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Reconciliation Day Public HolidayConsultation Outcomes ReportClient:Community Services DirectorateDate:29 July 2016

Contact:Roz [email protected] 3301

CanberraPhone: 02 6274 3300Fax: 02 6274 333325 Lennox CrossingActon ACT 2601

[email protected] | Canberra | DarwinABN 56 003 853 101

Prepared by Roz Chivers

Reviewed by Sophie Efkapidis

Date 29 July 2016

Document name

Outcomes report

Version 2

1 EXECUTIVE SUMMARY 4

2 CONSULTATION OVERVIEW 52.1 Introduction 52.2 Purpose of the consultation 52.3 This report 6

3 ENGAGEMENT PROCESS 73.1 Letters to key stakeholders 73.2 Time to Talk – written submissions 73.3 Time to Talk – online survey 73.4 Public forum 73.5 Intercept Surveys 83.6 Focus Groups 83.7 Interviews with key stakeholders 8

4 OUTCOMES 104.1 Support for the proposed Reconciliation Day Public Holiday. 104.1.1 Support for the proposal 104.1.2 Opposed to the proposal 124.2 Which of the existing public holidays should be replaced by the proposed

Reconciliation Day Public Holiday? 134.2.1 Family and Community Day Public Holiday 164.2.2 Queens Birthday Public Holiday 164.2.3 Other suggested days 184.3 Preferred date for the Reconciliation Day Public Holiday 184.4 Implementation issues. 204.5 Summary of outcomes of the engagement process 22

5 Recommendations 23

A Ministers correspondence 25B Time to Talk text 26C Online survey 28D Survey posters 29

During National Reconciliation Week 2016 the ACT Minister for Minister for Aboriginal and Torres Strait Islander Affairs announced the ACT Government would start a discussion with the Canberra community on a proposal to celebrate Reconciliation with a public holiday. It is proposed to rename one of the existing public holidays - either Family and Community Day or the Queen’s Birthday public holiday - to Reconciliation Day and potentially change the date.

ContentsAPPENDICES1 Executive Summary

This conversation with the community was held during June and July 2016 and included a number of different engagement activities. These included letters from the Minister for Aboriginal and Torres Strait Islander Affairs to key stakeholders seeking written submissions, a request for submission on Time to Talk for a number of weeks followed by an online survey on Time to Talk. Face to face engagement activities include a public forum, four focus groups and interviews with key stakeholders. The engagement sought to gain feedback on the proposal: identify a preferred date for the celebration, if any and identify which public holiday (Family and Community Day or Queen’s birthday) should be replaced. The engagement also sought to identify and address barriers that stand in the way of the community understanding of the proposal.The engagement process revealed that there was support for a Reconciliation Day public holiday. Those not in support typically saw this as an attack on the monarchy and republicanism by stealth; didn’t understand that this was a celebration for all Australians not just the Aboriginal and Torres Strait Islander community or were racist. There was some dissension about whether the public holiday should be Reconciliation Day, Mabo Day or a different name all together e.g. Unity Day. Some felt that the name Reconciliation was divisive, or wasn’t future looking enough. With the exception of the unions (unions ACT and SDA) people supported the replacement of Family and Community Day – either because the symbolism was linked or because the holiday is perceived as being meaningless.The consultation revealed a need for an awareness raising campaign. It highlighted the need for a Council and budget to ensure that the public holiday was not simply a day off but an inclusive celebration and showcase of Aboriginal and Torres Strait Islander culture. Given the complexity of many of the issues raised during the consultation it is recommended that the Reconciliation Day public holiday be trialled in 2017 on the first Monday of Reconciliation Week. This will mark the 50th anniversary of the referendum and be on a few days before the 25th anniversary of the Mabo decision.

1.1 IntroductionIn June 2016, the Minister for Aboriginal and Torres Strait Islander Affairs, Chris Bourke MLA announced that the ACT Government would start a discussion with the Canberra community on a proposal to celebrate Reconciliation with a public holiday. The Reconciliation Day public holiday is not proposed to be a new public holiday instead it would replace an existing public holiday, either the Queen’s Birthday public holiday or the Family and Community Day public holiday. These public holidays were chosen as they are not national public holidays. Family and Community Day is an ACT only public holiday whilst the Queen’s Birthday holiday is celebrated across Australia but on different dates in Western Australia and Queensland. In South Australia, the Queen’s Birthday holiday is also called Volunteer’s Day. Since the consultations began, the ACT Government Solicitor has advised that the Queen’s Birthday is a public holiday designated under the Commonwealth Fair Work Act 2009 (subsection 115(1)(a)(vi) and the national workplace relations system.2017 is the significant year in terms of Reconciliation. 27 May marks the 50th anniversary since the 1967 referendum which saw over 90 per cent of Australians vote to give the Commonwealth the power to make laws for Aboriginal and Torres Strait Islander peoples and recognise them in the national census. 3 June marks the 25th anniversary of the

2 Consultation overview

Mabo decision which legally recognised that Aboriginal and Torres Strait Islander peoples have a special relationship to the land—a relationship that existed prior to colonialisation and still exists today. The Minister is hoping that the first Reconciliation Day will be in 2017 to mark these significant events in reconciliation. In order for this to occur the proposal needs to be presented to the Legislative Assembly as a disallowable instrument in the August sitting period. To meet this time fame consultation on the proposal was undertaken during July 2016. A range of approaches were used to obtain community feedback.

