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Self-Determination Reform Framework Report 2021

This Report is intended to guide the Department of Premier and Cabinet's action to enable self-determination in line with the government's commitments in the Victorian Aboriginal Affairs Framework 2018-2023.

Date:
13 Apr 2023

Secretary's Foreword

The SDRF is an important accountability tool for departments to report yearly on their self-determination reform and to encourage regular reflection, collaboration and innovation.

Jeremi Moule, Secretary, Department of Premier and Cabinet

On behalf of the DPC Board of Management, it is my pleasure to deliver this second Report under the SDRF.

The SDRF is an important accountability tool for departments to report yearly on their self-determination reform and to encourage regular reflection, collaboration and innovation. DPC achieved several considerable milestones over this 18-month reporting period, including:

  • establishing the Yoorrook Justice Commission to investigate historical and ongoing injustices perpetrated against First Peoples
  • working with the First Peoples’ Assembly of Victoria to support future treaty negotiations, and preparing all areas of government
  • delivering the $10 million COVID-19 Aboriginal Community Response and Recovery Fund
  • supporting the Stolen Generations Reparations Steering Committee to develop and deliver its report to government on the design and implementation of a Stolen Generations Reparations Package
  • registering the Lake Boort Cultural Landscape for its outstanding cultural heritage significance after months of intensive Traditional Owner-led work, assisted by Heritage Services
  • leading the development of Victoria’s implementation plan for the National Agreement on Closing the Gap.

The establishment of the First Peoples-State Relations Group (FPSR) in DPC is putting self-determination, treaty and truth at the centre of DPC, recognising Victoria’s First Peoples as the self-determining drivers of First Peoples affairs in Victoria. It also commits the department to build ongoing, just and respectful relationships between self-determining First Peoples whilst also working with First Peoples on cultural heritage management and protection in ways that recognise the leading role of strong and engaged Traditional Owners.

Beyond the vital work of FPSR, all areas of DPC are responsible for embedding self-determination into their work, planning and systems. That is why in November 2021, the DPC Board of Management approved the establishment of a Subcommittee on Self-Determination Reform. This Subcommittee will perform a key role in improving internal systems, policies and processes to enable self-determination, including facilitating action across all areas of the department in line with whole of government commitments. Membership is targeted widely, with members who have key responsibility for particular systems, structures and policy influence.

The DPC Board of Management also participated in a cultural safety workshop in 2021. This provided a valuable lens to consider DPC’s role in leading continuous improvement and reform whilst reflecting on our own understanding of cultural safety and self-determination. It is my aim that all Board members build confidence in the way we apply and embed these concepts in our work. However, more needs to occur, and it is important that all groups across the department understand and embed self-determination principles and enablers into their core business. We must look within our own department to consider the necessary transformation of how we do business to truly deliver on these reforms.

I look forward to this Report informing further and more ambitious actions to enable self-determination across DPC, which in turn will contribute to a better Victoria.

Jeremi Moule's signature

Jeremi Moule
Secretary, Department of Premier and Cabinet

DPC's self-determination journey

Enabling Aboriginal self-determination requires long-term commitment and sustained effort from all areas of government to transform our structures and systems. DPC is committed to this journey and understands the work needed to get there.

Aboriginal self-determination is a human right. It encompasses a spectrum of rights that are necessary for Aboriginal people to achieve economic, social and cultural equity, based on their own cultural values and way of life. Enabling Aboriginal self-determination requires long-term commitment and sustained effort from all areas of government to transform our structures and systems. In 2018, the Victorian Government worked with Victorian Aboriginal communities and organisations to develop a new Victorian Aboriginal Affairs Framework 2018-2023 (VAAF) that would set an ambitious and forward-looking agenda for First Peoples affairs.

The VAAF represents a new way of working for government. The VAAF acknowledges that positive change requires not only a fundamental shift in the way that governments work with Aboriginal people, but that it also requires significant government effort to eliminate the structural and systemic barriers experienced by Aboriginal Victorians, including ensuring services and programs are culturally safe and community-led.

