Hon Peter Collier MLC

Minister for Energy; Training and Work, orce Development Indigenous Affairs

Our Ref: 34,5789

HON GIZWATSONCHAIRSTANDING COMMITTEEON ESTIMATES AND FINANCIAL OPERATIONSPARLIAMENT HOUSEPERTH WA 6000

Thank you for your correspondence dated 18 November 2011regarding the Department ofIndigenous Affairs appearance before the Standing Committee on Estimates and FinancialOperations (the Committee) 2010/11 Annual Report Hearings.

Attached for your reference is the Department's response to the Committee's questions onnotice and request for supplementary information.

Kind regards

' 11:1Hon Peter Collier MLCMINISTER FOR ENERGY;TRAINING ANDWORKFORCE DEVELOPMENT;INDIGENOUSAFFAIRS

I 2 DEC 2011

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Levelll, Dumas House, 2 Havelock Street. West Perth Western Australia 6005Telephone: +61 8 9213 7150 Facsimile: +61 8 9213 7155 Email: Minister, Collier@dpc. wa, gov, au

Friday, 11 November 20.1

Department of Indigenous Affairs

ESTIMATESAND FINANCIALOPERATIONS COMMITTEE

SavingsinAgencyStaffandProgram

Hon Lily'anna Ravlich asked:

QUESTIONS ON NOTICE

Question No. I.

Answer:

D/A has no currenttargeted savings programs.

Question No. 2. Whatspecificprograms will be cutin 2011-2072?

Whattargeted savings in agency programs will be made in theoutyears?

Answer:

No current programs will be cutin 2011-20.2.

Whattargeted savings will be achieved by the agency throughthe newroundofvol"ntaryseparations?

Question No. 3

Answer:

There were two approved voluntary severances of level eight officers during 2011-, 2.Under the Government's 'Targeted Voluntary Severances Scheme' the Department ofIndigenous Affairs (D/A) lost two full time equivalent (FTE) staff, therefore 50% of thesalaries will be returned to the consolidated fund. The saving equates to $133,000 p. a.including salary and superannuation.

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Question No. 4

Answer:

There have been no cuts to agency programs as a result of voluntary redundancies sinceSeptember 2008.

Question No. 5

How many cuts to agency programs will that mean sinceSeptember 2008?

5.7

HowmanyadditionalFTEwillbe cutthrot, gh

Voluntary severance

Answer:

Nil

5.2

Answer:

Nil

Question No. 6.

Involuntary severance

Answer:

There have been 19 severances approved since September 2008. These fallinto thefollowing categories:

o 2010 Targeted Employment Separation Offer - Five FTE reduced but the D/Aretained the funding.

. 2011-12 Targeted Voluntary Severance Scheme - Two FTE, $133,000 (see alsoquestion 3); and

. A further 12 redundancies have been funded internally by D/A,

What will this bring the total cuts to in each of the abovecategories since September 2008?

Strategic Review

Hon Li:!'anna Raylich asked -

Question No. 7

Answer:

No. a formal review of this nature has nottaken place. However, D/A is committed tocontinuous improvement and has developed the Western Australian Aboriginal AffairsBlueprint which aims to reform and refocus D/A as the State Government's lead agency forensuring better outcomes for Aboriginal people, and enable the D/A to perform itsfunctions more efficiently and effective Iy. The blueprint focuses on the four key functionalareas of the Department and include:

. Accountable Government: holding allleve!s of government accountable for contributingto overcoming Aboriginal disadvantage;

. Heritage Management: finding the right balance between development and protectionto ensure that Aboriginal Western Australians are able to take advantage of currenteconomic opportunities;

Has there been a strategic review of the agency!s activities toensure that the activities andservice delivery is aligned with theGovernment's priorities?

. Land Management: better utilisation of the Aboriginal Lands Trust Estate and itsassociated infrastructure; andCommunity Development: supporting Aboriginal people to take a lead role in theidentification of priorities and the development of solutions to ensure that all Aboriginalpeople benefitfrom the same opportunities as other Western Australians.

