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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-10-27 Daily Xml
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Aboriginal Lands Parliamentary Standing Committee: Inquiry into Aboriginal Governance

The Hon. T.J. STEPHENS (17:36): I move:

That the report of the committee, entitled Inquiry into Aboriginal Governance Interim Report, be noted.

The inquiry into Aboriginal governance was referred to the Aboriginal Lands Parliamentary Standing Committee by the Premier in February 2021. The committee has received 46 written submissions to date, many of which have been received on a confidential basis. The inquiry has included 25 witnesses providing oral evidence, many of whom provided confidential evidence to the committee.

A consistent theme from these submitters was that they would fear retribution from members in their communities if they spoke publicly about their concerns regarding individual Aboriginal corporations. The committee respected their request and was careful not to publish evidence containing allegations about individuals or specific corporations.

Throughout this evidence, the committee received consistent submissions detailing concerns about the way in which Aboriginal corporations currently function. Stakeholders submitted that unless you are a director on the board, it can be difficult to ascertain where money received by those corporations is ending up. The committee heard on multiple occasions from submitters alleging nepotism, favouritism and closed dealings within the board memberships from community members across a wide range of Aboriginal communities.

The committee heard from concerned elders and distressed community members worried about the way in which Aboriginal corporations are behaving. The committee received sufficient concerns across numerous communities in the state to warrant it making nine recommendations in its interim report. One important recommendation is in relation to updating the state's trustee legislation. The committee considers this as vital to providing increased accountability and transparency on public moneys making its way into separate trusts established by Aboriginal corporations, which may fall outside of the oversight of the federal regulator.

The committee has also made suggestions to increase the avenues of complaint for community members at the federal level, as the committee was concerned about the number of submissions recounting limited and lengthy response times on the Office of the Registrar of Indigenous Corporations and, on occasion, complaints receiving no response at all. The committee was also of the view that training opportunities for directors and members of Aboriginal corporations could be improved.

In relation to incorporated associations at the state level, the committee encourages this parliament to pass the proposed reforms to the Associations Incorporation Act 1985 in order to increase oversight and dispute intervention powers for the Commissioner for Corporate Affairs.

The committee has also recommended an increase in resources for the Commissioner for Corporate Affairs within Consumer and Business Services to be funded to provide regular governance training and education to Aboriginal community-controlled associations around their obligations under the Associations Incorporation Act 1985 of SA.

The committee was also provided with examples of good governance occurring within Aboriginal corporations and incorporated associations. It was particularly impressed with the way in which the Whyalla and Eyre Peninsula Regional Development Australia branch utilises the expertise of a dedicated Indigenous economic development manager, who assists Aboriginal incorporated associations and corporations with governance practices and training. This has resulted in successful outcomes for the practices and accountability of community-controlled organisations.

The committee also heard about the success of providing simplified training to the directors of Aboriginal corporations, including in the health services sector. It was made abundantly clear to the committee that self-determination can still be achieved by Aboriginal community-controlled organisations with improved governance practices and greater transparency. The committee heard that it is when this transparency to the community is lost that the majority of associated disputes may arise.

The committee is sincerely grateful to the individuals and organisations who have made submissions to the committee in this inquiry to date, both verbally and in writing. The committee also thanks the federal regulator, ORIC, and the state Commissioner for Corporate Affairs for providing it with detailed submissions in the inquiry. All submissions received in the inquiry have added substantial value to the conduct of this inquiry thus far.

I would like to take this opportunity to thank the members of the Aboriginal Lands Parliamentary Standing Committee for their contributions to this inquiry: the Hon. Kyam Maher, the Hon. Tammy Franks, the member for Hammond, the member for Giles and the member for Davenport. I also thank the staff of the committee for their assistance, in particular Ms Lisa Baxter. I commend the report to the council.

Debate adjourned on motion of Hon. J.E. Hanson.

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