Queensland South Native Title Services ANNUAL REPORT 2015 - 2016 LETTER OF TRANSMITTAL

Senator the Hon Nigel Scullion Minister for Indigenous Affairs Parliament House Canberra ACT 2600

15 October 2016

Dear Minister

We are pleased to present the 2015 - 2016 Annual Report for South Native Title Services Limited (QSNTS).

This report is provided in accordance with the Australian Government’s Department of the Prime Minister and Cabinet (DPMC) terms and conditions relating to the native title funding agreement under s203FE(1) of the Native Title Act 1993 (Cth) (NTA). The report includes independently audited financial statements for the financial year ending 30 June 2016.

Thank you for your ongoing support of the work QSNTS is undertaking.

Yours sincerely Board of Directors Queensland South Native Title Services

Darumbal Country

Annual Report 2015 – 2016 | i TABLE OF CONTENTS

Letter of Transmittal...... i Stakeholder Engagement...... 37 Table of Contents...... 01 Organisational Capability...... 39 Glossary...... 03 Future Acts...... 42 Grant Financial Performance Report...... 43 Contact Details...... 04 Board Report...... 05 Corporate Report...... 44 CEO Report...... 07 Governance...... 45 Corporate Governance...... 46 QSNTS Overview...... 09 Former Board Members...... 46 Background...... 10 Board Members as at 30 June 2016...... 47 QSNTS Strategies and Priorities...... 11 Executive Management...... 49 Planning and Reporting...... 50 QSNTS Processes and Operational Plan...... 12 Risk Management...... 50 Legislative Functions...... 13 Ethical Standards...... 52 Corporate Governance...... 14 Remuneration...... 52 Organisational Structure...... 15 External Scrutiny...... 53 Strategic Plan...... 16 Statutory Services...... 17 Human Resources Report...... 54 Workforce Planning...... 55 Performance Report...... 19 Workforce Profile, Retention and Turnover...... 56 Claim Areas...... 20 Training and Development...... 56 Outputs 2015-16...... 22 Occupational Health and Safety...... 57 Narrative Discussion...... 23 Looking Ahead: Human Resources in 2016-17...... 57 Current Claims...... 25 QSNTS as a Respondent...... 31 Other Litigation...... 32 Financial Report...... 58 Research...... 33 Advocacy...... 35

Yulluna Country

01 | Queensland South Native Title Services Annual Report 2015 – 2016 | 02 GLOSSARY

The person or persons authorised by the native title claim group to represent Applicant the group in matters arising under the NTA in relation to the native title determination application.

The process (usually in the form of a meeting) that a native title claim group uses Authorisation to give permission to deal with matters arising in relation to that application, including a determination application.

An application for a determination of native title, a revised determination of native Claim title or a compensation application under s61 of the NTA. Also referred to as a native title determination application or a native title application. CONTACT Commonwealth The Commonwealth of Australia as a respondent party in a native title of Australia determination application. Also referred to as ‘the Commonwealth’. DETAILS

The communal, group or individual rights and interests of Aboriginal Peoples QSNTS Annual Report Contact and in relation to land and waters, where the rights Brisbane Office Media and Communications Coordinator | Jasmin Native Title and interests are possessed under the traditional law acknowledged and the Level 10, 307 Queen Street Michiels traditional customs observed by the group or individual. The NTA refers to the PO Box 10832, Adelaide Street recognition of these rights and interests by the Federal Court of Australia. Brisbane, Queensland, 4000 Annual Report Photography The Queensland State Government and principal respondent party to a native title Photography and artwork has been generously State of Queensland P (07) 3224 1200 | free call 1800 663 693 determination application. Also referred to as ‘the State’. submitted by QSNTS stakeholders and staff. F (07) 3229 9880 E [email protected] Cover Artwork W www.qsnts.com.au CEO Chief Executive Officer Jasmin Michiels and Suckerpunch Design Chief Financial Officer CFO Design and Layout DPLO Deputy Principal Legal Officer Suckerpunch Design (Copyright QSNTS 2016) Level 5B, 34 East Street DPMC Department of the Prime Minister and Cabinet PO Box 46 ILUA Indigenous Land Use Agreement Rockhampton, Queensland, 4700

MOU Memorandum of Understanding P (07) 4921 1090 | free call 1800 663 693 NNTT National Native Title Tribunal F (07) 4921 1095 E [email protected] NNTC National Native Title Council NTA Native Title Act 1993 (Cth) Mount Isa NTRB Native Title Representative Body 31-33 Commercial Road NTSP Native Title Service Provider PO Box 1948 PBC Prescribed Body Corporate Mount Isa, Queensland, 4825

PLO Principal Legal Officer P (07) 4743 1322 | free call 1800 663 693 P (07) 3229 9880 QRBA Queensland Representative Body Alliance E [email protected] QSNTS Queensland South Native Title Services

Koa Country

03 | Queensland South Native Title Services Annual Report 2015 - 2016 | 04 design to grant applications and identification of persistence demonstrated by the team throughout BOARD economic development opportunities, QSNTS the financial year. I also thank our CEO and our new organisational structure aims to assist clients Company Secretary for their outstanding efforts in realising their goals both while a native title claim in maintaining contact with myself for monthly REPORT is under way, and long after determination. meetings and urgent requests as well as picking up the urgent work that comes out of the QRBA’s The expansion of work in PBC support-focused work with our State Government colleagues. On behalf of the QSNTS Board of Directors, I am honoured to present the Queensland South operations takes effect in the coming year and Native Title Services 2015-16 Annual Report following another year of numerous challenges reflects new outcome-focused criteria issued by Finally, I also personally extend thanks to my our funding body, the DPMC. However, it also Deputy Chair for standing in for me when I have and opportunities in the native title sector. reflects long-standing advocacy efforts to broaden been unavailable due to other work commitments, horizons in the field of native title, from mere claim and to the other members of the Board of Directors This year, the celebrate the I also take this opportunity to acknowledge prosecution, to the much more impactful longevity for their enthusiasm and contributions to QSNTS fifth anniversary of their positive native title consent and pay tribute to the QSNTS team, and to the of PBCs in the post-determination era. during the reporting period. I pay particular determination, a milestone achievement for the family members who have lent their support and acknowledgement and thanks to Pele Bennet and southern Queensland region and the very first patience during the many hours worked by their One of the most prominent voices behind such Selwyn Button, both of whom were appointed as claim successfully prosecuted by QSNTS after its loved ones above and beyond the call of duty. This advocacy efforts has been, and continues to be Directors in the 2015-16 financial year. incorporation in 2005. dedicated team has not only operated with inspiring the Queensland Representative Body Alliance determination through many weekends towards (QRBA), a united front that helps shape the future It is a privilege for me to present the QSNTS Since then, QSNTS has continued to work bringing the native title aspirations of Traditional for native title aspirants through meaningful reform, 2015-16 Annual Report, which collates the diligently with our Aboriginal constituents across Owners to fruition, but they have also committed and of which QSNTS is an active member. This year many accomplishments we, and our clients have our region of responsibility, resulting in hard-earned many hours of time to a new outlook for QSNTS alone, the QRBA has worked collaboratively with celebrated during the year, and canvases our and well-deserved recognition of native title rights and Native Title Holders alike: the introduction of the State of Queensland (‘the State’) to streamline operations into the future. Supported by the and interests for no less than 15 Traditional Owner the Implementation and Management Division at connection and negotiation challenges, potentially outstanding skills of our talented team members, groups – an outstanding record among Native Title QSNTS, providing support services to Prescribed taking years off the current native title process and and the unwavering commitment of Representative Bodies, but more importantly, an Bodies Corporate (PBCs) in the next phase of their bringing determinations to fruition more efficiently our valued clients, QSNTS is well- positioned outstanding accomplishment for Traditional Owner native title journey. than ever before. Such reforms emphasise the to tackle its future challenges, and welcome new communities across Queensland. critical importance of the collective advocacy efforts opportunities head on. The Implementation and Management Division undertaken by the QRBA and its constituents, In this reporting period, the Mithaka People in the represents a raft of opportunities for PBCs to including QSNTS. Yours sincerely state’s south-west and the People in the capitalise on their native title rights and interests Colleen Wall Rockhampton region have each joined the growing and to advance their Traditional Owner communities The QSNTS Executive team underpins much of Chairperson, Board of Directors number of Native Title Holders now recognised in while remaining true to the unique cultures, this work, as well as operations in claim work Queensland South Native Title Services Queensland, a feat for which QSNTS extends its customs and traditions to which they are so closely and PBC support. On behalf of the Board of most heartfelt congratulations. connected. From strategic planning to website Directors, I extend thanks for the extraordinary

Darumbal Country

05 | Queensland South Native Title Services Annual Report 2015 – 2016 | 06 The 2015-16 financial year was an Innovation, whether in the form of organisational of the south-west and north-east respectively, restructure that will soon see new product/service mean that the four corners of QSNTS’ extensive important transition year for QSNTS. development such as a web-based Agreement operational boundaries are now covered by positive database brought to life so clients can better native title determinations. That is an important It was a difficult year contending with the ‘usual’ manage and leverage existing agreements; or in practical and strategic milestone for QSNTS and complexities associated with native title claim the form of stretching the conventional wisdom our client base. work, whilst responding to the current and that connection reports have little utility beyond the emerging needs of our PBC clients. claim process. It is also important to acknowledge privately- represented Traditional Owners the It was a year that mixed ‘old’ work with ‘new’: Collaboration is critical, whether it be harnessing People, Iman People and Barada Barna People, on one hand, work that is very familiar to QSNTS, the considerable intellectual and experiential capital who also each achieved legal recognition in the forging a claim resolution practice, experience and of the national and Queensland representative form of positive native title determinations during capability that is second to none in the native body systems in being an active member of the the reporting period. Congratulations! title system; and on the other hand, work that National Native Title Council (NNTC) and the represents the new horizon for the entire sector, QRBA; or working with the Centre for Native Finally, thanks is extended to QSNTS’ hard- supporting PBCs to ensure Native Title Holders Title Anthropology to build research capability; or working, committed Board, and to the professional, can protect, manage and leverage recognised participating in the important work of the Indigenous dedicated staff body. We work for people, through rights and interests. Property Roundtable convened by the Australian people and with all the changes and challenges, Human Rights Commission. QSNTS’ people remained rock-solid and crystal- Work that, wherever it sits on the native title clear over the past 12 months, focusing on the continuum, yields crucially important outcomes for Innovation and collaboration were important levers delivery of positive outcomes for our clients. CEO traditional owners, and hence in the doing, brings in dealing with complexity and resource constraints Thank you. its own inherent reward. over the year and will remain so over the coming REPORT years. Gratitude is extended to all our clients and I submit the CEO Report for your consideration. However, the challenges of the 2015-16 year were stakeholders that participated in the numerous compounded by significant funding reductions projects and initiatives that were worked upon compared to previous years. The necessity of doing in 2015-16. ‘more’ with ‘less’ is a common refrain of all modern day organisations, whether they be in the private, There were some important milestones in the public or, like QSNTS, the not-for-profit sectors. year. Congratulations are extended to the Mithaka The true measure of any organisation is how it People and the Darumbal People for securing responds in the cauldron of adversity, a challenge their respective native title determinations. It is Kevin Smith that QSNTS embraced with circumspection, noteworthy that in 2011, QSNTS assisted the Chief Executive Officer (CEO) creativity and steely resolve. Quandamooka People in the south-east to secure Queensland South Native Title Services their determination, as well as the Kalkadoon Innovation and collaboration are recurring themes People in the north-west. A ‘short’ five years later, throughout this Annual Report. the resolution of the Mithaka and Darumbal claims

Kevin Smith, QSNTS CEO Mithaka country 07 | Queensland South Native Title Services Annual Report 2015 – 2016 | 08 (a) All the functions of a representative BACKGROUND body; or (b) Specified functions of a Following the High Court’s landmark Mabo and representative body; Others v Queensland (No 2) decision of 1992 which overturned the doctrine of terra nullius, the Either generally or in relation to one or more NTA was enacted by the Australian Parliament. specified matters. The NTA was established to provide a framework for Aboriginal Peoples and Torres Strait Islanders QSNTS was registered as a public company limited to gain recognition of their rights and interests to by guarantee on 2 June 2005 by the Australian traditional lands and waters. As a consequence, a Securities and Investments Commission. Later network of Native Title Service Providers (NTSPs) that month, QSNTS was invited by the Australian and Native Title Representative Bodies (NTRBs) Government to apply for funding as an NTSP under were recognised throughout Australia to provide s203FE (1) of the NTA. On 7 July 2005, then Minister this service. These NTRBs/NTSPs are funded by for Immigration, Multicultural and Indigenous Affairs the Australian Government to perform functions granted funding to QSNTS as an NTSP for the identified by the NTA. southern region of Queensland. In 2008, QSNTS QSNTS was asked by the Australian Government to extend its After the passage of the NTA, various organisations region of responsibility. provided native title services to the area of Queensland for which QSNTS is now responsible. QSNTS is governed by a Constitution that confirms Due to a number of legislative amendments and the company’s objective to provide native title OVERVIEW reviews, the Australian Government withdrew its services to the Traditional Owners of the land and recognition and funding of these organisations, and waters in its statutory region. QSNTS is funded by provision of government-funded native title services the Australian Government through the DPMC. in the area ceased for a brief period commencing QSNTS is accountable to the Australian Government on 22 June 2005. Under s203FE (1): for its conduct and expenditure.

The Secretary of the Department may make Currently, QSNTS is one of Australia’s largest funding available to a person or body, by way of a native title organisations, representing over half of grant or in any other way the Secretary considers Queensland. A regional presence is maintained with appropriate, for the purpose of enabling the person offices in Rockhampton and Mount Isa, and our head or body to perform, in respect of a specified area office is situated in Brisbane. for which there is no representative body:

Yulluna Country Yulluna Country

09 | Queensland South Native Title Services Annual Report 2015 – 2016 | 10 Our Vision 3. PBC ‘in-kind’ support including preparation and circulation of meeting notices, assistance QSNTS PROCESSES QSNTS STRATEGIES at the first annual general meeting and other Through native title, we drive the achievement of meetings; basic advice around the legal effect Indigenous self determination to redress the past, AND PRIORITIES of Indigenous Land Use Agreements (ILUAs) AND OPERATIONAL PLAN strengthen the present and empower the future. and/or determinations. QSNTS adopts a strict evidence-based approach From 2008 to 2015, QSNTS delivered its services to the investigation, preparation and prosecution of 4. Claim-specific research and investigation that through small, multi-disciplinary case management Our Purpose native title claims. Within the sensitive environment arise from and are consistent with, the s203BJ teams comprising a lawyer, researcher, community research projects referred to in sub-paragraph relations officer and paralegal officer. However, Realising Traditional Owners’ aspirations to secure, of identity and connection, QSNTS does not make two above. as the result of an increase in native title manage and maximise native title outcomes through decisions about who is who or where they belong, determinations and reduced funding, QSNTS the provision of quality professional services in a and instead focuses on providing evidence to 5. The funding of inter- and intra-Indigenous reorganised itself to better manage growing dynamic environment. the Federal Court for the enduring progression of dispute resolution pursuant to s203BJ, with native title claims. We draw on expert evidence, particular priority being given to those claims workloads associated with greater activity historical and other documentary records and, most that are subject to trials, or those claims around Future Acts and PBCs. Our Values importantly, on the evidence provided by Aboriginal capable of consent determination where People themselves. Against this backdrop, QSNTS connection has been accepted but outstanding The 2015-16 financial year marked the first full At QSNTS we honour culture, respect diversity and allocates resources in the following descending Indigenous respondent issues remain. reporting period in which the new organisational acknowledge our clients as the First Peoples of order of priority, noting that some lower order 6. Funding of interlocutory applications to dispose structure was in place. this nation by providing professional, accountable, activities might need to be undertaken before of unmeritorious Indigenous responses where collaborative and evidence-based services. embarking upon a higher order activity: dispute resolution (referred to in sub-paragraph As an overview, QSNTS operates under three above) has been unsuccessful. major service delivery teams – one responsible 1. All claims currently filed in the Federal Court for regional research projects and PBCs under the 7. The provision of limited future act legal advice, must accord with credible evidence and are leadership of the Principal Legal Officer (PLO), representation and assistance. either handled in-house or briefed out to and two responsible for new and existing native competent, ethical practitioners – the amount title claims under the Deputy Principal Legal of resources allocated, as well as other factors Officers (DPLOs). such as logistics, are associated with the size and location of the native title claim group. The PLO and DPLOs are recognised as the solicitors on the record in all QSNTS matters, but 2. Preparation of regional or specific research continue to enjoy support and guidance from senior projects pursuant to s203BJ that have high external consultants, including anthropologists, strategic value in resolving native title across historians and linguists, as well as senior and junior a wider region – this research serves to clarify counsel, in addition to their immediate colleagues complex regions that have multiple competing operating within the QSNTS teams. assertions, as well as regions that have one or more adjoining native title determinations that The activities of service delivery teams are governed can be used as ‘neighbour’ evidence to support by case management plans for each claim managed new or current claims. by QSNTS. The PLO and DPLOs meet with their Mithaka Country