.

Question No. 8

Answer:N/A

Questions No. 9

Ifyes to (7:1when was iteonductedandbywho?

Answer:N/A

Value for Money Review

Hon Li!anna Ravlioh asked-

Can the review be provided to the Committee andifnot whynot?

Question No. ,10

Answer:

D/A administers the Aboriginal Community Patrol's Program. D/A constantly reviews thisprogram to ensure that value for money is achieved in line with the Government'sefficiency and effectiveness KPls. A recent formal review indicated strong communitysupport for all Patrols, and included a review of procurement and project managementprocesses.

Has there been a value for money review of the agency todetermine the efficiency of agencies' service de"very and theeffectiveness of the outcomes achieved?

Question No. 77

Answer:

The review was conducted internally during 2011/12 by D/A.

Question No. 12 Can the reviewbeprovidedto the Committee andifnot whynot?

Answer:

Details of the stakeholder satisfaction survey can be supplied to the Committee.

Ifyes to (70) when was iteonductedandbywho?

Costand Demand Models

Hon Lilyanna Raylich asked -

Question No. 73 Has the agency developed cost and demand models tostrengthen the budget process to develop a more in-depthunderstanding of the cost and demand drivers in key servicedelivery areas?

Answer:

D/A is constantly assessing cost and demand and identifying options. Based on aninformal review in 20.0, D/A sought and was granted an additional $1,355m forthe Patrolsprogram in 201,142, so that the patrols could better meet community needs andexpectations. The funding enabled:

. the expansion of the Perth patrol to the southeast and northern corridors;

. the creation of additional positions forthe Broome, Derby, Kalgoorlie, Kununurra,Laver10n, Perth and Wyndham patrols.

Question No. 74 Ifyes to (13) when was iteonductedandbywho?

Answer:

The review was conducted internally by D/A stafffrom June to November 2010.

Question No. 75 Can thereviewbeprovidedto the Committee andifnotwhynot?

Answer:

Although the informal review identified need, the funding was allocated based on aninvited procurement process (to existing patrols) with funding allocated based ondemonstrated need. Results of the procurement process and funding allocated can beprovided by D/A.

The Hon Rob^^ Chapp/e asked. '

The Annual Report states that 'The review of the AHA aims to facilitate improvedprotection, greater certainty and more cost effective processes for Aboriginalcultural heritage in Western Australia. ' 00.29)

Question No. 76 Have the '11>roposed reforms" received in principle agreementfrom govtifyes will the department release them.

Answer:

The Government is considering options to reform the Aboriginal Heritage Act 1972 andhas not made any in principle decisions.

Question No. 77 How many consultations were undertaken with Aboriginal repbodies andcommunities, by nameanddate?

Answer:

As the Government is still considering the options for reform, formal public consultationhas not commenced. However, Dr Avery advises that he has met officers of all Native TitleRepresentative Bodies, the Board of the Goldfields Land and Sea Council, met withAboriginal stakeholders at the Ngumpan Community and has met other Aboriginalindividuals since commencing his review in May this year. These meetings were toascertain information and to identify issues and problems to be addressed during thereview.

Question No. 78 When will the website be launched to provide access to detailedproposals andinformation?

Answer:

A decision on the launching of a website will be made when the Government hasconsidered the options for reform and public consultation.

Question No. 79 When will the proposals be available for public consultation?

Answer:As above.

Question No. 20

Answer:

The Department will ensure that public consultation is fair and appropriate.

Will the Department make a commitment that consultation willnotbe undertaken overtheXmas- New Yearperiodandapublicsubmission periodofatleast3 months will be available?