The Self-Determination Reform Framework (SDRF) is the Victorian Government’s commitment to embed self-determination across all areas of government, focusing on internal government processes, practices, and policies. It is designed to guide public service action to enable self-determination in line with government’s commitments in the VAAF. The SDRF also commits all Victorian Government departments to report against our efforts and reforms to advance self-determination.

This Report, alongside all departmental annual reports, will form the whole of Victorian Government Self-Determination Reform Report which will be embedded within the Victorian Government Aboriginal Affairs Report (VGAAR) 2021, to hold government accountable for embedding self-determination across all areas of government.

DPC's role in enabling self-determination

DPC supports consistent and coordinated whole of government SDRF action as well as reforming our own policies, processes, systems and cultures.

As a central agency, DPC plays a dual role in enabling self-determination. DPC supports consistent and coordinated whole of government SDRF action as well as reforming our own policies, processes, systems and cultures to progress the community-identified self-determination reform enablers (Figure 1).

Self-determination enablers

Figure 1. Self-determination enablers, VAAF

  • Download 'Self-determination enablers'

Each year, DPC coordinates reporting on whole of government SDRF action and commitments through the VGAAR, using information from all departments’ annual SDRF reports. Within DPC, all parts of the department are supported to embed self-determination principles and enablers into core policies, programs, business processes and delivery systems

The newly established First Peoples-State Relations Group in DPC is responsible for an extensive program of priority work with First Peoples. DPC’s commitment to promoting Aboriginal leadership is reflected in FPSR’s executive team.

In November 2021, DPC’s Board of Management endorsed the Terms of Reference for a Subcommittee on Self-Determination Reform (Subcommittee). The Subcommittee will perform a key role in improving internal systems, policies and processes to enable self-determination, including creating change across DPC in line with whole of government commitments. It will also collaborate on key reforms led by FPSR, such as progressing treaty; responding to and supporting the Yoorrook Justice Commission; leading whole of government reform under the National Agreement on Closing the Gap and the VAAF; and promoting cultural rights.

The outcomes of DPC’s self-determination reform efforts between July 2020 and December 2021 provide a blueprint for how DPC will focus its reform activities moving forward.

About this Report

This Report focuses on actions that each of DPC’s groups are driving to reform our departmental systems and structures to achieve our SDRF commitments.

This is the second Report on DPC’s self-determination reform commitments. This Report covers an 18-month timeframe from July 2020 to December 2021. In mid-2021, the Secretaries’ Leadership Group on Aboriginal Affairs (SLG) agreed to extend the reporting timelines for all departmental SDRF reports. These are now due at the end of each calendar year (previously 30 June each year). This aligns with reporting cycles for other annual First Peoples affairs reporting across government, such as reporting under the National Agreement on Closing the Gap and the VAAF.

Many of the actions and future commitments in this Report build on DPC’s first SDRF Report in 2020. Others are new, and are guided by self-determination actions in the VAAF and SDRF.

This Report is structured slightly differently from DPC’s first Report. Each action now includes future commitments to ensure DPC is continually moving along the continuum towards self-determination (see Figure 2). This is critical to making sure DPC is delivering more ambitious self-determination reform each year.

This Report focuses on actions that each of DPC’s groups are driving to reform our departmental systems and structures to achieve our SDRF commitments.

DPC consists of seven groups

  • Legal, Legislation and Governance (LLG)
  • Digital Victoria (DV)
  • Cabinet, Communications and Corporate (CCC)
  • Social Policy and Intergovernmental Relations (SPIR)
  • Economic Policy and State Productivity (EPSP)
  • First Peoples–State Relations (FPSR)
  • Industrial Relations Victoria (IRV)

Each group is at various stages along the self-determination continuum across a range of actions, policies, initiatives and strategies outlined in this Report.

