It is also concerning that the legislation does not say that decision-makers exercise their discretion consistent with the purported purpose of improving Indigenous wellbeing.
These concerns emphasise the urgent need for an extensive consultation process and a culturally-appropriate public information campaign so that the communities affected by these laws understand what is being done and why it is being done; so they have the opportunity to take some level of “ownership” of the solutions in their own communities. In addition to this consultation, the government needs to listen - really listen - to community views.
If these measures are introduced before communities understand them and without extensive consultation, the processes just become another cause for concern, fear and distrust and they are going to have a counterproductive effect.
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Considering the complexity of the legislation and the haste with which it has been enacted, it is highly likely that there will be areas where the measures taken have unintended negative consequences. As such, it is crucially important that there be immediate monitoring and periodic, independent review - via a process which receives and considers public submissions.
There is also a need to put benchmarks in place and establish baseline data now, otherwise we have no means of measuring the progress, or knowing what elements are working to the benefit of Indigenous communities, and what elements should be changed.
At the end of the day, the effects of these measures, and whether they are beneficial or not, will all depend on how they are administered, and whether they are delivered in ways that respect the wishes and aspirations of the relevant communities.
It is peoples’ lives, communities and the oldest surviving continuous culture in the world that politicians are tinkering with here - failure is not an option.
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