The Hon Rob^^ Chapp/e asked. '

The Annual Report states that, 'During 2070-if, the Department received 707section 18 applications. The proportion of section 18 applications finalised within 70days of receipt for this period was 68 per cent. A number of other heritageapprovals were also issued during this time, including 18 section 76 permits forarchaeological investigation'(10.30)

Question No. 27

Answer:

Ninety recommended that the Minister grant consent, three were inapplicable (theCommittee determined that there were no sites on the land the subject of the notice and,accordingly, the Minister advised the applicant that they were able to use the land for anylawful purpose), and eight recommended that the Minister decline consent. Six weredeferred whilst further information was sought from the applicant and have yet to bereconsidered by the Committee.

Of the section 18 applications considered by the ACMC, howmany were recommended to be approved by the Minister? Howmanywere recommended to be r^leeted?

Question No. 22

Answer:

An audit of ACMC meeting minutes and D/A records indicates that of the 107 section 18applications considered by the ACMC, the Minister approved 91 in 2010/11. Of these 85were recommended by the ACMC and were approved. Please note, a discrepancy in thefigures exists due to the carry over and carry forward of applications and decisions from2009/10 and 2011/12.

The Annual Report notes that, of the 707 section 78 applicationsreceived, 84 were approved. Of these 84 approved, how manywererecommendedbytheACMCtobeapproved?

The Annual Reportstates that'The most exciting projectforthe section 18 processis the development and completion of aproofofconceptforan electronic system to

lodge, process and tracksection 78 applications andheritage information. .. This willenable the ACMC to use less paper when considering statutory applications andproviding advice to the Minister, which will provide overall benefits to applicantsand the Department, '(10.30)

Question No. 23

Answer:

By itself the high usage of paper is notthe most pressing reform but it is part of a broadersuite of administrative reforms designed to improve processes.

Question No. 24 Will this project benefit Aboriginal people seeking protection oftheir culturalheritage? How?

Does the Department consider the high volume of paper usageby the ACMC as the most pressing area for reform andimprovement for the operation of the ACMC, in the broadercontextoftheAboriginalheritage regime?

Answer:

Yes. Ultimately, through the Aboriginal Heritage Electronic Lodgements program,Aboriginal groups will experience greater protection of heritage and transparency of theprocess. This will be achieved by increased confidence in compliance with land useapprovals and providing greater capacity for proactive heritage management andinvestigation of unlawful site disturbance.

Question No. 25

Answer:

The Department is prioritising this by bringing about further administrative reform of theoperation of the ACMC.

Why is the Department not prioritising the need for greatertransparency and consistency in the decision-making processesof the ACMC?

Page 1.7 - language policy is given as an example of policy services provided

This quote from the D/A website:

Aboriginal Languages Policy

During 2009-10 the Department led the development of an Aboriginal LanguagesPolicy that will complement the Commonwealth Government's National IndigenousLanguages Policy released in August 2009. The Department undertook discussionswith the Commonwealth to identify opportunities for collaboration on this issue.

As an interim measure the Department allocated operational funding in 2009-, 0 tothe Kiinberley Interpreting Service. Funding forthis service will be providedthrough to 2013-14 under a longer term agreement as part of the Remote ServiceDelivery National Partnership.

Hon Robin Chapple asks "

Question No. 26

Answer:

D/A completed development of a draft Aboriginal Languages Policy in February 20.1. Thedraft policy takes account of the WA Languages Policy 2008 and makes recommendationsto support implementation of the Policy by State Government service providers.Implementation of the draft Aboriginal Languages policy has been deferred pending thecurrent review of the Languages Services Policy 2008 being undertaken by the Office ofMulticulturallnterests (OMl). D/A is participating in OMl's review which is scheduled forcompletion in December 2011.

Question N0: 27 If the languages policy has been approved - please table andprovide details of implementation of the policy and funding forwork undertaken subsequentto approval of the policy.

Please provide an update on the development of a WA StateAboriginal Languages Policy.

