Tuesday, 13 February 2018

Three billboards on the road back to where we came from: updates on the remote housing fiasco



The recent film Three billboards outside Ebbing, Missouri (link here) describes a mother’s frustration at the lack of progress of the local authorities in solving the murder of her daughter, and her actions in bringing attention to the inexplicable dereliction by authorities through posting giant signs on a local road. I can’t afford to rent three billboards, but can post three more modest brief ‘billboard signs’ here!

There have been three developments in the last few weeks in relation to the future of the remote housing program worth signposting.

Billboard One: Closing the Gap

The Prime Ministers Closing the Gap Statement released yesterday (link here) includes two salient sets of information. First, throughout the report, it is made clear in relation to virtually every target that the results in remote areas significantly lag the rest of the country.

In relation to child mortality, the NT rate is around double the national Indigenous rate (fig 2, page 39).

In relation to early childhood education, ‘The gap between Indigenous and non-Indigenous children attending early childhood education programs was largest in Remote (6 percentage points) and Very Remote (11 percentage points) areas’ (page 45).

In relation to education, ‘Indigenous attendance is lower in remote areas than non-remote areas, and the attendance gap remains larger in remote areas.’ Moreover, ‘There has been no meaningful improvement in any of the states and territories. In the Northern Territory the Indigenous attendance rate fell from 2014 (70.2 per cent) to 2017 (66.2 per cent)’ (page 49).

In relation to literacy and numeracy, ‘Outcomes also vary significantly across regions, with outcomes for Indigenous students substantially worse in remote areas…’ (page 58). See also page 60.

In relation to employment, the Indigenous employment rate fell over the past decade, from 48.0 per cent in 2006 to 46.6 per cent in 2016 (Figure 23), with ‘the employment rate falling in Queensland, South Australia, Western Australia and the Northern Territory but stable or rising in the other states’ (page 76).

In relation to life expectancy, the report notes: ‘Over the period 2012 to 2016, Indigenous mortality rates varied across the jurisdictions (Figure 29). The Northern Territory had the highest Indigenous mortality rate (1,478 per 100,000 population) as well as the largest gap with non-Indigenous Australians, followed by Western Australia (1,225 per 100,000)’ (page 106).

These statistics speak for themselves, yet nowhere does the report attempt to comprehensively lay out a holistic strategy for dealing with remote issues. This is a major gap in the Government’s approach to closing the gap. It amounts to an admission of failure by the present Government that remote policy issues are too hard, too difficult and ultimately insoluble.

Second, on page 112, the only reference to Indigenous housing totals just two paragraphs, reproduced in full below:

Improving the quality of remote housing
Good quality housing underpins all of the Closing the Gap targets in health, education and employment, as well as community safety.
The Australian Government has invested $5.5 billion over the past 10 years to improve the quality of housing in remote communities. This has seen percentage of houses that are overcrowded drop from 52 per cent to 37 per cent. Tenants now have rights and responsibilities they didn’t previously have and the system of housing operates as a genuine public housing system.

This is an extraordinarily paltry level of analysis and attention for an area of government investment which is crucial to the quality of life in remote communities. I can’t help but note that the actual figure is $5.4 billion after the Government’s 2015 budget cuts (link here), but what’s $95m between friends!  Prime Ministerial accuracy is clearly a second order priority. Despite the progress made, and the fact that the Closing the Gap report demonstrates that the most intense disadvantage amongst Indigenous citizens occurs in remote areas, the Government appears to be laying the groundwork for its comprehensive disestablishment.  

The Closing the Gap report does lay down two key metrics for the future of the remote housing program: first, will the Government commit to a ten year investment, and secondly, will it invest $550m per annum in the program.


Billboard Two: recent parliamentary questions on remote housing

In response to a number of questions in the Senate on 12 February, Minister Scullion clarified a number of points which have so far been unclear and not announced.

