What’s the Purpose of the NIAA? 

I asked the National Indigenous Australians Agency (NIAA) about their audits in relation to fraud and found out how their work on a report of recommendations was progressing. A broader chat followed about releasing aboriginal communities from the aboriginal industry comprising white and black activists, consultants, lawyers, bureaucrats, academics and politicians.

What the main remote communities need is autonomy. Allocating funds directly to aboriginal communities will cut out the middlemen and women. Jobs, health and housing.

I listened to Miss Broun talk about the role of the NIAA. Briefly, the NIAA’s purpose is to lead Commonwealth activities, inform whole of government priorities, coordinate indigenous portfolio agencies, enable policies, programmes and services and advance a whole of government approach to improving lives of Aboriginal and Torres Strait Islander peoples. What was the purpose of the ‘Voice to Parliament’ when the NIAA has such a broad role and funding?

The administration of the aboriginal industry does need to look hard at whether all these strategies, consultants, reports, and micromanagement are getting in the way of progress.

Transcript

Senator ROBERTS: Thank you for being here today. I’ve got two sets of questions. There are some short ones to get out of the way, and then I’d like to have a discussion through some questions about behaviour change. I’ll get to the mundane questions, although they’re still important. What money was spent by your agency or given to others on promoting the ‘yes’ case for the recent referendum?

Ms Guivarra: None.

Senator ROBERTS: Thank you. I like concise answers. What money has been spent by this agency in relation to any proposed treaty?

Ms Guivarra: We were allocated funding for work associated with the makarrata commission. You will see from the budget papers that that was in the order of $5.8 million, from recollection. I’ll get Dr Gordon to confirm that, and he can give you a breakdown of how much of that has been spent. But, specifically on treaty, again, none has been spent. Our role, essentially, has been to seek information on the processes that states and territories are currently involved in. But I’ll get Dr Gordon to give you a more comprehensive response.

Dr Gordon: That’s correct, yes. No funding has gone towards a makarrata commission. Where the funding has gone in the agency, from that $5.8 million, is towards work on understanding treaty and truth-telling processes underway in states and territories and internationally. As of 30 September 2023, we’ve expended $607,000.66 on that.

Senator ROBERTS: What’s involved in spending that money to gain understanding of what the states and overseas people are doing?

Dr Gordon: It involves some desktop research but also bilateral meetings with states and territories, or multilateral meetings. There have been a considerable number of bilateral meetings over the last year; I think it’s around 25 between the agency and our colleagues in the state and territory agencies, as well as a few kind of broader ones.

Senator ROBERTS: Face to face?

Dr Gordon: It’s virtual, primarily.

Senator ROBERTS: But it’s real humans with real humans? Okay. So you’ve spent six hundred and something thousand dollars out of $5.8 million allocated. What are the prospects for the $5.2 million left? What are the plans, rather?

Dr Gordon: As Minister Burney has stated a number of times, including on 2 August, the government will be considering next steps following the referendum, and that’s a process that’ll happen from this point on. What happens now in relation to that is a matter for government, and that will be informed by engagement with Aboriginal and Torres Strait Islander peoples and also our ongoing work with the state and territory governments.

Senator ROBERTS: That goes to my next question. Minister Burney previously said, prior to the failed referendum, that $1 million had already been spent on the treaty. What is the full figure spent so far on all aspects of that—in the past as well? You’ve just told me zero currently. What is the full figure spent so far, and how much of it is proposed to continue to be spent, given that Prime Minister Albanese has backed away from the commitment to pursuing makarrata and truth-telling?

Dr Gordon: I’m not aware of that particular statement by the minister, but the figure that I just gave you is the amount that’s been spent on work looking at the treaty and truth-telling arrangements. And that process going forward for the remainder is what I just outlined as well.

Senator ROBERTS: A recent ANAO audit found inadequate safeguards and procedures in relation to identifying and dealing with financial risks, including fraud. What plans are being made in response to these
deficiencies?

Mr Worth: The report outlined seven recommendations for improvement in relation to our broader risk and fraud compliance risk management. We have developed, in response to that, an implementation program, making a number of changes to address all the recommendations. We have accepted all of the recommendations. We have completed a number of actions through that, and we’re on track to have closed out all of those recommendations by the end of this financial year.

