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and their own communities and the right to retain their culture and develop it (finalsubmission page 18).Implementing self-determination in AustraliaThe Indigenous right to self-determination has been slowly accepted over the last25 years. Although restricted interpretations of the right have applied in practice,nevertheless self-determination has been seen as critical in various State, Territoryand Commonwealth laws and policies.However, transfers of power are generally limited in scope and accompanied byresourcing of Indigenous organisations which is inadequate to allow them to fulfiltheir functions. Many Indigenous communities have demanded the right to exerciseself-determination in the provision of services to their communities while many othersalready do so with limited resourcing and powers. No community has jurisdictionover matters so central to their survival as child welfare and juvenile justice.Self-determination was a key component in the development of theCommonwealth approach to land rights legislation during the 1970s and underpinnedthe development of specific legislation covering Indigenous councils and associations.The establishment of ATSIC in the late 1980s and the more recent establishment ofthe Torres Strait Regional Authority (TSRA) further recognised the importance ofself-determination in Indigenous affairs.Discussing greater autonomy for the Torres Strait, the Chairperson of the TSRA,Gaetano Lui, stated, ‘the central force behind this plan [for the TSRA] is our strongcommitment to empowering our people to determine their own affairs. It is aboutcontrolling our own destiny and putting power back in the hands of our people’. TheCommonwealth Minister for Aboriginal and Torres Strait Islander Affairs, SenatorJohn Herron, replied, ‘it is a view that fits well with the Government approach toIndigenous affairs’ (Herron 1996 page 5).States and Territories have also transferred some decision-making powers toIndigenous peoples. Hundreds of Indigenous corporations have been establishedacross the country to provide governmental-type services to their communities.Aboriginal and Torres Strait Islander child care agencies are among these. In addition,Indigenous councils with similar powers to local governments have been establishedin the Northern Territory and Queensland. In South Australia Anangu Pitjantjatjaraku,an Aboriginal corporation established under the Pitjantjatjara Land Rights Act 1982(SA), is recognised as a local governing body. Land rights legislation in some otherjurisdictions have provided for the exercise of some governmental-type powers.In WA legislation authorises the recognition of Aboriginal community councilsfor the purpose of making community by-laws (Aboriginal Communities Act 1979).Some 29 communities have by-law making powers, some of which relate to law andorder. Recognition of community councils under the Act and approval of by-laws areat the discretion of the Minister.In the NT Indigenous community councils exercise local government powersunder the ‘community government’ provisions of the Local Government Act.