Print - Self-Determination Reform Framework Report 2022

Date:: 13 Apr 2023

Secretary's Foreword

The Self-Determination Reform Framework (SDRF) is the government’s plan for the internal implementation of the Victorian Aboriginal Affairs Framework 2018-2023 (VAAF).

Jeremi Moule, Secretary, Department of Premier and Cabinet

Government action to enable self-determination acknowledges that First Peoples hold the knowledge and expertise about what is best for themselves, their families and their communities.

Victoria’s historic commitment to and implementation of the Uluru Statement from the Heart – Voice, Treaty, Truth – demands that Government go beyond previous approaches to advancing Aboriginal self-determination. This includes embedding self-determination principles into core business, as well as enabling self-determination through systemic and structural transformation.

Treaty in Victoria is the embodiment of Aboriginal self-determination. It is the mechanism through which power and resources will be transferred, First Peoples can pursue their aspirations, and design and deliver their own solutions. The Department of Premier and Cabinet (DPC) is leading Treaty negotiations for the State, working with the First Peoples’ Assembly of Victoria as the presumptive representative body for all First Peoples in Victoria on the Treaty process.

The ability for First Peoples to hold government to account is a critical element of self-determination reform. The SDRF is an important accountability tool which commits departments to report on their self-determination reform actions and requires regular reflection, collaboration and innovation.

This purpose of the 2022 DPC SDRF Report (Report) is to reflect on efforts to embed self-determination in core business, outline progress to date and consider new ways to deliver on our commitments in 2023.

DPC continues to focus on internal transformation across the public sector reform domains of people, systems, outcomes and accountability. Key actions are being progressed to strengthen DPC’s Aboriginal workforce, increase procurement from Victorian Aboriginal businesses, and to improve data sharing to inform decision-making. Of the twenty-six self-determination actions that were established by DPC groups for 2022, 1 is complete, 9 are in progress, 14 are ongoing and 1 is delayed.

I recognise that DPC’s progress to date has been modest. Many of our SDRF commitments either reflect day-to-day activities or are dependent on longer-term projects that extend beyond 2022. DPC has identified that the lack of established metrics for these actions has hindered our ability to measure progress. This highlights the need for more ambitious, measurable actions to ensure efforts are escalated and momentum is maintained.

As a central agency, DPC has a responsibility to be a leader in this space. This Report steps out new and bold actions that are specific, measurable, achievable, realistic and timely, for implementation from January 2023. The Board of Management Subcommittee on Self-Determination Reform (BOMSC), established in 2022, will play a key role in supporting all DPC work areas to deliver on their commitments and critically reflect on any barriers.

As we look towards the commencement of Treaty negotiations, I look forward to DPC’s collective efforts in advancing self-determination, transforming our way of working and committing to continual improvement.

Jeremi Moule

Secretary, Department of Premier and Cabinet

About this Report

This is DPC’s third annual Report, covering the 2022 calendar year. It reports on the department’s progress toward embedding the VAAF self-determination enablers across all systems, processes and practices.

The annual report aims to measure where on the VAAF self-determination continuum our actions are landing and invoke reflection on how to move further along that spectrum.

This year, the Report demonstrates some progress from across DPC’s seven groups. Key achievements include:

implementing the Stolen Generations Reparations Package with DJCS
the release of state and sub-state data on the VAAF data dashboard
the tabling of the 2021 Victorian Government Aboriginal Affairs Report (VGAAR).

As part of DPC’s genuine accountability and truth-telling measures, it is necessary to identify delays as well as successes. Some common barriers to completing actions were noted, including:

efforts being diverted to the COVID-19 and flood responses
ambiguity in goals, desired outcomes and metrics
resourcing and capacity constraints
data governance and privacy risks.

Overall, the Report has demonstrated a focus on business as usual rather than transformative change. It also highlights that action is largelyconcentrated within the First Peoples-State Relations (FPSR) group. This does not reflect the reality that embedding self-determination is a shared responsibility.