1.2 Purpose of the consultationThe purpose of the consultation was to seek community feedback on the proposed change to an existing public holiday for the Reconciliation Day celebration. In addition the consultation was designed to:» identify a preferred date for the celebration, if any» identify which public holiday (Family and Community Day or Queen’s birthday) should

be replaced or whether a combined public holiday (e.g. Family and Community Day and Reconciliation Day together) would be supported

» identify and address barriers that stand in the way of the community understanding of the proposal of replacement of the Family and Community Day or Queen’s birthday public holiday with the Reconciliation Day public holiday

» identify and address any impediments to the proposed change to the Family and Community Day or Queen’s Birthday Public Holiday.

1.3 This report This report summarises the engagement approach undertaken to obtain community feedback on the proposed Reconciliation Day Public Holiday. It also outlines the outcomes of the consultation and includes a number of recommendations related to the implementation of the Reconciliation Day public holiday.A variety of engagement activities were used to obtain community and key stakeholder feedback on the proposed Reconciliation Day public holiday to ensure that the engagement maximised both the opportunity for meaningful contributions from all participants and the prospects of strong constructive feedback.

1.4 Letters to key stakeholdersAt the commencement of the consultation period the Minister for Aboriginal and Torres Strait Islander Affairs wrote to key stakeholders seeking their written response to the proposal. A copy of the letter is at Appendix A. In total 31 letters were sent.

1.5 Time to Talk – written submissionsThe Reconciliation Day public holiday was added to the ACT Governments on line consultation platform Time to Talk http://www.timetotalk.act.gov.au. Two different

3 Engagement Process

approaches were used for Time to Talk. The first approach sought written responses to the proposal. This approach was used for a month from Thursday 9th Jun, 2016 3:00 pm to Friday 8th Jul, 2016 12:00 pm. The text for the website is at Appendix B.

1.6 Time to Talk – online survey At the closure of the first month of consultation the Time to Talk page was updated with input sought via a short online survey rather than written submission. This was designed to provide a quick and convenient avenue for time poor stakeholders or people not comfortable making written submissions to provide feedback. The survey was open from Friday 8 July 2016 until Friday22 July 2016. A copy of the online survey is at Appendix C.

1.7 Public forum A public forum was held on Monday 11 July from 3.00pm to 5.00pm at the Theo Notaras Multicultural Centre in Civic. The forum was promoted on Time to Talk, via email to key stakeholder groups and individuals and by invitations directly to groups and individuals who had made submissions. In addition the Minister promoted the event during a number of radio interviews and at a range of NAIDOC week events. Two methods of obtaining feedback were used at the Forum. The first allowed attendees to ‘vote’ on whether or not they supported the proposed Reconciliation Day Public Holiday. They were then asked to ‘vote’ on a preferred day. The votes were recorded by the placement of ‘hot dots’ in the relevant parts of the information posters. A copy of the posters is at Appendix D.The second method involved a town hall meeting approach. Following an opening statement from the Minister attendees were provided with an opportunity to comment, ask questions or raise concerns. This technique was employed as it allowed attendees, the majority of who were Aboriginal or Torres Strait Islander people, to share their stories of why a Reconciliation Day celebration was important to them.

1.8 Intercept SurveysTwo intercept surveys were undertaken utilising the survey posters so that participants could ‘vote’ on the proposal and on a possible day to celebrate (if applicable). The ‘intercept’ nature of this activity allowed team members to explain the proposal, and Reconciliation if necessary. The surveys were undertaken with staff and students on the CIT Reid and CIT Bruce campuses during lunch hours on 25-26 August respectively.

1.9 Focus GroupsFour focus groups were held with key stakeholders to discuss the proposal, identify a preferred date for the public holiday (if any) and identify and address barriers and impediments to the proposed change of public holidays and the communities understanding of the proposal. The focus groups were as follows: peak groups (community organisations and sporting groups), employers groups (including industry groups, unions, Canberra Business

Chambers and a number of the CBC taskforces), government (ACT, NSW and Commonwealth) and Aboriginal and Torres Strait Islander organisations.Many of the organisations invited to participate in the focus groups had also been sent a letter from the Minister seeking written feedback on the proposal. The focus groups were semi - structure in nature allowing for flexibility to explore particular ideas or concerns.

1.10 Interviews with key stakeholdersInterviews were held with key stakeholders. This provided an opportunity to focus in detail on specific issues particularly around barriers, impediments and implementation processes. The interviews were either face to face or by phone.

Reconciliation Day Public Holiday Elton Consulting 9

The following section details the outcome of the consultation. In total 94 submissions were received either in response to the letter from the Minister for Aboriginal and Torres Strait Islander Affairs or from the first Time to Talk posting (approach 1 requesting written submissions). The second approach on Time to Talk required individuals to respond to an online survey. In total 150 people responded. However there were not 150 responses to all questions as some people elected to skip some questions. The public forum attracted 25 participants. The focus groups were typically small – ranging from one person to six. Given that many of the proposed attendees had made written submissions as well this low number was not unexpected. Six interviews were held with key stakeholders.Most of the engagement activities addressed the same core questions related to support for the proposed Reconciliation Day Public holiday, which of the existing public holidays should be replaced and when Reconciliation Day public holiday should be held. The face-to-face sessions (i.e. the public forums, the focus groups and the interviews) also looked at other issues such as how the day should be implemented. Some of the written submissions also addressed these broader issues.

