DPC21/0399 DX 56201 B1069686 Tel 08 8226 3500 Fax 08 8226 3535

OFFICIAL

GPO Box 2343 Adelaide SA 5001 DPC21/0399 DX 56201 B1069686 Tel 08 8226 3500 Fax 08 8226 3535 www.dpc.sa.gov.au

Mr Peter Malinauskas MP Parliament House North Terrace ADELAIDE SA 5000

Dear Mr Malinauskas

Freedom of information (FOI) application

I refer to your request received by the Department of the Premier and Cabinet (DPC) seeking access under section 13 of the Freedom of Information Act 1991 (the Act) to:

All documents (including but not limited to physical, electronic, or written briefs, internal discussion papers, minutes, emails, diary entries and any other correspondence) in relation to the inquiry into aboriginal corporations.

Date Range: 25/03/2018 – 02/03/2021

Under the Act, an agency has 30 days to respond to an FOI request. As DPC did not respond to your request within the time frame required, the department is deemed to have refused you access to all documents relevant to your application. However, I have determined to process the request as if the statutory time frame had been met.

The purpose of this letter is to advise you of my determination.

A total of 71 documents were identified as answering the terms of your application and I have determined as follows:

 I grant you access in full to 48 documents, copies of which are enclosed;  I grant you access in part to 14 documents, copies of which are enclosed, and  I refuse access to 9 documents

Please refer to the attached schedule that describes each document and sets out my determination and reasons in summary form. OFFICIAL

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Documents released in full

Documents 1, 2 4 – 6, 16, 20, 22 – 24, 26 – 39, 42, 43, 46, 49, 51 – 59, 61 – 68, 70 and 71

Documents released in part

Documents 7, 8, 15, 17, 21, 25, 40, 41, 44, 45, 47, 48, 60 and 69

Documents 7, 15, 17, 21, 25, 40, 41, 44, 45

These documents contain information which, if released, would disclose details concerning a deliberation or decision of Cabinet. I have therefore determined to exempt this information pursuant to clause 1(1)(e).

Documents 7 and 17

These documents contain allegations relating to matters which are the subject of ongoing investigation by authorities to ascertain whether there have been any breaches of the law. I have determined that it is not in the public interest for these allegations to be reproduced while investigations are ongoing. This information is therefore exempt from disclosure pursuant to clause 4(2)(a)(i) of Schedule 1 the Act.

Documents 21, 25, 40, 41, 44 and 45

These documents contain information about potential Commonwealth policy initiatives that have been held in confidential fora. Such fora are adversarial to a degree, with States competing against each other to secure resources and the best available outcomes. Release of this information could jeopardise the South Australian government’s ability to realise the best outcomes. While I recognise that there is a moderate degree of public interest in this information, I have determined that it is outweighed by the need for confidentiality to be maintained. This information has therefore been removed pursuant to clause 5(1)(a)(ii) of Schedule 1 to the Act.

Documents 7, 17

These documents also contain a section where allegations and/or suggestions of criminal or improper conduct has been made against people, the truth of which has not been established by judicial process. Despite the age of the document and the allegations, it is not known if these allegations were ever proven or if the people mentioned had an opportunity to respond to the allegations. To disclose such information would be unreasonable as there would be reputational damage that could be seen as unjustified and could impact upon their future affairs, should their identity be uncovered. I have therefore removed this information from release pursuant to clause 6(2) of the Act.

Documents 8, 12, 13, 21, 25, 41, 44, 45, 47, 48, 60 and 69 contain sections not relevant to your application and this information has been removed as out of scope.

Documents refused in full

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Documents 3, 9 – 14, 18 and 19

Documents 9, 10, 12, 13, 18 and 19

These documents consists of information which, if released, would disclose details concerning a deliberation or decision of Cabinet. I have therefore determined to exempt this information pursuant to clause 1(1)(e).

Document 3

This document is a proposal from a consultancy firm. The proposal contains information concerning the business affairs of the firm, including their proposed approach, their methodologies and their fee structures. This information would provide competing businesses with the ability to undercut the firm, and could therefore be reasonably expected to have an adverse effect on the business affairs of the firm.

I acknowledge that there is some public interest in the public being able to scrutinise the value of a proposal made to government. In my view, however, this is outweighed by the need to ensure that companies submitting proposals are not disadvantaged by the release of sensitive information relating to the way they undertake their business. It is my view that this information is exempt pursuant to clause 7(1)(c) of Schedule 1 to the Act.

Documents 9, 10, 12, 13, 18 and 19

These documents consist of advice, recommendations and drafts prepared in the course of and for the decision making functions of the Premier and Government. Clause 9(1) of Schedule 1 to the Act states that such documents are exempt from disclosure if disclosure would be contrary to the public interest.

Transparency surrounding the decision making processes of government bodies is in the public interest, and I have considered this along with the default presumption in favour of disclosure enshrined in the FOI Act. Against this, I have considered the potential for the free and frank provision of advice to be impacted by disclosure. I have also considered the fact that the majority of these documents show the ‘workshopping’ of policy ideas for the purpose of advising the Premier on the best course of action on a policy issue. My view is that it would not be in the public interest for these formative ideas to be disclosed, as the Government has taken a policy position on this issue and communicated the rationale for it. The advice provided is open and objective and as such deserves to have a degree of confidentiality applied. I have therefore determined to exempt these sections under clause 9(1) of the Act.

Documents 11, 14

I have determined these two documents to be exempt under clause 13(1)(b) of the Schedule 1 to the Act. These documents consist of confidential information and it is unlikely that the sender would consider the future supply of similar information to the Government should these documents be released. There is little that the documents would reveal that would further the aims of the FOI Act in respect of transparency and accountability of government. When weighed with the impact on the third parties, the potential for damage to relationships in Aboriginal communities, and the impact

OFFICIAL Page 3 of 6 OFFICIAL on the future supply of similar information to the Government if these documents were released, disclosure would be contrary to the public interest.

Exemptions

Clause 1 – Cabinet documents

(1) A document is an exempt document –

…

(e) if it contains matter the disclosure of which would disclose information concerning any deliberation or decision of Cabinet;

Clause 4 – Documents affecting law enforcement and public safety

…

(2) A document is an exempt document if it contains matter the disclosure of which—

(a) could reasonably be expected—

(i) to prejudice the investigation of any contravention or possible contravention of the law (including any revenue law) whether generally or in a particular case, and

(b) would, on balance, be contrary to the public interest.

Clause 5 – Documents affecting inter-governmental or local governmental relations

(1) A document is an exempt document if it contains matter—

(a) the disclosure of which—

(i) could reasonably be expected to cause damage to intergovernmental relations, and

(b) the disclosure of which would, on balance, be contrary to the public interest.

Clause 6 – Documents affecting personal affairs

(2) A document is an exempt document if it contains allegations or suggestions of criminal or other improper conduct on the part of a person (living or dead) the truth of which has not been established by judicial process and the disclosure of which would be unreasonable.

Clause 7 – Documents affecting business affairs

(1) A document is an exempt document—

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…

(i) consisting of information (other than trade secrets or information referred to in paragraph (b)) concerning the business, professional, commercial or financial affairs of any agency or any other person; and

(ii) the disclosure of which—

(A) could reasonably be expected to have an adverse effect on those affairs or to prejudice the future supply of such information to the Government or to an agency; and

(B) would, on balance, be contrary to the public interest.

Clause 9 – Internal working documents

(1) A document is an exempt document if it contains matter—

(a) that relates to—

(i) any opinion, advice or recommendation that has been obtained, prepared or recorded, and

(b) the disclosure of which would, on balance, be contrary to the public interest.

Clause 13 – Documents containing confidential material

(1) A document is an exempt document –

…

(b) if it contains matter obtained in confidence the disclosure of which—

(i) might reasonably be expected to prejudice the future supply of such information to the Government or to an agency; and

(ii) would, on balance, be contrary to the public interest.

FOI Disclosure Log

In compliance with Premier and Cabinet Circular PC045 - Disclosure Logs for Non- Personal Information Released through Freedom of Information (PC045), DPC is required to publish a log of all non-personal information released under the Act.

In accordance with this Circular, any non-personal information determined for release as part of this application will be published on the DPC website.

Right to internal review

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If you are aggrieved with this determination, you have a right to apply for internal review under subsection 29(1) of the Act. Pursuant to subsection 29(2), your application must:

 be in writing  be addressed to the principal officer, and  be lodged at an office of DPC, or emailed to [email protected] within 30 days after the day on which you receive this letter or within such further time as the principal officer may allow.

If you have any questions in relation to this matter, please contact Denise Cranwell, Freedom of Information Officer, on telephone (08) 8429 7312 or via email at [email protected].