It is a critical function of this Report to encourage reflection, so the development of ambitious new actions for 2023 has been prioritised by DPC groups outside of FPSR. The department acknowledges that bold new ways of working are needed to overcome the legacy of colonisation and dispossession.

Note: as this Report covers the 2022 calendar year, it does not reflect Machinery of Government changes which came into effect on 1 January 2023.

VAAF Self-determination continuum

Progress on current DPC self-determination actions

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, Outcomes and Accountability.

Progress Summary

People

Reporting highlights that many of the People domain actions were delayed or remained business-as-usual due to resource constraints. This hindered progress on actions to build knowledge of self-determination across the department and provide support to Aboriginal staff. The launch of the Aboriginal Workforce Strategy in 2023 and the recruitment of a dedicated resource to implement the strategy (subject to approval and funding) will be important in progressing key actions in this domain. Read more about the work being done in the people domain.

Systems

A number of systems commitments were delivered through the day-to-day work of the department, such as: ongoing policy liaison advice; adopting a self-determination lens to processes such as budget and legal; and promoting implementation of various First-Peoples-related strategies. Whilst important, these actions are business as usual and demonstrate a need to target new and different systems for true transformation. Some actions have been hindered by staffing or other resource constraints. Read more about the work being done in the systems domain.

Outcomes

The status of these actions remains ‘in progress’ and ‘ongoing’ with the release of sub-state data dependent on the availability of data and the release of the 2022 and 2023 VGAAR due in 2023 and 2024 respectively. Ongoing engagement with departments and agencies on data sharing agreements and with the Partnership Forum will be integral to progressing key actions in this domain in 2023. DPC recognises that the limited action in this domain highlights the need for a better focus on outcomes reform. A strong outcomes-based approach will enhance government accountability. Read more about the work being done in the outcomes domain.

Accountability

Some actions were delayed due to inadequate success metrics and lack of inter-departmental buy-in to initiatives. This hindered progress on actions in accountability across the department. The establishment and operation of the Partnership Forum and updates to the VAAF data dashboard will be integral to progressing key actions in this domain in 2023. Read more about the work being done in the accountability domain.

A new approach for self-determination reform actions

The BOMSC endorsed a new approach to encourage DPC groups to move away from business-as-usual activities in the next SDRF report and to identify bold, ambitious commitments that deliver greater Aboriginal control of decision-making in Victoria.

The below table captures the new self-determination commitments that DPC groups will pursue in 2023, in addition to those identified in the above domain chapters to progress existing strategies and initiatives.

DPC Groups

Cabinet, Legal, Governance and Communications Group (CLGC)

Social Policy & Intergovernmental Relations (SPIR)

Economic Policy and State Productivity (EPSP)

Industrial Relations Victoria (IRV)

SDRF commitments

Seek Government endorsement to require all public sector employers to insert a minimum entitlement to cultural and ceremonial leave and leave to participate in the First Peoples’ Assembly in all future public sector enterprise agreements.

Subject to consultation with public sector unions and First Peoples employee networks on whether the existing VPS entitlement is reflective of lived experience and cultural expectations of First Peoples employees, the entitlements would be based on existing entitlements in the Victorian Public Service Enterprise Agreement 2020 (as amended)

SDRF enabler	Address racism and promote cultural safety Subject to consultation with public sector unions and First Peoples employee networks on whether the existing VPS entitlement is reflective of lived experience and cultural expectations of First Peoples employees, the entitlements would be based on existing entitlements in the Victorian Public Service Enterprise Agreement 2020 (as amended)
Level of ambition (Self-determination continuum)	Partnership
Intended outcomes	Increase access to cultural and ceremonial leave for First Peoples public sector employees to support their participation in meetings of community organisations and for ceremonial purposes connected to the death of an immediate or extended family member or other ceremonial obligations provided under lore. Providing paid leave to employees elected as members of the First Peoples’ Assembly will support them to fulfill their official functions during their term of office.
Public Sector Reform Domain	People
How progress will be measured / tracked	By inserting a provision in the Public Sector Industrial Relations Policy requiring all public sector employers to include Cultural and Ceremonial Leave and First Peoples’ Assembly entitlements in enterprise agreements as they are renegotiated. This initiative will be pursued as part of a broader review of the Public Sector Industrial Relations Policies. Subject to Government approval, this work is expected to be completed in the second half of 2023. Compliance with any approved new minimum entitlement will be implemented through enterprise bargaining processes over the following 3-4 years. Number of public sector enterprise agreements which include an entitlement to Cultural and Ceremonial and First Peoples’ Assembly Leave.