1.11 Support for the proposed Reconciliation Day Public Holiday.

1.11.1 Support for the proposalOverwhelmingly people who participated in the engagement process supported the proposal to establish a Reconciliation Day public holiday in the ACT. Table 1 details the quantitative feedback gained through the review of the submissions, the online survey and the feedback posters used at the public forum and CIT Reid and Bruce where people were asked to ‘vote’.

Table 1: Support for the proposal

Engagement

Support

Don’t Support

Unsure

Submissions (N = 94)

70 14 10

Online survey (N=150)

106 42 N/A

Public Forum

19 - -

CIT Reid 19 - 3

CIT Bruce 30 5 1

There was some discussion at both the public forum and in the focus groups as to whether or not the day should be called Reconciliation Day or another name be found for the celebration. When questioned on a possible alternate name there were no

10 Reconciliation Day Public Holiday Elton Consulting

4 Outcomes

strong recommendations although Unity Day was suggested a number of times. This issue was also raised in a number of submissions:

I suggest that the proposed public holiday is about reconciliation in spirit, but not in name. The word Reconciliation (with a capital letter) is controversial and likely to create a division in the community. My recommendation for the new public holiday is that it is called NAIDOC Day (which recognises Indigenous Australians and enhances reconciliation and

which might actually generate some level appreciation from those Australians who have a tendency to be racist.

I would welcome a national day of celebration of Australia’s aboriginal people but I wonder if calling it Reconciliation Day is premature

There was also a suggestion that instead of Reconciliation Day the day of the celebration should be held on and named Mabo Day. This proposal was not universally supported by attendees at engagement events for a range of reasons. While the significant achievements of Eddie Mabo and the importance of the High Court of Australia’s landmark Mabo decision in 1992 was noted some participants felt that this day was more closely linked to Torres Strait Islanders than to the wider Indigenous community.

The submission received from Reconciliation Australia highlighted another perspective: Evidence from Reconciliation Australia’s Australian Reconciliation Barometer also shows that 53 per cent of the general population and 74 per cent of First Australians are in favour of making Mabo Day (June 3) a day of national significance.1 These statistics indicate that the community would most likely be accepting of a public holiday valuing Aboriginal and

Torres Strait Islander cultures and history.

The majority of the people who responded in the positive demonstrate an awareness of what Reconciliation means in this context (i.e. bringing together Aboriginal people and Torres Strait Islanders and other Australians) and what the Reconciliation movement is trying to achieve. The following quotes from submissions and the online survey demonstrate this.

The idea of a Reconciliation Day public holiday is excellent. It would provide the opportunity for all our communities to come together and take the time to reflect grow and learn from the struggles and strengths of Aboriginal and

Torres Strait Islander peoples.

Having a Reconciliation Day public holiday would be a sign of the maturity of our community, to celebrate and to acknowledge the respect we want to achieve both now and into the future. It would give us time to reflect on what has been, acknowledge the history and find unity in moving forward.

The day would be an opportunity to embody values that are important to the wider Australian community and that are significant to the journey of reconciliation;

particularly the relationship between Aboriginal and Torres Strait Islander and non-Indigenous Australians, respect for all Aboriginal and Torres Strait Islander cultures,

and unity. Reconciliation Australia

As a non-Indigenous Canberran, I feel that the concept of a Reconciliation Day will bring greater awareness to an area that is too often overlooked by the broader community, and can help bring both Indigenous and non-Indigenous Australians even closer together.

This would be a great vehicle to raise awareness of how much we all value reconciliation, and would build understanding. Reconciliation needs to be seen as a journey that has a clear destination, one that gains strength and momentum each


year. This holiday can be a celebration of what we have achieved as well as recognition of what we still want to do. It should not be talked about as a destination

that we have arrived to and so stops; we need to reflect as a community on what has been, where we are and where we want to be.

Measures such as this proposal that value and recognise Aboriginal and Torres Strait Islander cultures and heritage as a proud part of a shared national identity, are unifying, and work to advance reconciliation in our nation.

On behalf of the youth in our state I think that would be a brilliant idea. I am 16 years old, I feel as though sometimes there is a barrier between aboriginal/torres strait

Islanders and white Australians. In my eyes I see reconciliation day as a day where we could break that barrier and acknowledge our differences and cultures. A day where us

white Australians could experience their culture, hear their stories passed down generations. A day where we can be fellow human beings. I see so much racism to this

day and it hurts to know that the colour of someone’s skin can affect how they're treated.

A day like this will enable us to reflect on what has been done and what needs to be done to improve the way Aboriginal and Torres Strait Islander people are treated in this country. It will enable a reduction in prejudice and discrimination through increased public awareness of the difficulties that they face based on their heritage, culture and identity. This is also particularly important as we move towards the referendum for recognition, and it will allow for discussion on this sort of topic.

Let us have a meaningful day for a holiday, a day that celebrates our first nations peoples and emphasizes unity and reconciliation, a value we need to embrace if we

are to progress as a nation.

1.11.2 Opposed to the proposalWith the exception of five individuals who did not support the proposed Reconciliation Day public holiday at the CIT Bruce intercept survey the majority of opposition was in the form of submissions and from the online survey. From the quantitative data available (table 1) 61 responses opposed the proposal compared with 244 responses in favour of the proposal.