Yours sincerely

Eamonn Maloney Accredited Freedom of Information Officer Office of the Chief Executive Department of the Premier and Cabinet

29 / 06 / 2021

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SCHEDULE OF DOCUMENTS

File Number: DPC21/0399 Applicant: Hon Kyam Maher MLC

This schedule of documents accompanies a determination made in relation to your request submitted under the Freedom of Information Act 1991 seeking access to:

Date Range: 25/03/2018 – 02/03/2021

No. Date Document description Exemption clauses Determination

1. 05/01/2020 Handwritten notes Nil Full release

2. 05/01/2020 Email – SA Government – Response to Aboriginal Self Nil Full release Governance 3. Jaramer Legal proposal to SA Government Feb 2021.pdf 7(1)(c) business affairs Refuse release

Attachment 1 to document 2 4. 15/06/2020 Email – Re: Possible press Nil Full release

5. 21/09/2020 Email – RE: Catch up Sections out of scope Full release

6. 12/10/2020 Email – RE: Inquiry Brief to Government Nil Full release

7. 19/10/2020 Email – Governance of Aboriginal organisations 1(1)(e) disclose deliberation of Cabinet Part release

4(2)(a)(i) prejudice investigation

6(2) unproven allegation

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SCHEDULE OF DOCUMENTS No. Date Document description Exemption clauses Determination

8. 20/10/2020 Email – governance training Sections not in scope Part release

9. 26/10/2020 Email – Response to Mark Koolmatrie group 1(1)(e) disclose deliberation of Cabinet Refuse release

9(1)(a)(i) opinion or advice 10. Document1.docx 1(1)(e) disclose deliberation of Cabinet Refuse release

Attachment 1 to document 5 9(1)(a)(i) opinion or advice 11. 30/11/2020 Email 13(1)(b) prejudice future supply Refuse release

12. 03/12/2020 Email – FW: Davenport etc Sections not in scope Refuse release

1(1)(e) disclose deliberation of Cabinet

9(1)(a)(i) opinion or advice 13. Aboriginal governance package.docx Sections not in scope Refuse release

Attachment 1 to document 14 1(1)(e) disclose deliberation of Cabinet

9(1)(a)(i) opinion or advice 14. 03/12/2020 Email – Judicial Inquiry 13(1)(b) prejudice future supply Refuse release

15. 10/12/2020 Email – FW: letter re RC 1(1)(e) disclose deliberation of Cabinet Part release

16. Letter re RC.pdf Nil Full release

Attachment 1 to document 21 17. 14/12/2020 Email – FW: Governance of Aboriginal organisations 1(1)(e) disclose deliberation of Cabinet Part release

4(2)(a)(i) prejudice investigation

6(2) unproven allegation

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SCHEDULE OF DOCUMENTS No. Date Document description Exemption clauses Determination

18. 14/12/2020 Email – FW: options paper – aboriginal governance 1(1)(e) disclose deliberation of Cabinet Refuse release

9(1)(a)(i) opinion or advice 19. options paper – aboriginal governance.docx 1(1)(e) disclose deliberation of Cabinet Refuse release

Attachment 1 to document 25 9(1)(a)(i) opinion or advice 20. 14/12/2020 RE: Email – referral to ALPSC Nil Full release

21. Draft Premier’s briefing, Governance 141220.docx 1(1)(e) disclose deliberation of Cabinet Part release

Attachment 1 to document 27 5(1)(a)(ii) confidential intergovernmental communication

Sections out of scope 22. 14/12/2020 Email – RE: referral to ALPSC Nil Full release

23. Draft corr to Presiding Member, ALPSC.docx Nil Full release

Attachment 1 to document 29 24. 14/12/2020 Email – RE: TOR NFRC Taskforce Nil Full release

25. Draft Premier’s briefing, Governance 141220.docx 1(1)(e) disclose deliberation of Cabinet Part release

Attachment 1 to document 31 5(1)(a)(ii) confidential intergovernmental communication

Sections out of scope 26. 15/12/2020 Email – Draft minute in my Objective re: Governance within Nil Full release Aboriginal Communities 27. Draft letter from Premier to ALPSC Presiding Member, Dec Nil Full release 2020.docx

Attachment 1 to document 33

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SCHEDULE OF DOCUMENTS No. Date Document description Exemption clauses Determination

28. 15/12/2020 Handwritten notes Nil Full release

29. 17/12/2020 RE: Governance Brief Nil Full release

30. 17/12/2020 Email - first cut TOR Nil Full release

31. ToR.docx Nil Full release

Attachment 1 to document 37 32. 17/12/2020 Email – RE: first cut TOR Nil Full release

33. ALPSC ToR (SA edit 171220).docx Nil Full release

Attachment 1 to document 39 34. 17/12/2020 Email – RE: first cut TOR Nil Full release

35. 17/12/2020 Email - Draft ToR for review Nil Full release

36. ALPSC ToR.docx Nil Full release

Attachment 1 to document 42 37. 17/12/2020 Email – RE: drat ToR for review Nil Full release

38. ALPSC ToR – KP edit.docx Nil Full release

Attachment 1 to document 44 39. 18/12/2020 Email – Governance within Aboriginal Communities - FYI Nil Full release

40. Minute – to CE from ED-AAR – Governance within Aboriginal 1(1)(e) disclose deliberation of Cabinet Part release Communities.docx (signed) 5(1)(a)(ii) confidential intergovernmental Attachment 1 to document 46 communication

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SCHEDULE OF DOCUMENTS No. Date Document description Exemption clauses Determination

41. Minute – to Premier from CE – Governance within Aboriginal 1(1)(e) disclose deliberation of Cabinet Part release Communities.docx (unsigned) 5(1)(a)(ii) confidential intergovernmental Attachment 2 to document 46 communication

Sections out of scope 42. Attachment 1 ALPSC ToR.docx Nil Full release

Attachment 3 to document 46 43. Premier’s Letter – to Presiding Member, Aboriginal Lands Nil Full release Parliamentary Standing Committee.docx (unsigned)

Attachment 4 to document 46 44. Minute – to CE from ED-AAR – Governance within Aboriginal 1(1)(e) disclose deliberation of Cabinet Part release Communities.docx (signed and noted) 5(1)(a)(ii) confidential intergovernmental communication

Sections out of scope 45. Minute – to Premier from CE – Governance within Aboriginal 1(1)(e) disclose deliberation of Cabinet Part release Communities.docx (signed and noted) 5(1)(a)(ii) confidential intergovernmental communication

Sections out of scope 46. Premier’s Letter – to Presiding Member, Aboriginal Lands Nil Full release Parliamentary Standing Committee.docx (signed) 47. 05/01/2021 Email – Fortnightly catch up Sections out of scope Part release

48. 05/01/2021 Email – Information for fortnightly catch up Sections out of scope Part release

49. 5-01-2021_7-12-26_,pdf Nil Full release

Attachment 1 to document 55

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SCHEDULE OF DOCUMENTS No. Date Document description Exemption clauses Determination

50. 10/01/2021 Email – Newspaper Sections out of scope Full release

51. 18/01/2021 Email – Governance Project Nil Full release

52. Governance Project project plan.docx Nil Full release

Attachment 1 to document 58 53. 02/02/2021 Email - FYI Nil Full release

54. 03/03/2021 Email – Review of governance standards in SA Aboriginal Nil Full release Community Controlled Organisations 55. 03/03/2021 Email – Review of governance standards in SA Aboriginal Nil Full release Community Controlled Organisations 56. 04/02/2021 Email – RE: Parliament to probe Aboriginal governance | Seven Nil Full release news faces ratings challenge | China tariffs hit wine exports 57. Attachment 1 ALPSC ToR.pdf Nil Full release

Attachment 1 to document 65 58. 04/02/2021 Email – RE: Parliament to probe Aboriginal governance | Seven Nil Full release news faces ratings challenge | China tariffs hit wine exports 59. 10/02/2021 Email – Governance Review TOR Nil Full release

60. 11/02/2021 Email – FW: Davenport Governance Sections out of scope Part release

61. Attachment 1 ALPSC ToR.pdf Nil Full release

Attachment 1 to document 69 62. 11/02/2021 Email – FW: Letter from the Premier of South Australia re: Nil Full release Governance within Aboriginal Communities

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SCHEDULE OF DOCUMENTS No. Date Document description Exemption clauses Determination

63. PREM – B903857 – Governance within Aboriginal Communities Nil Full release – Letter to Hon Terry Stephens MP. Pdf

Attachment 1 to document 71 64. Attachment 1 ALPSC ToR.pdf Nil Full release

Attachment 2 to document 71 65. 12/02/2021 Email – RE: URGENT PLEASE: ELT Hot Issues Nil Full release

66. 15/02/2021 Email – InDaily - Aboriginal governance inquiry set to proceed Nil Full release despite warning of “great harm” 67. 16/02/2021 Handwritten notes Nil Full release

68. 22/02/2021 Email – FW: 2021 02 24 – CE Meeting Agenda Nil Full release

69. 2021 02 24 – CE Meeting Agenda.docx Sections out of scope Part release

Attachment 1 to document 77 70. 22/02/2021 Email – FW: Aboriginal Lands Parliamentary Standing Nil Full release Committee – Aboriginal Governance Inquiry 71. Aboriginal Governance Inquiry Advert Nil Full release

Attachment 1 to document 79

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Cranwell, Denise (DPC)

From: Della-Verde, Hellen (DPC-AAR) Sent: Thursday, 29 April 2021 4:26 PM To: Truong-Tran, Kim (DPC) Subject: FW: SA Government - Response to Aboriginal Self Governance Attachments: Jaramer Legal proposal to SA Government Feb 2021.pdf

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Hellen Della-Verde Senior Business Support Officer/EA to Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

Ph: +61 (8) 830 30726 | Fax: +61 (8) 8226 8999 hellen.della‐[email protected]

Level 16 Wakefield House, 30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

Information contained in this e-mail message may be confidential and may also be the subject of legal professional privilege or public interest immunity. If you are not the intended recipient, any use, disclosure or copying of this document is unauthorised.

