When one looks at the strength of the ATSIC, the focus is on the fact that it had a broad legislative mandate (Fred Chaney 1998). On the basis of this, it had the power to formulate and implement a number of programs. It was also able to ensure that the culture was maintained, and could give advice to the minister, including looking into the working of various committees and also ensure that the effectiveness of the programs was upheld in the long term working of the administration in the system.
The functions of the ATSIC have been so established that they can adapt their mandate to its full effect and adapt to the various cultural needs of the society (Larissa Behrendt 2003). The policies that were developed by the ATSIC, with the help of its legislative objectives were aimed at ensuring that there was maximum participation of all the sections of the society including the aboriginal members of the population of the country. As has been specified in the mandate of the ATSIC the ‘furtherance of the economic, social and cultural development’ and the ‘coordination in the formulation and implementation of policies without detracting from the responsibilities of governments’ was the main objectives that it needs to be achieved (Larissa Behrendt 2003).
Role and working of the ATSIC The main role that the ATSIC was asked to perform was to ensure that the participation of the Aboriginal and Torres Strait Islander in the working of the society. The main role of the ATSIC is to ensure that the policies of the government were upheld among the Aboriginal population, and ensure that the various programs were developed and implemented in the society so that the overall policies of the government can be implemented in an effective manner (Michelle Grattan 2004).
The role of ATSIC does not include the federal indigenous programs and is not responsible for their functioning and implementation. It does not have any main fiscal responsibility, and its main functions mainly included only the supplementary responsibility for the social issues such as housing and domestic violence, whereas it has no responsibility towards education and it also lost it jurisdiction over health in the year 1995. Another role of the ATSIC which helped ensure that it could add to the democratic institution of the country is that it has the capacity to ensure engagement with the government at the national level lowing for greater articulation of the needs of the people at the national level.
The dual role provided ATSIC with a legitimate role in determining the direction and priorities in respect of Commonwealth policy, albeit within fairly tight constraints (Meaghan Shaw 2004). The ATSIC legislation also looks into the regional councils that work in the regional level of the society, so that they can work in an effective manner, and also it advises and cooperates with the regional plans so that the programs could be effectively managed (Misha Schubert 2004, 18th April). These powers and functions provided a governance structure at the regional level that served as an important source of advice on policy and priorities at the national level to assist with the allocation of resources and participation in decision-making processes.
ATSIC’s weaknesses There are some highly ineffective problems that are in place with the structure of the ATSIC due to which there is greater problems in carrying out its exercises and meeting its aims in the long term. The most significant problem that was faced by the ATSIC when working was that it did not have executive authority due to which it could not challenge the working of the government in an effective manner, in case of any discrepancies between the two. When one looks at the mandate of the ATSIC (Misha Schubert 2004, 16th April), it is observed that it has the powers to ensure that the various agencies are working in an effective manner, and also ensure that the various programs were implemented efficiently, but in order to do so, it had to have the cooperation and understanding with the Commonwealth agencies and also have the involvement of the State and Territorial governments.
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