11 | Queensland South Native Title Services Annual Report 2015 – 2016 | 12 respective team members regularly to assess claim S203BG - Notification progress and develop case management plans LEGISLATIVE QSNTS ensures that notification of proposed CORPORATE accordingly. The plans cover a variety of actionable activities which relate to the land and waters matters, including claim strategies, deliverables and wholly or partly within our region are brought to risk management plans. FUNCTIONS the attention of Native Title Holders and claimants GOVERNANCE and relevant information is given to these persons. QSNTS provides the full range of statutory services The Executive Team endorses and approves The QSNTS governance structure consists of as prescribed by the NTA: a Board of Directors which provides high-level each case management plan and moderates the S203BH - Agreement Making strategic direction to the Executive Team, led by the resource level based on the prioritisation principles QSNTS will participate as a party to ILUAs where s203BB - Facilitation and Assistance CEO, in managing the organisation’s operational enunciated above, while the Chief Financial appropriate, consulting with and having regard QSNTS conducts the research and preparation (case management) and non-operational Officer (CFO) assesses such reports to evaluate to the interests of native title claimants. of native title applications and represents and expenditure and determine a budget. Together, (corporate) activity. Further information regarding facilitates native title-related proceedings. These the QSNTS governance structure can be found in these case management plans comprise the S203BI - Internal Review include consultations, mediation, negotiations and the Corporate Report section of this Annual Report. yearly Operational Plan. This bottom-up planning QSNTS provides a process where clients can seek proceedings relating to native title applications, process has been in place for the past five years review of the decisions and actions executed in the Future Acts, ILUAs and any other matter related and represents the continuous prosecution of a implementation of statutory services. to native title. successful legal strategy developed to meet the unique needs of our clients. S203BJ - Other Functions s203BE - Certification QSNTS conducts other functions related to QSNTS certifies native title applications and The DPLOs report regularly on the progress of native title that aim to improve the native title applications for the registration of ILUAs. case management plans for new and existing system and to deliver better results for Traditional claims to the PLO, who forms part of the QSNTS Owners. Examples of these functions include s203BF - Dispute Resolution Executive Team. The Executive Team in turn reports reform, capacity development, regional research QSNTS provides assistance in promoting to the Board of Directors on progress in terms of projects, and negotiating agreements with agreement between clients regarding native outcomes, outputs and finances at each quarterly other organisations such as Memorandums of title applications by conducting consultations, Board meeting. Reporting against key deliverables Understanding (MOUs). In particular QSNTS negotiations, mediation and other native title related in the Operational Plan is a standing agenda item of undertakes regional research projects pursuant proceedings. QSNTS provides mediation services all Board meetings, and the Board signs off on the to section s203BJ(b). between client groups regarding native title claim Operational Plan and any subsequent variation. issues such as claim boundary overlaps and shared Apical Ancestors. For this reporting period, the QSNTS Operational Plan was delivered to the DPMC on 27 May 2015.

Darumbal Country Darumbal Country

13 | Queensland South Native Title Services Annual Report 2015 – 2016 | 14 1. Providing high quality professional services The organisational structure for QSNTS to secure native title or alternative settlement ORGANISATIONAL as at 30 June 2016 is as follows: outcomes for Traditional Owners. 2. Establishing, developing and maintaining a The existing strategic plan for QSNTS was STRUCTURE leading dispute resolution capability. scheduled to conclude as of 30 June 2016, 3. Strengthening organisation capability to however while QSNTS undergoes further transition enable PBCs to manage and maximise to meet the demands of greater focus on PBC and native title outcomes. Future Act work, the currency of the strategic plan 4. Advocating to reform and improve the native Board of Directors Company Secretary has been extended with approval from the Board title system through influencing policy, of Directors for an additional 12-month period. legislation and administrative processes. In line with this plan, QSNTS’ focus is to improve QSNTS fulfils its functions through a service engagement with our clients, constituents and delivery model founded on the assertion that Chief Executive Officer Executive Support stakeholders. We will increase the rate of resolution native title has a vital role to play in delivering of claims, effectively manage disputes and promote recognition and justice for Aboriginal Peoples and cohesive relationships between clients. We will Torres Strait Islanders. QSNTS takes an approach continue to respond to an evolving native title that aims to enhance Traditional Owners’ capacity environment by: Chief Financial Principal Legal for autonomy by developing a service delivery model based on reform, capacity development Officer Officer and statutory services.

Human Resources Research and Deputy Principal Manager Geospatial Manager Legal Officer x2

RESEARCH TEAM LEGAL OFFICERS AND CORPORATE TEAM Through Native Title, we drive the achievement • Finance • Research Officers SUPPORT TEAM • Human Resources • Research Administration • Lawyers of Indigenous self-determination to redress the past, • IT and Records • Claim and Regional • Paralegal Officers strengthen the present and empower the future. • Assets and Facilities Research Projects • Legal Administration • Media and Communications • Mapping/Geospatial (Including PBC Support and • Events Officers • Community Relations Officers Future Acts) • Reception • Coordination of PBC Support

PBC SUPPORT PROGRAM: Co-opting model - expertise and skills engaged as needed from across the organisation.

15 | Queensland South Native Title Services Annual Report 2015 – 2016 | 16 Activities such as mining, petroleum, exploration and compulsory acquisition of land for non- STATUTORY government parties are notified under s29 of the NTA. Where a right to negotiate applies, QSNTS SERVICES provides a service representing the registered native title claim group in negotiation and arbitration QSNTS aims to deliver a complete range of of Future Acts as necessary. statutory services to realise our clients’ aspirations. Indigenous Land Use Agreements (ILUAs) Native Title Claims An ILUA is a negotiated agreement between QSNTS provides legal representation and native title groups and other parties (for example, facilitation assistance to native title claimants by government, pastoralists and utility providers) about providing consultation, mediation, negotiation, the use and management of land and waters in a to address significant changes in funding guidelines agreement making and court appearances relating certain area. ILUAs are provided for under the NTA. Capacity Development prescribed by the DPMC for the 2016-17 reporting to their native title claims. They are used as a mechanism to resolve certain A key function of QSNTS is to establish and period, and QSNTS is now well-positioned to native title issues through a negotiated process enhance the capability of Aboriginal People and ensure Traditional Owners benefit fully from QSNTS also assists and facilitates research for as an alternative to costly and time-consuming Torres Strait Islanders to effectively pursue avenues the Department’s expanded focus on post- and preparation of native title claims. This includes litigation processes. A registered ILUA is legally of self-determination by benefitting from their native determination support and PBC longevity. seeking evidence to determine ‘right people for binding for the parties to the agreement and Native title rights and interests recognised as part of the right country’, resolving disputes that may arise in Title Holders. broader native title system. identifying the claim group, and certification of the claim for lodgement with the Federal Court QSNTS provides facilitation assistance and QSNTS’ PBC Support Program operates to this of Australia. representation in negotiating, resolving and end, with the understanding that on determination certifying registration of ILUAs. of native title, Traditional Owners procure Further information about QSNTS’ legal and responsibility for managing associated rights and research assistance during the reporting period Further information regarding ILUA negotiations interests with limited funding, training or other can be found in the Performance Report section. during the reporting period can be found in the support to effectively do so. Through the provision Performance Report section. of ‘in-kind’ support and limited funding, QSNTS Future Acts focuses on the existing skills, aspirations and needs of Traditional Owner groups to help establish A ‘future act’ is a proposed activity that may Reform rewarding partnerships, manage their native title affect native title, for example: mining, exploration, QSNTS is committed to the development of a fair rights and interests independently and sustainably, compulsory acquisition, tourism and other and balanced native title system, making advocacy and work toward the overarching goal of genuine developments. Under the NTA and the Aboriginal for reform and improvement of native title processes self-sufficiency. Cultural Heritage Act 2011 (Qld), a registered and outcomes a necessary function. To this end, native title claim has certain procedural rights, QSNTS takes every opportunity to engage with The PBC Support Program functions as a request- which include the right for Applicants to be notified reviews of administrative frameworks and of both driven ‘facilitation and assistance’ service under and consulted on Future Acts that may affect their state and federal legislation. Further, QSNTS s203BB of the NTA, offering assistance across a native title rights and interests. participates extensively in advocacy programs broad range of fields, from PBC establishment to through its membership of the NNTC, as well administrative compliance, community engagement Most Future Acts are notified under s24 of the as state-wide collaborative efforts with other and financial management. NTA. As the NTSP for the region, QSNTS receives NTRBs/NTSPs. Future Acts notices and forwards them to the In this reporting period, QSNTS has consulted relevant native title claim Applicants. QSNTS extensively on the future direction of the provides registered Applicants with assistance to organisation in terms of capacity development understand the complex process allowing them to for Traditional Owners following a native title comment on or object to the proposed activities. determination. This future planning process aims

Left: Nockatunga, Middle: Wambin, Right: Wambin

17 | Queensland South Native Title Services AnnualAnnual ReportReport 20122015 –- 20132016 | 18 CLAIMED AREAS

PERFORMANCE REPORT

Darumbal Country

19 | Queensland South Native Title Services Annual Report 2015 - 2016 | 20 Outputs 2015-16

Facilitation and Assistance Number

The Claims Experience

Total active registered claims within the region at 1 July 2015 28 Active Claims Represented at 1 July 2015 21 Plus claims filed by QSNTS 4 Less claims determined 2 Less claims dismissed (represented by QSNTS) 0 Ceased to act 0 REVIEW OF Plus or less any other (consolidated) 1 Active claims represented at 30 June 2016 22 PERFORMANCE QSNTS as respondent 4 Claims in development 6 QSNTS is proud to report that two native title claim groups within our region achieved Non-claimant applications 2 a determination of native title during this reporting period, by consent determination or Discontinued/resolved non-claimant applications 1 judicial hearing. Additionally, the rise in native title determinations has coincided with Compensation claims 0 increased Future Act activities, as seen in the accompanying table. s203 BJ(b) regional research projects 4 The Agreements Experience Future Acts notices received 1794 Responses to Future Acts 1673 Agreements concluded 61 Agreements in development 70 ILUAs concluded and registered 61 Complaints and Disputes Complaints received 13 Complaint resolved 13 Complaints pending resolution 0 Requests for Review of Decisions Not to Assist Requests received 1 Reviews completed 2 Petitions overturned on internal appeal 0 Requests for External Review of Decisions Not to Assist Complaints received 2 Complaint resolved 2 Complaints pending resolution 0

Koa Country

21 | Queensland South Native Title Services Annual Report 2015 – 2016 | 22 Consent Determinations The Mithaka People now embark on the next phase The determined area encompasses 14,880 sq km NARRATIVE of the native title journey, following the establishment of land and waters in the Rockhampton region, Mithaka People – 27 October 2015 of the Mithaka Aboriginal Corporation in September including the lower Fitzroy Basin and coastal 2015, which is recognised as managing the native areas spanning northward to Stannage and DISCUSSION In one of Queensland’s largest native title title rights and interests belonging to the Mithaka . Notably, the area also includes determination outcomes, the Mithaka People were People. QSNTS will continue working closely the city of Rockhampton itself, and the towns of In 2015-16, QSNTS made significant formally recognised as Native Title Holders over with the Native Title Holders throughout their , Gracemere, Stanwell, Westwood, Torilla more than 33,800 sq km of land and waters in next endeavours. and Ogmere, making the Darumbal People’s advances on behalf of clients toward Queensland’s south-west corner following a remote determination one of just 10 made over cities or sitting of the Federal Court of Australia at Windorah regional centres since the NTA first came into effect. resolution of their respective native title Darumbal People – 21 June 2016 on 27 October 2015. claims, including consent determinations The Darumbal People this year made a significant The Darumbal People expressed motivation and for two Traditional Owner groups and The decision by the Honourable Justice Darryl step toward resolving one of Queensland’s longest- commitment to utilise the economic development Rangiah favoured a positive native title determination, running native title claims with the Federal Court opportunities now available to them in line with filing of new claims for various others. closing a difficult, but hard-won battle lasting 13 of Australia formally recognising native title rights recognition of their native title rights and interests, years after the Mithaka People first filed their native and interests over more than 14,500 sq km of land and QSNTS looks forward to working with the title claim in November 2002. and waters forming Part A of the claim first filed in community on their future endeavours. In the June 1997. meantime, QSNTS continues to work diligently The special hearing attracted more than 100 on the Darumbal People’s Part B native title claim, attendees to the Windorah Town Hall, including Sitting at an on-country hearing held at aiming to resolve the matter as swiftly as possible. members of the Mithaka People, representatives of Rockhampton’s iconic Dreamtime Cultural Centre, the State, the Federal Court, and respondent parties the Honourable Justice Berna Collier delivered her QSNTS applauds both the Mithaka People and to the native title claim, as well as local media, who judgement on the first part of the two-part claim to an the Darumbal People on their resolve throughout were treated to celebrations following the Federal audience of more than 200 attendees. Among them the native title process, and congratulates the Court hearing, including a traditional smoking were members of the Darumbal People, as well as Traditional Owners on gaining rightful recognition ceremony symbolising unity across diverse cultures State Member for Keppel Brittany Lauga MP, Mayor as Native Title Holders in the southern and people. of Rockhampton Margaret Strelow, and a volume of Queensland region. media outlets, including Channel 7, WIN News, Mithaka country is now among the largest ABC Radio and the Morning Bulletin. determined areas in the southern Queensland region, forming part of Channel Country renowned for its complex network of rivers and waterways, and encompassing the small town of Betoota approximately 1,400km west of Brisbane.