Senator ROBERTS: Can you list the recommendations, please—what areas? I want to get a feel for it. The reason for that is that the ANAO recently told me they can’t investigate corruption, which includes fraud. So I wanted to find out who can and does.

Mr Worth: The first recommendation was that the NIAA fully implement its risk management policy and framework, including by conducting assessments of enterprise risk, undertaking risk assessments when developing business plans and policies, and undertaking specific activities. The second recommendation was the NIAA conduct fraud risk assessments regularly and develop and implement a fraud control plan. The third recommendation was that the NIAA ensure that advisory committee actions are in line with their terms of reference and that the annual report of ARC, the audit risk committee, to the accountable authority clearly highlights any deficiencies in the risk management and control framework that have been identified. The fourth recommendation is that the NIAA fully implement program and subprogram fraud risk assessments, organisational risk profiles and activity risk assessments, and monitor and fraud risk assessments. The fifth recommendation was that the NIAA implement proactive mechanisms for the detection of provider fraud and noncompliance. The six recommendation was that the NIAA ensure that it maintains a record of referrals, the basis of referral assessment and decision-making against transparent criteria, and makes decisions on whether to proceed with fraud investigations in line with the organisational risk appetite. The final recommendation was that the NIAA monitor and report on resources, time frames and outcomes of compliance reviews and fraud investigations.

Those recommendations were made off the back of the assessments made by the NIAA regarding the effectiveness of the control systems and processes that were in place. So it’s not that things weren’t in place; we did have processes, frameworks and so on. But the conclusion, through the audit processes, was that they were partly effective and not as complete as they needed to be—hence those recommendations. I think it’s worth noting that the audit report itself was issued in May 2023, but a program of improvement had already been well underway and indeed was already underway when the audit team arrived and were doing their work. Work has been progressing, as I said, and is due for completion, to address all of those recommendations, by the end of this financial year.

Senator ROBERTS: Who can and does investigate corruption? ANAO told me they don’t.

Senator Gallagher: The National Anti-Corruption Commission.

Senator ROBERTS: Yes, it does now.

Senator Gallagher: Well, it does.

Senator ROBERTS: No, no—I’m agreeing with you, but is there any federal government agency that has a purview on that? And I notice that NIAA did a lot of this off its own bat. I’m not trying to single NIAA out.

Mr Worth: As with many granting agencies within the Commonwealth, NIAA has processes in place to proactively identify issues of noncompliance, fraud and corruption as well as a responsive mechanism whereby complaints or reports that are received by us are taken on board and investigated. As part of that process, we make an assessment of the accusation or concern and then respond accordingly. In some circumstances, from 1 July, it might be referred to the NACC, the National Anti-Corruption Commission. In other circumstances, depending on the nature of it, it might be referred internally for further fraud investigation and then, depending on how that investigation goes, it could be referred to the authorities for prosecution, or it could be subject to an ongoing Australian Federal Police investigation, for example, or state police forces. For matters of noncompliance it could be referred internally.

Senator ROBERTS: Ms Broun, could you tell me the main purpose of the National Indigenous Australians Agency please. What’s the main role? What do you hope to achieve?

Ms Broun: It’s in the annual report. It’s in our executive order, obviously, and that’s on page 9 of the annual report, if you’ve got it there. I’ll read from the annual report:

• To lead and coordinate Commonwealth policy development, program design and implementation and service delivery …
• To provide advice to the Prime Minister and the Minister …
• To lead and coordinate … Closing the Gap … in partnership with Indigenous Australians;
• To lead Commonwealth activities to promote reconciliation;
• To build and maintain effective partnerships with Aboriginal and Torres Strait Islander people(s), state and territory governments and other relevant stakeholders to inform whole-of-government priorities for Aboriginal and Torres Strait Islander people(s), and enable policies, programs and services to be tailored to the unique needs of communities;
• To design, consult on and coordinate the delivery of community development employment projects;
• To analyse and monitor the effectiveness of programs and services for Aboriginal and Torres Strait Islander people(s), including programs and services delivered by bodies other than the NIAA;
• To coordinate Indigenous portfolio agencies and advance a whole-of-government approach to improving the lives of Aboriginal and Torres Strait Islander people(s); and
• To undertake other tasks the Prime Minister and the Minister require from time to time.