Continuum towards Aboriginal self-determination

Figure 2. Continuum towards Aboriginal self-determination, VAAF

  • Download 'Continuum towards Aboriginal self-determination'

Progress against DPC's commitment to self-determination

This Report lays out DPC’s work thus far to bring about systemic and structural change across the four public sector reform domains of People, Systems, Outcomesand Accountability.

In line with the SDRF, this Report highlights DPC’s work underway to create structural change across the four Public Sector Reform domains: People, Systems, Outcomes and Accountability. Table 1 summarises progress under these domains. The Public Sector Reform Statement (2017) outlines government’s approach to transforming its systems and structures. The SDRF builds on the existing Public Sector Reform architecture to ensure consistent and coordinated reform. Case studies have been included in each reform domain to highlight key initiatives that are enabling significant systemic and structural change.

This Report is by no means a complete picture of the work DPC leads in First Peoples affairs. For example, DPC leads work on Aboriginal cultural heritage management and protection, including through implementation of the Aboriginal Heritage Act 2006 (Vic) and supporting Traditional Owners. DPC also delivers the Aboriginal Community Infrastructure Program to enable Aboriginal organisations to meet their infrastructure needs and serve their communities. These activities were previously listed in the 2019 DPC SDRF Report, and many are also reported on annually through the VGAAR.

Actions in this Report will continue over time and will be reviewed annually, with updates made as required, to ensure they continue to progress DPC’s work along the self-determination continuum. SDRF actions and future commitments are also helping lay the foundations for treaty and prepare the whole of government for the outcomes of the treaty process.

As a result, while many of DPC’s actions fall within the “collaborate” or “partnership” stages of the self-determination continuum (Figure 2), the treaty process will likely transition many policies, initiatives and strategies towards “co-ownership” and to transfer “decision-making and resources control” to an Aboriginal representative body or bodies.

Progress summary

People

While progress has been supported to increase awareness and understanding of self-determination and treaty across the department, further work is required to develop DPC’s Aboriginal Workforce Strategy and support Aboriginal staff recruitment, retention and leadership. Read more about the work being done in the people domain.

Systems

DPC facilitated work to embed self-determination in its core agency work through budget bid preparation and analysis, legal advice and Cabinet processes. Substantial progress was also achieved in progressing key phases of the treaty process. Together, these efforts represent the beginning of an important change in government systems and structures. Read more about work being done with systems and processes.

Outcomes

The development and release of a publicly available Aboriginal data dashboard represents an important milestone in the department’s commitment to support Aboriginal people and organisations to access data that is relevant to them. Further work is required to measure outcomes rather than outputs, and better facilitate outcomes-based approaches in policy design and service delivery. Read more about work being done in the outcomes domain.

Accountability

DPC supported the implementation of the Stolen Generations Reparations Package and initiated work to establish and respond to the Yoorrook Justice Commission. DPC also strengthened internal SDRF accountability arrangements by establishing a Board of Management Subcommittee on Self-Determination Reform. Next steps in the accountability domain will be informed by the treaty and truth processes. Read more about work being done within the accountability domain.

People

Change only occurs through the actions of people. DPC will prioritise ensuring all DPC staff understand that self-determination should inform all work, across all portfolio areas.

Focus within the People domain

These actions focus on building the capacity of DPC staff to understand their role in enabling self-determination, regardless of the area they work in.

Actions under this domain also focus on providing a culturally safe workplace for Aboriginal staff, and supporting the recruitment and retention of Aboriginal staff members.

Overview of progress

Important work was undertaken in this area over the last 18 months. In particular, all areas of DPC increased their awareness and understanding of treaty and self-determination.

With some actions put on hold or delayed due to the COVID-19 response and recovery efforts, 2022 will be an important year to seek outcomes in the People domain. This includes ensuring the implementation of DPC's Diversity and Inclusion Strategy 2019-2021 and the development of DPC’s Aboriginal Workforce Strategy. Continuing to build knowledge of self-determination across the department is vital to ensure all DPC staff understand their role in embedding self-determination in their day-to-day work.