There were a number of objections to the proposal raised. The first, cited by two focus groups participants related to the concept of reconciliation and what was being reconciled. They questioned what was being reconciled and by whom. This highlighted the need for education and awareness raising on the issue of recognition and what it means for both Aboriginal and Torres Strait Islanders and the broader community. It also relates back to the question of whether Reconciliation was the appropriate term to use or whether another name for the celebration of Aboriginal and Torres Strait Islander cultures and history and the desire for greater unity.

A number of objections related to the proposal that the Reconciliation Day public holiday could replace the Queen’s Birthday public holiday. Many submissions supported the proposal for a Reconciliation Day public holiday and a Queen’s Birthday public holiday. However a number condemned the proposal to remove the Queen’s Birthday but made comment on the proposal for a Reconciliation Day public holiday.

Under no circumstances should the Queen’s birthday public holiday be done away with - this would be insulting and highly offensive given that the

Queen is still the head of state and deserves to have a public holiday held in her honour to recognise her significance to the history of our nation - to

remove this public holiday is republicanism by stealth

Some submissions raised objections believing that the proposal was tokenistic.


Whilst the sentiment is positive, I find the idea tokenistic. “Repurposing” an existing holiday would be more likely to divide the ACT then unite or indeed reconcile. Should we become a Republic, let’s change the Queen’s birthday to a date closer to Reconciliation week for such a holiday.

I am against this proposal unless a new public holiday agreed, not simply renaming an existing public holiday. If Australia has reached a stage where we value reconciliation then we need to demonstrate it by declaring a new public holiday dedicated to it, not simply repackaging an existing one in a tokenistic gesture and implicitly saying that

reconciliation comes second to the needs of business and toil.This proposal is simply lip service.

Other submissions were opposed to the concept of reconciliation or the need for a special day for reconciliation:

I don't believe that a small percentage of the population who were allegedly wronged by previous government policies deserve their own holiday. There are many others in contemporary Australian society who have been wronged and would be equally deserving of similar recognition.

This is a highly divisive issue.

What is being proposed is an insult and a mockery of our history. Atrocities have occurred on this land as they have occurred elsewhere in the world but we should stop dragging up the past and dwelling on the ‘victim’ status. Instead, we have to move on.

To reconcile means to work together to rebuild what was broken and not patronise those of us who have pride in our ability to be decent, responsible and independent

individuals. Besides, our country cannot afford another public holiday.

We don’t not need the country to proclaim a special day that serves as a gratuitous act of contrition. I would be more pleased if we stopped promoting segregation.

I don't believe there exists a requirement to have a special day dedicated to 'Reconciliation' Day at all. Maybe we should have a 'Immigrant day' to celebrate the

contributions of all Australians, after all, Aboriginal and Torres Strait Islanders were just the first Immigrants.... A Reconciliation Day just emphasis's the differences that exist

within our community rather than celebrate what ties our community together.

I do not believe the vast majority of Australians (regardless whether they were surveyed) fully supported the concept of the ongoing and ever expanding reconciliation debate. Whilst there seems to be a general agreement and acknowledgment it was the right thing to do, it’s been done and being constantly in the public’s face forces a highly political agenda on a general public.

We are pandering to a small amount of the population (2.4%) – note that effectively according to the census – 27% of Australians were born overseas – and there are much higher proportions of British or Asian peoples who could similarly have a national day.

Fewer than 1.5% of ACT's population is indigenous Australian. An even lower % is from tribes actually indigenous to the ACT region. Why do we need a special holiday for something only of relevant to them, and only those of them who refuse to accept Rudd's apology, take charge of their own lives, and move forward? I have no objection to an additional public holiday, but see no need or purpose in a special 'Reconciliation Day' holiday. Should the government decide to implement one even so, then the equally meaningless 'Family and community Day' is a good one to rename. But it is completely unacceptable to rename or move the Queen's birthday holiday. That is an even more important day than Australia Day. Proposing to change that to some ethnically-based politically correct holiday is seditious and treasonous


1.12 Which of the existing public holidays should be replaced by the proposed Reconciliation Day Public Holiday?

There are two types of public holidays in Australia - national public holidays that everyone celebrates and other public holidays which are individually declared by the state and territory governments such as Queen's Birthday and Labour Day. In the ACT, the Territory declared public holidays are Canberra Day, the Queen’s Birthday and Family and Community Day. Canberra Day celebrate the naming ceremony of Australia’s capital which took place on 12 March 1913.

The two existing public holidays suggested for replacement as part of the consultation were the Queen’s Birthday Public Holiday and the Family and Community Day. Table 2 outlines the quantitative results via ‘voting’ and submissions.


Table 2 Preferred existing public holiday to be replaced

Engagement Replace Queens Birthday Public Holiday

Replace Family and Community Day Public Holiday

Replace neither of the suggested dates

Other Comments

Submissions 11 30 1 4 Other suggested dates included Sunday of the Queen’s Birthday long

weekend A time agreed by the Indigenous Elected

Committee New date - one that will spread the public

holidays throughout the year Day after Australia Day rename Australia Day and move date Not to coincide with Reconciliation week Between Christmas and New Year.