The Department of the Premier and Cabinet acknowledges and respects Aboriginal people as the state’s first people and nations, and recognises Aboriginal people as traditional owners and occupants of South Australian land and waters

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 29 April 2021 4:14 PM To: Della‐Verde, Hellen (DPC‐AAR) Subject: FW: SA Government ‐ Response to Aboriginal Self Governance

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From: Brian Bero Sent: Friday, 5 February 2021 4:06 PM To: Saunders, Nerida (DPC‐AAR) Cc: Bevan Mailman ; Parker, Kirstie (DPC‐AAR) Subject: SA Government ‐ Response to Aboriginal Self Governance

Dear Nerida,

1 I was discussing governance issues in Aboriginal organisations and communities with Jackie Antoun (who I believe previously worked in your department), and more recently Kirstie Parker. Jackie and Kirstie suggested that I send you an email to let you know of our capabilities that may assist the South Australian Government ‐ particularly in light of the recent article in the InDaily (see link https://indaily.com.au/news/2021/02/03/game‐changer‐marshall‐urges‐major‐inquiry‐into‐aboriginal‐self‐ governance/?fbclid=IwAR3sk5GOrZNDR6SHGJWJCoIOSEY61Ukr_fssAqV1Gmz‐eTbnXkM7VXXDnWc ) and our current work as Special Administrators for Adnyamathanha Traditional Lands Association (ATLA).

Bevan Mailman (copied) and I are the two Principals of the first national Indigenous owned law firm, Jaramer Legal. Bevan is a Bidjara man and I'm a Meriam man. We are amongst the most experienced First Nations commercial lawyers in the country.

We are currently performing a Special Administration in South Australia for ORIC in relation to ATLA. Particularly, addressing transparency and governance issues. This work requires an overhaul of ATLA's constitution and other documents, engaging with an advisory group and employing new directors, changing the corporate structure (dealing with its related corporate bodies including trusts and subsidiary companies) and ensuring there is fairness in ATLA's processes. We are also performing a forensic audit of ATLA to understand the organisation's financial history. This Special Administration is due to be completed 18 April 2021.

We also have the capability to provide training (including governance training) to Indigenous organisations and communities.

Given we are both First Nations lawyers (understanding language, culture and traditions) and have experience supporting governments, large corporations, and Indigenous communities ‐ we bring a value add that is unsurpassed in law firms across Australia.

In light of the above, we would like to put our legal firm forward to work with the South Australian Government on issues that affect Aboriginal people in South Australia.

Please find attached our proposal document which outlines our capabilities for your consideration.

We would be happy to meet at your convenience to discuss any aspects of the above.

Kind regards,

2 4

Cranwell, Denise (DPC)

From: Walsh, Jill (DPC-AAR) Sent: Monday, 15 June 2020 10:28 AM To: Forde, Toby (DPC-AAR) Subject: Re: Possible press

Hi Toby,

Just in case Mr Press moves on the story quickly, do you wish for a copy of the request for advice to CSO (though I think you have it) to forward to Richard Yeeles, in case an approach is made to the Premier.

Chat soon, Jill

From: Forde, Toby (DPC‐AAR) Sent: Monday, 15 June 2020 10:17 AM To: Tribal owners Subject: RE: Possible press

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Noted, thanks Koomie, will keep an eye out. Cheers, Toby

From: Tribal owners Sent: Monday, 15 June 2020 10:15 AM To: Forde, Toby (DPC‐AAR) Subject: Possible press

Hey Toby. The Aboriginal Reform Group has stepped up their push for change in our communities.

There is a possibility of interstate print media occurring over the next couple of weeks that will ask for a royal commission, an independent ombudsman and an enquiry into some of our communities or a combination of all 3. (I too want the story of how a white woman is speaking as a traditional owner here in South Australia and this may occur he said but he has to get his head around why this has happened and more so why it is continuing).

Like many journalists they either take up a story and run with it or wait and then wait some more so I’m not sure if it will happen. I was interviewed yesterday so there is a possibility. (He told me that he was contacting other prominent leaders around our state for comment yesterday and today and then will ask The Premier for comment).

If I do hear if they will run a story I will keep you in the loop as I don’t want you to be blindsided. Thanks Mark.

The Tribal Expertise Facility Mark Koolmatrie. Founder. Website: https://kula-tind-jeri.com/ Email: [email protected] Phone: (+61)0- 459371515

2 5

Cranwell, Denise (DPC)

From: Yeeles, Richard (DPC) Sent: Monday, 21 September 2020 9:03 AM To: Ambler, Ruth (DPC); Saunders, Nerida (DPC-AAR); Parker, Kirstie (DPC-AAR) Subject: RE: Catch up

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I could do on Tuesday or Wednesday morning.

Richard

From: Ambler, Ruth (DPC) Sent: Monday, 21 September 2020 7:29 AM To: Yeeles, Richard (DPC) ; Saunders, Nerida (DPC‐AAR) ; Parker, Kirstie (DPC‐AAR) Subject: RE: Catch up

OFFICIAL

Richard, should we reschedule?

Ruth Ambler Executive Director Cabinet Office and Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

M +61 0401 120 370 e [email protected] | W dpc.sa.gov.au

200 Victoria Square (Tarndanyangga), Adelaide 5000 GPO Box 2343, Adelaide 5001 DX 56201

Information contained in this email message may be confidential and may also be the subject of legal professional privilege or public interest immunity. If you are not the intended recipient, any use, disclosure or copying of this document is unauthorised.

1 From: Yeeles, Richard (DPC) Sent: Monday, 21 September 2020 7:21 AM To: Ambler, Ruth (DPC) ; Saunders, Nerida (DPC‐AAR) ; Parker, Kirstie (DPC‐AAR) Subject: Catch up

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Good morning Ladies

I will be sitting in on the Indigenous Heritage Roundtable this afternoon which is not scheduled to finish until 2 pm so I will not be able to participate in our fortnightly catch‐up.

Matters I would like to discuss when we can are:

‐ Note I circulated last week about Premier’s meeting on 16 October with the group Mark Koolmatrie has brought together to discuss native title agreement ‐ Progress of response to Aboriginal Lands Parliamentary Standing Committee report on languages ‐ Development of statement to Parliament by Commissioner of Aboriginal Engagement

Regards

Richard

2 6

Cranwell, Denise (DPC)

From: Della-Verde, Hellen (DPC-AAR) Sent: Thursday, 29 April 2021 4:21 PM To: Truong-Tran, Kim (DPC) Subject: FW: Inquiry Brief to Government

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Hellen Della-Verde Senior Business Support Officer/EA to Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

Ph: +61 (8) 830 30726 | Fax: +61 (8) 8226 8999 hellen.della‐[email protected]

Level 16 Wakefield House, 30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 29 April 2021 3:44 PM To: Della‐Verde, Hellen (DPC‐AAR) Subject: FW: Inquiry Brief to Government

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From: Yeeles, Richard (DPC) Sent: Monday, 12 October 2020 10:47 AM To: Saunders, Nerida (DPC‐AAR) Subject: RE: Inquiry Brief to Government

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Nerida

Thanks

Richard

From: Saunders, Nerida (DPC‐AAR) Sent: Monday, 12 October 2020 10:45 AM To: Yeeles, Richard (DPC) Subject: Re: Inquiry Brief to Government

Hi Richard,

I will get our team to have a look and see if there are any issues or comments on suggested way forward by the group and we can discuss at our meeting tomorrow.

Thanks

Nerida Saunders

Executive Director

Aboriginal Affairs and Reconciliation

Department for the Premier and Cabinet

T +61 (8) 83030749 | M+61 438 848 932

[email protected] | W dpc.sa.gov.au

Level 16, Wakefield House , 30 Wakefield Street,

Adelaide SA 5000

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The Department of the Premier and Cabinet acknowledges and respects Aboriginal peoples as the state’s first people’s and nations, and recognises Aboriginal people as traditional owners and occupants of South Australian land and waters.

Sent from my iPhone

On 12 Oct 2020, at 10:38 am, Yeeles, Richard (DPC) wrote:

OFFICIAL: Sensitive

Nerida

Re the Premier’s meeting on Friday to discuss calls for an inquiry into native title agreements.

I have now received the attached note from Mark Koolmatrie about the issues for discussion on Friday.

Can we discuss at our catch up tomorrow.

I have also sent this to the Attorney‐General for any advice she may like to provide.

Richard

3 7

Cranwell, Denise (DPC)

From: Della-Verde, Hellen (DPC-AAR) Sent: Thursday, 29 April 2021 4:21 PM To: Truong-Tran, Kim (DPC) Subject: FW: Governance of Aboriginal organisations

OFFICIAL: Sensitive//Legal privilege

Hellen Della-Verde Senior Business Support Officer/EA to Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

Ph: +61 (8) 830 30726 | Fax: +61 (8) 8226 8999 hellen.della‐[email protected]

Level 16 Wakefield House, 30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 29 April 2021 3:42 PM To: Della‐Verde, Hellen (DPC‐AAR) Subject: FW: Governance of Aboriginal organisations

OFFICIAL: Sensitive//Legal privilege

From: Yeeles, Richard (DPC) Sent: Monday, 19 October 2020 9:00 AM To: Ambler, Ruth (DPC) ; Saunders, Nerida (DPC‐AAR) ; Carney, Jodeen (AGD) ; Tonkin, Peter (AGD) Subject: Governance of Aboriginal organisations

OFFICIAL: Sensitive//Legal privilege

The Premier met on Friday with the following –

1 ‐ Charles Jackson (Adnymamathanha) ‐ Chris Larkin (Kokatha) ‐ Auntie Yvonne Aguis (Respected Elder) ‐ Ernie Wilson (Point Pearce) ‐ Tim Hartman Senior (Ngarrindjeri) ‐ Trevor Adamson (APY) ‐ Murray George (APY) ‐ Kylie O’Loughlin (Narungga) ‐ Mark Koolmatrie (Convenor)

As previously advised, this group has been behind a number of press articles in recent months calling for a judicial inquiry into alleged corruption and lack of governance within Aboriginal organisations in South Australia.

