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Working out agreements - a practical guide

'Working out Agreements: A practical Guide to Agreements between Local Government and Indigenous Australians' was launched in Canberra on 3 June by the Hon Peter Baume AO, Professor of Community Medicine at the University of New South Wales and former Federal Minister for Aboriginal Affairs.

Working Out Agreements - A Practical Guide to Agreements between Local Government and Indigenous Australians was produced by the Australian Local Government Association (ALGA) as part of its Native Title Information Project.

The Guide provides practical step by step advice for developing an agreement. It discusses how to select the appropriate type of agreement, how to identify the issues, how to develop an agreement, and the content. It explains ways to implement an agreement ensuring its commitments are fulfilled, as well as how and when to review it.

Case studies show the range of different types of agreements already in place. These include umbrella or framework agreements, native title and land use agreements, memoranda of understanding about certain aspects of governance, service delivery, protocols, resource development, and/or cultural heritage management, and Indigenous cultural and intellectual property agreements.

The launch, at the National Gallery of Australia in Canberra, was hosted by the Council for Aboriginal Reconciliation on the final day of National Reconciliation Week and the sixth anniversary of the High Court's Mabo decision.

Professor Baume said that agreements at local and regional levels are an example of Indigenous and non Indigenous Australians working together to achieve reconciliation. Councillor John Ross, Vice President of ALGA echoed those sentiments.

"The primary purpose of ALGA's involvement in addressing Indigenous issues is to prevent needless division of local communities," John Ross said. "One of Australia's most priceless assets is our high level of community cohesion. If that is undermined and lost, we are all very much the poorer."

The guide to working out agreements for Local Government was prepared by the Australian Local Government Association (ALGA) with funding and cooperation from the Aboriginal and Torres Strait Islander Commission (ATSIC) and with the cooperation of the National Native Title Tribunal.

Also participating in the Launch was Dimity Fifer of the Council for Aboriginal Reconciliation, Agnes Shea, a Ngunawal Elder, Mick Dodson, a Board member of the Australian Institute of Aboriginal and Torres Strait Islander Studies and former Social Justice Commissioner, and Ray Robinson of ATSIC.

As a sign of the continuing and growing relationship between Local Government and our Aboriginal and Torres Strait Islander Communities, Councillor John Ross formally handed a copy of 'Working out Agreements' to Commissioner Ray Robinson, the acting Chairman of the Aboriginal and Torres Strait Islander Commission.

In the native title context, there will always be a need for agreements. Native title is subject to the laws of the Commonwealth and State/Territory, including town planning schemes, health and building by-laws and environmental protection legislation. It is also subject to private rights validly granted under Commonwealth and State/Territory laws.

However, the Native Title Act 1993 is silent on vital questions about the practical ways in which native title can be exercised and enjoyed on the ground. This means that these matters need to be determined by agreements setting out the principles and rules for managing the relationship between native title, public laws and private rights.

ALGA is also currently preparing a more detailed guide to native title for Local Government, and this is expected to be completed by the end of July.

The agreements guide provides the material for local communities to make real progress through discussion, negotiation and shared experience.

For further information contact Ed Wensing, at ALGA telephone (02) 6281 1211.

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