Online Survey 46 34 25 25 Other suggested dates included: New public holiday – don’t replace

anything Replace Australia Day/Invasion Day Sorry Day Labour Day Ask Indigenous people for the best date


While the data detailed in table 2 does not provide a definite answer to which of the existing public holidays should be replaced (57 supporting the replacement of the Queen’s Birthday public holiday and 64 supporting replacement of the Family and Community Day public holiday) the submissions (including those online) and the feedback at the public forum and focus groups demonstrated that replacing the Family and Community Day public holiday was the preferred options.

1.12.1 Family and Community Day Public Holiday Three submissions including one from Unions ACT and another from the Shop Distributive and Allied Employees' Association (SDA) did not support replacing Family and Community Day with a Reconciliation Public Holiday.

It is our strong view that, given the historic link between Family and Community Day and the labour movement, that this public holiday should not be renamed. (unionsACT)

For workers in seven day industries such as retail and fast food, life has become increasingly busier. The retaining of shared time for these workers to be able

to stop and come together remains very important. Also important is keeping the meaning of this day in the front and center of public consciousness. The reason for the

public holiday is about shared family and community time. If the name was changed, this link would be lost. (SDA)

The Family and Community Day is just that - a Family and Community Day. It can be celebrated however one, a group or a nationality chooses to celebrate the public holiday. Why must this holiday be changed to a name that only symbolises Aboriginal and Torres Strait Islanders. Change that public holiday and we will then have every other nationality in Australia wanting their own public holiday to celebrate - when will work actually be completed in this country if there are public holidays for each nationality.The focus groups, interviews and the public forum all generally expressed support for replacing the Family and Community Day public holiday. It was generally felt to be less divisive than replacing the Queen’s birthday public holiday and that there was alignment with some of the ideals of both days. Some of the submissions summed up the feedback particularly well:

Reconciliation Australia views Family and Community Day as the optimal public holiday to replace. Given that the Family and Community Day public holiday is a day for people to spend with their family and friends, there is little reason why these values cannot still be embraced under a

Reconciliation Day, with the addition of enhancing unity and reconciliation within the community.

I would love to see Family and Community Day renamed Reconciliation Day. Every day is or should be family and community day

1.12.2 Queens Birthday Public Holiday Feedback related to the proposal to replace the Queen’s Birthday split roughly into two groups – those that supported the proposal and those that opposed it. Those that supported it typically could not see the relevance of the holiday to modern Australia, whilst those that opposed considered it divisive.

Feedback supporting the concept of replacing the Queen’s Birthday Public Holiday included:


In my view, replacing the Queen's Birthday public holiday is the best option for the ACT, as the current public holiday has lost its significance in the eyes of modern Canberrans. This is particularly true, as Canberrans voted overwhelmingly in favour of a republic in the 1999 referendum.

I know some Australians will disagree with me, but I do not believe many Australians really care about the Queen's Birthday and only view it as a day off. I also think in this

day and age it is not appropriate as it harks back to the British Empire and the invasion of Australia, something that does divide us, and works against true

reconciliation.

Feedback opposing the concept of replacing the Queen’s Birthday Public Holiday included:

If it is seen to the public as Indigenous people pushing to rename the Queen’s Birthday Public Holiday to become a permanent Reconciliation Day commencing in 2017, my view is that there would be a backlash and even ill-will towards Indigenous peoples that the whole move would set back the reconciliation process in the ACT further than we would want it to at this

stage.

While it is arguable that Australians no longer engage with what the Queen’s Birthday public holiday typically represents, removing the Queen’s Birthday public holiday also

has the potential to polarise the community, particularly with those in support of the monarchy. This result would be at odds with the purpose of Reconciliation Day; to

achieve greater unity.

There is no need to create side issues that detract from the core purpose by inadvertently annoying monarchists.

Taking the Queen’s Birthday away would be a divisive and inappropriate step, unnecessarily and inevitably injecting the republic debate into the reconciliation

process.

Do not agree with it replacing the celebration of the Queen’s Birthday for multiple reasons, not least being the disrespect to our present long serving monarch; the fact that we are not (yet) a republic, and that this is (except for WA) a National holiday. The appropriate time to abandon recognising the Monarch’s birthday through a Public Holiday is when we become a Republic (Republic Day in lieu?) or at the very least, not until the present Monarch concludes her reign.

Although the ACT Government might be happy to dump the Queen’s Birthday holiday in favour of Reconciliation Day, this will not resonate well with those who see some

historical desirability or at least sensitivity in retaining it for the time being. This should not be used as an excuse to dump the Queen. A celebration of Australia’s

aboriginal heritage should not be tarnished by association with other agendas.

I think to have Reconciliation Day instead of the Queen’s birthday could be counterproductive regarding the historical and cultural messages that this would create. It is not a choice about republic verses monarchy rather it is about embracing the whole of Australia’s history which includes colonialism with the monarchy and reconciliation for all Australians

The Australian Monarchist League condemns the ACT Government’s proposal to abolish the Queen’s Birthday public holiday. We do not oppose the creation of

Reconciliation Day. …….The Australian Monarchist League also rejects the proposal to celebrate Queen’s Birthday and Reconciliation on the same day. This proposal would


diminish both celebrations and cause division in the community…..It is disappointing that the ACT Government is attempting to push its divisive republican agenda in the name of Reconciliation, which is an important issue to all of us and should be above such political maneuvering. Canberrans should not be told that they have to choose between the Crown and Reconciliation. It would be tragic if, as a direct result of the

government’s ideological closed-mindedness, Reconciliation Day ceremonies were to be interrupted by protests calling for proper acknowledgement of our monarchy.

