Recommendation 192

This recommendation is assigned to CSNSW and Justice Health NSW.

Recommendation

That in the implementation of any policy or program which will particularly affect Aboriginal people the delivery of the program should, as a matter of preference, be made by such Aboriginal organisations as are appropriate to deliver services pursuant to the policy or program on a contractual basis. Where no appropriate Aboriginal organisation is available to provide such service then any agency of government delivering the service should, in consultation with appropriate Aboriginal organisations and communities, ensure that the processes to be adopted by the agency in the delivery of services are appropriate to the needs of the Aboriginal people and communities receiving such services. 

Particular emphasis should be given to the employment of Aboriginal people by the agency in the delivery of such services and in the design and management of the process adopted by the agency.

Context

The Royal Commission report considered that self-determination cannot be a reality if governments fail to recognise that Aboriginal people have clearly voiced their preference for using Aboriginal organisations as bot negotiators and the agents delivering services. Recommendation 192 is directed at ensuring delivery of policy and programs affecting Aboriginal people are delivered by appropriate Aboriginal organisations and where an organisation may be unavailable, consultation occur with Aboriginal communities to ensure the processes are appropriate to the needs of aboriginal people with particular emphasis on employment of aboriginal people to delivery services/design/manage services. Recommendation 192 is directed at establishing a standard that Aboriginal organisations and people are involved in the delivery of policy and programs affecting Aboriginal people.

Detail of implementation

This recommendation is primarily related to self-determination and ensuring services provided to Aboriginal people are, wherever possible, provided by appropriate Aboriginal organisations. The RCIADIC report notes that in some instances services can only be provided by ‘mainstream’ agencies including Medicare, hospital services, court services etc.  

The provision of correctional services in NSW is a ‘mainstream’ service that cannot wholly be provided by an Aboriginal organisation, however CSNSW’s approach to the delivery of programs and services is to ensure that they are culturally appropriate, co-design is commissioned wherever appropriate and CSNSW has extensive partnerships with Aboriginal service providers, both non-government and government.

All CSNSW criminogenic programs are run considering the responsivity needs of the offender, this includes culturally sensitive delivery of interventions.  

CSNSW partners with Aboriginal employment agencies to work with inmates being released back into the community, as well as partnering with government agencies such as the Aboriginal Housing Office to provide the Gundi Program which aims to boost the job prospects for offenders when they are released and provides post-release support to gain and maintain jobs.  It also addresses a housing shortage problem in remote areas where there is a lack of qualified trade people, contributing to overcrowding for many Indigenous families. Inmates are able to address trauma, healing and misuse of substances. The Time to work Commonwealth funded program also works with inmates in the last three months before release to coordinate a case worker who can work with the inmate to secure employment upon release.

See also the CSNSW response to Recommendation 96 which refers to:

• the Community Corrections Aboriginal Advisory Group
• the Gundi Program
• the community corrections program of work to improve performance in Community Corrections for Aboriginal people and communities, including Local Aboriginal Community Engagement (LACE).
• The Walama List
• Cultural training of Community Corrections Officers
• Aboriginal Community Engagement and Culture Officer

And the response to Recommendation 174 which provides detail the roles of: 

• Regional Aboriginal Programs Officers (RAPOs)
• Aboriginal Community Engagement and Culture Officers

Furthermore, the Department of Communities and Justice (DCJ) has an Aboriginal Employment Strategy. The Strategy will target recruitment across all grades, retention, career pathways, recognition of cultural contribution of Aboriginal staff and addressing racism through executive leadership and a cultural safety strategy. A target of 7.5% Aboriginal employment by 2025 within DCJ has been set. The current rate of Aboriginal staff employed with CSNSW is 3.2%.

Between 2012 and 2018, the representation of Aboriginal people in the DCJ workforce has increased from 4.6% to 5.9%, which is significantly higher than the 3.3% sector average and NSW Public Sector target of 2.6%. The Department has also achieved the NSW Public Sector aspirational target of 1.8% Aboriginal representation in all salary bands, with the exception of Clerk Grade 11/12 or equivalent.

See further details in the response to Recommendation 178, which provides details of the KPIs to increase the proportion of Aboriginal staff to 8% by 2030.

Justice Heath NSW response to recommendation:

At July 2023, First Nations staff represented 3.66% of the total Justice Health NSW workforce. This includes a mix of targeted positions, such as Aboriginal clinical lead roles and Aboriginal Chronic Care Program staff, as well as Aboriginal staff in non-identified roles, such as Nursing Unit Manager and GP. Strategies to grow our Aboriginal workforce are outlined in the Justice Health NSW Strategic Plan 2023-32 and Aboriginal Workforce Plan 2023-27. 

All staff undertaking new or revised policies, projects, programs, and strategies are required to complete an Aboriginal Health Impact Statement to ensure they consult on, and incorporate, the health needs and interests of Aboriginal people. As an example of how this informs approaches, a review of Justice Health NSW’s Aboriginal mental health workforce structure in 2021 was Aboriginal-led. Justice Health NSW’s vow to improve the health and wellbeing of Aboriginal people is outlined in its Statement of Commitment. To bring this commitment to life, Justice Health NSW continues to build on, and enhance its engagement with Aboriginal stakeholders. This includes establishing partnership meetings with the Centre for Aboriginal Health.

Justice Health NSW uses the NSW Health services Aboriginal Cultural Engagement Self-Assessment Tool (the engagement tool) to identify ways of strengthening cultural engagement between NSW Health staff and Aboriginal stakeholders by bringing a continuous quality improvement cycle to cultural engagement. The engagement tool will support health services to assess whether there has been a measured approach towards the delivery of culturally safe and accessible health services for Aboriginal patients and clients.

Justice Health NSW supports and implements the Aboriginal Procurement Policy (APP). The Aboriginal Procurement Policy (APP) will contribute to the NSW Government’s strategic economic policy of Growing NSW’s First Economy. Government procurement provides a significant opportunity to increase skills and economic participation within the State’s Aboriginal and Torres Strait Islander communities. Examples include contracted services from Aboriginal-owned companies Mirri Mirri and Yamurrah. Mirri Mirri facilitates Justice Health NSW Respecting the Difference training, and Yamurrah provides Cultural and Clinical Supervision to Justice Health NSW staff.