A question from Senator Dodson first (emphasis added; link to the full answer here):

Senator DODSON (Western Australia) (14:00): My question is to the Minister for Indigenous Affairs, Senator Scullion. …Minister, has your government taken a decision to end the decade-long Commonwealth investment in remote Indigenous housing agreed in the National Partnership Agreement on Remote Indigenous Housing? …

Senator SCULLION (Northern Territory—Minister for Indigenous Affairs and Leader of The Nationals in the Senate) (14:01): I thank Senator Dodson for the question…

... No, we're not walking away from that at all, Senator Dodson. But one of the things you need to know, which I haven't had the opportunity to personally come round and explain yet, is that since Christmas we've been doing some calculations about why it is that the clear calculations we did about 10 years, which are about numbers—how many houses we need to invest in and predictions of population—haven't quite got there and we now need another little addition.

… We had an independent review that showed the Northern Territory is the largest need, about 50 per cent. Under that come South Australia and Queensland—almost under that—and then much further down the pace comes—…

Senator Wong: A point of order on direct relevance, Mr President: the question Senator Dodson asked was whether the government had taken a decision to end the National Partnership Agreement on Remote Indigenous Housing. It is a very important question and, whilst the minister may have a lot of political attack on the states that he wishes to engage in, we would ask that he answer that simple question...

Senator SCULLION: A national partnership involves every state and territory. It is self-evident that New South Wales, Tasmania and Victoria are no longer in it. So now we're moving to a bipartisan approach. [I assume he means bilateral approach]. We've made the announcement with the Northern Territory and we're still in discussions with the other states and territories. But fundamental to this is ensuring that the states and territories are held to account, and those opposite should ensure that they are holding them to account in each of their jurisdictions. (Time expired)…

Senator DODSON (Western Australia) (14:03): I note what the minister said. Minister, I note that last week your representative in the House of Representatives, Minister Wyatt, declared: 'The funding has not been cut. It has not been reduced. Senator Scullion is in ongoing negotiations with the relevant ministers.' Is the minister correct?

Senator SCULLION (Northern Territory—Minister for Indigenous Affairs and Leader of The Nationals in the Senate) (14:04): Yes, he is. We have done an independent inquiry, which you would have a copy of, that shows what is required now, and our investment in the national partnership over a decade reduced the overcrowding significantly but we still have some work to do. So it's about that actual number, and we are negotiating, continuing to negotiate, with the states and territories about that number. But we now need the states and territories to transition to take on their own responsibilities of public housing, and we need to ensure that when the states and territories are allocating public housing—because, whether you're in Western Australia, Queensland, South Australia or the Northern Territory, Aboriginal and Torres Strait Islander people are still members of a state or territory. We're not walking away at all, but we are ensuring, and those on the other side should encourage, that each of the state and territory governments stand ready to take on their responsibilities for Aboriginal and Torres Strait Islander people living in their jurisdiction…

Senator DODSON (Western Australia) (14:05): Could the minister clarify if he has begun, or when he is going to begin, the negotiations with the state governments of South Australia, Queensland and my home state of Western Australia so as to maintain the effect of the remote Indigenous housing strategy?

Senator SCULLION (Northern Territory—Minister for Indigenous Affairs and Leader of The Nationals in the Senate) (14:05): It's been documented that I've been dealing with the Northern Territory government. I have met with the Queensland Minister for Housing and Public Works. We haven't come to a settlement on that matter yet. I have met with the minister for Indigenous affairs, who is not the minister for housing, and explained what the circumstance is. I will be meeting shortly with the ministers for housing in South Australia and in Western Australia.

In response to a question from Senator McCarthy, and an interjection from Senator Wong the following exchange took place:

Senator SCULLION (Northern TerritoryMinister for Indigenous Affairs and Leader of The Nationals in the Senate) (14:14): If I can just clarify again, I am not withdrawing from this process.

Senator Wong: Well how much money are you putting in? The funding is ending. How much are you putting in?