The meeting lasted more than an hour and during that time, the following allegations relating to the financial affairs of specific aboriginal organisations were made:

4(2)(a)(i) Prejudice investigation, 6(2) Unproven allegation

1(1)(e) Disclose deliberation of Cabinet

Most of the discussion was taken up with general issues relating to governance of Aboriginal organisations. Chris Larkin in particular discussed what the Kokatha have gone through in their special administration by ORIC, noting that this was related to governance rather than financial issues.

The Premier would like some consideration given in a policy sense to what the State may be able to do in the area of governance. I am happy to kick this off by circulating a short list of options for further consideration.

Regards

Richard

2 8

Cranwell, Denise (DPC)

From: Della-Verde, Hellen (DPC-AAR) Sent: Thursday, 29 April 2021 4:21 PM To: Truong-Tran, Kim (DPC) Subject: FW: governance training

OFFICIAL

Hellen Della-Verde Senior Business Support Officer/EA to Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

Ph: +61 (8) 830 30726 | Fax: +61 (8) 8226 8999 hellen.della‐[email protected]

Level 16 Wakefield House, 30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 29 April 2021 3:47 PM To: Della‐Verde, Hellen (DPC‐AAR) Subject: FW: governance training

OFFICIAL

From: Yeeles, Richard (DPC) Sent: Tuesday, 20 October 2020 8:04 AM To: Nicholls, Jonathan (Health) ; Saunders, Nerida (DPC‐AAR) Subject: governance training

OFFICIAL

Jonathan, Nerida

1 Not relevant

The Premier has also been considering the need for governance training for younger Aboriginal people to help them step into roles like this and also to respond to concerns being expressed about poor governance in some aboriginal native title and community organisations. He is asking if there is an opportunity for SA Health and DPC‐AAR to work together on this for LHNs as a starter.

Last Friday the Premier had a meeting with a group convened by Mark Koolmatrie to discuss governance of native title and community organisations and as a result, he has asked me to draft a note to start a discussion within government about what may be possible to support better governance. I will send a draft note in the next couple of days to help trigger some further discussion.

Regards

Richard

2 15

Cranwell, Denise (DPC)

From: Yeeles, Richard (DPC) Sent: Thursday, 10 December 2020 1:19 PM To: Ambler, Ruth (DPC); Parker, Kirstie (DPC-AAR) Subject: RE: letter re RC

OFFICIAL: Sensitive

Ruth/Kirstie

Further to my previous email, the letter asserts at the top of page two that ‘there are 8 indigenous corporations in administration or under financial investigation in SA’

I am aware that ATLA remains under ORIC administration. In the information I have circulated to you previously I have referred to allegations relating to a number of other organisations but I am not aware that any of them are under any form of ‘financial investigation’.

Is it possible to do any checking of this assertion?

Richard

From: Yeeles, Richard (DPC) Sent: Thursday, 10 December 2020 1:01 PM To: Ambler, Ruth (DPC) ; Parker, Kirstie (DPC‐AAR) Subject: letter re RC

OFFICIAL: Sensitive

Ruth/Kirstie

Further to our recent discussion about calls for a judicial inquiry into the governance of aboriginal organisations, I understand the attached letter is going to be delivered to the Premier and at the same time distributed to the media during next week – possibly on Wednesday.

I am aware that the person who is responsible for planning the distribution of this letter is a non‐aboriginal person.

1(1)(e) Disclose deliberation of Cabinet

Richard.

1 16

Hon. Steven Marshall Premier Minister for Aboriginal Affairs and Reconciliation Parliament House North Tce Adelaide SA 5000

Dear Premier, Request for a Royal Commission into Indigenous Governance in SA.

The broader indigenous community across South Australia are tired.

Tired of politicians posing with us for pictures before elections and their progression to powerful positions and then doing nothing to address the many issues facing our first nations people. Thereby keeping many of us in poverty, unemployed, undereducation, government dependent and in prison

Tired of the blind eyes of those in power, toward corruption, maladministration, fraud, theft, violence and nepotism that is rife across indigenous bodies throughout South Australia because having a public investigation may raise some difficult issues and expose some of the corrupt indigenous leaders that are connected to power.

Tired of lawyers milking the indigenous communities for millions of dollars each year by helping preserve the corruption, maladministration, fraud, theft, violence and nepotism as its preserves the lawyer’s business model built on money from their indigenous mates that should have gone to improve the lives of indigenous communities not improve the lifestyle of lawyers.

Tired of this Government listening to the same Departmental advisors as the previous Government and putting the same people into key positions to advise the Government as the last government.

Tired of the various Close the Gap reports at Federal and State level reporting the failings of the system to address the many issues facing our first nations people. Did it ever occur to you Premier that if you have the same people as the last government giving you the same advice then what do you expect to change??

Do you really think the very advisors who rely of the Government for their high incomes and positions of importance are going to upset the Government by saying the system they have overseen for many years is in crisis?? No – they are going to tell you what you want to hear. Hon. Steven Marshall Date Page 2

There are 8 indigenous corporations in administration or under financial investigation in SA – the Governments silence is deafening.

That is why this letter and other approaches to you for a Royal Commission are difficult for you – why haven’t you been told these things before – you should seriously consider that – why haven’t you been told?

Because if you have been told you are duty bound to act as our Minister and the States Premier. So now the broader indigenous community are telling you.

We are tired of the appalling low literacy and numeracy rates, poor education standards, high unemployment rates, low levels of indigenous business owners, poor health outcomes, high diabetes rates, high incarceration rates, poor housing and shorter life spans.

How does these issues relate to indigenous governance?

There are Hundreds of Millions of Dollars that pour into indigenous corporations via Native Title agreements, government heath funding, government education funding and other Government grants each year.

However, those who control the corporation control the money. Those who control the money have control of their people. If you don’t do what the money controller wants, then you or your family get no money. This is the sad truth of indigenous governance in SA and your blind eye advisors know it.

Hence money that should be going into addressing the issues facing indigenous people outlined above is being kept within the families of the powerful few - all assisted by the lawyers who know if they keep their mates in control, then their business model is safe. On our money, the lawyers kids go to private schools while our kids go to centrelink.

As our Premier you have an obligation to expose the corruption in indigenous corporations so that those who have taken money from our communities can be exposed and punished. But more importantly so that our money can be directed to areas that improve the lives of our people.

If not you Premier then who ?

We are tired of being dependent on Government. We wish to have our own independence so we can have education, employment and enterprise. But these opportunities are denied to our people as the money that should be coming to us is being corrupted. The less money we control ourselves the more we are dependent on government and their blind eye advisors. Hon. Steven Marshall Date Page 3

Now is the time for leadership Premier.

The indigenous community in South Australia request a royal commission into governance of indigenous corporations and the actions of their lawyers.

Now is the time.

Cranwell, Denise (DPC)

From: Ballintyne, Karen (DPC) Sent: Monday, 14 December 2020 10:04 AM To: Parker, Kirstie (DPC-AAR) Subject: FW: Governance of Aboriginal organisations

OFFICIAL: Sensitive//Legal privilege

This just says that the Premier will respond in due course‐ maybe I mis‐heard that a follow up letter had been received?

So looks like a minute summarising governance issues and potential options involving cwth, – and response letter attached

I have some capacity if you want me to work on this given you have a lot on this week! Kb

From: Ambler, Ruth (DPC) Sent: Monday, 19 October 2020 12:31 PM To: Ballintyne, Karen (DPC) Subject: FW: Governance of Aboriginal organisations

OFFICIAL: Sensitive//Legal privilege

Ruth Ambler Executive Director Cabinet Office and Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

M +61 0401 120 370 e [email protected] | W dpc.sa.gov.au

200 Victoria Square (Tarndanyangga), Adelaide 5000 GPO Box 2343, Adelaide 5001 DX 56201

OFFICIAL: Sensitive//Legal privilege

The Premier met on Friday with the following –

‐ Charles Jackson (Adnymamathanha) ‐ Chris Larkin (Kokatha) ‐ Auntie Yvonne Aguis (Respected Elder) ‐ Ernie Wilson (Point Pearce) ‐ Tim Hartman Senior (Ngarrindjeri) ‐ Trevor Adamson (APY) ‐ Murray George (APY) ‐ Kylie O’Loughlin (Narungga) ‐ Mark Koolmatrie (Convenor)

The meeting lasted more than an hour and during that time, the following allegations relating to the financial affairs of specific aboriginal organisations were made:

4(2)(a)(i) Prejudice investigation, 6(2) Unproven allegation

1(1)(e) Disclose deliberation of Cabinet

Regards

2 Richard

3 20

Cranwell, Denise (DPC)

From: Parker, Kirstie (DPC-AAR) Sent: Monday, 14 December 2020 6:02 PM To: Ballintyne, Karen (DPC) Subject: RE: referral to ALPSC Attachments: Draft Premier's briefing, Governance 141220.docx

OFFICIAL

Hey there, thanks for following up. I think so? Attached is the brief I’ve drafted – can you review it (I recognise it could be a bit long…but). I will knock up a supporting briefing to the CE once we finalise it.

