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Our approach

Our commitment to building the Aboriginal and Torres Strait Islander community-controlled sector

DCJ is committed to building and strengthening services to Aboriginal peoples and communities, and to having those services delivered by Aboriginal Community-Controlled Organisations (ACCOs).

The NSW Government is a signatory to the National Agreement for Closing the Gap (the National Agreement), which was released in July 2020. The National Agreement represents a commitment to shared decision-making as a fundamentally new way of working in partnership with Aboriginal and Torres Strait Islander people.

The National Agreement was endorsed by state and territory jurisdictions as well as the National Voice for our Children (SNAICC).

At the centre of the National Agreement are priority reforms that focus on changing the way governments work with Aboriginal and Torres Strait Islander people. One key priority is building the Aboriginal and Torres Strait Islander community-controlled sector.

As an agency involved in commissioning, procuring and contracting Aboriginal services, and to support our commitment to grow investment in ACCOs, this requires a clear understanding of what constitutes an ACCO.

How an ACCO is defined

Clause 44 of the National Agreement on Closing the Gap sets the definition of an ACCO.

Clause 44 states that:

Aboriginal and Torres Strait Islander community control is an act of self-determination. Under this Agreement, an Aboriginal and/or Torres Strait Islander Community-Controlled Organisation delivers services, including land and resource management that builds the strength and empowerment of Aboriginal and Torres Strait Islander communities and people and is:

  1. incorporated under relevant legislation and not-for-profit
  2. controlled and operated by Aboriginal and/or Torres Strait Islander people
  3. connected to the community, or communities, in which they deliver the services
  4. governed by a majority Aboriginal and/or Torres Strait Islander governing body.

How we determine if an Aboriginal organisation is an ACCO

The ACCO assessment and evidence guide is used to determine if an Aboriginal organisation meets the criteria for an ACCO.

If an organisation doesn’t meet all the criteria, we’ll count them as an ‘Aboriginal provider’.

So there’s a tiered structure whereby we count Aboriginal organisations as either:

  • an Aboriginal Community-Controlled Organisation
  • an Aboriginal provider

Reporting on ACCOs and related funding

DCJ is required to report ACCO funding and service delivery for the purposes of tracking against measures for Closing the Gap and Aboriginal Outcomes.

Assessment and evidence guide

The Department of Communities and Justice uses this guide to determine whether an Aboriginal organisation meets the criteria to be identified as an Aboriginal Community-Controlled Organisation. The criteria are based on Clause 44 of the National Agreement on Closing the Gap. The National Agreement was endorsed by state and territory jurisdictions and the National Voice for our Children (SNAICC).


On this page:

Criterion 1. The organisation is incorporated under relevant legislation and is not-for-profit

Criterion 2. The organisation is controlled and operated by Aboriginal and/or Torres Strait Islander people

Criterion 3. The organisation is connected to the community, or communities, in which they deliver the services

Criterion 4. The organisation is governed by a majority Aboriginal and/or Torres Strait Islander governing body


Criterion 1. The organisation is incorporated under relevant legislation and is not-for-profit

Verification requiredEvidenceNotes

Incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (the CATSI Act)

OR

Is an Aboriginal Land Council in NSW

Mandatory:

  • Has the relevant Certificate of    Incorporation, or is an Aboriginal Land Council in NSW.

Desirable:

The Corporations Act 2001 (Cth) states an Aboriginal and Torres Strait Islander corporation means a corporation registered under the CATSI Act.

ORIC is an independent statutory office holder which administers the CATSI Act. ORIC supports and regulates corporations by ensuring compliance with the law.

Not-for-profit status

Mandatory:

To be recognised as a community service, as required by DCJ, the provider must be registered with the ACNC.

Criterion 2. The organisation is controlled and operated by Aboriginal and/or Torres Strait Islander people

Verification requiredEvidenceNotes
  • Aboriginal and/or Torres Strait Islander membership
  • Operated by Aboriginal and/or Torres Strait Islander peoples
  • Requirements for membership and eligibility rules comply with CATSI Act 2006, or is an Aboriginal Land Council in NSW

Mandatory:

Organisations registered with ORIC or that are a known Aboriginal Land Council in NSW automatically meet criterion 2.

Criterion 3. The organisation is connected to the community, or communities, in which they deliver the services

Verification requiredEvidenceNotes
  • Dedicated, reliable and consistent approach designed to suit the types of services required by communities, responsive to the needs of those receiving the services, and to be developed in consultation with the relevant body
  • Services and activities address the needs of local communities

Business plans and annual service plan reflect program requirements.

Mechanisms are in place to capture community needs such as surveys, consultation and meetings.

The organisation’s annual work plan and annual report may be used to verify services and activities are linked to community need.

Criterion 4. The organisation is governed by a majority Aboriginal and/or Torres Strait Islander governing body

Verification requiredEvidenceNotes
Majority Aboriginal and/or Torres Strait Islander governing body

Mandatory:

  • Sighted the organisation’s Constitution, Articles or Memorandum of the Aboriginal board of governance (over 50% control).
Organisations registered with ORIC or that are a known Aboriginal Land Council automatically meet criterion 4.
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Last updated: 27 Oct 2023