Left: Mithaka Applicant Scott Gorringe with the Honourable Justice Darryl Rangiah, Middle: Dr Valerie Cooms Left: Channel 7 Local News filming at the Darumbal People’s consent congratulates Mr Gorringe on the Mithaka People’s native title outcome, Right: Attendees at the Mithaka People’s determination, Middle: Member for Keppel Brittany Lauga with Darumbal consent determination hearing in Windorah, Middle: Mithaka Applicant Scott Gorringe with Dr Valerie Cooms at the Elder Nyoka Hatfield, Right: Darumbal Applicant Billy Mann presents a gift 23 | Queensland South Native Title Services Mithaka consent determination, Right: Attendees at the Mithaka People’s consent determination hearing in Windorah. to the State. Annual Report 2015 – 2016 | 24 with representatives from the State and Australian Kabi Kabi Governments present. This on-country evidence In October 2015, the Butchulla People authorised The Kabi Kabi First Nation Traditional Owners CURRENT process is expected to take place in December 2016. the making of an ILUA with the State, acting native title determination application was filed on through the Department of Health (on behalf of 31 May 2013. Darumbal CLAIMS the Queensland Ambulance Service), dealing with the construction of an Ambulance Station in Proceedings to determine Part B of the Darumbal Pending the State and the Commonwealth’s Barada Kabalbara Yetimarala Rainbow Beach. claim remain afoot. response to the Kabi Kabi connection material, in October 2015 the Applicant proposed to the State The Barada Kabalbara Yetimarala (BKY) People This ILUA provides a range of outcomes and benefits Gunggari #4 a streamlined approach to resolving tenure issues currently have two native title determination for the Butchulla People, including: within the claim area. applications filed with the Federal Court. The #4 native title determination application was filed on 10 October 2012. • compensation for the loss of native title In November 2015, the Applicant provided the Throughout 2015, QSNTS provided assistance within the agreement area; State with further connection material including a by way of legal representation to a BKY claimant This claim remained adjourned pending resolution • consultation in the naming of the supplementary report by Dr Tony Redmond and and member of the BKY Applicant to join as a of the overlap with People # 6 and was Ambulance Station; witness statements by members of the claim group. respondent to the Barada Barna proceedings. not listed for any directions hearings during the • acknowledgement of the Traditional Owners The purpose of the joinder was to have the apical reporting period. of the agreement area; In April 2016, the State and Applicant met on a ancestor of the BKY Applicant in question added to • payment for Indigenous artwork to be without prejudice basis to discuss issues around the Barada Barna claim group description. The Court At an administrative listing in December 2015, the displayed in the Ambulance Station; and connection and tenure. The State and Applicant made orders accordingly on 22 January 2016. Court ordered that the Gunggari People #4 matter further agreed to meet again in future to progress • protocols for the management of be listed at a date to be advised after the hearing cultural heritage. resolution of the claim in July 2016. Throughout the reporting period, the gathering of of applications for summary judgment in the Bidjara supporting evidence for the BKY claims through People #6 (which overlapped Gunggari People #4) The Rainbow Beach Ambulance Station ILUA In addition to the ongoing meetings with the State, anthropological and genealogical research, as well and Bidjara People #7 matters. was fully executed in March of 2016, and, in the QSNTS, on behalf of the Applicant, is involved in as fieldwork, has progressed. Several interviews reporting period, is currently under consideration ongoing communication with the Commonwealth with BKY claimants have occurred in preparation for The summary judgment applications were heard for registration by the Native Title Registrar. with the objective of resolving outstanding producing detailed witness statements to support in late June 2016, and no date was advised (as at connection issues. the claims. the end of the reporting period) for the listing of the Connection has already been accepted for a portion Gunggari People #4 matter. of the claim area of the Butchulla mainland and Koa The BKY legal team, research team and expert sea claim. The Applicant and State are continuing anthropologist are continuing work on the The ’s native title determination to engage to resolve connection issues for the |connection material in order to meet QSNTS’ application was filed on 16 July 2015, following remainder of the claim area, and preparations for an deadline set for May 2017. the filing of a non-claimant application within the on-country evidence process are underway to allow Koa People’s region. Ongoing regional research for Butchulla People to give evidence on country undertaken by QSNTS in the preceding period enabled the organisation to respond swiftly to the circumstances by having an application authorised and filed in a relatively brief timeframe.

Left: Students who are learning the language of the Darumbal People at Crescent Lagoon Left: On behalf of the Darumbal People, Roy Hatfield accepts a gift State School attended the Darumbal People’s consent determination hearing, Middle: Darumbal from QSNTS, Right: The Darumbal People celebrating their native youths perform traditional dances to a crowd, Right: The Honourable Justice Berna Collier title consent determination. 25 | Queensland South Native Title Services presents her judgement to the Darumbal People. Annual Report 2015 – 2016 | 26 The Koa People’s native title determination Kunja People’s claim through anthropological and including meetings and interviews with the Applicant The Mithaka determination recognises the continuing application covers 31,083 sq km and includes the genealogical research, as well as fieldwork, has and relevant claimants wishing to participate as existence of native title rights and interests over traditional land and waters of the Koa People within already commenced and is ongoing. witnesses in the trial. 33,840 sq km between Birdsville and Windorah the local authority areas of the Barcaldine Regional and is one of the largest determinations in terms of Council, Boulia Shire Council, Cloncurry Shire Interviews with Kunja claimants have taken place this Mardigan area in Queensland. Council, Flinders Shire Council, Longreach year in preparation for producing detailed witness The Mardigan People’s native title claim was filed on Regional Council, Mckinlay Shire Council, statements to support the claims. Such interviews The Mithaka Aboriginal Corporation previously 17 January 2007. The area subject to the Mardigan Winton Shire Council. will continue into early 2017. registered on 23 September 2015 with the Office People’s native title claim surrounds (and includes) of the Registrar of Indigenous Corporations was Quilpie in Central South Queensland, spanning The Koa People’s native title claim was accepted determined by the Court to be the PBC to hold approximately 15,480 sq km. by the National Native Title Tribunal (NNTT) the rights and interests from time to time comprising The reporting period has seen a number of for registration on 28 September 2015, and a QSNTS continues its efforts to compile further the native title in trust for the Mithaka common developments in the Mandandanji People’s native notification period instated from 16 December evidence sufficient to prove connection and law holders. title claim. 2015 to 15 March 2016. Substantive research persuade the State that it may properly consent to a determination of native title. The Mithaka Aboriginal Corporation, on behalf of into the matter has also been completed and a On 18 December 2015, the Honourable Justice the Mithaka People, is presently involved in connection report prepared. Rares programmed the matter for trial, with a hearing The Mardigan People’s native title claim continues to negotiations over a tenure resolution ILUA with on all issues to commence on 28 November 2016. In Kunja remain in negotiations. the State. accordance with the trial program, the Applicant filed The Kunja People’s native title determination pleadings and the evidence it would be relying upon Mitakoodi and Mayi People Port Curtis Coral Coast application was filed in the Federal Court of Australia in March/April 2016. on 17 July 2015. The Kunja claim area is centred Substantial research efforts were directed towards The Port Curtis Coral Coast (PCCC) native title around the Warrego River, extending from the An authorisation meeting to consider proposals to finalising evidence for this claim. determination application was programmed for trial Queensland state border, west of Tego in the south, amend the claim was held in Roma on 7 May 2016. on 2 May 2014 by the Honourable Justice Dowsett, to Wyandra in the north and Widgeegoara Creek in This was the subject of Justice Rares’ decision and Two meetings of the native title claim group were and preparations towards trial, including conferences the north east. grant of leave to the Applicant on 25 May 2016 in held, however progress in the matter was slowed with the First Respondent, the State, for the Weribone on behalf of the Mandandanji People v due to intra-group disputation. purposes of narrowing and settling issues in On 19 November 2015, the application was State of Queensland [2016] FCA 425. dispute, have been relentlessly pursued during accepted for registration and entered on the Register Mithaka the reporting period. of Native Title Claims. The claim was notified on 24 In accordance with the decisions of the claim On 27 October 2015, the Mithaka People’s native Authorisation meetings for the claim group were held February 2016, with the notification period ending on group in May 2016 and pursuant to leave granted title determination application Scott Gorringe on 17 and 18 October 2015, and on 26 April 2016 23 May 2016. by the Court, a further amended claim was prepared and Others v State of Queensland and Ors, was to afford the claim group the opportunity to consider for filing. determined by the Honourable Justice Rangiah of relevant proposals for amendments to the PCCC A meeting with the Applicant and QSNTS legal the Federal Court in Windorah. claim to better enable its determination. Amended representatives took place in May 2016 in The Applicant has received service of the First Forms 1 were filed on 15 February and 12 May 2016 Cunnamulla to discuss the progress of the claim, Respondent’s defence and objections to evidence. to give effect to the decisions of the claim group. and another such meeting is scheduled for October Further preparations towards trial are continuing, 2016. The gathering of supporting evidence for the

Left: More than 100 people attended the Mithaka People’s native title Left: Artist Anthony ‘Boy’ Turnbull with his iconic work, ‘Sunset, on Mithaka determination hearing , Right: Members of the Mithaka People. Country’, Middle: A smoking ceremony uniting people after the Mithaka People’s consent determination, Right: QSNTS Legal Officer Jesse Land with 27 | Queensland South Native Title Services Mithaka Applicants. Annual Report 2015 – 2016 | 28 On 18 October 2015, the claim group also to complete its assessment of connection and revert There are no Indigenous respondents to the Wakka Western Kangoulu authorised the making of an ILUA with Gladstone, back to the Applicant with a position on connection Wakka #3. An application for a determination of native title was Bundaberg and Burnett Regional Councils, subject by Friday, 16 September 2016. filed on behalf of the Western Kangoulu People on to conditions. The Applicant has completed those Organisational effort in each of the two matters 9 May 2013. negotiations and the ILUA has now been executed Wadja concentrated on completing the collection of Mandandanji by the respective parties. lay evidence. The Applicant’s principal focus in relation to the Consultant Anthropologist Kim McCaul completed Wadja native title claim during the reporting period his connection report in relation to the Western On 16 June 2016, the Honourable Justice Dowsett Wangan and Jagalingou was the preparation of further connection material in Kangoulu People’s native title claim in July 2015. In made orders vacating the trial, following the filing of a support of the claim. The Wangan and Jagalingou People’s native title accordance with a work plan filed in May 2015, Mr statement of agreed facts executed by the Applicant determination application was filed on 27 May 2004. McCaul’s connection report was provided to the and First Respondent on 19 May 2016 and On 12 February 2016, parties attended before State, on a confidential and without prejudice basis, subsequent non-contention notices by respondent the Court for a case management conference. On 24 June 2015, an authorisation meeting was in December 2015. parties. The PCCC claim is presently in substantive An indicative timetable for the progressing of held to replace the Applicant under s66B of the NTA. negotiations towards a consent determination in preliminary issues was agreed between the parties. Leave was granted and an amended Form 1 filed on The Applicant’s legal representative was directed 2017, including negotiations with respect to other Since January 2016, witness interviews have been 21 August 2015. to attend a Federal Court case management settlement ILUAs. completed resulting in the production of relevant conference in February 2016, along with the legal witness statements. The Wangan and Jagalingou application was representatives for the Wadja People and the Quandamooka substantially overlapped by Bidjara People #7 Gaangalu Nation. Following the case management Connection statements in support of the To comply with the agreed timetable, expert reports and until resolution of the overlap, the State conference, the State advised the parties that it Quandamooka People’s Moreton Island claim and lay evidence were provided, on a confidential would not commence its assessment of the would provide its response to connection to the (Quandamooka People #4) were collected over the and without prejudice basis, to the State for Wangan and Jagalingou connection material. Applicants for the Western Kangoulu, Wadja and course of 2015, and the first directions hearing in connection assessment in March/April 2016. The Applications to dismiss both the Bidjara People Gaangalu Nation claims, by 23 September 2016. the matter was held on 29 October 2015. Ms Wati State advised a response date on connection of #6 and Bidjara People #7 applications were heard Qalotaki as solicitor on the record appeared for 23 September 2016. on 23 June 2016. Woppaburra the Quandamooka People. Confidentiality orders in Filed on 8 November 2013, the Woppaburra relation to the delivery of connection material were #3, #4 and #5 At a directions hearing in June 2016, the parties People’s claim encompasses the Keppel Islands and made by the Court at the directions hearing. were ordered to consult and determine whether the The claims designated as Wakka Wakka #3 and surrounding waters off the coast from Rockhampton. claim is likely to proceed to a consent determination Wakka Wakka #5 were consolidated into one claim On 29 February 2016, connection material or to a contested hearing and to produce a draft set now designated as Wakka Wakka #3 claim. Throughout this reporting period, the preparation of evidencing the Quandamooka People’s native title of programming orders to achieve that outcome. anthropological and lay supporting evidence for the over Moreton Island was provided, on a confidential Wakka Wakka #4 has two sets of Aboriginal Woppaburra claim has continued. The first tranche and without prejudice basis, to the State, the respondents, each of which assert native title rights In June 2016, further connection material was of expert and lay evidence was provided to the State Commonwealth of Australia (‘the Commonwealth’), and interests under different societal labels. Dispute provided to the State including further witness and the Commonwealth on 2 October 2015. and Tangalooma Entities for assessment. The State resolution in relation to each set of respondents has statements and a finalised genealogical report. has advised that it considers it would be in a position taken place and will continue. Further research is continuing including an historical report, supplementary anthropological material and witness statements.

Left: At the Gunggari People’s consent determination hearing, Middle: Left: Kalkadoon People celebrating their consent determination, Middle: At Raising the flag at the Gunggari consent determination, Right: At the the Kullilli People’s consent determination, Right: Kullilli People celebrate their Kalkadoon People’s consent determination hearing. consent determination with traditional dancing. 24 23 29 | Queensland South Native Title Services Annual Report 2015 – 2016 | 30 The Woppaburra legal team, research team and Research toward the preparation of the substantive expert anthropologist have continued to work on connection report in this matter by Peter Blackwood preparing supporting evidence and will deliver a continued throughout the period but was adversely second tranche of evidence to the State and the affected by competing priorities on the allocation of Commonwealth on 20 September 2016. Mr Blackwood’s time.

Yulluna #4 The Yulluna People #4 native title application, filed QSNTS AS A on 2 February 2015, is in relation to a single parcel of unallocated State land near the town of Duchess in north-west Queensland. The parcel was excluded RESPONDENT from the area of the Yulluna People #3 consent determination due to technical reasons. Wongkumara Bidjara /Yugara Yugarapul QSNTS remained active as respondent in The Yulluna People #4 claim, filed in the Federal this matter and as a consequence of research Both QSNTS and the State have applications The unanimous judgement of the Federal Court Court on 2 February 2015, was listed for its first undertaken by QSNTS and subsequent dispute before the Federal Court seeking the dismissal of in the appeal in Wyman on behalf of the Bidjara directions hearing in October 2015. At the directions resolution processes, agreement was reached as the Bidjara People #7 native title determination People #6 v State of Queensland authoritatively hearing, the State informed the Court of a mapping to the claim group description. application, principally on the basis that the resolved the appeal point QSNTS wished to error in the Yulluna People #3 determination which application seeks to re-litigate a matter that had have decided. would need to be corrected before the Yulluna A meeting of the native title claim group authorised already been decided against the claim group by People #4 claim could be determined. Consequently QSNTS withdrew its appeal. the amendment of the claim group description, the Court (the Bidjara People #6, Brown River which resolved QSNTS’ substantive concerns in People, Karingbal People overlap). The State subsequently informed QSNTS that it relation to the matter. intended to file an interlocutory application in the Yulluna People #3 matter seeking an order that OTHER LITIGATION However, a claim filed by a subgroup of the QSNTS remained a respondent to this matter. would correct the error. Yandruwanda Yarruwarrakka People (the Quandamooka Yoolooburrabee Aboriginal Parlpamudramudra People) overlapped the The matter is listed for a consent determination Wangkamahdla Nation Corporation v State of Queensland Wongkumara claim and QSNTS joined with the in December 2016. The Wangkamahdla Nation claim was filed on Wongkumara applicant in successfully seeking the In proceedings before the High Court, the 20 January 2016 and accepted for registration on dismissal of the Parlpamudramudra People’s claim. Parlpamudramudra People Quandamooka Yoolooburrabee Aboriginal 3 March 2016. Corporation RNTBC (QYAC) challenged the validity QSNTS has been assisting with dispute This claim substantially overlapped the of amendments made to the North Stradbroke The claim was authorised and filed earlier than resolution processes between the Wongkumara Wongkumara People’s claim. Island Protection and Sustainability Act 2011 anticipated by the QSNTS Operational Plan and applicant and the PBC for the Yandruwanda (Qld) (NSIPSA) by the North Stradbroke Island priorities as a response to a non-claimant application. QSNTS formed a view that the claim group Yarruwarrakka People. Protection and Sustainability and Another Act The non-claimant application was filed by Gibson was in fact a subgroup of the Yandruwanda Amendment Act 2013 (Qld) (‘Amendment Act’). Grazing Pty Ltd on 29 July 2015, seeking orders Yarruwarrakka People. A further claim which covers all of the Queensland that native title did not exist over 4,420 ha of country portion of the Wongkumara People’s claim has On 21 August 2015, the parties to the proceeding near Bedourie. QSNTS joined with the Applicant for the ostensibly been authorised by persons asserting Wongkumara People’s claim to successfully argue forwarded joint correspondence to the High Court native title rights as Kungadutchi Punthamurra Registry to further request that the matter not be set As an outcome of extensive research that had this matter should be dismissed. People, however that claim has not yet been filed. down for hearing in the October or November 2015 already been carried out in the area, QSNTS was sittings of the Court as the parties were consulting able to convene a meeting of a potential native QSNTS remains engaged in dispute resolution QSNTS intends to remain active in this matter. about the State Government’s policy intent and the title claim group. An outcome of that meeting processes between the Wongkumara People development of proposed legislation to amend the was authorisation of a native title determination and the PBC for the Yandruwanda Yarruwarrakka NSIPSA in order to return it to its original intent. application on behalf of the Wangkamahdla Nation. People in an effort to address native title rights and interests asserted by the Yandruwanda Yarruwarrakka People within the Wongkumara On 25 May 2016, the North Stradbroke Island claim area. Protection and Sustainability and Others Acts Amendment Bill 2015 (Qld) was passed with amendments by the Queensland Parliament.