Senator SCULLION: We have indicated that we've undertaken in the Northern Territory, because that's the only bilateral that's been finished, to put in $120 million a year and that the Northern Territory would be matching it. So, that is the way it's going. We are looking to the states and territories, who I suspect actually withdrew. So in the places where we're requiring NPRH to be built, there was a decision by those jurisdictions to act by not spending a cent of the funds that the Commonwealth invests and that they should invest in remote communities. We've yet to find out if that is the case. I hope I'm wrong, but I have seen absolutely no evidence to demonstrate that they have taken any other course. (Time expired)…

Senator SCULLION (Northern TerritoryMinister for Indigenous Affairs and Leader of The Nationals in the Senate) (14:16): Well, we're certainly not walking away from funding remote housing. And can I say that there is another issue about jurisdiction. They are now being required to put this in a fund that is managed between the state, the Commonwealth and Aboriginal and Torres Strait Islander people. Now, I guess that hasn't been accepted well. We're just supposed to put it straight into the coffers.

It seems to me that there are a number of issues here.

The first is that it is clear that the National Partnership approach (and thus the ten year timeframe) is dead, and the Commonwealth is moving to shorter bilateral agreements. The rationale offered by Minister Scullion (that only four states are involved) does not withstand scrutiny. The NT has previously had a National Partnership agreement with the Commonwealth on its own; there has never been a requirement for all jurisdictions, or even most, to be involved in National Partnership agreements.

The second relates to the assertion of both Minister Wyatt and Scullion that the funding has not been cut. In the absence of an actual formal announcement, it is impossible to definitively determine the accuracy of these statements, but for the Ministers’ statements to be accurate (and thus not to mislead the Parliament) the Government will need to put $550m per annum on the table (ideally for ten years). Minister Scullion does admit that the level of remote housing need in the NT is around half the national need, and has allocated $120m per annum for an unspecified period there. This suggests that the national allocation will be in the region of $240m per annum, well below the $550m required for both Ministers’ statements to be accurate.

The third is that the establishment of a ‘fund’ which is managed by the Commonwealth, the states, and Indigenous representatives is a return to a proposal originally floated by the Giles Government in the NT, and which looks very much like the pre-NPARIH model known as IHANT. The problems faced by IHANT were that resources were extremely limited and did not match the needs, and the representative nature of its membership meant that funding was spread thinly across more than sixty locations, with little focus on asset management, poor economies of scale, and thus minimal continuity of work for the firms involved in construction. I provided a critique of this approach in this post from July 2016 (link here).

Finally, it is clear that the Minister has adopted a bizarre (or even mischievous) approach of dealing with jurisdictions sequentially and without formally writing to state ministers to outline the Commonwealth’s proposed approach. It is unacceptable and deeply troubling that the Commonwealth has adopted an administrative and political process which means that states such as WA or SA have not been formally approached about the future funding arrangements for a major capital intensive investment program that ends in less than five months’ time.


Billboard Three: appalling process supporting retrograde policy

The recent review of remote housing for which the Minister’s Department provided the secretariat, stated in its final report that it had invited public submissions (page 14).

Following Senate Estimates in October 2017, Senator McCarthy placed a question on notice (Question no.253 link here) seeking details of the invitation notice requesting public submissions.

In a belated response on 2 February 2018, the Department and Minister provided an answer to the Senator’s question in the following terms (emphasis added):

PM&C advertised for public submissions on its website between 9 December 2016 and 6 January 2017 (copy at Attachment A). Further, PM&C emailed approximately 100 stakeholders on 2 December 2016, and a further eight on 5 December 2016, inviting them to submissions.

ATTACHMENT A 
Submissions

The expert panel is seeking submissions on how Indigenous housing investment could be improved and made more sustainable. We want to hear from Indigenous communities and businesses, housing service providers, peak bodies, land councils and state governments on what has worked well and what could be done better. We also want to hear about how to get better community involvement, including local Indigenous employment and business engagement in housing. We are looking for practical ideas based on your extensive experience with the legislative, regulatory, operational and policy frameworks that underpin Indigenous housing.

If you would like to make a submission, please send it to the review secretariat at TheReview@pmc.gov.au by 16 December 2016.