Happy for you to call if you’d like to discuss first, e.g. about whether a letter to the ALPSC Presiding member should be attached now?

Kirst

From: Ballintyne, Karen (DPC) Sent: Monday, 14 December 2020 5:55 PM To: Parker, Kirstie (DPC‐AAR) Subject: Fwd: referral to ALPSC

I’ll call the executive officer tomorrow and check if the committee has elected a new chair, I suspect it’s Tammy franks.

Do you have enough in the words below to draft something like ... Under section 6 paragraph (e) , I Request the committee consider how the government can assist Aboriginal community controlled councils to Improve their governance capabilities to support their self‐governance and self‐determination objectives. I will provide a more detailed Terms of reference following targeted consultations with key stakeholders. Hop this helps kB

Sent from my iPhone

Begin forwarded message:

From: "Brougham, Michael (DPC)" Date: 14 December 2020 at 3:05:52 pm ACDT To: "Ballintyne, Karen (DPC)" , "Parker, Kirstie (DPC‐AAR)" Subject: RE: referral to ALPSC

OFFICIAL: Sensitive

Hi Karen,

Yep, Ruth did speak to me, and I agree that the Premier should just refer the matter to the committee using his powers under the Act.

1 I hadn’t noticed the presiding member part. The presiding member is elected by the committee itself, and it doesn’t look like they’ve met to elect a new one since John Dawkins resigned. It might be worth just contacting the executive officer (8237 9568 or [email protected]) to find out when they will meet to decide a presiding member and who to address correspondence to in the meantime.

Cheers, Michael

From: Ballintyne, Karen (DPC) Sent: Monday, 14 December 2020 2:43 PM To: Parker, Kirstie (DPC‐AAR) ; Brougham, Michael (DPC) Subject: referral to ALPSC

OFFICIAL: Sensitive

Michael Did Ruth talk to you about the Premier referring a matter to the ALPSC? We are just looking for some understanding about process and words for minute/ letter.

Functions:

Section 6 Aboriginal Lands Parliamentary Standing Committee Act 2003 outlines the Committee’s functions:

(a) to review the operation of the Aboriginal Lands Trust Act 1966, the Maralinga Tjarutja Land Rights Act 1984 and the Pitjantjatjara Land Rights Act 1981; and

(b) to inquire into matters affecting the interests of the traditional owners of the lands; and

(d) to inquire into matters concerning the health, housing, education, economic development, employment or training of Aboriginal people, or any other matter concerning the welfare of Aboriginal people; and

(e) to consider any other matter referred to the Committee by the Minister; and

(f) to perform any other functions imposed on the Committee under the Aboriginal Lands Parliamentary Standing Committee Act 2003 or any other Act or by resolution of both Houses of Parliament.

I think part (e) is the best option, so the Minister can define the terms of reference for the Committee. I Just checked SA parliament website – no chair or presiding member named, so who does the correspondence go to?

Thanks Karen Ballintyne Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet 0417 474 746

3 21

MINUTE Document Ref: B File number: DPC20/ delete if not applicable PCU reference: B delete if not applicable

TO: THE PREMIER

RE: GOVERNANCE WITHIN ABORIGINAL COMMUNITIES

Critical Date: N/a

PURPOSE The purpose of this minute is to provide you with advice in relation to ongoing concerns expressed by South Australian Aboriginal community members about poor governance and alleged corruption within Aboriginal organisations.

BACKGROUND Since mid-2020, you have received representations from South Australian Aboriginal community members expressing concerns about the governance of a range of incorporated Aboriginal community organisations and/or corporations including native title bodies. The concerns expressed range from a lack of transparency, nepotism and bullying to incompetence, maladministration and corruption.

There has been extensive national and local media coverage, as well as a significant amount of related commentary on social media. AAR understands that your office has received advice that there may be further media coverage in the coming days.

The Aboriginal Reform Group of SA, led by Ngarrindjeri (Ramindjeri, Yaralde, Meintangk, Warki and Tangani Kukabrak) man Mark Koolmatrie, has been at the forefront of representations to you. Mr Koolmatrie is also the Chair of the Original Southern South Australian Tribes Indigenous Corporation, and Chair of the South Australian Aboriginal Heritage Committee (SAHC).

On 16 October 2020, you met in Adelaide with a delegation coordinated by Mr Koolmatrie and comprised of him, Charles Jackson (Adnyamathanha), Chris Larkin (Kokatha), Yvonne Agius (Kaurna, Narungga), Ernie Wilson and Kylie O’Loughlin (Narungga), Tim Hartman Senior (Ngarrindjeri), Trevor Adamson and Murray George (APY). The attendees might be characterised as being active outside their representative organisations because they claim those organisations don’t act in the best interests of their communities. DPC-AAR did not attend this meeting but understands that the group was largely unable during that meeting to produce evidence to support its strident allegations.

The Aboriginal Reform Group of SA has called for a full judicial inquiry into governance of South Australian Aboriginal corporations in South Australia and the actions of their lawyers, arguing that this would give concerned parties ‘a formal public forum to tell their stories’.

At the conclusion of your meeting with the group, you gave no commitment to supporting any form of judicial inquiry but indicated that you would respond to the group in due course.

Further, you and/or your office have indicated publicly that:  the South Australian Government recognises that Aboriginal communities want to be empowered to manage their own affairs, as has been recognised in the new National Closing the Gap agreement  the South Australian Government is not a party to and, therefore, has no role in enforcing arrangements between Aboriginal people and private businesses (including agreements between mining companies and native title holders and/or claimants)  Notwithstanding the above, ‘If [people] believe a ‘full judicial inquiry into governance of Aboriginal corporations and the actions of their lawyers’ is needed, the Government is prepared to consider any evidence they may have that would justify further action to ensure Aboriginal people are not denied access to benefits to which they are entitled through native title agreements or other agreements to support their aspirations’.

The Native Title Act 1993 (NT Act) requires corporations determined by the Federal Court to hold and manage native title rights and interests to register under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) as Aboriginal and Torres Strait Islander corporations. These corporations are known as Registered Native Title Bodies Corporate (RNTBCs) and their affairs are overseen and regulated by the Office of the Registrar for Indigenous Corporations (ORIC). ORIC delivers training to assist directors of Aboriginal corporations to understand their roles and responsibilities.

There are 20 RNTBCs established in South Australia for the purpose of managing native title. One of them, the Adnyamathanha Tribal Lands Association (ATLA), is currently under special administration. This period of special administration commenced on 26 March 2020 and has been extended twice, most recently on 26 September until 18 December 2020. This followed an examination by the Registrar of Indigenous Corporations that found a range of governance issues characterised as ‘chronic and severe’, including a lack of records in relation to meetings, memberships, directorships and spending. ATLA is also under investigation by South Australian Police (SAPOL).

Kokatha Aboriginal Corporation RNTBC (KAC) was previously placed under special administration 23 September 2019 after an examination by the Registrar of Indigenous Corporations identified a range of governance issues requiring professional assistance to address. On 9 October 2020, following two extensions, the Registrar of Indigenous Corporations announced an end to KAC’s period of special administration and its return to members’ control. The Registrar’s office will monitor the corporation over the next 12 months.

Out of scope

Other meeting requests AAR understands that your office is currently considering a meeting request from Kaurna Narungga Elder Ms Yvonne Agius, with regards to around organisational issues and families on committees. This is likely a focus on governance issues and concerns around nepotism and conflicts of interest within community organisation corporate structures Ms Agius is familiar with.

DISCUSSION Many of the issues raised with you by community members are long-standing and widely held. Indeed, a survey conducted by the National Indigenous Australians Agency (NIAA) during its 2019-20 review of the CATSI Act showed governance to be the most important issue to respondents, followed by the purpose of the CATSI Act.

1(1)(e) Disclose deliberation of Cabinet

This could be achieved Section 6 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, which enables the Standing Committee to consider any matter referred to it by the Minister.

In the event that you pursue this option, DPC-AAR would be keen to assist you further in the drafting of Terms of Reference (ToR). It is recommended that these ToR take account of the range of legislation under which South Australian Aboriginal organisations are registered and operate; for example, under the CATSI Act (Commonwealth) or the Associations Incorporation Act 1985 (SA), as well as other contexts such as the co-management of national parks. They might also seek

recommendations about development of a comprehensive governance and capacity building framework to support South Australian Aboriginal organisations and corporations in their aspirations for self-determination, irrespective of the legislation under which these are incorporated.

In light of ongoing governance concerns, DPC-AAR has reached out to federal colleagues in the National Indigenous Australians Agency (NIAA), which has in turn liaised with ORIC in terms of its plans for governance training in South Australia. There is also a wide range of other potential providers of governance training, including the Australian Indigenous Governance Institute and the Australian Institute of Company Directors, which delivers a specialised Aspiring Indigenous Director Program. 5(1)(a)(ii) Confidential intergovermental communication

Timing It would be important for any Standing Committee investigation to conclude in time to enable development of any related funding bid for the 2021 Budget. DPC-AAR suggests having the Standing Committee report by the end of February at the latest.

A draft letter to the Standing Committee’s Presiding Member, reflecting the above considerations, is attached.