DPC is committed to supporting Aboriginal staff retention, recruitment and leadership, and further work is required to ensure this is a core focus of the SDRF workplan in 2022. There remains a noticeable gap in actions to support Aboriginal staff in the department, including through recruitment. While the Aboriginal Staff Network (ASN) continues to play a vital role in supporting Aboriginal staff members, there is a significant opportunity and need for ASN identified priorities to be progressed further, thereby ensuring a whole of department approach to progress in this important area.

2.1.1 DPC actions to build knowledge of self-determination across the department

2.1.2 DPC actions to support Aboriginal staff, including through recruitment

CASE STUDY for 2.1.2: Aboriginal Staff Network

The ASN is a space for Aboriginal and Torres Strait Islander identifying staff within DPC (and the VPSC) to connect, support and yarn.

Supporting Aboriginal staff retention, recruitment and leadership

The ASN met fortnightly over MS Teams during 2021. Attendance ranged from 11-30 staff members. Meetings provided an opportunity for staff to engage with their colleagues and to connect in small group meetings.

The ASN has also had success with both men’s and women’s groups, as well as randomly assigned breakout rooms that allowed staff from different areas of DPC to meet and discuss their work.

Next Steps

Discussions relating to the ASN’s name are ongoing, along with the Network’s future format. Online MS Teams meetings continued due to COVID-impacts, but there is appetite to transition to in person, regional/metro meetings in 2022.

2.1.3 Supporting whole of government actions for the people domain

CASE STUDY for 2.1.3: Preparing government for treaty through whole of government engagement

Treaty will require a whole of Victorian Government response and requires new thinking and ways of working across government as we enter ground-breaking territory in policymaking.

On the path to treaty

DPC developed its whole of government engagement approach to help Victorian Government departments and agencies understand the treaty process and ensure that new policy, legislative and program proposals align with the future outcomes of Victoria's treaty process.

DPC's whole of government engagement included overseeing secretariat functions for the IDC.

Treaty Coordinators served as a departmental/organisation liaison on treaty-related matters within their organisation's portfolio areas and supported each IDC member ahead of meetings by attending pre-brief meetings hosted by DPC.

DPC had regular meetings with Treaty Coordinators to provide informal updates on treaty and for departments/organisations to advise of work underway that may intersect with treaty. This ensured government had a coordinated approach to relevant work.

In addition to supporting all government departments and agencies, DPC continues to support and advise the Minister for Treaty and First Peoples and Premier in leading the State's work to advance treaty with First Peoples.

Next Steps

FPSR will continue and strengthen its whole of government engagement in 2022.

Systems

A key priority for DPC is to consider how to amend or leverage existing systems to make them responsive to self-determination, and over time, prepare to fundamentally transform them, particularly in response to treaty.

Focus within the systems domain

Systems and structures established during colonisation were designed to exclude Aboriginal people. This led to entrenched systemic and structural racism. DPC needs to change how it works to address this. In the first instance, DPC is transforming its existing systems and processes. However, bigger and bolder changes are needed to truly enable self-determination.

Overview of progress within the systems domain

The transformation of government systems and structures is a long-term goal that requires continuous and evolving work. However, DPC is already facilitating substantial work in this area. For example, by progressing key phases of the treaty process under the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic) (the Treaty Process Act), as well as supporting community-led, self-determining arrangements to inform government during the COVID-19 response and recovery efforts.

DPC continued to incorporate self-determination into its core agency work, such as by embedding self-determination analysis in the budget process, implementing new social procurement initiatives, and considering the right to self-determination in DPC’s legal advice and documentation. The establishment of FPSR reflects the increased need to support the government to prepare for major reform in the Treaty and First Peoples portfolio.

2.2.1 DPC actions to leverage existing structures to enable self-determination

CASE STUDY for 2.2.1: Establish the COVID-19 Aboriginal Community Response and Recovery Fund to support Aboriginal Victorians throughout the COVID-19 pandemic

DPC delivered a $10 million COVID-19 Response and Recovery Fund (Fund) as part of government’s $23 million Aboriginal-specific COVID-19 support package.

