Diagram

Governing body

Top manager

Interviews and hires the top manager.

Contracted to operate under instructions and delegation from the governing body.

Accountable to members who s/elected them.

Accountable to governing body.

Oversights and reviews the work performance of the top manager.

Supports the governing body to undertake self-evaluation of their governance performance and to participate in developing governance capacity. Oversees and reviews the work performance of staff.

Sets the overall strategic direction for the organisation.

Implements the overall strategic directions.

Makes and approves governance and other overall policies.

Supports the governing body in developing policies. Implements policies made by the governing body.

Provides input into and approves overall annual budget.

Provides financial information, reports and plans for approval. Operates under delegation for daily authority.

Provides input into approves business plan.

Develops and implements the business plan.

Makes key decisions about major capital expenditure, investment.

Makes decisions about expenditure and investment under delegation.

Seeks feedback, consults with and report to members for decision-making and strategic direction.

Communicates with members and staff on activities, progress and outcomes.

Aboriginal and Torres Strait Islander dispute resolution

Western dispute resolution

The close family, elders and wider community work out what the dispute or wrongdoing is about, who it has affected, and how it will be resolved or punished.

Strangers (external professionals) determine the nature of the dispute or wrongdoing, and how it will be resolved or punished.

Punishment and peacemaking processes are made by consensus among all participants, according to Aboriginal and Torres Strait Islander laws and legal precedent. The aim is both personal punishment and restoration of the wider social equilibrium and collective identity.

Punishment is determined according to formalised laws and legal precedent. Peacemaking and restoration of collective identity are not considerations, although individual rehabilitation is.

Participants take into account not only the impact on the ‘victim’, but also the wider, critical factors of social and religious impact.

The impact of the dispute or wrongdoing on the ‘victim’ may be taken into account by the court.
‘Offenders’ may make submission as to their character to the court.

The people directly involved in the dispute (victims and offenders) are also involved in the customary law process, including determining innocence or guilt and advocating punishment or other restorative solutions.

External advocates are used.
The people involved in the dispute (victims and offenders) are generally held at arm’s length from judgement of the evidence, determination of guilt and the punishment.

Decision making is collective and by consensus, sometimes taking considerable time and negotiation.

Decision making is hierarchical and formalised through institutions such as courts, hearings, professional members of the judiciary and jury systems.

A wider group of people may be included in the punishment, peacemaking and compensation.
Restorative justice is the goal where satisfaction and healing between families and the ‘victim’ and ‘offender’ are of paramount concern in resolution and punishment.

Only the ‘offender’ is punished.
In the adversarial legal system, the level of satisfaction among the wider set of people who feel affected by the dispute or wrongdoing is not a factor in sentencing.

• Aboriginal and Torres Strait Islander extended families and their linked households
• Clan, native title and land-ownership groups
• Skin and kinship groups
• Ceremonial relationships and responsibilities
• Trade, language and sacred-knowledge networks
• Peer groups and hierarchies of leaders (both male and female)
• The residents of interrelated outstations, urban neighbourhoods, rural fringe camps and pastoral stations
• ‘whole of community’ governing collaborations
• Federations of dispersed communities
• Regional assemblies
• ‘families’ of incorporated organisations
• Organisational alliances, peak bodies and representative associations.

Standard approach

Nation-rebuilding approach

Culture is portrayed as problematic.

Culture is seen as a strength and asset.

Decision making is short term, non-strategic and often externally controlled.

Decision making is able to be longer term, strategic and under the control of the nation.

External parties set the future direction.

Future agenda setting is directed by the nation.

Development is treated as primarily an economic problem and goal.

Development is seen as an interrelated social, economic and cultural goal.

Leaders act as hunters and distributors of resources and services, and make ill-informed decisions.

Leaders act as stewards, nation-builders, mediators and mobilisers, and can make decisions based on plans.

Accountability is upwards to external parties and focuses on financial administration.

Accountability is downwards to the nation’s members and focuses on collective goals.

Governing rules and frameworks are based on external values, standards and concepts.

Governing rules and frameworks reflect Aboriginal and Torres Strait Islander political cultures and concepts.

The result is failed governance and enterprises; politicised decisions; a governance culture that is dependent on external funds and remedial intervention; an impression of chaos and dysfunction; and continued poverty.

The result is growing governance capacity; consensus decision making; sustainable enterprises and community development; a governance culture where risk is evaluated, managed and diversified; an impression of competence and resilience; and socioeconomic progress.