Once you determine what course of action you intend to take, DPC-AAR will draft separate correspondence to Mr Mark Koolmatrie

BUDGET Undeterminable at this time

RECOMMENDATIONS It is recommended that you:

1. Note this briefing. Noted

2. Approve and sign the attached draft letter. Approved / Not Approved

______Hon Steven Marshall MP PREMIER

/ / 2021

______Jim McDowell CHIEF EXECUTIVE

/ / 2021

Attachments: 1. Draft letter to the Presiding Member, Aboriginal Lands Parliamentary Steering Committee

Contact person: Kirstie Parker, Director Aboriginal Affairs and Reconciliation Contact number: 8303 0750 or 0410 464 818

Cranwell, Denise (DPC)

From: Parker, Kirstie (DPC-AAR) Sent: Monday, 14 December 2020 6:58 PM To: Ballintyne, Karen (DPC) Subject: RE: referral to ALPSC Attachments: Draft corr to Presiding Member, ALPSC.docx

OFFICIAL

Thanks for the suggested words. Draft letter to the ALPSC attached – let me know what you think.

Kirst

P.S. Hope you had a good walk. I have barely moved 50 metres since this morning!

From: Ballintyne, Karen (DPC) Sent: Monday, 14 December 2020 5:55 PM To: Parker, Kirstie (DPC‐AAR) Subject: Fwd: referral to ALPSC

I’ll call the executive officer tomorrow and check if the committee has elected a new chair, I suspect it’s Tammy franks.

Sent from my iPhone

Begin forwarded message:

From: "Brougham, Michael (DPC)" Date: 14 December 2020 at 3:05:52 pm ACDT To: "Ballintyne, Karen (DPC)" , "Parker, Kirstie (DPC‐AAR)" Subject: RE: referral to ALPSC

OFFICIAL: Sensitive

Hi Karen,

Yep, Ruth did speak to me, and I agree that the Premier should just refer the matter to the committee using his powers under the Act.

I hadn’t noticed the presiding member part. The presiding member is elected by the committee itself, and it doesn’t look like they’ve met to elect a new one since John Dawkins resigned. It might be worth just contacting the executive officer (8237 9568 or [email protected]) to find out when they will meet to decide a presiding member and who to address correspondence to in the meantime. 1

Cheers, Michael

From: Ballintyne, Karen (DPC) Sent: Monday, 14 December 2020 2:43 PM To: Parker, Kirstie (DPC‐AAR) ; Brougham, Michael (DPC) Subject: referral to ALPSC

OFFICIAL: Sensitive

Michael Did Ruth talk to you about the Premier referring a matter to the ALPSC? We are just looking for some understanding about process and words for minute/ letter.

Functions:

Section 6 Aboriginal Lands Parliamentary Standing Committee Act 2003 outlines the Committee’s functions:

(a) to review the operation of the Aboriginal Lands Trust Act 1966, the Maralinga Tjarutja Land Rights Act 1984 and the Pitjantjatjara Land Rights Act 1981; and

(b) to inquire into matters affecting the interests of the traditional owners of the lands; and

(e) to consider any other matter referred to the Committee by the Minister; and

(f) to perform any other functions imposed on the Committee under the Aboriginal Lands Parliamentary Standing Committee Act 2003 or any other Act or by resolution of both Houses of Parliament.

Thanks Karen Ballintyne Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet 0417 474 746

2 23

B number

The Presiding Member [TBC] Aboriginal Lands Parliamentary Standing Committee Email [email protected]

To Whom It May Concern,

As you may be aware, there are mounting concerns within the South Australian Aboriginal community about poor governance and alleged corruption within Aboriginal organisations.

Unequivocally, I believe any allegations of corrupt or otherwise criminal activity should be referred to the police. However, I am also strongly committed to the empowerment of South Australian Aboriginal communities to manage their own affairs.

To effect this will likely be a somewhat complex endeavour, given the range of Commonwealth and state‐based legislation under which South Australian Aboriginal organisations – including Registered Native Title Bodies Corporate (RNTBCs) – are registered and/or operate.

I seek the advice of the Aboriginal Lands Parliamentary Standing Committee on ways to support Aboriginal community aspirations for self‐determination, and would be especially interested in its recommendations for a proactive solutions‐based approach to supporting improvements to Aboriginal community governance. I seek this advice under Section 6 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, under which the Functions of the Standing Committee include ‘(e) to consider any other matter referred to the Committee by the Minister’.

As you would be aware, the process to develop funding bids for consideration under the 2021 Budget will conclude in [insert month] so time is of the essence. Accordingly, I respectfully request a report by the Committee by the end of February 2021.

If the Committee is amenable to this request, my department will commence immediately on the drafting of detailed Terms of Reference and I would be back in touch as soon as practicable.

I look forward to receiving your response to this letter.

Yours sincerely

Hon Steven Marshall MP PREMIER OF SOUTH AUSTRALIA

/ / 2020

Cranwell, Denise (DPC)

From: Della-Verde, Hellen (DPC-AAR) Sent: Thursday, 29 April 2021 4:24 PM To: Truong-Tran, Kim (DPC) Subject: FW: TOR NFRC Taskforce Attachments: Draft Premier's briefing, Governance 141220.docx

OFFICIAL

Hellen Della-Verde Senior Business Support Officer/EA to Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

Ph: +61 (8) 830 30726 | Fax: +61 (8) 8226 8999 hellen.della‐[email protected]

Level 16 Wakefield House, 30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 29 April 2021 4:01 PM To: Della‐Verde, Hellen (DPC‐AAR) Subject: FW: TOR NFRC Taskforce

OFFICIAL

From: Ballintyne, Karen (DPC) Sent: Monday, 14 December 2020 9:04 PM To: Parker, Kirstie (DPC‐AAR) ; Saunders, Nerida (DPC‐AAR) Subject: RE: TOR NFRC Taskforce

OFFICIAL

Hi Kirstie

1 I’ve cut back a bit – but its mostly all relevant

Ill be in early tomorrow to go over again if needed

Karen

From: Parker, Kirstie (DPC‐AAR) Sent: Monday, 14 December 2020 7:00 PM To: Ballintyne, Karen (DPC) ; Saunders, Nerida (DPC‐AAR) Subject: FW: TOR NFRC Taskforce

OFFICIAL

Fyi.

Nerida, I’ve sent Karen the draft briefing and we’ll tick‐tack on it tonight.

Kirst

From: McGowan, Chris (DPC) Sent: Monday, 14 December 2020 6:32 PM To: Parker, Kirstie (DPC‐AAR) Subject: TOR NFRC Taskforce

OFFICIAL: Sensitive

Hi Kirstie, Jon asked me to send you the final TOR for the Taskforce that was approved by the National Federation Reform Council on Friday – copy of the agenda paper + the TOR attached fyi. Regards Chris

Chris McGowan Director, Intergovernmental Relations Department of the Premier and Cabinet

T +61 (8) 8429 5031 | M +61 0403 571 300 e [email protected] | W dpc.sa.gov.au

State Administration Centre, 200 Victoria Square (Tarntanyangga), ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56205

3 25

MINUTE Document Ref: B File number: DPC20/ delete if not applicable PCU reference: B delete if not applicable

TO: THE PREMIER

RE: GOVERNANCE WITHIN ABORIGINAL COMMUNITIES

Critical Date: N/a

PURPOSE To provide you with advice in relation to ongoing concerns expressed by South Australian Aboriginal community members about poor governance and alleged corruption within Aboriginal organisations.

On 16 October 2020, you met in Adelaide with a delegation coordinated by Mr Koolmatrie and including Charles Jackson (Adnyamathanha), Chris Larkin (Kokatha), Yvonne Agius (Kaurna, Narungga), Ernie Wilson and Kylie O’Loughlin (Narungga), Tim Hartman Senior (Ngarrindjeri), Trevor Adamson and Murray George (APY). DPC-AAR understands that Ms Yvonne Agius is seeking to also meet with you individually about organisational issues and families on committees.

The Aboriginal Reform Group of SA has called for a full judicial inquiry into governance of South Australian Aboriginal corporations. At the conclusion of your meeting with the group, you gave no commitment to supporting any form of judicial inquiry but indicated that you would respond to the group in due course.

DPS-AAR understand the Aboriginal Reform Group of SA made strident allegations about numerous Aboriginal Councils in SA being under administration. DPC-AAR has not been able to confirm this situation.

There are 20 RNTBCs established in South Australia for the purpose of managing native title. Only one, the Adnyamathanha Tribal Lands Association (ATLA), is currently under special administration. This followed an examination by the Registrar of Indigenous Corporations that found a range of governance issues characterised as ‘chronic and severe’, including a lack of records in relation to meetings, memberships, directorships and spending. ATLA is also under investigation by South Australian Police (SAPOL).

Kokatha Aboriginal Corporation RNTBC (KAC) was previously placed under special administration on 23 September 2019 and on 9 October 2020 the Registrar of Indigenous Corporations announced an end to KAC’s period of special administration and its return to members’ control.

Out of scope

Your office has previously indicated your preference is for a proactive solutions- based approach to support improvements to Aboriginal community governance rather than a judicial inquiry (as sought by Mr Koolmatrie and others); and that any allegations of corrupt or otherwise criminal activity should be referred to the police. 1(1)(e) Disclose deliberation of Cabinet

In anticipation that you decide to exercise your right under Section 6 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, to refer a matter to the Committee to consider, I have asked DPC-AAR to prepare the attached letter to the Presiding member of the Standing Committee for your consideration.