Delivering an Aboriginal-led COVID-19 pandemic response

The Fund was designed to support Aboriginal organisations and communities to drive self-determined, culturally safe, local responses to COVID-19. The Fund had a rigorous, self-determined assessment process that involved departments responsible for administering the funding, ACCO members of the former COVID-19 Aboriginal Community Taskforce and the Minister for Treaty and First Peoples.

It provided funding for community-led initiatives across emergency relief, outreach and brokerage, social and emotional wellbeing, and cultural strengthening. The Fund was open from August 2020 until February 2021, and funded 81 initiatives across the state, including: 48 in Metropolitan Melbourne, 7 in North-East Victoria, 7 North-West Victoria, 5 in South-East Victoria, 8 in South-West Victoria, and 6 statewide.

Next Steps

DPC engaged Inside Policy, an Aboriginal owned consultancy, to undertake an evaluation with a focus on capturing successes achieved through the Fund.

The findings of this evaluation will provide an evidence-base for self-determined, community-led and place-based initiatives.

2.2.2 DPC actions to begin fundamentally transforming systems

Outcomes

DPC is committed to focusing and evaluating its efforts based on the outcomes it achieves, as determined by Aboriginal people, rather than traditional governmental outputs.

Focus within the outcomes domain

DPC leads several whole of government actions within the outcomes domain. This includes many of the VAAF’s commitments to informing self-determined, community-defined policy approaches by providing accessible data for Aboriginal people and organisations. DPC is also exploring ways to move towards pooled, outcomes-based funding for Aboriginal organisations. This will enhance self-determination and flexibility over funding expenditure, in line with Victoria’s commitments under the VAAF and National Agreement on Closing the Gap.

Overview of progress

DPC made good progress in this domain, particularly through the development and release of a publicly available Aboriginal data dashboard on FPSR’s website. This interactive dashboard helps Aboriginal people and organisations access outcomes-based data that is relevant to them. It also keeps government accountable to its public commitments by highlighting progress and areas for improvement. In 2022, DPC plans to undertake further work to ensure the dashboard provides local level data where available.

DPC also led development of Victoria’s Closing the Gap Implementation Plan (Implementation Plan) in partnership with the Aboriginal Executive Council and other implementation partners, to reflect the unique and diverse needs of Victoria’s Aboriginal communities. The Implementation Plan brings together new and existing actions that will contribute to Victoria achieving – and exceeding – targets under the National Agreement on Closing the Gap and the VAAF.

Further work is required across DPC to transition from measuring outputs to measuring outcomes, and to better facilitate self-determined, outcomes-based approaches to policy design and service delivery.

2.3.1 DPC's contribution to whole of government outcomes

CASE STUDY 2.3.1: Closing the Gap Implementation

Victoria’s Implementation Plan outlines Victoria’s ambitious self-determination reform agenda and sets out Victoria’s planned actions to improving outcomes for all Aboriginal people by achieving the targets set out in the National Agreement on Closing the Gap.

Implementing the National Agreement

The new National Agreement on Closing the Gap represents a fundamental shift in the approach of governments to Closing the Gap - one that is built upon genuine and meaningful partnerships with Traditional Owners, the Aboriginal Community Controlled Sector and the wider Aboriginal community.

This shift has been driven at the national level by the Coalition of Peaks. In Victoria, government worked closely with the Aboriginal Executive Council and other key ACCOs in the development of Victoria’s implementation plan.

The Implementation Plan was tabled in Parliament in June 2021 and reflects Victoria’s nation-leading approach to Aboriginal Affairs, including the Victorian Government’s broader commitment to treaty, working with the First Peoples’ Assembly of Victoria, truth telling through the Yoorrook Justice Commission, and progressing self-determination through the VAAF. The Implementation Plan will run until 2023 and will drive the four Closing the Gap priority reforms areas that are key to achieving and exceeding the socio-economic targets and outcomes within the National Agreement on Closing the Gap.