Answer:N/A

Page 32-33 Burrup Peninsula

Hon Robin Chapple asked:

Promoting Aboriginal Knowledge - Heritage Management in Action

Question No. 28

Answer:

The BRATING is no longer operational. The BRATVVG was established in 2002 to reporton whether industrial emissions are affecting the rock art of the Burrup Peninsula. It wasrequired by the Government to complete its work by early 2009 with findings andrecommendations. The Government. has accepted the findings of the report including thatthere is no scientific evidence to indicate that there is any measura'ble impact of emissionson the rate of deterioration of the rock art in the Burrup.

Question No. 29 Is the Murt!juga Aboriginal Group part of the Burrup Rock ArtTechnical Working Group andifnot, whynot?

Who is on the Burrup Rock Art Technical Working Group(BRATWG)?

Answer:N/A

Question No. 30

Answer:

The BRATWG is no longer monitoring the area. However the monitoring of the colourcontrast and spectral mineralogy has been continued every year since 2004 and there isagreement with CSIRO to continue the monitoring until 2016.

Question No. 37 How many times has D/A officers visited the Burrup in the periodcovered by the annual report?

Who is monitoring the area, when the monitoring units wereremoved in approximately 2009?

Answer:

12.

Question No. 32

Answer:

I. Management planning with senior men for Hearson Cove compound;2. Investigate reported damage to site;3. Investigate reported damage to site;4. Met with Murujuga Aboriginal Corporation (MAC) regarding creation of National Park

and management;5, Met with Ngarluma Aboriginal Corporation (NAC) regarding Connection to Country

Project;6. Met with NAC regarding Connection to Country Project;7. Graffitirecording and mitigation;8. Graffitirecording and mitigation;9. Met MAC regarding creation of National Park and management;10. Management planning with senior men for Hearson Cove compound;I , . Ministerial visit; and,2. Met with NAC regarding Connection to Country Project.

Whatwere the reasons foreach of the visits?

Question No. 33 Howmanydays werespenton the Burrtip associated with eachindividual visit? i. e. when did the officer flyin andwhen did they fly out?

Answer:

I. In 15/7/10 out 16/7/10;2. In 6/8/11 out 6/8/10;3. In 6/8/10 out 6/8/10;4. In 3/9/10 out 3191,0;5. In 27/10/10 out 29/10/10;6. In 29/10/10 out 29/10/1 017. In 9/3/11 out 9/3/11;8. In 9/3/11 out 9/3/11;9. In 10/3/11 out 10/3/11;I0.1n 17/3/11 out 18/3/1 I;11.1n 5/5/11 out 5/5/11; and12.1n 15/6/1 I out 16/6/1 I.

Question No. 34

Answer:

The rock slide was reported on 28 July 2010. D/A inspected the damage on 28 October2010.

in reference to the rock fall associated with blasting in the Emuface valley reported to the D/A, on what date was it reported tothe D/A andon whatdate was the damage inspected?

Question No. 35

Answer:

Why was there such a long time between the report and the sitebeing visited, and what will the department do to fix up thisseeming lack of interest?

At the time of the report it was considered a low likelihood that the damage could beattributed to any blasting action as there was no direct impact.

Question No. 36 Whydoes the Holeem quarry blasting nothave the same blastingmanagement techniques as other industries on the Burrup andwhatwillthe department do to reduce these impacts?

Answer:

D/A is not able to controlthe blasting techniques of industry within the Burrup. Howeverbest blasting management processes are encouraged to any industry where there is apossibility that they may impact rock art.

Question No. 37

Answer:

It is the Minister and not D/A that approves the section 18 applications.Following a Section 18 application by MRWA and consultations with local Aboriginalpeople it was considered that the expansion of the road would not unduly impact upon theheritage values of the Burrup and that it was in the public interests of safety to allow theroad expansion.

Why did the D/A give section 78 permissions when theCommonwealth did not approve the expansion of the roadthrough the cutting National Heritage area?

Question No. 38

Answer:

D/A is participating with DEC and MAC in the development of the Management Plan forthe Murujuga National Park. D/A will continue to be involved in heritage managementactions resulting from that plan and the creation of the National Park.