Left: Marking the Pitta Pitta native title determination with traditional music, Right: A positive outcome for the Pitta Pitta People. 31 | Queensland South Native Title Services Annual Report 2015 – 2016 | 32 The North Stradbroke Island Protection and QSNTS v The Registrar of the National Native Darling Downs South East Regional Research Project (SERRP) Sustainability and Other Acts Amendment Act Title Tribunal The Darling Downs Regional Research Project The primary research effort is complete and the 2016 (Qld) (‘Further Amendment Act’) was This matter was resolved without the need for a continues to be an important part of QSNTS’ research outcomes referred to Senior Counsel for enacted, having received royal assent, on 14 June judicially determined outcome and the ILUA that strategy for achieving native title outcomes in the opinion and advice. 2016. The Further Amendment Act largely repealed QSNTS sought to impugn was removed from relevant region. The region covers an area from the amendments which were the subject of QYAC’s the Register. Dulacca in the West to the Great Dividing Range in It is likely that claims will be lodged arising from this challenge filed in 2014. the East, and from Guluguba in the north, south to research during the 2016-17 period. Toowoomba and Pittsworth and includes the towns On 15 June 2016, both QSNTS and Crown Law of Oakey, Dalby, Tara, Chinchilla and Miles. St George Regional Research Project wrote to the High Court requesting that the matter RESEARCH not be set down for hearing for the June/July 2016 The primary research was completed and the During 2015-16, anthropological and genealogical sittings, to enable QYAC to provide instructions in outcomes presented to affected groups. During the reporting period, work has continued research has continued. relation to the proceedings. on seven regional research projects The research has provided clarity for the formulation Progress of the research has been slowed In accordance with the Quandamooka People’s of a strategy in the relevant region. • Central West Research Project; due to the involvement of the lead consultant decision-making process in relation to controversial anthropologist in other native title matters, including matters, the Quandamooka Elders-in-Council sat • Darling Downs Research Project; The research has assisted the Bigambul People matters that are in trial. on Moreton Island on 24 June 2016 to consider • Gilliat Flinders Research Project; to progress their claim to a consent determination legal advice and the question of discontinuation and has informed decisions by the • St George Research Project; Consequently, this research is not expected of the High Court proceedings. They provided People and the Mandandanji People in relation • South Central Research Project; to conclude until early in 2017. imprimatur consent to and support of the to the management of their respective native title discontinuation of the proceedings on the day. • South East Regional Research Project; and determination applications. The Elders’ decision was communicated to the • Wangkamahdla/Wangkamahna. Gilliat Flinders Board of QYAC which was due to meet on 9 July The research effort in this region is now focused on Wangkamahdla/Wangkamahna 2016 to consider and decide on the matter for supporting the Mitakoodi and Mayi People’s native Central West The research undertaken in relation to this area has the purposes of instructions to QSNTS. title determination application. As reported in the 2014-15 Annual Report, allowed QSNTS to respond quickly and decisively the substantive Central West research was used to a non-claimant application in relation to a to inform the authorisation and filing of a native South Central pastoral property that covers some 4,420 sq km in the relevant area. title determination application on behalf of the This research project was undertaken in response Koa People. to concerns raised by Traditional Owners in relation As a consequence of that research a claim was to the interests they asserted within the relevant area. Research undertaken during 2015-16 was authorised, filed and registered. related to the Koa People’s native title The research was completed and outcomes Research in this area will now be directed to determination application. reported to Traditional Owners affected by supporting that claim. those outcomes. Other research in this region through the relevant period was not a high priority for the organisation.

Western Kangoulu Country

33 | Queensland South Native Title Services Annual Report 2015 – 2016 | 34 • Carpentaria Land Council Aboriginal • Northern Land Council; for supporting future compensation claims in Corporation; and • NTSCorp; line with developing law around native ADVOCACY title compensation; • QSNTS. • QSNTS; • In January 2016, the QRBA hosted a In addition to its work with clients aspiring to have • South Australian Native Title Services; There are unique elements in the operating Stakeholders Workshop, canvassing the their native title rights and interests recognised, environment of each native title body’s • South West Aboriginal Land and Sea State’s leading priorities in native title, those QSNTS gives voice to Traditional Owners by jurisdiction, and an alliance at this level provides Council; and being the settlement of ILUAs prior to native advocating for positive reforms that benefit the a perspective of the breadth of native title issues • Yamatji Marpla Aboriginal Corporation. title determination, and the intention to amend native title process, and the Indigenous community across Queensland. The QRBA also enables the threshold tests associated with accepting more broadly. strong coordination of representative bodies to Acting in consultation with, and on behalf of these connection to country during negotiations; advocate common interests and address shared Primarily, QSNTS conducts this work through groups, the NNTC actively engages in government • In February 2016, QSNTS made a submission issues. Through the QRBA, NTRBs/NTSPs in three channels: reviews and reform pathways to effect real changes to the Senate Standing Committee on Queensland engage with State Government and that benefit Traditional Owners nationwide. Economics on the development of bauxite other organisations on a range of issues affecting • QSNTS itself, as an organisational function; resources in northern Queensland, the native title sector, and coordinate advocacy for providing comment on the impact of limited • The QRBA; and legislative, policy and systems change. Reform Priorities in 2015-16 consultation with local Native Title Holders • As a member organisation of the NNTC. and their Aboriginal Corporations in major National Native Title Council (NNTC) In the 2015-16 reporting period, QSNTS worked project development; both autonomously and together with the QRBA and • In March 2016, QSNTS also made a Queensland Representative Body the NNTC on advocacy objectives as follows: Established in 2005, NNTC operates at a submission to the Queensland Government’s Alliance (QRBA) Finance and Administration Committee national level as a unified coalition of NTRBs and • In October 2015, the QRBA met with the State NTSPs from across Australia, serving to identify, concerning the cessation of mining operations The QRBA is a strategic alliance of each of the Minister for Natural Resources and Mines Dr explore and resolve challenges and obstacles on North Stradbroke Island, over which the NTRBs and NTSPs in Queensland. The QRBA Anthony Lynham to consult on redesigning the faced by Traditional Owners in their pursuit of Quandamooka People hold native was formed in 2013 and provides a forum native title architecture to focus on enabling native title outcomes. title rights and interests, and now a matter for information and experience sharing, issue Traditional Owners to properly leverage the which has since been resolved; identification, strategy development and advocacy economic benefits available following a native The NNTC is governed by a chief executive • In June 2016, the QRBA again met with at a state level. title determination; officer and comprises a membership of 11 the State to canvas native title connection stakeholders, namely: • Another meeting with the Australian Human guidelines for the purpose of reforming The QRBA meets regularly, and is comprised of Rights Commission (AHRC) took place in thresholds associated with the State’s the Chairpersons, CEOs and PLOs of: • Central Land Council; December 2015 to further champion the acceptance of connection to country evidence prioritisation of economic development for • Goldfields Land and Sea Council; to streamline the native title process. • North Queensland Land Council; Traditional Owners; • Kimberley Land Council; • Cape York Land Council; • Also in December 2015, QSNTS attended • Torres Strait Regional Authority; • Native Title Services Victoria; a compensation workshop hosted by the • North Queensland Land Council; NNTC, exploring case studies and strategies

Western Kangoulu Country

35 | Queensland South Native Title Services Annual Report 2015 – 2016 | 36 The QSNTS Research team represented the organisation at the conference and learned valuable National Native Title Conference insights on anthropological evidence in native title From 1 – 3 June 2016, the Australian Institute of matters, and as a testament to the success and Aboriginal and Torres Strait Island Studies hosted impact of the conference, the team is scheduled its annual National Native Title Conference on the to attend the 2017 Centre for Native Title Larrakia People’s traditional country at the Darwin Anthropology Annual Conference taking place Convention Centre in the Northern Territory. in Perth next year. This year’s Conference attracted NTRBs and members of PBCs, as well as academics, Queensland Native Title Forum government representatives, lawyers and various other experts and professionals operating in this On 29 April 2016, the Federal Court of Australia dynamic field of work. hosted the Queensland Native Title Forum in With significant focus by departments and other Brisbane, bringing together an audience of bodies on amending the native title landscape to QSNTS was represented at the conference by STAKEHOLDER approximately 60 individuals to canvas native title focus not only on claim determinations, but also two of its Board Directors, namely Bernie Yates opportunities and challenges associated with the on the socio-economic development of Traditional and Bradley Saunders, who provided positive NTA. Attendees included a range of academics, Owner communities long after a determination ENGAGEMENT feedback from the conference, with particular focus barristers, lawyers and other professionals operating is made, QSNTS has worked to implement an on a keynote address delivered by the Senator the Each year, QSNTS takes part in a variety of within the field of native title. organisational structure that brings these goals Honourable Nigel Scullion, Minister for Indigenous stakeholder engagement events and activities to fruition. This structure, which established the Affairs, and a panel on Dangerous Ideas. designed to support Indigenous empowerment QSNTS PLO Tim Wishart delivered a presentation QSNTS Implementation and Management Division, and advocate a stronger native title system. at the Forum, discussing the impacts of intra- comes into operation in the 2016-17 financial year. Seen as a platform for resolving challenges and Indigenous disputes on the operations of native identifying opportunities to advance Indigenous title representative bodies and their functionality However, QSNTS’ commitment to reforms that communities through native title, QSNTS plans to 2016 Anthropology Conference in aiding native title claims. Covering funding empower positive outcomes for Traditional Owners continue its participation at the National Native Title limitations and reform options that enable will also continue in the coming year, with much Conference in the coming years. In February 2016, QSNTS together with the representative bodies to help overcome connection focus on its priorities with the QRBA and the Australian National University jointly hosted the to country disputes and advance Native Title NNTC, in conjunction with the State, the Coalition annual Centre for Native Title Anthropology Holders into the PBC phase, Mr Wishart’s address of Australian Governments, and the Australian NAIDOC Week Conference at the Women’s College, University was well-received by attendees as a professional Human Rights Commission. of Queensland, in Brisbane. and insightful presentation. On 10 July 2015, QSNTS once again joined in celebrations for the culturally significant event The event attracted more than 70 participants QSNTS’ participation in the Federal Court’s of NAIDOC Week, hosting stalls both at the from a broad range of anthropological disciplines Native Title Forum is an important opportunity to Musgrave Family Fun Day in Brisbane, and the and featured an outstanding line-up of speakers, raise issues in the context of legal process, and Annual NAIDOC Expo in Rockhampton. including a keynote address from Justice Darryl such participation is intended to continue in the Rangiah of the Federal Court of Australia, covering coming years. Centred on this year’s theme, ‘We all Stand on a judge’s perspective of expert anthropological Sacred Ground: Learn, Respect and Celebrate’, evidence presented in native title matters. PBC Support Training Seminars the 2015 NAIDOC Week events were an overwhelming success, with QSNTS staff working QSNTS CEO Kevin Smith also presented a brief In May 2016, specialist training provider the tirelessly to engage more than 1,500 visitors address regarding the challenges of proving Aurora Project hosted a PBC support training collectively across both sites to share news, connection to country in native title matters, program in Brisbane, entitled Communicating information and developments in the field of native a matter further explored by Adelaide-based PBC Governance and Corporate Requirements. title in Queensland. anthropologists Drs Deane Fergie, Rod Lucas and QSNTS Future Acts Legal Officer Kelly Thomas- linguist Paul Monaghan in a film exploring how Greer was engaged to present a part of the training QSNTS stalls in Brisbane and Rockhampton each concurrent anthropological evidence is provided in seminar to other participants, and QSNTS Legal featured colourful displays of photographs from the contested claims before the Federal Court. Officer Tony Kelly also assisted in the facilitation of many consent determinations made since 2011, the training modules.

Western Kangoulu Country

37 | Queensland South Native Title Services Annual Report 2015 – 2016 | 38 as well as maps displaying the claim areas of the 2015, shifting from a static platform to a more various claimant groups within the QSNTS region dynamic and responsive interface that brings the of responsibility. Children enjoyed the Indigenous organisation’s digital profile into a more modern era. art colouring-in station, while parents and other visitors were given free pens and USB sticks, pre- The new website focuses on an easy-to-navigate loaded with interesting fact sheets about QSNTS layout that features photography of iconic and our native title work. landscapes within our region, news articles about Traditional Owners with whom QSNTS Feedback from both the Brisbane and is working, and encompasses claim-specific Rockhampton events was overwhelmingly positive, information that benefits stakeholders including setting the pace for QSNTS’ next stalls at the 2016 claimants, representatives of the State, members of NAIDOC Week celebrations. the media, and the wider public. Public notices for upcoming authorisation meetings are also featured on the website, along with a comprehensive • On 21 - 21 June 2016, the Darumbal People With claimants, QSNTS also maintains information section about the native title system, were featured extensively on Channel 7 Central communication through the distribution of claim ORGANISATIONAL extensive insight on Future Acts, and background Queensland, WIN News and ABC News, with newsletters. Compiled on an ad hoc basis as information about QSNTS itself. coverage also appearing in the Koori Mail and developments come to light, claim newsletters CAPABILITY the Morning Bulletin in relation to their native share information about ongoing research toward The improvement of the QSNTS website is title consent determination; and connection to country, upcoming authorisation considered an ongoing project which changes in Indigenous Procurement • QSNTS has also intermittently fielded enquiries meetings, and progress on the matter as it line with a dynamic operating environment. In the on other matters, including the Mandandanji proceeds through the Federal Court. coming year, plans are afoot for integrating QSNTS’ QSNTS is committed to supporting Indigenous People’s native title claim, the Wangan and commitment to the establishment of its PBC- employment and business opportunities through Jagalingou native title claim, and general insight In this reporting period, QSNTS has sent a focused Implementation and Management Division, the procurement of goods and services supplied on native title activity in Queensland. total of approximately 25 claim newsletters to by Indigenous providers. In the 2015-16 financial providing a one-stop-shop for Native Title Holders claimant groups and stakeholders involved in year, QSNTS sourced Indigenous businesses to peruse the services available through QSNTS QSNTS’ research activities. QSNTS also sent Stakeholder Engagement specialising in catering, equipment hire, venue hire to advance their native title endeavours. its Message Tree to over 380 Applicants, PBC and security to supply and support its five consent Over the course of the reporting period, several Directors and other stakeholders in December determinations, meetings and other events. Media Engagement publications and QSNTS materials were reviewed 2015, and distributed a mid-year newsletter to and updated to incorporate feedback from QSNTS more than 1,000 recipients at the 2016 NAIDOC Media engagement provides QSNTS with an QSNTS continues to invite new partnerships clients and staff. In particular, font sizes were Week celebrations. opportunity to build rapport as a native title service with Indigenous businesses by advertising for increased in published materials and designs and spread awareness about this important field expressions of interest. were updated for a consistent and modern The coming year presents new challenges for of work. With two consent determinations and appearance that reflects the QSNTS brand. QSNTS’ media and communications division significant progress in other native title matters Updated publications include the Compliments and as new services are developed to address the made in this reporting period, QSNTS has fielded Media and Communication Activities Complaints Brochure, the Native Title Handbook, needs and demands of Native Title Holders media enquiries and received coverage from a staff business cards and QSNTS letterheads for following native title determination. New endeavours variety of news outlets, as follows: QSNTS’ media and communications activities Brisbane, Mt Isa and Rockhampton offices. are currently afoot in website development to form a pillar of strategic support that elevates the aid economic development and communication • On 11 February 2016, QSNTS PLO Tim organisation in terms of stakeholder engagement, Additionally, as part of its communication strategy for PBCs, while services in media and marketing Wishart spoke with ABC Western Queensland advocacy efforts and ongoing assistance for Native with stakeholders, QSNTS distributes an average materials are also under development. Radio in an interview about the Koa People’s Title Holders in the post-determination phase. of two newsletters each year to stakeholders native title claim filed on 15 July 2015; Maintaining a suite of communication mediums associated with the range of research projects In the coming year, QSNTS will continue to expand and engaging opportunities to connect with • The Mithaka People’s consent determination currently under way in the QSNTS region. These its communications strategy to promote positive stakeholders is a top priority for the organisation. hearing held on 27 October 2015 attracted newsletters provide progress information on outcomes in the field of native title. media attention from a large volume of outlets, anthropological reports, studies and other activities including The Australian, Brisbane Times, New Website Launched relevant to the area, and invite individuals to Queensland Industry Advocate, Longreach participate in research in order to aid potential After a significant period of planning and review, Leader, Western Times and National native title claims in future. QSNTS launched its new-look website in November Indigenous Radio, as well as video coverage by ABC News;