Next steps

Victoria will report on our progress against the Implementation Plan through the VGAAR. This will include monitoring all priority reform areas, socio-economic targets and other key commitments outlined in the National Agreement on Closing the Gap and the Implementation Plan.

Accountability

Accountability is key to ensuring the government’s commitment to self-determination is translated into meaningful action. DPC’s goal is to establish transparent, Aboriginal-led accountability of government-funded organisations.

Focus within the accountability domain

Accountability is key to ensuring the government’s commitment to self-determination is translated into meaningful action. DPC’s goal is to establish transparent, Aboriginal-led accountability of government and government-funded organisations. This will ensure that policies and programs are responsive to Aboriginal needs, priorities and aspirations, and that government action is consistent with the self-determination enablers and guiding principles. The treaty and truth and justice processes currently underway will scrutinise government’s accountability and heighten expectations on government to deliver on its commitments.

Overview of progress within the accountability domain

DPC’s primary contribution to the accountability domain is through leading the development of the VGAAR. The VGAAR is published annually to monitor progress on improving outcomes for Aboriginal Victorians across the VAAF’s six domains. This fulfils one of DPC’s BP3 commitments, and ensures government is accountable to Aboriginal Victorians when progressing its commitments under the National Agreement on Closing the Gap. DPC also coordinates annual reporting through the SDRF to monitor departmental progress of actions related to the VAAF’s self-determination enablers. Work towards obtaining and publishing disaggregated data and future upgrades to the Aboriginal data dashboard, will further improve community access to local level data. This will enable communities to hold government to account for outcomes in their local area and to drive place-based decision making.

DPC drove a number of new and significant accountability processes, including establishment of a Stolen Generations Reparations Package and leading the whole of government response to the historic Yoorrook Justice Commission, in line with Victoria’s commitment to address historical wrongs and ongoing injustices. During this reporting period, DPC established the Yoorrook Justice Commission Response and Engagement Branch to support the State’s engagement with the Commission. Over the coming years, treaty and truth will shape what accountability looks like and show us how we can further strengthen government’s accountability to community.

The establishment of the Subcommittee (see Section 2.2.1) is another important step in strengthening DPC’s accountability to self-determination reform. The Subcommittee will support accountability across all areas of the department by improving internal systems, policies and processes to enable self-determination.

2.4.1. DPC’s contribution to government accountability

CASE STUDY 2.4.1: Establishment of the Yoorrook Justice Commission

The Commission is inquiring into historical and ongoing systemic injustices committed against Aboriginal Victorians by State and non-State entities since colonisation.

The Nation’s First Truth and Justice Process

The Victorian Government established the Yoorrook Justice Commission on 12 May 2021, following 10 months of work in partnership with the First Peoples' Assembly of Victoria to develop the terms of reference for a truth and justice process. Funding of $58 million over four years was allocated to the truth and justice process in the 2020/21 State Budget, including $44 million for the establishment and operations of the independent, Aboriginal-led Commission.

Since its establishment, the Commission has developed the strategic priorities for its inquiry and begun work towards its three key goals of: creating a lasting public record of the truth; generating better understanding of the impacts of colonisation in the broader Victorian community; and making recommendations for changes to laws, institutions and systems to remedy injustices.

DPC established the Yoorrook Justice Commission Response and Engagement Branch to support the State’s engagement with the Commission and prepare departments to assist the Commission with its inquiry.

Next steps

The Commission will provide its interim report to by 30 June 2022 and continue its inquiry to support the development of its final report, due by 30 June 2024. The Commission's interim report may detail progress to date, emerging themes and issues and, if available, any initial findings that should be considered through the treaty process. DPC will lead the government response to these reports.

DPC will continue its open, transparent and genuine engagement with the Commission, including by providing documents and other information requested by the Commission and responding to the interim report.