Question No. 39 Has D/A provisioned for funding of a ranger program forthe areafrom D/A's own funds orhowwillthisprogram be funded?

What does D/A anticipate will be their involvement under theManagement Plan for the Conservation Area covered by theBMIEA;

Answer:

Under the BMIEA the Government has set aside funds of $450,000 per annum for 5 yearsforthe management of the non-industrial lands.

Question No. 40 Will there be Aboriginal involvement in the ranger program andifyes who will paytheirsalaries?

Answer:

It is anticipated that the ranger program will have a high level of Aboriginal involvement.Salaries will be paid from the BMIEA funding with possible additional funds being sourcedfrom within Government and Industry contribution.

Question No. 41 Have D/A rolled out any programs over the past year to protectthe Burrup rock art and what measures they have putinto placeto restrictaccess by the general public?

Answer:

D/A is working with both NAC and MAC on heritage management forthe Burrup as well asresponding to incidents of reported damage. Apart from the Protected Areas on the BurrupD/A is not able to restrict access by the general public.

Pg 39 Indigenous Implementation Board

Hon Robyn Chapple asked. '

Question No. 42

Answer:

D/A is drafting a State Government response to the Indigenous Implementation Board'sfinal report based on input from the relevant State agencies. The draft response will besubmitted to the Minister for Indigenous Affairs as soon as possible.

Please provide an update on progress on the governmentresponse to these reports. When is a response expected?

Pg 40 - National Indigenous Reform Agreement

Hon Robin Chappleasked-

Question No. 43:

Answer:

The Overarching Bilateral Indigenous Plan (OBIP) is in an advanced stage of developmentbutts yet to be jointly agreed by the State and Commonwealth. The OBIP is expected tobe endorsed early in the new year. When agreed the OBIP will be posted on theMinisterial Council for Federal Financial Relations Website.

How has the OBIP (Overall Bilateral Implementation Plan) beenagreed? Whenis itexpected? When willit be madepublic?

Pg 4, National strategy for food security in remote Indigenous Communities

Hon Robin Chapple asked:

Question No. 44

Answer:

The National Strategy for Food Security in Remote Communities (the Strategy) wasagreed by the Council of Australian Governments (CoAG) in December 2009. lt includesfive actions:

Please provide an update on progress of this strategy, includingdetails of D/A I State government actions to ensure affordablehealthy food (including fresh fruit & vegetables) is available atremote communities across WA?

I. National standards for stores and takeaways servicing remote Indigenouscommunities;

2. National Quality Improvement Scheme for remote community stores andtakeaways to support implementation of national standards;

3. Incorporation of stores under the Corporation (Aboriginal and Torres StraitIslander) Act;

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4. National Healthy Eating Plan for remote Indigenous communities; and5. National Workforce Action Plan to improve food security standards in remote

Indigenous communities.

Western Australia agreed to work with the Commonwealth Government to pilot theStrategy in Beagle Bay, Ardyaloon, Djarindjin and Lombardina. In 2010 the Department ofIndigenous Affairs assisted the Commonwealth Government to develop tools to assistStores' managing agencies to assess the via billty of Stores.

D/A is represented on the Food Security sub group of the CoAG Working Group inIndigenous Reform ONIGR). In November 2011the WIGR agreed to a recommendation ofthe Food Security Sub Group that progress against the Strategy should be accelerated.The Sub Group has been tasked with developing a plan of action for consideration by theWIGR at the first meeting in 2012.

Western Australia continues to work with the Commonwealth Government to improve foodsecurity in pilot communities of ATdyaloon and Beagle Bay, in consultation withcommunities as part of the Remote Service Delivery National Partnership.

In 2010/11 the State Government provided $70,000 for new freezers at the Beagle Bayand Ardyaloon stores, and the Commonwealth Government resourced an upgrade of thepoint of sale systems.