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This is an out of scope recommendation

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312

Amend Aboriginal and Torres Strait Islander Commission legislation

That the intention of Sections 17 and 18 of the Aboriginal and Torres Strait Islander Commission Act 1989 be clarified, by amendment to the legislation if necessary, in order to facilitate the funding of enterprises which are not necessarily commercially viable on the basis of social development criteria.

Aboriginal Justice Caucus Assessment

Recommendation 312 was the responsibility of the Commonwealth Government and therefore outside the scope of this project.

Background

The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) recommended expanding economic opportunities for Aboriginal communities, including support for Aboriginal enterprises. Reviews of the Enterprise Program found its effectiveness was limited by confusion between social and commercial goals. Many funded projects were community-based initiatives that were not highly profitable but were vital for employment and essential services in areas with limited labour markets.

The Commission recognised this tension and called for clearer legislative support to fund enterprises based on social development outcomes, not just commercial viability.

Actions Taken Since Last Review

The Aboriginal and Torres Strait Islander Commission Act 2005 (Cth) was introduced to abolish ATSIC and rename the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) as the Aboriginal and Torres Strait Islander Act 2005 (Cth). Consequential amendments arising from the abolition of ATSIC Included: transfer of ATSIC’s assets and liabilities to other agencies, the establishment of a new housing fund to be administered by Indigenous Business Australia, and modification of the role of the Office of Evaluation and Audit.

Impact

For references and complete bibliography please download the recommendation assessment
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© 2026 Aboriginal Justice Caucus.

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© 2026 Aboriginal Justice Caucus.

All rights reserved.