Mithaka Country

39 | Queensland South Native Title Services Annual Report 2015 – 2016 | 40 In light of new developments that recognise Prescribed Bodies Corporate (PBC) the demand for ongoing support delivered to LEGEND Traditional Owners after a native title determination FUTURE ACTS Support Program Tenement Type: Legend has been made, QSNTS is expanding its The QSNTS PBC Support Program operated for its commitment to PBCs in future with the In the 2015-16 reporting period, QSNTS ATP/EPP Authority to Prospect third year during this reporting period, providing an establishment of the QSNTS Implementation and continued providing support to clients dealing EP Expedited Procedure effective tool in aiding Indigenous communities to Management Division. With a new organisational with Future Acts in relation to their native title achieve self-determination. structure taking effect from 1 July 2016, QSNTS claim areas. EPC Exploration Permit for Coal will be better positioned to assist PBCs earlier EPM Exploration Permit for Minerals As part of its PBC Support Program, QSNTS in the native title process and offer a wider range NOTIFICATIONS MDL Mineral Development License assisted a number of Traditional Owner groups to of services that balance the future demands for Total s24 Notifications received: 892 submit Basic Support Funding applications prior to economic development with Native Title Holders’ MC Mining Claim the commencement of the 2015-16 financial year, unique community cultures. Total other Notifications received: 212 ML Mining Lease with approval granted to the following groups: (NTPCs, ILUA-related tenures and other miscellaneous notices) PL Petroleum Lease • Boonthamurra; RTN Right to Negotiate • Budjiti; Total s29 Notifications received: 690 SP Sales Permit • Butchulla; (Breakdown below) • Gunggari; S29 Notifications • Jinibara; • Kooma; and Number of Notices Type Total Number of • Kullilli. Tenement Type (Groups Represented Notices Received by QSNTS) EP RTN QSNTS also provides facilities to support PBCs in ATP/EPP 8 1 0 8 conducting annual general meetings and strategic planning. As an example, in December 2015 and EPC 6 0 6 0 again in March 2016, QSNTS acted as a support EPM 147 48 125 22 and provided facilities to the Kalkadoon People for the purposes of hosting a strategic planning MDL 7 1 7 0 meeting together with stakeholders operating MC 497 223 0 497 within the community’s native title area, and ML 23 4 0 23 members of the community itself. PL 2 0 0 2 SP 0 0 0 0 Total 690 277 138 552

Left: QSNTS team members on Boonthamurra country, Right: QSNTS Right: QSNTS PLO Tim Wishart with a Boonthamurra youth at their consent Board Director Bernie Yates presents a gift from QSNTS to the determination, Left: QSNTS Legal Officer Coby Foster together with Boonthamurra People. members of the Budjiti People. 41 | Queensland South Native Title Services Annual Report 2015 – 2016 | 42 OBJECTION APPLICATIONS

Objection Application Status Number of Applications

Objection Lodged 50 Finalised Objection Applications 40

AGREEMENT MAKING

Negotiations Negotiations Active Tenements Negotiations Commenced Finalised Negotiations Abandoned

ATP 0 0 6 0 EPM and EPC 60 57 29 10 ML 4 2 2 0 MDL 1 2 0 0

MC 65 0 69 0 Total 130 61 106 10

ILUAS

Total Number of ILUAs Registered within QSNTS Region: 61 Total Number of ILUAs Notified within QSNTS Region: 60 CORPORATE GRANT FINANCIAL PERFORMANCE REPORT REPORT

QSNTS ACTUAL BUDGET ACTUAL VARIANCE FUNCTIONS 2014-15 2015-16 2015-16

Expenditure Capital 146,880 150,000 119,737 30,263 Activities 7,286,491 7,936,366 6,609,895 1,326,471 Corporate 2,972,991 3,209,634 3,013,845 195,789 Commitments 1,445,961 1,576,169 978,241 597,928 Total 11,852,323 12,872,169 10,721,718 2,150,451

Western Kangoulu Country

43 | Queensland South Native Title Services Annual Report 2015 - 2016 | 44 GOVERNANCE CORPORATE FORMER BOARD Statement of Main Corporate Governance Practices in place GOVERNANCE MEMBERS The QSNTS Constitution forms the basis of our internal governance and regulates our activities The QSNTS governance framework comprises of QSNTS Directors and Office Bearers as through its objects and powers. the following elements: at 30 June 2016: The QSNTS Constitution outlines specific • Legislative framework (NTA, Corporations Act Chairperson instructions for the composition of the Board 2001) Colleen Wall of Directors, stating that at least one third of • QSNTS Constitution; the Board must be of Aboriginal or Torres Strait Deputy Chairperson • QSNTS Board Charter; Islander descent. This currently stands at more Bradley Saunders • Board of Directors; than half. Director • CEO and Executive The Board comprises persons with knowledge James William - Director Bernie Yates and expertise in areas of native title, anthropology, James was born and raised on Masig (Yorke Indigenous economic development and dealings Director Island) and is an active member of the Kulkalgal Ya with service providers. Michael Cawthorn people of the central islands of the Torres Strait. James has lived in South East Queensland for 20 A Board Charter was produced which is Director years and has over 15 years’ experience working supplementary to and guided by the Constitution. Pele Bennet with Aboriginal and Torres Strait communities The Board Charter was prepared as part of their in Queensland and other states and territories. commitment to providing good governance and Director Throughout his career, James has worked in was designed to assist the Board to maximise Selwyn Button a variety of fields, including housing, training, performance through reviewing and adopting best employment and economic development. James governance practices. In the new financial year, operates as a management consultant to private the Board Charter is being placed under review and public sector organisations, and specialises for refinement and improvement in future. in areas such as strategy, organisational change, and human capital development. James has also In this reporting period, QSNTS welcomed developed specialist knowledge and works as a contributions from its two new Board Members subject matter expert in the emergent space of who were appointed as of 10 July 2015, and corporate social responsibility and has worked extended thanks to one former Board Member extensively on major projects involving Indigenous following his departure at the commencement Australians in mining and construction industries. of the 2015-16 reporting period. James concluded his service on the QSNTS Board of Directors as of 31 August 2015.

45 | Queensland South Native Title Services Annual Report 2015 – 2016 | 46 Colleen Wall – Chairperson Bernie Yates – Director Pele Bennet – Director BOARD MEMBERS AS Colleen is the daughter of Herb and Alfa Geiszler Born in Broken Hill, Western New South Wales, Pele is a descendent of the Waggadaggam People (nee Beezley), granddaughter of Bert and Mary Bernie is a father of four and grandfather of five who from St Paul’s Village on Moa Island in the Torres AT 30 JUNE 2016 Beesley (nee Minniecon), and a Senior Dauwa now hails from Canberra in the Australian Capital Straits - Totemic association: Kadal (Saltwater Kabi Woman from the Mary tributaries. Colleen is Territory. He currently works part-time as a volunteer Crocodile) & Baidham (Tiger Shark). Born and knowledgeable in Aboriginal Land Law and cultural and a consultant, with a focus on improving the raised in Brisbane and now a proud member of the balance in healing through Ancestors, recognises capacity of both Indigenous organisations and region’s Indigenous community, Pele commenced the important responsibility that Grandmothers government agencies to strengthen their working her career as a trainee in hearing health and hold in maintaining this practice. She recognizes relationships and ability to achieve positive has since worked within the health sector for that importance of acknowledging Mother Earth outcomes. Prior to retiring from the Australian approximately 16 years. Pele now sits on the board and respective Murang (Totems) as significant Public Service, Bernie worked in policy and service as a Director of Queensland’s oldest community- beings in maintaining balance in spiritual, physical delivery areas for various Australian Government controlled health organization, ATSICHS, and has and mental health, as well as the value of teaching agencies, including Treasury and Employment and maintained a clear sense of obligation to support children’s Lore Stories in developing healthy Industrial Relations. Bernie moved into Indigenous Aboriginal and Torres Strait Islander workers, cultural growth in our youth. Colleen is currently a affairs in the early 2000s, first with ATSIC and families and communities, committing herself Member of Family Law Council Australia and has the then the Department of Families, Housing, to better health outcomes and opportunities for presented an Aboriginal Child Rearing Practice Community Services and Indigenous Affairs to help them succeed in paper to them. She works to deliver cultural (FaHCSIA). Before retiring, Bernie was involved in their life journeys. Pele holds qualifications in a programs to companies like Black History Month developing the Council of Australian Governments’ number of fields, including a Bachelor of Health for Brisbane City Council and Clancestry Festival Closing the Gap Strategy and represented the Science – Aboriginal Community Development for Queensland Performing Arts Centre. Currently, Australian Government at the United Nations from the University of Sydney, and certificates as a Colleen is working on a Project documenting Permanent Forum on Indigenous Affairs. He is also trainer/educator and mentor. Pele is also currently Aboriginal Grandmother’s Law for use in areas an independent director of an Aboriginal Medical working toward a certificate-level qualification in such as Child Protection and Family Law as well Service in the Top End. company directorship. Pele joined the QSNTS as developing an A&TSI Engagement Policy for Board of Directors on 10 July 2015. Brisbane Power House. Michael Cawthorn – Director Michael is from Melbourne and has lived in Alice Selwyn Button – Director Bradley Saunders – Deputy Chairperson Springs for the past twelve years. His professional Selwyn is a Gunggari man raised in Cherbourg, A Regional Director of the Department of Aboriginal experience includes working in museums and South West Queensland. Prior to his appointment and Torres Strait Islander and Multicultural Affairs with Aboriginal Land Councils, specialising in as Assistant Director-General, Indigenous (DATSIMA), Bradley boasts significant experience native title research, cultural heritage management Education – State Schools in August 2014, Selwyn leading complex organisations to implement and protection under various heritage legislation held the position of CEO to the Queensland and manage successful programs addressing regimes, negotiation and land access agreement Aboriginal and Islander Health Council (QAIHC) human rights for Indigenous peoples in the making and advice in relation to repatriation and was the Chairperson of the Aboriginal and areas of employment, education and training, programs. Having served previously as Deputy Torres Strait Island Community Health Service child safety and housing in remote and rural Director of the Museum and Art Gallery of the Brisbane Limited. A former teacher and police Queensland. Bradley is a Gunggari (goon-gar-ee) Northern Territory and the Strehlow Research officer with the Queensland Police Service for Aboriginal Traditional Owner from the Maranoa Centre, as well as Vice President of Museums approximately six years, Selwyn has also served River region of Western Queensland who brings Australia (Northern Territory), Michael now works as Director, Indigenous Health Policy Branch personal knowledge about Indigenous customs as an independent consultant anthropologist. with Queensland Health and worked within the and protocols, along with extensive experience Department of Education and Training. Selwyn negotiating with and for Aboriginal groups and is also a Director of The Lowitja Institute, Oxfam leading Aboriginal organisations. Bradley joined the Australia and has served on a variety of councils QSNTS Board of Directors on 2 April 2015. and committees, including the Queensland Indigenous Education Consultative Committee, Queensland Council of Social Services and the Queensland Aboriginal and Torres Strait Islander Human Services Coalition. Selwyn joined the QSNTS Board of Directors on 10 July 2015.

Top left: Colleen Wall, Top right: Bradley Saunders, Middle left: Bernie Yates, Middle right: Michael Cawthorn, Bottom left: Pele Bennet, Bottom right: Selwyn Button. 47 | Queensland South Native Title Services Annual Report 2015 – 2016 | 48 Meeting Attendance EXECUTIVE PLANNING AND From the period of 1 July 2015 to 30 June 2016, Director attendance at meetings was as follows: MANAGEMENT REPORTING

In this reporting period, QSNTS continued with The QSNTS Executive Team consists of: No. of its long-term goals as described in the QSNTS No. of Meetings Strategic Plan 2013-2016. This comprises five Directors Meetings • Mr Kevin Smith, CEO; Eligible primary goals for QSNTS service delivery, Attended to Attend • Mr Paul Davies, CFO; and which include: • Mr Tim Wishart, PLO. Colleen Wall 5 5 1. Providing high quality professional services (Chairperson) Kevin Smith – CEO to secure native title or alternative settlement outcomes for Traditional Owners; Bradley Saunders 5 4 Kevin is a descendant of the Meriam Peoples of (Deputy Chair) 2. Establishing, developing and maintaining a the Torres Strait with traditional connections to leading dispute resolution capability; Ugar (Stephen Island) and Erub (Darnley Island). Michael Cawthorn 5 5 Kevin has over 20 years’ professional experience 3. Strengthening organisational capability in Indigenous affairs including senior positions with and reputation; 4. Developing and maintaining a support Bernie Yates 5 4 the National Secretariat of Torres Strait Islander Organisations, the Brisbane Aboriginal and Torres capability to enable PBCs to manage and Strait Islander Legal Service, the NNTT, the maximise native title outcomes; and Pele Bennet 4 3 NNTC and Aboriginal Hostels Limited. Notably, 5. Advocating to reform and improve the native Kevin successfully led the amalgamation and title system through influencing policy, incorporation of the former Gurang and greater Selwyn Button 4 2 legislation and administrative processes. Mount Isa region of Carpentaria Land Council areas into QSNTS in 2008. He holds qualifications Progress toward these goals is mapped through the James William 2 0 in both law and business management from the QSNTS Operational Plan, which in this reporting University of Queensland, and was admitted as a period was provided to the DPMC on 27 May 2015. solicitor in 1994. The Operational Plan also comprises the QSNTS case management plans relating to native title claims Tim Wishart – PLO managed by the organisation, and monitored through regular meetings of each service delivery team. Tim has worked in legal practices for 28 years and was admitted to practise as a solicitor in 1991. His Claim updates are provided on a regular basis to legal background is predominately in litigation and the PLO, who forms a part of the Executive Team. commercial law. Tim was appointed as QSNTS’ Performance against the Operational Plan PLO in September 2011. is assessed by the Executive Team on a quarterly basis, and a wider organisational performance Paul Davies – CFO report is submitted to the DPMC for review on a biannual basis. Paul was admitted as a Certified Practicing Accountant in 2003 after completing his studies at the Queensland University of Technology. Paul has acquired a range of experience in the public and not-for-profit sectors, both in Australia and overseas. With eight years’ experience in Native Title working for both representative bodies and service providers in Queensland, Paul has the skills required to assist PBC’s to develop and maintain their corporate structures.