SDRF commitment

Support cultural safety and accessibility to Gig Worker Support Service for First Peoples users.

SDRF enabler	Address racism and promote cultural safety
Level of ambition (Self-determination continuum)	Inform, consult and collaborate
Intended outcomes	Ensure that in setting up the service there are First Peoples specific approaches and strategies. Ensure that services are delivered in a way that is accessible and culturally safe for the benefit of First Peoples who are gig workers using the service through initial and ongoing cultural awareness training and planned engagements with those agencies providing First Peoples’ legal services.
Public Sector Reform Domain	People
How progress will be measured / tracked	Upon commencement of the service, all staff will have undertaken cultural awareness training by a trainer nominated by PCC and by end of 22-23 Financial Year as well as this ongoing action, a review of all GWSS files where gig workers identified as First Peoples, the GWSS to consider the nature of the issues raised and the impacts and referral support provided. This will help inform the Evaluation strategy which would seek to report on the nature and extent to which the GWSS has been of benefit to First Peoples - the evaluation would likely be completed in the 24-25 FY.

SDRF enabler	Transfer power and resources to communities Address trauma and support healing
Level of ambition (Self-determination continuum)	Co-ownership
Intended outcomes	Increased focus on embedding self-determination principles in funding agreements, for example, in recognition that First Peoples, not the department, are best placed to make decisions about funding expenditure.
Public Sector Reform Domain	Systems
How progress will be measured / tracked	As captured in corporate records

SDRF enabler	Prioritise culture Address racism promote cultural safety Address trauma and support healing
Level of ambition (Self-determination continuum)	Consult
Intended outcomes	Encouraging a collective consciousness of self-determination principles to reflect the role of these principles in improving outcomes for First Peoples
Public Sector Reform Domain	Systems
How progress will be measured / tracked	Number of CLG staff completion of relevant training

SDRF enabler	Prioritise culture Address racism and promote cultural safety
Level of ambition (Self-determination continuum)	Collaborate/ partnership
Intended outcomes	This will be supported by SPIR leadership identifying opportunities to build awareness and understanding of self-determination and cultural safety, to enable an increasing percentage of SPIR staff (50% in 2023-24, then 75% in 2024-25, 100% in 2025-26) to have a self-determination related goal in their PDP.
Public Sector Reform Domain	People
How progress will be measured / tracked	Staff with a self-determination related goal in PDP Staff participation rates in self-determination and cultural safety L&D SPIR and FPSR partnership to deliver L&D on self-determination in the policy/budget process Survey to staff about their use of self-determination lens in policy advice/budget review People matters survey results – feeling culturally safe at work.

SDRF enabler	Address racism and promote cultural safety
Level of ambition (Self-determination continuum)	Partnership
Intended outcomes	SPIR hiring managers will be supported to identify roles and suitable candidates so that by 2024, with the goal of achieving 2% of total SPIR staff are First Peoples (in line with the Barring Djinang target for the Victorian Public Service).
Public Sector Reform Domain	People
How progress will be measured / tracked	Number of staff who participate in an initiative to work across FPSR/SPIR groups Number of staff who work in SPIR are First Peoples (People Matters).

SDRF enabler	Prioritise culture
Level of ambition (Self-determination continuum)	Partnership
Intended outcomes	Increase focus on embedding early
Public Sector Reform Domain	Systems
How progress will be measured / tracked	Survey both project teams and Traditional Owners to identify effectiveness of engagement and opportunities for improvement.

Self-Determination Reform Framework Report 2022

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