It is particularly disappointing that the government is attempting to push its ideological republican agenda in the name of Reconciliation. All Territorians are equal Under the Crown, attempts to marginalise the monarchy will divide and diminish us. Many Australians, both Indigenous and non-Indigenous, are suspicious of anything labelled “Reconciliation”. Although they support a united Australia in which all races are equal, they fear that the word “Reconciliation” is often appropriated to advance an extreme, divisive, leftist agenda. The Government’s proposal that Reconciliation Day replace the Queen’s Birthday will confirm these suspicions. Many Canberrans will reject Reconciliation Day because it displaced the Queen’s Birthday, and this will harm support for Reconciliation itself. This proposal cannot unite Canberrans. Does the Government really want its Reconciliation Day ceremonies interrupted by protesters? This is what it is asking for when it links Reconciliation with republicanism.

1.12.3 Other suggested daysA number of submissions and participants in the focus groups and interviews suggested that other public holidays be replaced or that a new public holiday altogether be created. There were two schools of thoughts from people suggesting a new holiday. One school of thought wanted an additional holiday in the latter half of the year for the sake of better spacing of public holidays. The other school of thought suggested an additional day for the symbolism.

Changing a national holiday into a state holiday and renaming it is not honouring that existing public holiday, nor is it honouring the new public holiday. The ACT Government should be making a stand and leading the way for the federal government and other state and territory governments

to create a public holiday marking Reconciliation week or NAIDOC week on a NEW day and adding it to the existing public holidays in the country. It would also cement the concept in people's pschy as a reconciliation day and not the replacement day.

We are a Commonwealth country and replacing the Queen’s birthday would be unconstitutional and disrespect the ancestral background of many Canberrans. If you want to highlight reconciliation then it would have more meaning to have its own new

day and not replace one that we already have and enjoy.

A number of people in the focus groups, in interviews or submission made suggestions regarding the replacement of Australia Day or celebrating Reconciliation Day the day after Australia Day.

If we are serious about reconciliation, a powerful first step would be to stop celebrating the 'birth' of Australia on what is Invasion Day. We could have Reconciliation Day on that date (Jan 26), or not have Australia Day (Jan 26) as a public holiday in the ACT.

Alternatively (& controversially) it would be even more of a lovely gesture to create reconciliation day the day after Australia day on January 27 - as a remembrance of our

aboriginal history & to pay respect to the idea of a Sorry Day for them, being January 26....


1.13 Preferred date for the Reconciliation Day Public Holiday

Most participants in the engagement process commented on the proposal to have a Reconciliation Day Public Holiday. Significantly fewer provided thoughts on which would be the most appropriate day to hold the Public Holiday (table 3). For example, despite receiving nearly 100 written submissions only 15 commented on a possible date. The online survey had a higher response rate with the majority (27.3%) supporting the first Monday in Reconciliation Week followed by other (14.4% which was typically not to have the public holiday at all) and it should be an additional public holiday (13.7%).

The results of the intercept surveys were inconsistent with the public forum supporting the first Monday of Reconciliation Week and CIT Bruce and Reid supporting Family and Community Day.


Table 3 Date for the proposed Reconciliation Day Public Holiday.

Engagement

Firs

t M

onda

y in

Re

conc

iliat

ion

Day

Dat

e of

the

Re

fere

ndum

(27

M

ay)

Mab

o D

ay (

3 Ju

ne)

NAI

DO

C W

eek

Fam

ily a

nd

Com

mun

ity

Day

Que

ens

Birt

hday

Anni

vers

ary

of t

he

Apol

ogy

Other

Submissions 7 1 3 4Online survey 38 9 13 17 Other suggested dates include

Jointly with Family and Community Day (7)

Jointly with Queens Birthday (2) Additional Public Holiday (19) One more relevant to the

significance of the holiday (14) Other – Sorry Day, replace Australia

Day

Public Forum 11 1 2 Other suggested dates include: Existing Family and Community Day

(2)CIT Reid 4 1 8

CIT Bruce 2 2 8 9 3 7


There was also no consensus on a preferred date in the focus groups or the interviews. It was generally agreed that the day needed to have a strong link to something that is culturally or historically significant. In relation to a culturally significant day a number of the interviewees suggested that this may be problematic on a number of fronts. The first being that a culturally significant day for the Ngunnawa/Ngambi may be difficult to identify, secondly that given the “broad church” of Aboriginal and Torres Strait Islander Peoples in Canberra that a Ngunnawa/Ngambi specific day may not be appropriate and finally that this may also constrain the roll out of Reconciliation Day nationally. For a historically significant day the date of the 2067 Referendum (or the first Monday thereafter) was considered by many to be an appropriate day. Others though that this was not an appropriate day for the celebration as “little has been achieved since the Referendum. In fact things are going backwards”.

I recommend against permanently holding the new public holiday on the last Monday of May (although it might be appropriate for 2017). Adding a public holiday to May just adds to the concentration of public holidays in the 1st five months of the year. In addition, most people don’t actually understand what

was achieved in the 1967 referendum and, for some Indigenous people, the powers granted to the Australian Government as a result of the referendum might bring pain.