Top Left: Kevin Smith, Top Right: Tim Wishart, Bottom Left: Paul Davies

49 | Queensland South Native Title Services Annual Report 2015 – 2016 | 50 on a bi-weekly basis and stored in an external data In addition to the above, QSNTS also protects centre for salvation, preventing loss of corporate against issues around remuneration, industrial RISK knowledge in the event of an incident affecting relations and employment conditions through strict ETHICAL on-site data management. and efficient record-keeping protocols in respect MANAGEMENT of human resource matters, and retains adequate STANDARDS levels of WorkCover for the safety and security of QSNTS employees are expected to maintain a Workforce Planning the QSNTS team. Data Retention high standard of integrity, honesty and fair dealing, QSNTS operates in a dynamic environment that and to conduct themselves at all times so as to As part of the QSNTS risk management strategy, an often requires a responsive approach to meeting reflect positively on the good standing and best electronic data management system is maintained Events Planning and Management the ebb and flow of native title claim work and interests of the organisation. to help manage both physical and electronic ongoing support for Traditional Owners following QSNTS undertakes a vast range of off-site events documents from initial drafting to final disposal. To this end, it is a requirement among employees native title determination. To ensure this work is and activities that present risks and challenges of Following the transition from the Total Records that cultural diversity be recognised and respected managed with minimal risk to clients and to the their own. These include consent determination and Information Management (TRIM) system to the to provide culturally appropriate services that are organisation itself, QSNTS undertakes ongoing hearings and celebrations, authorisation meetings Hewlett Packard Records Management (HPRM) professional, accountable, collaborative and workforce planning to address client demands held for claimant groups, on-country field trips for system in early 2015, QSNTS has retained openly communicated. and needs as they arise. the purposes of research, QSNTS representation commitment to minimising organisational risk at cultural events such as NAIDOC Week, and through stringent record-keeping in accordance In pursuing this goal, QSNTS at all times aims to: In this reporting period, QSNTS operated for its stakeholder attendance at conferences, seminars with QSNTS policies and procedures. first full year under the organisational restructure and advocacy meetings over the course of the year. • treat all clients fairly and impartially; implemented in April 2015 to respond efficiently HPRM encompasses controlled security protocols to the changing needs of clients. Feedback was To manage the risks and challenges associated • recognise and respect cultural and that ensure files are securely stored and protected invited from the QSNTS team in April 2016, and with these events, QSNTS retains a structured other diversity; to preserve solicitor-to-client confidentiality and a new consultation period commenced in the Community Relations Unit which identifies such • provide explanations for required processes and eliminate potential conflicts of interest that may reporting period to undertake workforce planning risks and addresses them routinely with thorough standards, and present such explanations in a arise as a native title service provider working to meet demands associated with the ongoing planning and adherence to organisational form clients can understand; together across various native title matters. development of PBC support initiatives in the policies and procedures. QSNTS allocates a Documents can be linked to and updated to • ensure clients are able to discuss decisions native title space. The resulting structure will be significant portion of its operations budget to preserve consistency and facilitate sharing of which affect them with someone who is able to implemented in the 2016-17 reporting period. the coordination of events, and considers each information within relevant teams. understand and respond to their concerns; engagement opportunity against a cost-benefit • listen to client suggestions for improvement to analysis to ensure QSNTS and its clients can QSNTS’ record management system ensures services and give serious consideration to all maximise outcomes without unmitigated risk to obligations are met in respect of information the suggestions QSNTS receives; and the organisation’s overall operation. discovery and regulatory requirements, • collaborate meaningfully with a wide consequently supporting organisational range of government, industry and other transparency and governance. Data is backed up stakeholders to achieve the best outcomes for Traditional Owners.

Left: QSNTS CEO Kevin Smith with Darumbal Applicant and Chairman Left: QSNTS CEO Kevin Smith congratulates the Darumbal People on their Warren Malone, Right: QSNTS Directors Brad Saunders and Pele Bennet consent determination Right: QSNTS Legal Officer Jesse Land with PLO Tim with CEO Kevin Smith at the Darumbal People’s consent determination. Wishart at the Mithaka People’s consent determination. 51 | Queensland South Native Title Services Annual Report 2015 – 2016 | 52 These standards of service and organisational objectives are detailed in the QSNTS Policy and Procedure Manual, which is available to all EXTERNAL employees on the company intranet and through the records management system. Employees are SCRUTINY assessed in accordance with QSNTS’ ethical For this reporting period, an independent standards and values concurrently with regular annual financial audit was conducted by PKF Di performance reviews. Breaches of QSNTS’ ethical Bartolo Diamond & Mihailaros and is appended standards are treated seriously and may result in to this report. appropriate disciplinary action. REMUNERATION

The QSNTS Enterprise Agreement 2015 – 2017 was accepted by the Fair Work Commission on 19 August 2015, which governs all aspects of employment with QSNTS, including remuneration of staff. Salary scales correspond with a competency framework outlining the key responsibilities of each position.

QSNTS staff have the opportunity to advance their remuneration on two occasions each year, as follows:

• On 1 January each year, salary increases based on the Consumer Price Index are awarded to employees, as determined by the Australian Bureau of Statistics; and • On 1 July each year, salary increases HUMAN RESOURCES may be awarded based on a performance- based appraisal. This structure facilitates the provision of feedback to employees and managers, identifying development needs and opportunities while simultaneously REPORT assessing performance.

The Australian Taxation Office recognises QSNTS as a Public Benevolent Institution, enabling employees to participate in a salary packaging scheme that offers additional benefits through taxation savings. This scheme is facilitated by external supplier Advantage Salary Packaging.

Overall, the QSNTS remuneration strategy facilitates the recruitment and retention of a skilled workforce qualified to deliver high quality services and results to clients and other stakeholders.

Western Kangoulu Country

53 | Queensland South Native Title Services Annual Report 2015 - 2016 | 54 proposed transition was well received with no Nicolas Daza was engaged in July 2015 to join WORKFORCE negative or formal feedback being presented to our Research Team as a Research Administration Human Resources Management or the Union on WORKFORCE Officer. Our Legal Team also welcomed four the proposed organisational structure or shift in new Legal Officers, Anna Rettke, Jessica Ling, PLANNING work focus. PROFILE, RETENTION Elizabeth Cowley and Natascha Sommer, as well The legal services restructure that took place in as two Paralegal Officers, Annie O’Riley and Kathy In May 2016, Human Resources Management 2015 was the largest change management process AND TURNOVER Butterfield during this reporting period. engaged Nous Group to assist with developing undertaken by QSNTS. the framework to support the transition into the As at 30 June 2016, QSNTS has a workforce of work to be undertaken by the Implementation 53 staff with a profile as follows: In January 2016, a review was undertaken of and Management Division. The technical and that change management process, and Human TRAINING AND behavioural framework that underpins the Permanent 33 Resources Management held workshops with each performance management systems needs to occupational group to determine the strengths Contract 20 DEVELOPMENT include a framework for the work to be performed and weaknesses of the implementation of the Casual 1 in supporting the establishment and management In this reporting period, QSNTS engaged an new model. F/Time 48 of PBCs. Indigenous trainee, Joseph Mosby, who joined P/Time 4 The feedback was collated and presented to our Corporate Team as an administration assistant. As the nature of the work is shifting to focus on Male 26.40% the management team in February 2015. The Joseph is undertaking a Certificate III in Business the post-determination environment, the position management team workshopped recommendations Female 73.60% during his 12-month traineeship with QSNTS. descriptions need to be reviewed and updated for improvements based on the information Indigenous 24.50% to ensure they reflect the changing nature of the In 2015-16, Human Resources Management also received. One issue that became apparent TOTAL 53 work for those staff affected by the transition to the throughout the course of the feedback process endeavoured to identify needs for all staff training Implementation and Management Division. and deliver training opportunities to groups or was that the Research Officers and Community There were a total of eight exits during this Relations Officers could be better utilised as a team cohorts in accordance with our findings. Workforce planning behind the transition has reporting period, which gives a turnover rate by focusing on assisting with services associated resulted in two staff transitioning into Community of 15.1%. With the move into the post-determination space, it with implementation and management of native title Relations Officer roles, Brigitte Bin Awel and was identified that staff working with PBCs would once a determination had been achieved. A number of secondments have continued Carmen Cooms-Delaney. Both staff members require specific training around requirements, had been performing the Community Relations throughout the 2015-16 reporting period. These Across April and May 2016, workshops were development and management of PBCs. The Officer role supporting PBCs as part of hybrid are expected to continue until June 2017 and are held with each team to address specific feedback Aurora Project delivered a Structuring Entities roles with others teams, they will now be dedicated a result of the restructure undertake by QSNTS and recommendations for improvement from the webinar and PBC Support: Communicating PBC to Community Relations Officer roles. in early 2015. restructure review completed in February and also governance and corporate governance seminar, to open up discussions and consultation around both of which provided knowledge around the the proposed transition to the Implementation administrative requirements of PBC establishment and Management Division. Consultation on the and management.

Left: QSNTS Research Officer Andrew Rayner with members of the Mithaka Left: QSNTS Client Relations team members Erin Lang and Brigitte Bin Awel. People, Middle: QSNTS Deputy Legal Officer Andrea Olsen receives a gift Right: QSNTS staff members Rachel Bray and Richard Sporne at the Darumbal from the Darumbal People. People’s consent determination hearing. 55 | Queensland South Native Title Services Annual Report 2015 – 2016 | 56 Excluding mandatory training, such as for safety The Rockhampton and Mount Isa offices also abide and cultural awareness, a breakdown of training fire safety obligations with the use of appropriate opportunities by business functions during this equipment in the office and fire evacuation plans. reporting period is as follows: LOOKING AHEAD: HUMAN RESOURCES IN 2016-17

Over the coming year, we expect the following areas to be a priority for our Human Resources team:

• Supporting the transition to the Implementation and Management Division through: – Training to identify skills needed for Legal (49.98%) the transition, sourcing and rolling out Research (13.10%) suitable training;

Community and Client Relations (5.88%) – Review of position descriptions to ensure

Implementation and Development Division they accurately reflect the transition of  (18.30%) responsibilities to cater for pre and post determination work; Corporate (9.80%) – Development of a technical framework for Management (2.94%) Implementation and Management Division and Future Acts work; QSNTS remains committed to providing learning and development opportunities for all of our staff. • Identifying areas for improvement in workplace health and safety, for both office-based staff and fieldworkers; FINANCIAL • Connecting regional offices by working on OCCUPATIONAL communication and processes for regional staff to feel more a part of the QSNTS team; and HEALTH AND SAFETY • Continuous improvement in performance management systems and processes. REPORT QSNTS continues its commitment to field safety by ensuring all operational staff have undertaken first aid and 4WD training. Our Human Resources Officer has completed a Certificate IV in Work Health and Safety and will be involved in the running of the QSNTS Safety Committee.

QSNTS is also committed to fire safety compliance. In the Brisbane office, Events Officer Kerrie Liddle is appointed as the Fire Warden, and Knowledge Management Officer Sarada Roa and Human Resources Officer Leah Campbell are appointed as Area Wardens in the event of a building evacuation.

Koa Country

57 | Queensland South Native Title Services Annual Report 2015 - 2016 | 58 TABLE OF DIRECTORS’ CONTENTS REPORT

Directors’ Report ...... 60 Queensland South Native Title Services Limited | ABN 88 114 581 556

Your directors present their report on the company for the financial year ended 30 June 2016. Auditor’s Independence Declaration ...... 65 Financial Report Directors Statement of Comprehensive Income...... 65 The names of the directors in office at any time during or since the end of the financial year are: Statement of Financial Position ...... 67 Colleen May Wall Pele Bennet (started as a Director 10 July 2015) Statement of Changes in Equity...... 68 Bradley Saunders Selwyn Button (started as a Director 10 July 2015)

Statement of Cash Flows ...... 68 Bernie Yates Michael Cawthorn James William (ceased as a Director 31 August 2015) Notes to the Financial Statements ...... 69 Directors have been in office since the start of the financial year to the date of this report unless Directors’ Declaration ...... 78 otherwise stated.

Independent Audit Report ...... 79 Information on Directors Auditors’ Disclaimer of Additional Information...... 81 The information on directors is as follows: Additional Information ...... 82 Colleen Wall (Chairperson) Colleen, daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beesley (nee Minniecon), and a Senior Dauwa Kabi Woman from the tributaries of Munna and Wide Bay Creek region and is knowledgeable in Aboriginal Land Law, and the cultural balance needed to heal through the Ancestors and recognizes the important responsibility that Grandmothers hold in maintaining this cultural practice. She recognizes the importance of acknowledging Mother Earth and respective Murang (Totems) as significant beings in maintaining balance in spiritual, physical and mental health, as well as the value of teaching children’s Lore Stories in developing healthy cultural growth in our youth. Colleen is a former Member of Family Law Council Australia and presented an Aboriginal Child Rearing Practice paper to them to inform Family Law Council Report on Parentage and the Family Law Act December 2013 in relation to the importance of a mother’s bloodline to traditional country. She delivers cultural programs to entities like Brisbane City Council and Clancestry Festival for Queensland Performing Arts Center. Recently Colleen developed an A&TSI Engagement Policy for Brisbane Power House and now as a Director of Aqua Dreaming Ltd she is working to establish a framework for the use of Aboriginal Grandmother’s Law in areas such as Child Protection and Family Law.

Bradley Saunders (Deputy Chairperson) A Regional Director of the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA), Bradley boasts significant experience leading complex organisations to implement and manage successful programs addressing human rights for Indigenous peoples in the areas of employment, education and training, child safety and housing in remote and rural Queensland. Bradley is a Gunggari (goon-gar-ee)

59 | Queensland South Native Title Services Annual Report 2015 – 2016 | 60 James William (Director) Aboriginal traditional owner from the Maranoa River region of Western Queensland who brings personal knowledge about Aboriginal and Torres Strait Islander customs and protocols, along with extensive experience James was born and raised on Masig (Yorke Island) and is an active member of the Kulkalgal Ya People of negotiating with and for Aboriginal groups and leading Aboriginal organisations. the central islands of the Torres Strait. James has lived in South East Queensland for 20 years and has over 15 years’ experience working with Aboriginal and Torres Strait communities in Queensland and other states and territories. Throughout his career, James has worked in a variety of fields, including housing, training, Michael Cawthorn (Director) employment and economic development. James operates as a management consultant to private and public Michael is from Melbourne and has lived in Alice Springs for the past twelve years. His professional sector organisations, and specialises in areas such as strategy, organisational change, and human capital experience includes working in museums and with Aboriginal Land Councils, specialising in native title development. James has also developed specialist knowledge and works as a subject matter expert in the research, cultural heritage management and protection under various heritage legislation regimes, negotiation emergent space of corporate social responsibility (CSR) and has worked extensively on major projects and land access agreement making and advice in relation to repatriation programs. Having served previously involving Indigenous Australians in mining and construction industries. as Deputy Director of the Museum and Art Gallery of the Northern Territory and the Strehlow Research Centre, as well as Vice President of Museums Australia (Northern Territory), Michael now works as an independent consultant anthropologist. Meetings of Directors

During the reporting period the Board held five meetings. Details of attendance by individual Board members Bernie Yates (Director) are provided below. Since 2010, Bernie has worked part-time as a volunteer and a consultant, with a focus on improving the capacity of both Indigenous organisations and government agencies to strengthen their working relationships Attendance at Board and Committee Meetings and ability to achieve positive outcomes. Prior to this, Bernie’s career was in the Australian Public Service 1 July 2015 – 30 June 2016 working in policy and service delivery areas for various agencies, including Treasury and Employment and Industrial Relations. He moved into Indigenous affairs in the early 2000s, with ATSIC and the then Department DIRECTORS DIRECTORS’ MEETINGS of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Bernie was involved in Meetings Eligible to attend Meetings attended developing the Council of Australian Governments’ Closing the Gap Strategy and represented the Australian Colleen Wall (Chairperson) 5 5 Government at the United Nations Permanent Forum on Indigenous Affairs. He is also an independent director of an Aboriginal Medical Service in the Top End. Bradley Saunders (Deputy Chair) 5 4 Michael Cawthorn 5 5 Pele Bennet (Director) Bernie Yates 5 4 Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits. Pele Bennet 4 3 Born and raised in Brisbane and a proud member of the region’s Indigenous community, Pele commenced her career as a trainee in hearing health and has since worked within the health sector for approximately Selwyn Button 4 2 16 years. Pele has maintained a clear sense of obligation to support Aboriginal and Torres Strait Islander James William 2 0 workers, families and communities, committing herself to better outcomes and opportunities for Indigenous Australians to help them succeed in their life journeys. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, Operating Results and certificates as a trainer/educator and mentor. Pele is also currently working toward a certificate-level qualification in company directorship. The surplus for the financial year was $122,004.

