6. Priority Reform One - Formal partnerships and shared decision-making

  1. The Parties commit to building and strengthening structures that empower Aboriginal and Torres Strait Islander people to share decision-making authority with governments to accelerate policy and place-based progress against Closing the Gap.
  2. Priority Reform One seeks to apply the principles in the historic and unprecedented Partnership Agreement to more partnership arrangements between Aboriginal and Torres Strait Islander people and governments at all levels. This was strongly supported by the 2019 engagements.

    In order to effect real change, governments must work collaboratively and in genuine, formal partnership with Aboriginal and Torres Strait Islander peoples because they are the essential agents of change.’

    (Engagement survey participant from the Northern Territory)

  1. Under this Agreement, there are two forms of partnerships – “policy partnerships” and “place-based partnerships”.
    1. Policy partnerships are partnerships created for the purpose of working on discrete policy areas, such as education, health or housing.
    2. Place-based partnerships are partnerships based on a specific region, between government and Aboriginal and Torres Strait Islander representatives, and others by agreement, from those specific areas.
  2. The purpose of formal policy partnerships and place-based partnerships is to:
    1. drive Aboriginal and Torres Strait Islander community-led outcomes on Closing the Gap
    2. enable Aboriginal and Torres Strait Islander representatives, communities and organisations to negotiate and implement agreements with governments to implement all Priority Reforms and policy specific and place-based strategies to support Closing the Gap
    3. support additional community-led development initiatives
    4. bring together all government parties, together with Aboriginal and Torres Strait Islander people, organisations and communities to the collective task of Closing the Gap.

Strong partnership elements

  1. The Parties agree that strong partnerships include the following partnership elements:
    1. Partnerships are accountable and representative and are between:
      1. Aboriginal and Torres Strait Islander people, where participation in decision-making is done by Aboriginal and Torres Strait Islander people appointed by Aboriginal and Torres Strait Islander people in a transparent way, based on their own structures and where they are accountable to their own organisations and communities
      2. up to three levels of government, where government representatives have negotiating and decision‑making authority relevant to the partnership context
      3. other parties as agreed by the Aboriginal and Torres Strait Islander representatives and governments.
    2. A formal agreement in place, that is signed by all parties and:
      1. defines who the parties are, what their roles are, what the purpose and objectives of the partnership are, what is in scope of shared decision-making, and what are the reporting arrangements, timeframes, and monitoring, review and dispute mechanisms
      2. is structured in a way that allows Aboriginal and Torres Strait Islander parties to agree the agenda for the discussions that lead to any decisions
      3. is made public and easily accessible
      4. is protected in state, territory and national legislation where appropriate.
    3. Decision-making is shared between government and Aboriginal and Torres Strait Islander people. Shared decision-making is:
      1. by consensus, where the voices of Aboriginal and Torres Strait Islander parties hold as much weight as the governments
      2. transparent, where matters for decision are in terms that are easily understood by all parties and where there is enough information and time to understand the implications of the decision
      3. where Aboriginal and Torres Strait Islander representatives can speak without fear of reprisals or repercussions
      4. where a wide variety of groups of Aboriginal and Torres Strait Islander people, including women, young people, elders, and Aboriginal and Torres Strait Islander people with a disability can have their voice heard
      5. where self-determination is supported, and Aboriginal and Torres Strait Islander lived experience is understood and respected
      6. where relevant funding for programs and services align with jointly agreed community priorities, noting governments retain responsibility for funding decisions
      7. where partnership parties have access to the same data and information, in an easily accessible format, on which any decisions are made.
  2. The Parties recognise that adequate funding is needed to support Aboriginal and Torres Strait Islander parties to be partners with governments in formal partnerships. This includes agreed funding for Aboriginal and Torres Strait Islander parties to:
    1. engage independent policy advice
    2. meet independently of governments to determine their own policy positions
    3. support strengthened governance between and across Aboriginal and Torres Strait Islander organisations and parties
    4. engage with and seek advice from Aboriginal and Torres Strait Islander people from all relevant groups within affected communities, including but not limited to Elders, Traditional Owners and Native Title Holders.

Jurisdictional actions

  1. The Parties acknowledge shared decision-making structures already exist across the country, and that many of these have been developed by Aboriginal and Torres Strait Islander people. Actions under this Priority Reform are not intended to replace these arrangements, but rather build on these successes, and expand and strengthen shared decision-making arrangements.
  2. Government Parties commit to establishing policy and place-based partnerships within jurisdictions and which respond to local priorities. These partnerships will include the partnership elements outlined in the section above, unless Aboriginal and Torres Strait Islander people, communities and organisations choose not to pursue elements.
  3. Government Parties will review their partnership arrangements to assess how they meet the partnership elements at Clauses 32 and 33:
    1. By 2022, Government Parties will undertake a stocktake of partnership arrangements already in place within their own jurisdictions and provide a report to the Joint Council.
    2. By 2023, Government Parties will review and strengthen existing partnerships to meet the strong partnership elements, unless Aboriginal and Torres Strait Islander members of the partnership do not wish to include these elements.
    3. Government Parties will provide a report on this review, including the number of partnerships, changes made to existing partnerships, and which strong partnership elements are met and unmet for all partnerships. The report from Government Parties will be considered by the Joint Council.
  4. Government Parties will include in their annual reports (Clauses 118 and 119) information on partnerships, including the number of partnerships, those that have been reviewed, for each partnership which strong partnership elements are met and unmet, and what has been achieved through the partnerships.

Partnership actions

  1. By 2022, the Joint Council will establish a joined up approach to five policy priority areas, between the Commonwealth, states and territories and Aboriginal and Torres Strait Islander representatives. These will identify opportunities to work more effectively across governments, reduce gaps and duplication, and improve outcomes under Closing the Gap. These areas respond to the engagements and are:
    1. justice (adult and youth incarceration)
    2. social and emotional wellbeing (mental health)
    3. housing
    4. early childhood care and development
    5. Aboriginal and Torres Strait Islander languages.
  2. By 2024, six new place-based partnerships will be established across Australia under Jurisdictional Implementation Plans. These place-based partnerships will be between the Commonwealth, relevant states or territories, local government and agreed communities. They will be consistent with the agreed partnership elements and build on existing place based approaches. Locations will be considered by Joint Council within 12 months of the commencement of this Agreement.
  3. Partnership actions do not limit opportunities for pursuing joined up effort by the Parties in other policy areas and places.
  4. In 2025, the Parties to the Agreement will meet and consider progress on Priority Reform One and make additional partnership actions if needed and the Agreement will be updated accordingly.