Mabo Day, as discussed previously, was supported by some and rejected by others. A day during NAIDOC week also widely discussed. Many participants in the engagement activity thought that it would be appropriate to hold the public holiday celebration during this week for example making Family Day more encompassing. Other participants indicated that they didn’t think that this was an appropriate time as the broader community thinks it is a celebration for the Aboriginal and Torres Strait Islander community only. It was also emphasized that this week was already very busy with activities and that many community members travelled out of town for the NAIDOC week ball. The financial impact on Aboriginal and Torres Strait Islander artists and businesses was also highlighted. Many artists and businesses were heavily booked at schools and community events and would potentially lose a day of trade if a long weekend occurred in NAIDOC Week. Other days that were highlighted as possible days for the celebration included International Day of the World's Indigenous Peoples (9 August).

1.14 Implementation issues. Participants at the focus groups and people who responded to the on line survey were asked if they thought that the proposed Reconciliation Day should be piloted or made permanent from 2017. On the online survey there was equal support for making the public holiday permanent or just trailing it. The focus groups emphasised the need to “get it right” and not rush things noting that it was important that the day be on “the right date, at the right time and with the right name”. Reconciliation Australia’s also addressed this issue.

Reconciliation Australia acknowledges the significance of establishing Reconciliation Day in 2017, being the 50th Anniversary of the 1967 referendum. It is felt, however, that the need for thorough consultation with the community should be prioritised ahead of meeting any specific deadline.

The process to establish Reconciliation Day has the potential to create division if the


http://www.un.org/en/events/indigenousday/

views of both Aboriginal and Torres Strait Islander and non-Indigenous community members are not meaningfully engaged with and considered. Done well, there is the potential to generate greater unity as a process of reconciliation itself.

The public forum, focus groups and many of the submissions provided feedback on how the Reconciliation Day Public Holiday could be celebrated. It is important to note that all participants felt that it was important that the day be a celebration of the diverse cultures and contributions of Aboriginal and Torres Strait Islander people rather than linked to a day that marks some of the negative aspects of history (e.g. the Apology, Sorry Day). The importance of events was highlighted.

Public holidays provide a very clear, Government sanctioned message on the importance we as a nation place on an event. Associated with that event are

public celebrations that encourage and provide great opportunities for community involvement and understanding what the event is about. This

would be a great opportunity to engage the whole community in the reconciliation journey and encourage community events across Canberra.

It would be important for events to target respect and relationships across the Territory so that it didn’t become just another holiday that no-one really understands.

If this is to happen the day should not lose focus and be just another public holiday. It should include community events/celebrations not only to mark the 50th anniversary of

the Referendum but to also share Aboriginal and Torres Strait Islander cultures. A day where the Canberra community can gather and learn more about historical and life

changing events such as the Referendum. Canberra has so much to offer in the way of art galleries, museums, libraries and theatres. They contain so much history and information

that should be shared with everyone. Events could be held at any one, or all, of these places that celebrate the true essence of reconciliation. A market place could be set up

show casing Aboriginal and Torres Strait Islander artists, musicians, story tellers, dancers, foods and so much more.

The focus groups and a number of the submissions spoke about the organisation of events to mark the Reconciliation Day Public Holiday. Each of the focus groups thought that it was important that a Council involving representatives of the Aboriginal and Torres Strait Islander communities and the broader community was required to ensure that Reconciliation Day was more than just an extra day off but an opportunity for community involvement, reflection and a show case for Aboriginal and Torres Strait Islander culture.

It is important that the non-Indigenous community is seen to be organising some of these smaller activities as well as the Indigenous community where there is already usually a large gathering of Indigenous people (families and kids) and a few non-Indigenous people attending. We need to get that message across to the whole of the ACT communities.

In keeping with the ACT Governments ACT Aboriginal and Torres Strait Islander Agreement 2015- 2018, the ACT Government should ensure wherever possible that indigenous members of the local community take the lead roles in designing programs, events, and activities for the proposed Reconciliation Day.

The focus groups also highlighted the need for an awareness raising campaign in the lead up to the Reconciliation Day (and ongoing). Review of many of the submissions and the responses to the online survey confirm the requirements for an awareness raising campaign. Many submissions revealed that the general population did not fully understand Reconciliation. Reconciliation Australia in their submission also highlighted that many people do not know what to do to support reconciliation:


Given that most Australians want to do more to support reconciliation but don’t know how, a public education campaign supporting Reconciliation Day would be an ideal tool to promote substantial activities of reconciliation that the public may engage with on the public holiday.

1.15 Summary of outcomes of the engagement process

The following provides a high level summary of the outcomes of the engagement process:» Overwhelmingly there has been support for a Reconciliation Day public holiday. Those

not in support typically:» Saw this as an attack on the monarchy and republicanism by stealth» Didn’t understand that this was a celebration for all Australian’s not just the Aboriginal

and Torres Strait Islander community» Were just outright racist» There was some dissension about whether this should be Reconciliation Day, Mabo

Day or a different name all together e.g. Unity Day. Some felt that the name Reconciliation was divisive, or wasn’t future looking enough.

» With the exception of the unions (unions ACT and SDA) people supported the replacement of Family and Community Day – either because the symbolism was linked or because the holiday is perceived as being meaningless.