Alternatively, for short submissions you are welcome to provide input through this web form or complete our survey questionnaire.

The Department’s answer is too cute by half. In other words, the notice requesting submissions (which appears merely to have been posted unannounced on the Department’s website) mentions particular stakeholder groups, but nowhere mentions public submissions, and asks for submissions by 16 December, but was only posted on 9 December 2016, thus giving members of the public a scant seven days to make a submission. As it turns out, and unsurprisingly, it appears from the appendices that only organisations and individuals invited to make submissions actually did so. I previously posted regarding the numerous deficiencies in the Review report (link here), which is relevant because it should provide the analytic and factual foundations for the Commonwealth’s policy going forward. The deliberate avoidance of public input merely exacerbates the previous critique, and undermines the Reviews legitimacy as an independent policy document.

This is a further example of the Government’s disrespectful approach to seeking community input into the policy, and appears designed to ensure that public input was not provided. The chaotic and disorganised administrative processes around both the review and the subsequent negotiations with the states at best reflect poorly on the Department and the Minister, and at worst, appear to amount to a deliberate attempt to avoid any opportunity for public input and potential criticism of the government’s retrograde policy in relation to remote housing.

Conclusion

The bottom line on this issue is that despite the ongoing failure to Close the Gap due to lack of an effective strategy tying resources to objectives, and the evidence of the Commonwealth’s own statistics that the most intensive disadvantage is in remote regions, the Commonwealth continues to dance around the crucial issue of funding social housing in remote communities.

The policy rationale for cutting funding does not exist, the administrative and political processes associated with deciding future arrangements are either neglected or deliberately short-circuited. The Government and in particular Minister Scullion appears incapable or unwilling to provide funding certainty to state governments, Indigenous citizens, and the public at large, and it seems probable that both Ministers Wyatt and Scullion have misled the Parliament in asserting unequivocally that funding levels have not been cut. Time will tell.

We appear to be heading back to where we came from, with every prospect that housing conditions in remote Australia will worsen, overcrowding will worsen, and as a result so too will the associated consequences for health and economic participation. The already deep levels of disadvantage amongst our most disadvantaged citizens will only get worse. We don’t need public billboards to tell us that.


Monday, 12 February 2018

The Commonwealth Response to the NT Royal Commission into the Protection and Detention of Children in the NT



On 8 February 2018, the Commonwealth released its response to the recent report of the Royal Commission which was announced by the Prime Minister in July 2016 (link here) following revelation on the ABC 4Corners program. The Prime Minister, Minister for Social Security, and Minister for Indigenous Affairs issued a media release (link here). Carriage of the response is with the DSS. Here is a link to the Commonwealth’s response.

The Commonwealth has responded to 28 of the Commission’s 226 recommendations which relate to or involve Commonwealth action.

The Ministers’ media release stated (in part):

The Commonwealth Government will focus on improved national leadership and the coordination of early intervention for at-risk children in its response to the Royal Commission into the Protection and Detention of Children in the Northern Territory…

While the majority of the findings and recommendations are matters for the Northern Territory Government, which has responsibility for child protection and youth justice systems, there are a number of recommendations that solely or partially relate to the Commonwealth and we are committed to taking action where appropriate.

The Commonwealth invests $790 million of the Indigenous Advancement Strategy (IAS) into the Northern Territory, including one third of the Community and Safety Programme funding under the IAS. The Commission found the issue is not a lack of funding, rather, it is the lack of coordination and understanding of how that money is spent and what outcomes are being achieved…(emphasis added)

I propose to limit my commentary to a small number of issues rather than attempt a comprehensive analysis of the Commonwealth response. The response groups the 28 recommendations into 20 groups, and the responses break down as follows:

Supported                                          3

Supported in principle                      12

Noted                                                 3

Not supported                                    2


The reliance on the ‘support in principle’ approach is worrying as it allows the Government to appear supportive without necessarily committing to actioning the recommendations. This is the equivalent of the formulation utilised in the media release: ‘we are committed to taking action where appropriate’.

