Terms of Reference

Purpose

The First Nations Digital Inclusion Advisory Group is focussed on Outcome 17 of the National Agreement on Closing the Gap. Outcome 17 is about ensuring First Nations people can access information and services to make informed decisions about their own lives.

The Advisory Group will be guided by the views of First Nations people and communities in developing its advice, as well as the Priority Reforms identified in the National Agreement on Closing the Gap and the First Nations digital inclusion roadmap, released in December 2024.

The Advisory Group will provide advice to the Minister for Communications about digital inclusion for First Nations people, including ways to improve digital inclusion in areas such as telecommunications, media and broadcasting. It will advocate for improving access, ability and affordability to government, industry and the not-for-profit sector, providing an important voice on digital inclusion measures. This includes:

  • investing in infrastructure so that all communities have equitable access
  • ensuring that First Nations people are able to afford reliable internet services whether fixed line, satellite or mobile
  • supporting all First Nations people to have the skills to access the internet safely and effectively
  • supporting a strong and vibrant First Nations media and broadcasting sector.

The Advisory Group also provides advice to the Minister on the design, implementation and evaluation of the First Nations digital inclusion measures announced as part of the 2024-25 Budget. This includes delivering community Wi-Fi in remote communities; the establishment of a Digital Support Hub and network of digital mentors; and improving the national data collection on First Nations digital inclusion.

Function and scope of the Advisory Group

The Advisory Group will:

  • work in partnership with First Nations people to encourage shared decision making and understand their priorities for investing in digital inclusion including in remote communities and other communities of need
  • advocate for digital inclusion to be considered and prioritised by government and industry, including participation in broader policy and consultation processes
  • advise the Minister on what needs to change in programs or policies to speed up progress towards digital inclusion.

The Advisory Group will work closely with its nominated representative, First Nations Media Australia, which is a member of the Coalition of Peaks. The Advisory Group will work closely with the National Indigenous Australians Agency (NIAA) and a NIAA representative will be invited to attend and observe meetings.

The Advisory Group will work with organisations such as the Office of Northern Australia’s Indigenous Reference Group and talk with state, territory and local governments as well as land councils and other key stakeholders.

Membership

The Advisory Group will be made up of two co-chairs and up to five general members.

The Minister, in consultation with the co-chairs, will choose members for the Advisory Group based on their expertise on two or more of the following issues relevant to First Nations people:

  • digital inclusion
  • online safety
  • First Nations media and broadcasting
  • stakeholder engagement and management
  • delivery of services (like health and education) in remote communities
  • data collection and analysis.

Choosing members will be based on First Nations representation, geographic diversity, and gender balance. Membership will be for up to two years unless the Minister decides otherwise. Advisory Group members cannot ask someone else to vote or go to meetings in their place.

Membership expectations

Members are expected to attend all meetings in person and participate in advocacy and stakeholder engagement activities. This includes contributing to written work, undertaking community and stakeholder engagement, some of which may require travel. The cessation of membership may be recommended to the Minister by the co-chairs if performance is unsatisfactory or potential conflicts of interest are unmanageable.

Ex officio Members

In addition to the Coalition of Peaks, the co-chairs, with the support of the Minister, may invite First Nations peak bodies to join the Advisory Group as ex officio members. These peak bodies priorities must align with the Advisory Group’s purpose of progressing Target 17.

Ex officio members must be an executive officer of the nominating organisation. If the nominated representative resigns their membership, the co-chairs must be advised in writing and a replacement nominee must be identified by the peak body within twenty business days. The co-chairs may withdraw ex officio membership.

Third party participation

Digital Inclusion Expert Panel

The Digital Inclusion Expert Panel will provide expert advice to the Advisory Group on issues about telecommunications infrastructure, First Nations media and broadcasting, and data.

The Expert Panel will carefully check the evidence to find gaps and identify ways to solve digital inclusion barriers faced by First Nations people. It will advise on issues and solutions for digital inclusion for First Nations people and communities. The Expert Panel will work together and form special groups if asked by the Advisory Group co-chairs.

The co-chairs can approve people who are experts to join the Expert Panel. The Expert Panel will have a balance of people from different genders, locations and fields of work. Members will stay on the Expert Panel for two years unless the Minister says otherwise. Expert Panel members will follow rules and regulations set by the Advisory Group.

The Advisory Group will decide who is the chair of the Expert Panel. The Expert Panel may be asked to come to Advisory Group meetings, but they will not have a vote.

Expert third parties

The Advisory Group can invite in other experts. If the Advisory Group needs more funding to bring in these experts, it must ask the secretariat for approval. Experts must tell the co-chairs if there is a conflict of interest. Third party experts may be anyone who the Advisory Group decides can help with issues about digital inclusion, such as:

  • academics
  • people who represent a community
  • land councils
  • researchers
  • consultants.

Administration and governance

Secretariat support

The Advisory Group will receive policy, communication and secretariat support from the Department of Infrastructure, Transport, Regional Development, Communications and the Arts. This support will cover administrative tasks and expenses. The secretariat will assist the Advisory Group and the Expert Panel, managing:

• meetings, travel and accommodation
• policy guidance and help.

The secretariat will work with other government agencies, such as the NIAA, to make sure Advisory Group efforts align with Closing the Gap. It will also talk with state, territory and local governments if needed.

The secretariat will provide documents to the Advisory Group and Expert Panel at least five days before feedback or decision is due, unless the co-chairs say otherwise.

Governance

The Advisory Group will report to the Minister for Communications. The co-chairs will advise the secretariat about the Advisory Group’s key activities, including when they engage with people.

Members of the Advisory Group and Expert Panel must advise the co-chairs about conflicts of interest that may arise. The co-chairs must advise the Department as soon as possible. The co-chairs should consider whether the member removes themselves from the Advisory Group’s decisions due to the conflict. The Advisory Group should maintain its integrity at all times.

If a member of the Advisory Group leaves or cannot undertake their duties, the co-chairs must advise the Department as soon as possible. The Minister for Communications will choose a new member after consulting with the co-chairs.

Meeting arrangements

The Advisory Group must meet at least four times per financial year. Members must attend all meetings in person, unless prior permission is granted by the co-chairs. A majority of members must attend the meeting for it to proceed. The co-chairs must attend all meetings.

All members will usually agree on a decision. If this does not happen, the co-chairs may ask for members to vote on a decision. If this happens, decisions will be based on the majority agreeing. If there is no agreement, the co-chairs make the final decision.

If a decision is required out-of-session, a paper will be provided and the majority of members must agree. Members will have five business days to make their decision. If there is no response within five days, this will be accepted as agreement. The secretariat will record this activity in the next meeting’s minutes.

Remuneration

Advisory Group and Expert Panel members will be paid for their time. The rates for Advisory Group and Expert Panel members are stated in the Australian Government Remuneration Tribunal for part time officer holders, Part 4. The co-chairs will be paid at a rate determined by the Minister.

The secretariat will organise travel and accommodation, which the Department will fund. Extra costs, such as meals and transport, will be refunded in line with Remuneration Tribunal rules. Members must keep invoices and receipts and provide them to the Secretariat.

Advisory Group members and Expert Panel members may not be paid if there is a conflict of interest or rules that prevent extra payments.