» The majority of people rejected the suggestion that it replace the Queen’s Birthday public holiday (although many noted that this wasn’t a really relevant holiday in contemporary Australia) either because it was

» perceived to be premature – wait till we are a republic» thought to be divisive» considered to be an attack on the Monarchy, disrespectful and even seditious and

treasonous » considered this to be an ACT labour government republican movement.» There was no overwhelming favourite day for the public holiday. However the majority

felt that it should be associated with something culturally or historically significant» Monday of Reconciliation Week probably is the most supported» NAIDOC week also had a fair amount of support (but there are issues associated with

the financial impact on Indigenous artists and businesses)» Some support for Mabo Day – including the Reconciliation Australia submission which

highlights national research outcomes» There was some calls for better spacing of the public holidays» No clear consensus on whether this should be piloted in 2017 or made permanent.

There were concerns raised that the initiative shouldn’t be rushed and it would be better to delay and get it right that rush it and deliver a poor outcome

» General feeling that the day should be a celebration and a cultural showcase – almost an equivalent of the Australia Day events. Should celebrate all Aboriginal and Torres Strait Islander cultures not just the Ngunnawal given the broad church of cultures in the ACT


» A council should be established to coordinate the implementation, arrange the events etc. This should be led by the Indigenous community but include broader community representatives

» There is a need for awareness raising in the lead up to (and ongoing) the first Reconciliation Day Public Holiday – This is very evident when reviewing the submissions. There does not appear to be good understanding about what Reconciliation is about – who it is about etc.

Based on the outcomes of the engagement process the following recommendations are made:» That a Reconciliation Day Public Holiday be trialled in the ACT in 2017.» That the 2017 Holiday be held on the first Monday of Reconciliation Week (29 May

2017) to mark the 50th anniversary of the Referendum.» That the Reconciliation Day Public Holiday replaces Family and Community Day Public

Holiday.» That an evaluation of the trial be undertaken before a decision is made on the ongoing

status of the Reconciliation Day Public Holiday. This evaluation should include additional consultation with the Aboriginal and Torres Strait Islander and broader community as it is important that the celebration is held “on the right date, at the right time with the right name”.

» That a Council involving Aboriginal and Torres Strait Islander and broader community representatives is established as soon as possible to arrange events for the Reconciliation Day Public Holiday and that an appropriate budget allocation be made to ensure the success of these events.

» That an awareness raising campaign commences as soon as possible to ensure that people are aware of the change of public holidays and more importantly aware that Reconciliation is about the entire community not just a day for the Aboriginal and Torres Strait Islander community.


5 Recommendations

AppendicesA Ministers correspondenceB Time to Talk textC Online surveyD Survey posters


Consultation periodBegins: Thu 9th Jun, 2016 3:00 pmEnds: Fri 8th Jul, 2016 12:00 pmStatus: Open Closes in 3 days The Government is seeking your views on replacing the Family and Community Day or the Queen’s Birthday with a permanent Reconciliation Day to commence in 2017.The ACT Government is well advanced on its journey to Reconciliation, seeking to work in partnership with all the diverse elements of the Canberra community to deliver its Social Inclusion and Equality Program. The ACT Government seeks to find practical paths to Reconciliation, to work more closely with Aboriginal and Torres Strait Islander people to achieve more equitable outcomes, and celebrate their diverse cultures and contributions to the life of the capital.This impetus has found practical expression through the recently signed ACT Aboriginal and Torres Strait Islander Agreement 2015-2018 and the ACT Aboriginal and Torres Strait Islander Justice Partnership 2015-2018.In 2015, the Chief Minister, the then Minister for Aboriginal and Torres Strait Islander Affairs, the Head of Service and the previous Chair of the Aboriginal and Torres Strait Islander Elected Body, signed the ACT Aboriginal and Torres Strait Islander Agreement which commits all parties to promoting an empowered, resilient community with increasing control over its future.In 2016 we now have in place changes to the ACT’s human rights legislation that bring about small but significant enhancements to the protection of Aboriginal and Torres Strait Islander cultural rights; rights acknowledged most importantly in the material and economic relationships that Aboriginal and Torres Strait Islander people have with land, waters and other resources.These legislative changes arose from the 2014 review of the Human Rights Act 2004 and consultation with the Human Rights Commissioner and the Elected Body.Reconciliation is about building better relationships between the wider Australian community and Aboriginal and Torres Strait Islander peoples for the benefit of all Australians. Reconciliation is not simply about improved services and economic independence. Reconciliation promotes political unity, helping all Australians to feel connected to tens of thousands of years of life and culture on this county.Commencement of a Reconciliation Day in 2017, being the 50th Anniversary of the 1967 referendum, will be of significance to the all Australians. The proposed date in 2017 for the new Reconciliation Day could be Monday 29 May 2017.The Government proposes to pursue a permanent change to the ACT’s current public holiday regime to better recognise Reconciliation.


A Ministers correspondence

B Time to Talk text

The Government believes this approach will align contemporary Australian by demonstrating that the Australian Capital Territory is committed to acknowledging Aboriginal and Torres Strait Islander peoples through the reconciliation process.Views and comments would be appreciated by 1st July 2016 and may be submitted in writing to:Mr Brian WilsonCommunity Services DirectorateOffice for Aboriginal and Torres Strait Islander AffairsGPO Box 158CANBERRA ACT 2601Or by email to: [email protected] more information on having your say about Reconciliation Day, visit www.communityservices.act.gov.au or email [email protected] Consultations in this Directorate: Community Services



C Online survey


D Survey posters

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