That’s the executive order.

Senator ROBERTS: The next question, Minister, is directed to Ms Broun, but it’s an opinion, in some ways, so maybe you’ll have to answer it. What are the main ways of addressing community needs, and what are the main community needs that you see in remote communities? I’ve been to every Cape York community and some of the Torres Strait Islands, and I’ve been to a couple of the Northern Territory ones. It reminds me of when I was a mine manager. Before becoming a mine manager, I worked on the coalface as a miner. When I became a mine manager, I was sent to various mines to turn them around. I’d walk in—and I was told by the previous mine manager, ‘They’re lazy; they’re incompetent,’ et cetera. I gave them accountability and autonomy and they were wonderful people—the same lazy miners! What I see in Cape York communities is people hungry for autonomy, and ready for it, but they seem to be squashed by what I’ll call—and I’m not referring to you—the Aboriginal industry, which is white and black activists, consultants, lawyers, bureaucrats, academics and politicians. The real people are just missing out. That’s why it’s such a—

CHAIR: That’s what everyone says about us, too!

Senator ROBERTS: I think they’re right; I agree with you! Is there any thought to allocating the money directly to communities and getting rid of the Aboriginal industry that’s feeding off—

Ms Broun: Thanks for that question—which is very broad ranging.

Senator ROBERTS: It is. I just want to start the discussion.

Ms Broun: The closing the gap national agreement identifies a whole range of areas we need to do better on. The Productivity Commission draft review identifies that we need to accelerate that effort as well—so it identifies some of the gaps. The minister has also consistently looked at those priorities around jobs, housing, health and education. Jobs is a really critical element of this, and it goes to your statement as well. In terms of funding communities directly, the Indigenous Advancement Strategy has a range of ways that that happens currently—so different programs go to different providers. One of the ones I mentioned in my earlier statement was the Indigenous rangers programs, and the funding that that provides to community organisations directly. It’s about jobs and about connection to country and culture as well. It has lots of elements to it and it currently employs about 1,900 people, with a plan to double that by 2030. That goes to your point around jobs as well. If there is more to that that you’d like answers to, I can get the right people up in terms of housing and jobs.

Senator ROBERTS: I was told by a very bright young councillor at Badu Island—I asked, ‘How’s closing the gap going?’ He said: ‘Mate, it’s not going. Whatever happens to the Closing the Gap campaign, there will be a gap because people are feeding off the money. It’s not the community’s.’ That’s what he said, bluntly. In America they have charter schools—I’m just trying to make a parallel and see what you can come up with. Charter schools are where the money goes from the government directly to the community for their school. They have found that, instead of going from the government to the bureaucracy, the locals have responsibility and the charter school flourishes because the principal and the parents take responsibility. I’m wondering if there is a parallel that can happen with the Aboriginal communities. These are wonderful people, very bright and ready to go; they’re just held back by bureaucracy and the Aboriginal industry. Is there any thought to giving the people the opportunity to develop their own future? That’s a sure way to get accountability.

Mr Brahim: Throughout Australia, there are quite unique and complex circumstances.

Senator ROBERTS: It’s not easy.

Mr Brahim: In relation to the schools—and I know Education was here yesterday—across Australia there are—

Senator ROBERTS: No, I meant community things in general—giving more autonomy to the community, not just schools.

Mr Brahim: Using the charter schools as an example: the education department funds Aboriginal independent schools—so that goes straight to the schools. We fund a lot of community as well not necessarily through a provider, so the communities themselves—

Senator ROBERTS: When you say ‘we fund’—

Mr Brahim: The NIAA funds. There are different funding streams that go through different pathways. One pathway is through to the community organisations—so it’s not always through to a provider as such. Some communities are incorporated and will receive the funding directly from us.

Senator ROBERTS: I will finish up with this: I can remember, sometime around 2012-13, I was driving into Canberra listening to the radio, and they had allocated almost $1 billion back then—when a billion was a billion—and built 15 houses in 18 months. The people from the Northern Territory, the Aboriginal communities, were saying, ‘Give the money to us and let us build them.’ I think that was a fine idea, but instead the bureaucrats controlled it and got consultants, workers and contractors in from southern parts of Australia when the Aboriginals were hungry for jobs. It just didn’t make sense, and the outcome wasn’t there.