1].
Statutory office bearers are not individually subject to the PGPA Act, but
have their own reporting requirements under their governing Act(s).
[2].
The NTAIC commenced operations on 15 November 2022. As such, not all
operating details will be available until it has prepared its first annual
report. Not all employees of the NTAIC are public servants.
[3].
Payment of mining withholding tax on royalty-equivalent payments to
traditional owners, Land Councils, and ABA grant recipients was introduced in
1979. The tax is paid by the NIAA prior to distribution of royalty-equivalents
to recipients. It has often been criticised as inequitable, as it results in an
income tax being levied on people whose income is otherwise below the tax-free
threshold; see for example Fiona Martin and Binh Tran-Nam, ‘The
mining withholding tax under Division 11C of the Income Tax Assessment Act
1936: it may be simple but is it equitable?’, Australian Tax Forum
27, no. 1 (2012): 149–74, 168.
[4].
Practitioners of traditional and complementary Aboriginal and Torres Strait
Islander medicine and health practices, not medical doctors who happen to be
Aboriginal and Torres Strait Islander persons.
[5].
ABSTUDY recipients cannot receive Austudy or Youth Allowance, for which many
recipients would be eligible if ABSTUDY did not exist. Thus, ABSTUDY in large part
substitutes for non-Indigenous-specific expenditure, rather than adding to it. Similar
considerations apply to spending on Indigenous housing (which partly substitutes
for general social housing programs) and Indigenous-specific health programs.
[6].
The spending subcategories in the graphs below are not the same as those
used in Table 2. Specifically, National Partnerships (other than housing and
health) and special account payments are categorised under ‘Indigenous
Australians portfolio & NPPs’. Overall totals are calculated on the same
basis.
[7].
This paper does not include Indigenous-specific National Partnership
payments in the period 2007–2012.
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