Selwyn Button (Director) Principal Activity Selwyn is a Gunggari man raised in Cherbourg, South West Queensland. Prior to his appointment as Assistant Director-General, Indigenous Education – State Schools in August 2014, Selwyn held the position The objects of the company are pursued by: of CEO to the Queensland Aboriginal and Islander Health Council (QAIHC) and was the Chairperson of the Aboriginal and Torres Strait Island Community Health Service Brisbane Limited. A former teacher and police 1) providing native title services to Aboriginal and Torres Strait Islander People in the southern half of officer with the Queensland Police Service for approximately 6 years, Selwyn has also served as Director, Queensland as prescribed in the Native Title Act 1993 (Cth); Indigenous Health Policy Branch with Queensland Health and worked within the Department of Education 2) enhancing the capacity of Traditional Owners to be autonomous in pursuing their rights and interests; and and Training. Selwyn is also a Director of The Lowitja Institute, Oxfam Australia and has served on a variety 3) advocating for reform and improvement to the native title system. of councils and committees, including the Queensland Indigenous Education Consultative Committee, Queensland Council of Social Services and the Queensland Aboriginal and Torres Strait Islander Human Services Coalition. Selwyn joined the QSNTS Board of Directors on 10 July 2015.

61 | Queensland South Native Title Services Annual Report 2015 – 2016 | 62 Objectives Strategy for Achieving the Objectives QSNTS achieves its objectives by implementing a business model based on multi-disciplinary, professional QSNTS aims to assist traditional owners to realise their aspirations to land and waters through the provision case management teams. These teams work with appropriate external experts to develop, implement of statutory services, capacity development initiatives and system reform. The short to medium term focus of and review case plans, in consultation with clients and stakeholders, designed to gather credible and the organisation is the preparation, prosecution, negotiation and settlement of current and prospective native comprehensive evidence that achieves native title and related outcomes within designated timeframes. The title claims. Supporting this objective is the development of traditional owner capacity to understand the operational needs of the organisation are supported by a corporate team, including finance, human resources, native title process throughout the claim process and continuing into the future following a determination. In information technology, event management and communication support. addition, QSNTS performs advocacy of broader reform to achieve procedural and substantive outcomes that make the native title process more fair and equitable. QSNTS aims to expand the range of options available More specifically, QSNTS undertakes a number of strategic activities and initiatives to achieve the for the successful resolution of native title claims. QSNTS has established an internal unit, the Prescribed organisational objectives. These include: Body Corporate Support Unit with the objective to build the capacity of PBCs to manage and maximize their recognized native title rights and interests. • Implementing sound governance and decision making structures that ensure strategic, operational, financial and case management plans are integrated as well as appropriately devised, implemented and Under s203FE of the Native Title Act 1993 (Cth), QSNTS’ role is to carry out the functions of a native title reviewed; representative body as prescribed in the Native Title Act. That includes: • Adhering to best practice electronic file management and maintaining information barriers that maintain client confidentiality; Facilitation and assistance Directly representing native title holders and claimants in native title • Fostering partnerships with key stakeholders including other native title representative bodies and service (s203BB) related proceedings. providers, QSNTS’ funding body the Department of the Prime Minister and Cabinet, State Government Assisting with the certification and registration process of native title departments and Crown Law; Certification (s203BE) applications and Indigenous Land Use Agreements (ILUAs). • Participating in advocacy through the National Native Title Council and also by making submissions on Trying to resolve disputes between various native title holders and claimants, legislative and administrative reform; Dispute resolution (s203BF) including facilitating agreements between these persons. • Extending organisational reach via regional offices in Mount Isa and Rockhampton;

Ensuring that notices made under the Native Title Act are brought to the Notification (s203BG) Undertaking regular communication with claim groups through a range of means including claim specific attention of relevant native title holders and claimants. newsletters. Agreement making (s203BH) Being a party to Indigenous Land Use Agreements. Significant Changes in State of Affairs Reviewing decisions made as a native title service provider and Internal review (s203BI) addressing all feedback through an internal process. No significant changes in the state of affairs of the company occurred during the financial year.

A range of miscellaneous functions including making agreements with neighbouring native title representative bodies to deal with overlapping claims, Contributions on Winding up Other functions (s203BJ) identifying potential native title holders, and promoting an understanding of In the event of the company being wound up, ordinary members are required to contribute a maximum of the Native Title Act amongst clients. $10 each. The total amount that members of the company are liable to contribute if the company is wound up is $50, based on five current members. The medium to longer term objectives of QSNTS is to expand the range of statutory services to both native title claimants and native title holders to ensure that traditional owners can harness the economic and social Signed in accordance with a resolution of the Board of Directors: opportunities associated with native title whilst protecting, practicing and preserving their culture, rights and interests to land and waters for present and future generations. QSNTS also assists Prescribed Bodies Director______Director______Corporate by providing a range of services including incorporation, communications, corporate governance, Colleen May Wall Bernie Yates native title decision making processes and grant writing; Dated: 6 October 2016 It is the vision of QSNTS that through Native Title, we drive the achievement of Indigenous self-determination to redress the past, strengthen the present and empower the future.

63 | Queensland South Native Title Services Annual Report 2015 – 2016 | 64 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership FINANCIAL

Chartered Accountants & Business Advisers REPORT

Auditor’s Independence Declaration Statement of Profit or Loss and Comprehensive Income UNDER SECTION 307C OF THE CORPORATIONS ACT 2001 for the year ended 30 June 2016 TO THE DIRECTORS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

Notes 2016 2015 I declare that, to the best of my knowledge and belief, during the year ended 30 June 2016 there has been: $ $

• no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in REVENUE relation to the audit; and Revenue from ordinary activities 2(a) 11,288,173 12,244,149 • no contraventions of any applicable code of professional conduct in relation to the audit.

PKF Di Bartolo Diamond & Mihailaros EXPENSES

Consultancy costs (2,205,095) (2,520,593)

Depreciation expenses (232,465) (258,969)

Employee benefits expense (5,634,753) (5,561,166)

Meeting costs (533,320) (592,536) Ross Di Bartolo Partner Occupancy costs (474,278) (470,061)

Travel expenses (946,901) (1,581,444) Dated: 6 October 2016 Other expenses from ordinary activities 2(b) (1,140,279) (973,493)

PROFIT/(LOSS) FROM ORDINARY ACTIVITIES 121,082 285,887

OTHER COMPREHENSIVE INCOME - -

Net gain / (loss) on revaluation of non-current assets - -

TOTAL COMPREHENSIVE INCOME - -

PROFIT / (LOSS) ATTRIBUTABLE TO MEMBERS 121,082 285,887

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation. The accompanying notes form part of these financial statements

65 | Queensland South Native Title Services Annual Report 2015 – 2016 | 66 Statement of Financial Position Statement of Changes in Equity for the year ended 30 June 2016 for the year ended 30 June 2016

Notes 2016 2015 Retained Earnings Total Equity $ $ $ $

CURRENT ASSETS BALANCE AT 1 JULY 2014 2,320,824 2,302,824

Cash and cash equivalents 3 3,572,172 3,410,407 Net Surplus for the year 285,887 285,887

Trade and other receivables 4 210,688 158,105 Balance at 30 June 2015 2,606,711 2,606,711

TOTAL CURRENT ASSETS 3,782,860 3,568,512 BALANCE AT 1 JULY 2015 2,606,711 2,606,711

Net Surplus for the year 121,082 121,082 NON-CURRENT ASSETS

Property, plant and equipment 5 1,455,904 1,474,009 Balance at 30 June 2016 2,727,793 2,727,793

TOTAL NON-CURRENT ASSETS 1,455,904 1,474,009 TOTAL ASSETS 5,238,764 5,042,521 Statement of Cash Flows for the year ended 30 June 2016

CURRENT LIABILITIES Notes 2016 2015 Trade and other payables 6 525,861 493,358 $ $

Financial Liabilities 7 - - CASH FLOW FROM OPERATING ACTIVITIES

Provisions 8(a) 732,658 687,327 Operating grant and funding receipts 12,212,723 10,836,167

Other Liabilities 9 1,181,713 1,200,646 Receipts from customers 66,558 51,302

TOTAL CURRENT LIABILITIES 2,440,232 2,381,331 Interest received 72,406 97,841

Payments to suppliers and employees (11,960,034) (12,715,241)

NON-CURRENT LIABILITIES Net cash provided by/(used in) operating activities 13(b) 391,653 (1,729,931) Provisions 8(b) 70,739 54,479

TOTAL NON-CURRENT LIABILITIES 70,739 54,479 CASH FLOW FROM INVESTING ACTIVITIES

TOTAL LIABILITIES 2,510,971 2,435,810 Payment for property, plant and equipment (315,397) (523,660)

NET ASSETS 2,727,793 2,606,711 Proceeds from disposal of motor vehicles 85,509 184,091 Net cash used in investing activities (229,888) (339,569)

EQUITY Net increase/(decrease) in cash held 161,765 (2,069,500)

Retained earnings/(Accumulated losses) 2,727,793 2,606,711 Cash at beginning of financial year 3,410,407 5,479,907

TOTAL EQUITY 2,727,793 2,606,711 Cash at end of financial year 13(a) 3,572,172 3,410,407

The accompanying notes form part of these financial statements The accompanying notes form part of these financial statements

67 | Queensland South Native Title Services Annual Report 2015 – 2016 | 68 Notes to the Financial Statements The depreciation rates and useful lives used for each class of depreciable assets are: for the year ended 30 June 2016 CLASS OF FIXED ASSET DEPRECIATION RATES/USEFUL LIVES DEPRECIATION BASIS

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES Plant and Equipment 25 – 40 % Straight Line Motor Vehicles 12.5 % Straight Line The financial report is a general purpose financial report that has been prepared in accordance with Accounting Standards, Urgent Issues Group Consensus Views and other authoritative pronouncements Furniture and Fixtures 5 – 10 % Straight Line of the Australian Accounting Standards Board and the Australian Charities and Not for Profits Commission Act 2012. (c) Employee Benefits Australian Accounting Standards set out accounting policies that the Australian Accounting Standards Provision is made for the company’s liability for employee benefits arising from services rendered by Board has concluded would result in financial statements containing relevant and reliable information about employees to balance date. Employee benefits expected to be settled within one year together with benefits transactions, events and conditions. Material accounting policies adopted in the preparation of these arising from wages and salaries, annual leave and sick leave which will be settled after one year, have been financial statements are presented below and are consistently applied unless otherwise stated. measured at the amounts expected to be paid when the liability is settled plus related on costs. Other employee benefits payable later than one year have been measured at the present value of the estimated The financial report has been prepared on an accruals basis and is based on historical costs, modified, future cash outflows to be made for those benefits. where applicable, by the measurement at fair value of selected non-current assets, financial assets and financial liabilities. Contributions are made by the company to an employee superannuation fund and are charged as expenses when incurred. The following is a summary of significant accounting policies adopted by the Company in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated. (d) Cash (a) Income Tax For the purposes of the Statement of Cash Flows, cash includes cash on hand and at call deposits with banks No provision for income tax has been raised as the company is exempt from income tax under Division 50 of or financial institutions, investments in money market instruments maturing within less than two months and the Income Tax Assessment Act 1997. net of bank overdrafts.

(b) Property, Plant and Equipment (e) Revenue Each class of property plant and equipment is carried at cost or fair value less, where applicable, any Revenue from the rendering of a service is recognised upon the delivery of the service to the customers. accumulated depreciation. Interest revenue is recognised on a proportional basis taking into account the interest rates applicable to the financial assets. Plant and equipment Plant and equipment is measured on the cost basis. Other revenue is recognised when the right to receive the revenue has been established.

The carrying amount of plant and equipment is reviewed annually by the directors to ensure it is not in excess All revenue is stated net of the amount of goods and services tax (GST). of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The (f) Goods and Services Tax (GST) expected net cash flows have not been discounted to present values in determining recoverable amounts. Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office. In these circumstances the GST is recognised Depreciation as part of the cost of acquisition of the asset or as part of an item of expense. Receivables and payables in The depreciable amount of all fixed assets including buildings and capitalised leased assets, but excluding the Statement of Financial Position are shown inclusive of GST. freehold land, are depreciated over their estimated useful lives to the company commencing from the time the asset is held ready for use. Properties held for investment purposes are not subject to a depreciation charge. Leasehold improvements are amortised over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.

The accompanying notes form part of these financial statements The accompanying notes form part of these financial statements

69 | Queensland South Native Title Services Annual Report 2015 – 2016 | 70 Notes to the Financial Statements Credit Risk – Trade and Other Receivables for the year ended 30 June 2016 The company does not have any material credit risk exposure to any single receivable or group of receivables. The following table details the company’s trade and other receivables exposed to credit risk with ageing analysis and impairment provided for thereon. Amounts are considered as ‘past due’ when the debt has not 2016 2015 been settled within the terms and conditions agreed between the association and the customer or counter $ $ party to the transaction. Receivables that are past due are assessed for impairment by ascertaining solvency NOTE 2: PROFIT FROM ORDINARY ACTIVITIES of the debtors and are provided for where there are specific circumstances indicating that the debt may Profit (losses) from ordinary activities has been not be fully repaid to the association. The balances of receivables that remain within initial trade terms (as determined after: detailed in the table) are considered to be of high credit quality. (a) Revenue and Net Gains NOTE 4: TRADE AND OTHER RECEIVABLES (Cont’d) Grant funding 11,155,260 12,099,670 Interest Income 72,406 97,841 Ageing of Trade Total Less than Past Due Past Due Past Due Past Due Gain on disposal of non-current assets - 17,276 Receivables Amount 30 Days 31-60 Days 61-90 Days <90 Days and Impaired $ $ $ $ $ $ Other Income and Services 60,507 29,362 2016 131,456 3,650 36,889 1,798 89,119 69,066 Total Income 11,288,173 12,244,149 Trade Receivables

2015 (b) Other Expenses 97,605 30,967 3,199 8,681 54,758 25,326 Trade Receivables Loss on disposal of non-current assets 15,528 - Board expenses 96,006 148,903 2016 2015 Motor vehicle expenses 120,814 160,908 $ $ PBC direct funding 164,750 - NOTE 5: PROPERTY, PLANT AND EQUIPMENT Photocopying and Printing 21,159 76,966 Land and Building – at cost 968,856 794,403 Repairs and Maintenance (incl minor equipment replacement) 114,659 61,315 Less accumulated depreciation (153,035) (102,550) Resources 32,713 68,222 815,821 691,853 Subscriptions 74,385 69,231 Telephone 244,062 172,632 Plant and equipment - at cost 703,742 681,259 Training and professional development 35,803 41,144 Less accumulated depreciation (555,345) (475,946) 148,397 205,313 Other expenses 220,400 174,172 Total Expenses 1,140,279 973,493 Motor vehicles - at cost 388,945 366,754

NOTE 3: CASH & CASH EQUIVALENTS Less accumulated depreciation (38,038) (26,888) 350,907 339,866 Cash on hand 115 1,772 Cash at bank 3,572,057 3,408,635 Office equipment - at cost 305,079 346,229 3,572,172 3,410,407 Less accumulated depreciation (164,300) (109,252) NOTE 4: TRADE AND OTHER RECEIVABLES 140,779 236,977 Trade Receivables 131,456 97,605 Total property, plant and equipment 1,455,904 1,474,009 Provision for doubtful debts (69,066) (25,326) An independent valuation of the land and building at 31 Commercial Road Mount Isa QLD was performed Prepayments 148,298 85,826 by Herron Todd White. The last stated market value of land and buildings is $600,000 as at 30 June 2013. 210,688 158,105 Major capital improvements have been made to the building since the last valuation. The Directors intend to obtain an updated market valuation of the property during the 2017 financial year.

