Establishing Aboriginality of employees

Updated: 1 Jan 2021
Guidance for the purpose of the Aboriginal Procurement Policy.


Suppliers should make reasonable efforts to establish the Aboriginality of employees for the purposes of the Aboriginal Procurement Policy (APP).

Criteria

The Aboriginality of a person is best demonstrated by use of the 3 ‘working criteria’, supported by evidence as confirmation of Aboriginal or Torres Strait Islander heritage. This is in accordance with the Aboriginal Land Rights Act 1983 and the Aboriginal Housing Act 1998.

For the purpose of the APP, an Aboriginal person means a person:

  • being of Aboriginal or Torres Strait Islander descent, and
  • identifying as an Aboriginal or Torres Strait Islander person, and
  • accepted as such by the community in which they live, or formerly lived.

Providing confirmation

Confirmation can be provided in any of the following ways:

  • a letter from a Local Aboriginal Land Council (LALC) confirming acceptance of a person as a member of the LALC. The letter must be on the LALC letterhead and signed by either the LALC chairperson or chief executive officer.
  • letter of confirmation from an Aboriginal community organisation
  • a Statutory Declaration where an individual is unable to provide evidence from a LALC or Aboriginal Corporation. This declaration could state why the person has been unable to obtain such written evidence, in acknowledgement of the fact that persons may have recently moved to the area where they are seeking employment and obtaining the evidence may be impractical within the time required.

Other ways to provide confirmation

A person may provide evidence of Aboriginality through self-identification within an employment application form, declaring that they identify based on the 3 criteria above. The application should include a statement that providing false information may result in criminal conviction.

Where, prior to the APP, a supplier’s process to establish Aboriginal or Torres Strait Islander heritage of employees is inconsistent with this guidance, the supplier must be able to demonstrate they have taken reasonable steps to satisfy themselves of the Aboriginality of employees.

Suppliers may wish to ask employees to demonstrate Aboriginality in accordance with this guidance.

A supplier may also work in partnership with an Aboriginal business (for example, Aboriginal Employment Service) to assist employees with the identification process required by the APP.

Employers seeking to advertise Aboriginal employment positions publicly should seek advice on the Anti-Discrimination Act 1977.