Further, DPC-AAR and others in my department are ready to assist in the drafting of Terms of Reference (ToR). DPC-AAR advise that it will be important that the ToR take account of the range of legislation under which South Australian Aboriginal organisations are registered and operate and other management arrangements such as: the CATSI Act (Commonwealth); the Associations Incorporation Act 1985 (SA) and the Landscape South Australia Act 2019.

You may also wish the Standing Committee to provide recommendations about a comprehensive governance and capacity building framework to support South Australian Aboriginal organisations and corporations in their aspirations for self- determination, irrespective of the legislation under which these are incorporated.

The ToR should also direct the Standing Committee’s considerations be future focussed, recognising that Aboriginal communities want to be empowered to manage their own affairs, a key element of the new National Closing the Gap agreement.

In light of ongoing governance concerns there is potential for a range of practical and collaborative actions to occur while the Standing Committee consider the matter. DPC-AAR has contacted the National Indigenous Australians Agency (NIAA), to find out about ORIC’s plans for governance training in South Australia in 2021. There is also a wide range of other potential providers of governance training, including the Australian Indigenous Governance Institute and the Australian Institute of Company Directors, which delivers a specialised Aspiring Indigenous Director Program and the South Australian Native Title Services Inc. Some communities are also taking positive steps independently to improve governance capability. 5(1)(a)(ii) Confidential intergovermental communication

Once you determine what course of action you intend to take, DPC-AAR will draft separate correspondence for you to respond to the representation by Mr Mark Koolmatrie.

BUDGET nil

RECOMMENDATIONS It is recommended that you:

1. Note this briefing. Noted

2. Approve and sign the attached draft letter. Approved / Not Approved

______Hon Steven Marshall MP PREMIER

/ / 2021

______Jon Gorvet A/CHIEF EXECUTIVE

/ / 2021

Attachments: 1. Draft letter to the Presiding Member, Aboriginal Lands Parliamentary Steering Committee

Contact person: Kirstie Parker, Director Aboriginal Affairs and Reconciliation Contact number: 8303 0750 or 0410 464 818

Cranwell, Denise (DPC)

From: Parker, Kirstie (DPC-AAR) Sent: Tuesday, 15 December 2020 12:49 AM To: Gurney, Kate (DPC-AAR) Cc: Ballintyne, Karen (DPC); Saunders, Nerida (DPC-AAR) Subject: Draft minutes in my Objective re: Governance within Aboriginal Communities Attachments: Draft letter from Premier to ALPSC Presiding Member, Dec 2020.docx

OFFICIAL

Hi Kate,

I have uploaded draft Minute ‐ to CE from ED‐AAR ‐ Governance within Aboriginal Communities (B899231), and related draft Minute ‐ to Premier from CE (B899267) to my Objective but couldn’t work out how to add the attached draft letter to the latter (sorry, I know you showed me how but I can’t for the life of me remember!)

Karen might further review these three documents in the morning but can you first finesse the formatting etc of them and then forward the item to Karen in Objective?

Kirst

1 27

B number

[Name TBC] The Presiding Member Aboriginal Lands Parliamentary Standing Committee Parliament House North Terrace Adelaide SA 5000 Email [email protected]

Dear [insert name]

As you may be aware, there are mounting concerns within the South Australian Aboriginal community about poor governance and alleged corruption within Aboriginal organisations.

I believe unequivocally that any allegations of corrupt or otherwise criminal activity should be referred to the police. However, I am also strongly committed to the empowerment of South Australian Aboriginal communities to manage their own affairs. In this regard, my preference is for a proactive solutions‐based approach to support improvements to Aboriginal community governance.

I seek the advice of the Aboriginal Lands Parliamentary Standing Committee on ways to support Aboriginal community aspirations for self‐determination, and would be especially interested in its recommendations about a comprehensive governance and capacity building framework to support South Australian Aboriginal organisations and corporations. I seek this advice under Section 6 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, under which the Functions of the Standing Committee include ‘(e) to consider any other matter referred to the Committee by the Minister’.

I ask that the Committee’s considerations be future focussed, recognising that Aboriginal communities want to be empowered to manage their own affairs, a key element of the new National Agreement on Closing the Gap.

If the Committee is amenable to this request, my department will immediately commence drafting detailed Terms of Reference and I would confirm these to you as soon as practicable.

I look forward to receiving your response to this letter.

Yours sincerely

Hon Steven Marshall MP PREMIER OF SOUTH AUSTRALIA

/ / 2020

28 29

Cranwell, Denise (DPC)

From: Ambler, Ruth (DPC) Sent: Thursday, 17 December 2020 10:32 AM To: Rossiter, Jeanie (DPC) Cc: Ballintyne, Karen (DPC); Saunders, Nerida (DPC-AAR); Parker, Kirstie (DPC-AAR) Subject: RE: Governance Brief

OFFICIAL

Thanks Jeanie, yes I checked with Richard and the meeting’s at 4pm. I appreciate you updating it.

Ruth Ambler Executive Director Cabinet Office and Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

M +61 0401 120 370 e [email protected] | W dpc.sa.gov.au

200 Victoria Square (Tarndanyangga), Adelaide 5000 GPO Box 2343, Adelaide 5001 DX 56201

From: Rossiter, Jeanie (DPC) Sent: Thursday, 17 December 2020 9:54 AM To: Ambler, Ruth (DPC) Cc: Ballintyne, Karen (DPC) ; Saunders, Nerida (DPC‐AAR) ; Parker, Kirstie (DPC‐AAR) Subject: RE: Governance Brief

OFFICIAL

Thanks Ruth, will do.

1 Also, FYI – the Davenport Community Governance Issues briefing is now with the Prem’s office. Apologies, I forgot this was one straight from you to the Prem, so I’ve updated (in line with our conversation to remove the letter) and approved it. Kirstie also confirmed that the meeting with the Trust is today, so I updated that in the minute too.

Cheers, Jeanie

From: Ambler, Ruth (DPC) Sent: Thursday, 17 December 2020 9:09 AM To: Rossiter, Jeanie (DPC) Cc: Ballintyne, Karen (DPC) ; Saunders, Nerida (DPC‐AAR) ; Parker, Kirstie (DPC‐AAR) Subject: RE: Governance Brief

OFFICIAL

Yes that would be the intention, so send it back in Objective – Karen would that be to you?

Thanks Jeanie.

Ruth Ambler Executive Director Cabinet Office and Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

M +61 0401 120 370 e [email protected] | W dpc.sa.gov.au

200 Victoria Square (Tarndanyangga), Adelaide 5000 GPO Box 2343, Adelaide 5001 DX 56201

From: Rossiter, Jeanie (DPC) Sent: Thursday, 17 December 2020 8:41 AM To: Ambler, Ruth (DPC) Cc: Ballintyne, Karen (DPC) ; Saunders, Nerida (DPC‐AAR) ; Parker, Kirstie (DPC‐AAR) Subject: RE: Governance Brief

OFFICIAL

Hi Ruth,

Thank you for the update. Happy for them to be sent through directly.

Would the intent be to update the briefing that is currently in the system to add the draft ToR and include an additional para (only brief) about the meeting on Friday? If so, I can return the workflow in Objective for those changes to be made.

Thanks, Jeanie

From: Ambler, Ruth (DPC) Sent: Wednesday, 16 December 2020 5:12 PM To: Rossiter, Jeanie (DPC) Cc: Ballintyne, Karen (DPC) ; Saunders, Nerida (DPC‐AAR) ; Parker, Kirstie (DPC‐AAR) Subject: Governance Brief

OFFICIAL

Jeanie, as per my earlier discussion with Jon, I’ve spoken with Richard Yeeles about this one. As it turns out, the Premier is meeting with Mark Koolmatrie (the proponent who is making/facilitating the complaints) on Friday afternoon and the Premier is keen to discuss the Parliamentary Committee option with him.

Therefore Richard would like us to add a draft high‐level TOR to the brief to assist in these discussions. The team will get this to you tomorrow to add to the brief.

If I have a chance to look it over all well and good, but I don’t want to be a blocker as I have a few meetings in the PM, so if you are Ok Jeannie I’m happy for Karen, or whoever the key drafter is, to provide these direct to you via Nerida.

Cheers,

Ruth

Ruth Ambler Executive Director Cabinet Office and Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

M +61 0401 120 370 e [email protected] | W dpc.sa.gov.au

200 Victoria Square (Tarndanyangga), Adelaide 5000 GPO Box 2343, Adelaide 5001 DX 56201

4 30

Cranwell, Denise (DPC)

From: Ballintyne, Karen (DPC) Sent: Thursday, 17 December 2020 11:04 AM To: Rossiter, Jeanie (DPC); Alpers, Sarah (DPC-AAR) Subject: first cut TOR Attachments: ToR.docx

OFFICIAL: Sensitive

Hi Jeanie / Sarah

Seeking your expert eye over the first cut of the governance ToRs

Probably more detailed than needs to be, so cut away

Sarah , Keen to get a cultural lens

Wan tot get it to Ruth about 12.30 so your feedback asap is much appreciated .