71 | Queensland South Native Title Services Annual Report 2015 – 2016 | 72 Notes to the Financial Statements Notes to the Financial Statements for the year ended 30 June 2016 for the year ended 30 June 2016

NOTE 5: PROPERTY, PLANT AND EQUIPMENT (Cont’d) 2016 2015 $ $ Movements in Carrying Amounts NOTE 9: OTHER LIABILITIES Movement in the carrying amounts for each class of property, plant and equipment between the beginning and CURRENT the end of the current financial year. Income in Advance – Unexpended Grant Funds 1,181,713 1,200,646

Land and Plant and Motor Office Building Equipment Vehicles Equip Total NOTE 10: RELATED PARTY TRANSACTIONS $ $ $ $ $ The names of directors who have held office during the financial year are: 2016 Colleen May Wall Michael Cawthorn Pele Bennet (started as a Director 10 July 2015) Balance at the beginning of the year 691,853 205,313 339,866 236,977 1,474,009 Bernie Yates Bradley Saunders Selwyn Button (started as a Director 10 July 2015) James William (ceased as a Director 31 August 2015) Additions 138,303 22,484 154,610 - 315,397

Disposals - - (101,037) - (101,037) Key Management Personnel Transfers between asset class 38,108 (38,108) - Key management personnel comprise directors and other key persons having authority and responsibility for Depreciation expense (52,443) (79,400) (42,532) (58,090) (232,465) planning, directing and controlling the activities of the organisation. No transactions have occurred during the year with related parties. Carrying amount at end of year 815,821 148,397 350,907 140,779 1,455,904

Key Management Personnel Compensation Summary 2016 2015 $ $ Short Term Employee Benefits 651,063 629,961 Long Term Employee Benefits 18,102 22 ,946 NOTE 6: TRADE AND OTHER PAYABLES 669,165 652,907 CURRENT

Trade creditors and accruals 373,160 270,049 NOTE 11: ECONOMIC DEPENDENCE Sundry creditors 152,701 223,309 Economic dependency exists where the normal trading activities of a company depends upon a significant 525,861 493,358 volume of business. Queensland South Native Title Services Limited is dependent on grants received from the Department of Prime Minister and Cabinet to carry out its normal activities. NOTE 7: FINANCIAL LIABILITIES CURRENT NOTE 12: SEGMENT REPORTING Credit Card Liability - - The Company operates in the Community Services Segment.

NOTE 8: PROVISIONS NOTE 13: CASH FLOW INFORMATION CURRENT Employee benefits – Annual Leave & Time in Lieu Provision 395,355 390,630 Reconciliation of cash Cash at the end of the financial year as shown in the statement of Cash Flows is reconciled to the related Employee benefits – Long Service Leave Provision 337,303 296,697 items in the statement of financial position as follows: 732,658 687,327 Cash on hand 115 1,772 NON CURRENT Cash at bank 3,572,057 3,408,635 Employee benefits – Long Service Leave Provision 70,739 54,459 3,572,172 3,410,407 70,739 54,479

73 | Queensland South Native Title Services Annual Report 2015 – 2016 | 74 Notes to the Financial Statements Notes to the Financial Statements for the year ended 30 June 2016 for the year ended 30 June 2016

2016 2015 NOTE 14: FINANCIAL RISK MANAGEMENT (Cont’d) $ $ (ii) Interest Rate Risk NOTE 13: CASH FLOW INFORMATION (Cont’d) Exposure to interest rate risk arises on financial assets and financial liabilities recognised at reporting date whereby a future changes in interest rates will affect future cash flows or the fair value of fixed rate Reconciliation of cash flow from operations with profit financial instruments. from ordinary activities after income tax (iii) Liquidity Risk Profit/(Loss) from ordinary activities after income tax 121,082 285,887 Liquidity risk arises from the possibility that the company might encounter difficulty in settling its debts or otherwise meeting its obligations related to financial liabilities. The association manages this risk through Non cash flows in profit from ordinary activities the following mechanisms: Depreciation 232,465 258,969 • preparing forward looking cash flow analysis in relation to its operational, investing and Net (gain)/loss on disposal of property, plant and equipment 15,528 (17,276) financing activities; Provision for doubtful debts 43,740 (20,763) • maintaining a reputable credit profile; Changes in assets and liabilities • investing only in surplus cash with major financial institutions; and (Increase)/decrease in prepayments (62,472) 81,176 • comparing the maturity profile of financial liabilities with the realization profile of financial assets. (Increase)/decrease in trade receivables (33,851) (1,227) Increase/(decrease) in trade and other payables 32,503 (161,932) The tables below reflect an undiscounted contractual maturity analysis for financial liabilities. Increase/(decrease) in income in advance (18,933) (2,247,382) Increase/(decrease) in provisions 61,591 92,617 Within 1 Year 1 to 5 Years Over 5 Years Total Cash Flow Cash flows from operations 391,653 (1,729,931) 2016 2015 2016 2015 2016 2015 2016 2015 $ $ $ $ $ $ $ $

NOTE 14: FINANCIAL RISK MANAGEMENT Financial liabilities due for payment (i) Financial Risk Management Policies TThe company’s financial instruments consist mainly of cash and deposits at bank, trade debtors and Trade and other payables 525,861 493,358 - - - - 525,861 493,358 trade creditors. The Board of Directors assist the company in meeting its financial targets, whilst Financial Liabilities - - - - minimising potential adverse effects on financial performance. The total of each category of financial Income in Advance 1,181,713 1,200,646 1,181,713 1,200,646 instruments, measured in accordance with AASB139 as detailed in the accounting policies to these Total expected financial statements are detailed below: 1,707,574 1,694,004 - - - - 1,707,574 1,694,004 outflows

Financial Assets Financial assets — Cash and Cash Equivalents 3,572,172 3,410,407 cash flows realisable Trade and Other Receivables 210,688 158,105 Cash and cash 3,572,172 3,410,407 - - - - 3,572,172 3,410,407 3,782,860 3,568,512 equivalents Trade and Other 210,688 158,105 - - - - 210,688 158,105 Financial Liabilities Receivables Trade and Other Payables 525,861 493,358 Total expected inflows 3,782,860 3,568,512 3,782,860 3,568,512 Financial Liabilities - - Income in Advance – Unspent Grant Funds 1,181,713 1,200,646 Net (outflow)/inflow on 2,075,286 1,874,508 - - - - 2,075,286 1,874,508 1,707,574 1,694,004 financial instruments

75 | Queensland South Native Title Services Annual Report 2015 – 2016 | 76 Notes to the Financial Statements Notes to the Financial Statements for the year ended 30 June 2016 for the year ended 30 June 2016

(iv) Credit Risk NOTE 17: CONTINGENT LIABILITIES Exposure to credit risk relating to financial assets arises from the potential non-performance by counter The company had no known contingent liabilities as at 30 June 2016. parties of contract obligations that could lead to a financial loss to the company. Credit risk is managed through the maintenance of procedures ensuring to the extent possible, that customers and counter parties to transactions are of sound credit worthiness. Such monitoring is used in assessing receivables NOTE 18: EVENTS SUBSEQUENT TO REPORTING DATE for impairment. No matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the company, the results of those operations, or the state of affairs of the Risk is also minimized through investing surplus funds in financial institutions that maintain a high credit company in future financial years. rating, or in entities that the Board and management has otherwise cleared as being financially sound. The maximum exposure to credit risk at balance date to recognized financial assets is the carrying amount as disclosed in the statement of financial position and notes to the financial statements. The company NOTE 19: COMPANY DETAILS does not have any material credit risk exposure to any single debtor or group of debtors. The registered office of the company is: Queensland South Native Title Services Limited NOTE 15: COMMITMENTS Level 10, 307 Queen Street BRISBANE QLD 4000 Operating Lease Commitments Date of Incorporation: 2 June 2005 Non-cancellable operating rental lease on premises, at Level 10 307 Queens Street Brisbane and Level 5B 34 East Street Rockhampton, contracted for but not capitalized in the financial statements Directors’ Declaration 2016 2015 for the year ended 30 June 2016 $ $ The directors of the company declare that: Payable – minimum lease payments 598,069 523,764 1. The financial statements and notes, as set out on pages 4 to 17 are in accordance with the Corporations Not later than 12 months 1,211,031 1,700,791 Act 2001: Between 12 months and five years $1,809,100 $2,224,555 (a) comply with Accounting Standards and the Corporations Regulations 2001; and (b) ggive a true and fair view of the financial position as at 30 June 2016 and of the performance for the A security guarantee of $130,246 is held by the Bank as a commitment under the lease rental Agreement. financial year ended on that date of the company.

Research Consultancy Commitments 2. In the directors’ opinion there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable. Agreements have been entered into amounting to $615,912 involving future payments within the next 12 months for research, consultancy and corporate services. This declaration is made in accordance with a resolution of the directors.

Capital Expenditure Commitments Director______Director______Agreements have been entered into amounting to $48,526 involving future payments within the next 12 Colleen May Wall Bernie Yates months for capital expenditure commitments.

Dated: 6 October 2016 NOTE 16: AUDITORS REMUNERATION

Audit Services 26,761 26,444 Other Services - -

$26,761 $26,444

77 | Queensland South Native Title Services Annual Report 2015 – 2016 | 78 Di Bartolo Diamond & Mihailaros Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership An Australian Capital Territory Partnership

Chartered Accountants Chartered Accountants & Business Advisers & Business Advisers

Independent Audit Report Independent Audit Report to the Members of Queensland South Native Title Services Limited to the Members of Queensland South Native Title Services Limited (Cont’d) for the year ended 30 June 2016 for the year ended 30 June 2016

Report on the Financial Report Independence We have audited the accompanying financial report of Queensland South Native Title Services Limited (the In conducting our audit, we have complied with the independence requirements of the Corporations Act company), which comprises the statement of financial position as at 30 June 2016 and the statement of 2001. We confirm that the independence declaration required by the Corporations Act 2001 has been comprehensive income, statement of change in equity and cash flow statement for the year ended on that provided to the Directors of the Company. date, a summary of significant accounting policies and other explanatory notes and the Directors’ declaration. Auditor’s Opinion Directors’ Responsibility for the Financial Report In our opinion, the financial report of Queensland South Native Title Services Limited is in accordance with the The Directors of the company are responsible for the preparation and fair presentation of the financial report Corporations Act 2001, including: in accordance with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Act 2001 and for such internal controls as the directors determine are necessary to enable i. giving a true and fair view of the company’s financial position as at 30 June 2016 and of their preparation of the financial report that is free from material misstatement, whether due to fraud or error. performance for the year ended on that date; and ii. complying with Australian Accounting Standards (including the Australian Accounting Interpretations), Auditor’s Responsibility the Corporations Regulations 2001 and Australian Charities and Not For Profits Commission Act 2012. Our responsibility is to express an opinion on the financial report based on our audit. We conducted our audit in accordance with Australian Auditing Standards. These Auditing Standards require that we comply PKF Di Bartolo Diamond & Mihailaros with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial report is free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial report. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal controls relevant to the entity’s preparation of the Ross Di Bartolo financial report that gives a true and fair view in order to design audit procedures that are appropriate to Partner the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the Canberra reasonableness of accounting estimates made by the directors, as well as evaluating the overall presentation of the financial report. Dated: 6 October 2016

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation. Liability limited by a scheme approved under Professional Standards Legislation.

79 | Queensland South Native Title Services Annual Report 2015 – 2016 | 80 Di Bartolo Diamond & Mihailaros Detailed Profit and Loss An Australian Capital Territory Partnership For the Year Ended 30 June 2016 for the year ended 30 June 2016 Chartered Accountants & Business Advisers

2016 2015 Disclaimer to the Members of $ $ Queensland South Native Title Services Limited INCOME for the year ended 30 June 2016 Grant funding 11,155,260 12,099,670 Interest Income 72,406 97,841 The additional financial data presented on page 24 is in accordance with the books and records of the Gain on disposal of non-current assets - 17,276 company which have been subjected to the auditing procedures applied in our statutory audit of the company for the financial year ended 30 June 2016. It will be appreciated that our statutory audit did not Other Income and Services 60,507 29,362 cover all details of the additional financial data. Accordingly, we do not express an opinion on such financial Total Income 11,288,173 12,244,149 data and we give no warranty of accuracy or reliability in respect of the data provided. Neither the firm nor any member or employee of the firm undertakes responsibility in any way whatsoever to any person (other than Queensland South Native Title Services Limited) in respect of such data, including any errors of omissions LESS EXPENSES therein however caused. Audit fees 26,761 26,444 Advertising 251,794 169,284 PKF Di Bartolo Diamond & Mihailaros Bank charges 9,645 10,015 Board fees and expenses 96,005 148,903 Catering, venue hire and meetings 290,072 427,728 Computer expenses and IT Support 118,365 25,629 Consultancy fees - anthropological 890,670 1,055,999

Ross Di Bartolo Consultancy fees - legal 933,224 1,066,619 Partner Consultancy fees – research and facilitators 68,591 41,485 Corporate expenses 46,278 174,599 Dated: 6 October 2016 Depreciation 232,465 258,969 Insurance 57,105 52,916 Loss on sale of non-current assets 15,528 - Mapping and Resources 32,712 68,222 Motor vehicle expenses (incl vehicle hire) 120,814 160,908 Office expenses 48,512 49,389 Other general expenses 56,773 45,341 PBC direct funding 164,750 - Postage 43,105 34,340 Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA Printing and photocopying 21,159 76,966 GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA Provision for Doubtful Debts 33,178 9,590

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading Rent 402,368 380,072 as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation. These financial statements should be read in conjunction with the attached Disclaimer.

81 | Queensland South Native Title Services Annual Report 2015 – 2016 | 82 Detailed Profit and Loss For the Year Ended 30 June 2016 (Cont’d) for the year ended 30 June 2016

Repairs, maintenance and minor replacements 114,659 61,315 Salaries and on costs 5,168,840 5,105,723 Security costs 2,382 4,752 Storage fees 8,703 8,499 Subscriptions 74,385 69,230 Superannuation 465,913 455,442 Telephone & Communications 244,062 172,632 Training & professional development 35,803 41,144 Traveling & accommodation expenses (incl consultant travel) 1,092,470 1,756,107 TOTAL EXPENSES 11,167,091 11,958,262

OPERATING SURPLUS/(LOSS) 121,082 285,887

These financial statements should be read in conjunction with the attached Disclaimer.

83 | Queensland South Native Title Services