Executive Summary

Part one

Chapter 2 The portfolio

This section provides an overview of FaHCSIA’s portfolio, including the Ministers responsible for the portfolio and its agencies, the structure of the portfolio and information about each of the portfolio agencies and their roles.

Ministers and portfolio responsibilities

The Ministers and Parliamentary Secretaries responsible for the portfolio and its agencies are:

the Hon. Jenny Macklin, MP,
Minister for Families, Housing, Community Services and Indigenous Affairs
the Hon. Tanya Plibersek, MP,
Minister for Housing and Minister for the Status of Women
the Hon. Bill Shorten, MP,
Parliamentary Secretary for Disabilities and Children’s Services
Parliamentary Secretary for Victorian Bushfire Reconstruction
Senator the Hon. Ursula Stephens,
Parliamentary Secretary for Social Inclusion and the Voluntary Sector.

Agencies and statutory bodies of the portfolio

Department of Families, Housing, Community Services and Indigenous Affairs

The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) is a key source of advice to the Australian Government on social policy and works in partnership with other government and non-government organisations to manage a diverse range of programs and services designed to support and improve the lives of Australians.

FaHCSIA has whole-of-government responsibilities in relation to Indigenous affairs and women.

The Department operates under the Financial Management and Accountability Act 1997 (FMA Act). Figure 1.1 on page 14 shows the Portfolio Ministers, the Department and the portfolio agencies, including agency heads and outcomes.

Equal Opportunity for Women in the Workplace Agency

The Equal Opportunity for Women in the Workplace Agency is a statutory authority that administers the Equal Opportunity for Women in the Workplace Act 1999 and operates under the FMA Act. This agency’s principal functions are to promote employment for women on the basis of merit, promote equal opportunity, eliminate discrimination and foster workplace consultation between employers and employees on these issues. The agency contributes to portfolio goals by working with business to develop work practices that improve women’s workforce participation in an environment free from discrimination.

Aboriginal Hostels Limited

Aboriginal Hostels Limited is an Australian Government company subject to the Corporations Act 2001 and the Commonwealth Authorities and Companies Act 1997 (CAC Act). The company provides temporary accommodation to Aboriginal and Torres Strait Islander people through a national network of 138 hostels. It contributes to the portfolio’s goals by helping Aboriginal and Torres Strait Islander people to improve their standard of living and achieve health, aged care, educational and employment-related goals.

Indigenous Business Australia

Indigenous Business Australia (IBA) is a statutory authority established under the Aboriginal and Torres Strait Islander Act 2005 and is subject to the CAC Act. IBA creates opportunities for Aboriginal and Torres Strait Islander people and communities to build assets and wealth.

IBA contributes to the portfolio goals by contributing to Indigenous economic development. To achieve this, IBA assists the Government in working with the private sector and local Indigenous people to encourage and foster Indigenous economic independence.

Indigenous Land Corporation

The Indigenous Land Corporation (ILC) is a statutory authority established under the Aboriginal and Torres Strait Islander Act 2005 and is subject to the CAC Act. The ILC assists Aboriginal and Torres Strait Islander people to acquire and manage Indigenous-held land so as to provide economic, environmental, social and cultural benefits. The ILC contributes to the goals of the portfolio by assisting in the delivery of sustainable benefits from land acquisition and by providing land management assistance.

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Torres Strait Regional Authority

The Torres Strait Regional Authority (TSRA) is a statutory authority established under the Aboriginal and Torres Strait Islander Act 2005 and is subject to the CAC Act. TSRA formulates, implements and monitors the effectiveness of programs for Aboriginal and Torres Strait Islander people living in the Torres Strait and advises the Minister for Families, Housing, Community Services and Indigenous Affairs about Aboriginal and Torres Strait Islander affairs.

TSRA contributes to the goals of the portfolio by working to empower Aboriginal and Torres Strait Islander people living in the Torres Strait to determine their own affairs based on the ailan kastom (island custom) of the Torres Strait, which provides a source of unity and strength.

Northern Territory land councils

The Northern Land Council, the Central Land Council, the Anindilyakwa Land Council and the Tiwi Land Council are the four Northern Territory land councils established under the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA). The land councils are subject to the CAC Act. Each is an independent statutory body and was established to represent Aboriginal interests in a range of processes under the Act.

Social Security Appeals Tribunal

The Social Security Appeals Tribunal is a statutory body under the Social Security (Administration) Act 1999 and operates under the FMA Act. The tribunal conducts merit reviews of administrative decisions made under a number of enactments, in particular social security law, family assistance law and child support law.

The tribunal has the power to review decisions independently of Centrelink and the Child Support Agency. It provides a review mechanism that is just, efficient, effective and informal, and contributes to the portfolio by ensuring that administrative decisions of FaHCSIA are consistent with the legislation.

Wreck Bay Aboriginal Community Council

The Wreck Bay Aboriginal Community Council is an independent statutory body established by the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 and is subject to the CAC Act. The council holds title to land and provides services to the Aboriginal community of Jervis Bay.

Statutory office holders

Aboriginal Land Commissioner

The Aboriginal Land Commissioner is an independent statutory office holder under the ALRA and operates under the FMA Act. The principal function of the Commissioner is to consider applications for claims to traditional land and to make findings to the Minister for Families, Housing, Community Services and Indigenous Affairs for the granting of land.

Executive Director of Township Leasing

The position of Executive Director, Township Leasing is a statutory office established under the ALRA to enter into, on behalf of the Commonwealth, leases of Aboriginal-held land in the Northern Territory, and to administer subleases and other rights and interests derived from such leases.

A central function of the Executive Director is to enter into leases over townships on Aboriginal land in the Northern Territory in accordance with section 19A of the ALRA, following approval from traditional owners.