There are a number of recommendations relating to the effectiveness of program expenditure in the areas relating to children’s services, in particular recommendations 6.1, and 15.4.

Recommendation 6.1 suggests the Productivity Commission undertake a review and audit of Commonwealth expenditure in the Northern Territory in the area of family and children’s services relevant to the prevention of harm to children. The review should address coordination of programs, funding agreements and selection of service providers, service outputs and evaluations. The response was to support in-principle, with the addition of Northern Territory government expenditure to the review.

While a Productivity Commission review would no doubt be extremely useful, part of the ongoing underlying problem necessitating such an ad hoc review is that the Commonwealth and the NT fail to produce comprehensive information on what they spend and where, updated quarterly or even annually.

So for example, the Commonwealth Ministers’ media release mentions that the ‘Commonwealth invests $790 million of the Indigenous Advancement Strategy (IAS) into the Northern Territory, including one third of the Community and Safety Programme funding under the IAS’. Yet this information is not available on the PMC website (and of course, nor is any comprehensive and accessible expenditure information relevant to other jurisdictions or other functional responsibilities. This is a simple fix which would go a long way to meeting the Royal Commission’s aspiration that Governments work in partnership with Indigenous communities. This is not possible when Governments tightly control access to all information on investment priorities. 

Recommendation 15.4 relates to rationalising the funding of medical services in prisons by applying the Medicare Benefits and Pharmaceutical Benefits arrangements to the provision of health services within youth detention facilities, yet the Commonwealth has rejected this on the spurious basis that to accept the recommendation would lead to double dipping. The Commonwealth could make an adjustment to state funding simply by changing the instructions to the Grants Commission, but given its decision to not support the recommendation, it appears content to leave arrangements in place which appear to build in a structural incentive for institutions to underprovide medical services to inmates. This is poor policy.

A second set of recommendations relate to place based service provision. The Commonwealth has supported them in principle, making the comment:
Further consideration of implementation details is required, including clarifying the role of the Commonwealth and NT Governments.
The importance of place based service provision has been widely appreciated amongst policymakers for more than two decades, but it has been consistently honoured in the breach by the Commonwealth, perhaps the most obvious example being the slow or non-existent progress of the government’s Empowered Communities strategy. The Government’s ‘in-principle’ support for this recommendation provides very little assurance that anything will change in the near future. Again this prevarication is poor policy.

Finally, there are a series of recommendations on evaluation, ostensibly a major priority of the Commonwealth. So recommendation 43 includes:
43.1 Specific evaluation plans be established as a mandatory component of policy and program development, and as a means of assessing effective implementation of the Commission’s recommendations.
43.2 Outcomes from evaluation be used to establish a local evidence base to support the existence and funding of policies and programs.

The Government’s response is

Support in-principle, subject to further consultation.  Further consideration of implementation details is required for each of these recommendations. Some data collection and analysis would require agreement of all states and territories, and would need to be aligned with existing projects.

This is plainly so heavily caveated as to be meaningless. If the Commonwealth was serious about national leadership and coordination (as mentioned in their media release), they would cut through these sorts of issues and commit to action. Instead, the gap between rhetoric and substance appears to be as wide as ever. A suggestion which appears to be good policy is being lined up for subversion and non-implementation once the spotlight of attention moves on.

There is much more which might be examined and analysed, but the drift is clear. After establishing the Royal Commission, funding it to the tune of over $50m, one would hope that the Commonwealth Government would give serious attention to responding with substantive proposals for changing the system which led to the royal commission in the first place. Instead, we get prevarication and obfuscation, disguised as concern and attention to detail.

If the Government were serious about addressing these issues, they would commit to establishing a parliamentary committee to be established in a year’s time to examine progress in implementing the Royal Commission’s recommendations.


The lack of transparency in the Indigenous affairs policy domain is a major contributor to community misunderstanding, raised and dashed expectations, and poor policy and program effectiveness. It is easily fixed, but potentially politically inconvenient. Fixing it would require real national leadership.