Thanks

Karen Ballintyne Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet 0417 474 746

1 31

Aboriginal Lands Trust Parliamentary Standing Committee

Review of Governance standards in South Australian Aboriginal Community Controlled organisations Draft Terms of Reference The Aboriginal Lands Trust Parliamentary Standing Committee is requested under Part 2, Division 2 Section 6 (e) to review governance standards in South Australian Aboriginal Community Controlled organisations. In particular the Committee will consider:

- a proactive solutions-based approach to support improvements to Aboriginal community governance - a comprehensive governance and capacity building framework to support South Australian Aboriginal organisations and corporations deliver on Aboriginal community aspirations for self-determination. - policies, processes and structures relevant to Aboriginal community controlled organisations that will better support directors and boards to mitigate real or perceived conflicts such as nepotism, family issues, misuse or mis-management and other issues that contribute to poor governance in general. - practical examples for Aboriginal community control organisations in the South Australian context of how to implement good governance principles such as: - accountability - transparency - integrity - cultural authority - efficiency - leadership. - pathways to support young Aboriginal people and Aboriginal women to step into leadership roles in their communities - be future focussed, recognising that Aboriginal communities want to be empowered to manage their own affairs, a key element of the new National Agreement on Closing the Gap.

Scope and Nature of Inquiry In making inquiries the Committee will ensure Aboriginal and Torres Strait Islander representatives can speak without fear of reprisals or repercussions. - This is a review of Governance standards generally, not a review or inquiry into any one particular organisation. - No individual person or organisation should be identified without their permission in any public hearings, interim or final reports of the Committee. - Where the Committee finds evidence of or allegations of corrupt or otherwise criminal activity, they will refer the matter to the South Australian Police.

South Australian Aboriginal organisations are registered and operate under a range of legislation and other management arrangements such as the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) (Commonwealth), the Associations Incorporation Act 1985 (SA), and the Landscape South Australia Act 2019. - Where the committee finds evidence or allegations of maladministration, they will refer the matter to the relevant regulatory authority. - The Committee are not required to inquire into matters being dealt with by another inquiry, investigation, criminal or civil proceeding.

Timeframe A final report will be expected by 30 June 2021, to align with the timeframe for completion of implementation planning for the Closing the Gap Agreement.

The South Australian Government has committed to building formal Aboriginal and Torres Strait Islander community-controlled sectors to deliver services to support Closing the Gap. The findings of this review will help to inform how the Government will deliver on this commitment.

Cranwell, Denise (DPC)

From: Alpers, Sarah (DPC-AAR) Sent: Thursday, 17 December 2020 11:45 AM To: Rossiter, Jeanie (DPC); Ballintyne, Karen (DPC) Subject: RE: first cut TOR Attachments: ALPSC ToR (SA edit 171220).docx

OFFICIAL: Sensitive

Hi Karen, Please see my track changes edit attached. I agree with Jeanie’s comments re incorporating point 3 into point 4. Haven’t done this on my version, but support this change. I’ve also added some other points and moved point 1 to the scope. See what you think and happy to discuss. Cheers Sarah

From: Rossiter, Jeanie (DPC) Sent: Thursday, 17 December 2020 11:36 AM To: Ballintyne, Karen (DPC) ; Alpers, Sarah (DPC‐AAR) Subject: RE: first cut TOR

OFFICIAL: Sensitive

Hi Karen,

I think these cover off the issues well, noting my limited understanding or involvement.

Couple of things to consider:  with regards to point 3 – do we want to specifically call out these issues? Will it be considered inflammatory?

 I think in practice, Point 4 will address the issues covered in Point 3, without having to draw these out specifically. Suggest removing Point 3 and revising Point 4 as follows:

policies, processes and structures that would support Aboriginal community controlled organisations to implement good governance principles such as: - accountability - transparency - integrity (including management of real or perceived conflicts of interest) - cultural authority - efficiency - leadership.

 I would suggest moving point 6 to the scope section, because it is actually speaking to how we want the review to be undertaken, rather than a consideration itself.

The only other question I have is the timeframe – would 6 months be sufficient, given the complexity of the issue and the consultation that is going to be required (particularly given potential covid impacts)? Noting it may be a preference from above, but I do think it’s worth being realistic in the timeframes that we are recommending be provided.

Hope this is helpful. Happy to have a chat. 1

Thanks, Jeanie

From: Ballintyne, Karen (DPC) Sent: Thursday, 17 December 2020 11:04 AM To: Rossiter, Jeanie (DPC) ; Alpers, Sarah (DPC‐AAR) Subject: first cut TOR

OFFICIAL: Sensitive

Hi Jeanie / Sarah

Seeking your expert eye over the first cut of the governance ToRs

Probably more detailed than needs to be, so cut away

Sarah , Keen to get a cultural lens

Wan tot get it to Ruth about 12.30 so your feedback asap is much appreciated .

Thanks

Karen Ballintyne Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet 0417 474 746

2 33

Aboriginal Lands Trust Parliamentary Standing Committee

Review of gGovernance standards in South Australian Aboriginal cCommunity cControlled organisations Draft Terms of Reference The Aboriginal Lands Trust Parliamentary Standing Committee (the Committee) is requested under Part 2, Division 2 Section 6 (e) to review governance standards in South Australian Aboriginal cCommunity cControlled organisations. In particular the Committee will consider:

- a proactive solutions-based approach to support improvements to Aboriginal community governance - a comprehensive governance and capacity building framework to support South Australian Aboriginal organisations and corporations deliver on Aboriginal community aspirations for self-determination. - policies, processes and structures relevant to Aboriginal community controlled organisations that will better support directors and boards to: - meet their statutory and financial obligations Formatted - manage their organisations for the benefit of their communities - mitigate real or perceived conflicts such as nepotism, family issues, misuse or mis-management and other issues that contribute to poor governance in general. - an overview of examples of good governance in First Nations’ organisations nationally and internationally and what lessons can be learned for South Australian Aboriginal community controlled organisations - practical examples for Aboriginal community controlled organisations in the South Australian context of how to implement good governance principles such as: - accountability - transparency - integrity - cultural authority - efficiency - leadership. - pathways to support young Aboriginal people and Aboriginal women to step into leadership roles in their communities - be future focussed, recognising that Aboriginal communities want to be empowered to manage their own affairs, a key element of the new National Agreement on Closing the Gap.

Scope and Nature of Inquiry The South Australian Government has committed to building formal Aboriginal and Torres Strait Islander community-controlled sectors to deliver services to support Closing the Gap. The findings of this review will help to inform how the Government will deliver on this commitment.

In undertaking this review the Committee is encouraged to take a proactive solutions-based Formatted: Font: (Default) Times New Roman, 12 pt approach to support improvements to Aboriginal community governance. Formatted: Normal, No bullets or numbering

Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Custom Color(RGB(29,29,29))

Formatted: Font: (Default) Times New Roman, 12 pt In making inquiries the Committee will ensure Aboriginal and Torres Strait Islander representatives can speak without fear of reprisals or repercussions. - This is a review of Governance standards generally, not a review or inquiry into any one particular organisation. - No individual person or organisation should be identified without their permission in any public hearings, interim or final reports of the Committee. - Where the Committee finds evidence of or allegations of corrupt or otherwise criminal activity, they will refer the matter to the South Australian Police or the Independent Commissioner Against Corruption.

Timeframe A final report will be expected by 30 June 2021, to align with the timeframe for completion Commented [AS(1]: Under the ALPSC Act, the Committee of implementation planning for the Closing the Gap Agreement. must refer the report to both Houses of Parliament. Is 30 June 2021, the date for this, or when the Premier wants the report, assuming he can see it before it goes to Parliament? The South Australian Government has committed to building formal Aboriginal and Torres Strait Islander community-controlled sectors to deliver services to support Closing the Gap. The findings of this review will help to inform how the Government will deliver on this commitment.

Cranwell, Denise (DPC)

From: Alpers, Sarah (DPC-AAR) Sent: Thursday, 17 December 2020 11:53 AM To: Ballintyne, Karen (DPC) Cc: Rossiter, Jeanie (DPC) Subject: FW: first cut TOR Attachments: ALPSC ToR (SA edit 171220).docx

OFFICIAL: Sensitive

Hi Karen again, Some quick additional thoughts ‐ there is a lot for the committee to do, and I think we need to limit the focus further – good to start broad, but am seeking guidance on what are the outcomes the Premier wants? And agree again with Jeanie, 6 months may be too short a timeframe, unless we limit the scope further. Cheers Sarah

From: Alpers, Sarah (DPC‐AAR) Sent: Thursday, 17 December 2020 11:45 AM To: Rossiter, Jeanie (DPC) ; Ballintyne, Karen (DPC) Subject: RE: first cut TOR

OFFICIAL: Sensitive

From: Rossiter, Jeanie (DPC) Sent: Thursday, 17 December 2020 11:36 AM To: Ballintyne, Karen (DPC) ; Alpers, Sarah (DPC‐AAR) Subject: RE: first cut TOR

OFFICIAL: Sensitive

Hi Karen,

I think these cover off the issues well, noting my limited understanding or involvement.

Couple of things to consider:  with regards to point 3 – do we want to specifically call out these issues? Will it be considered inflammatory?

 I think in practice, Point 4 will address the issues covered in Point 3, without having to draw these out specifically. Suggest removing Point 3 and revising Point 4 as follows:

policies, processes and structures that would support Aboriginal community controlled organisations to implement good governance principles such as:

1 - accountability - transparency - integrity (including management of real or perceived conflicts of interest) - cultural authority - efficiency - leadership.

 I would suggest moving point 6 to the scope section, because it is actually speaking to how we want the review to be undertaken, rather than a consideration itself.

Hope this is helpful. Happy to have a chat.

Thanks, Jeanie

From: Ballintyne, Karen (DPC) Sent: Thursday, 17 December 2020 11:04 AM To: Rossiter, Jeanie (DPC) ; Alpers, Sarah (DPC‐AAR) Subject: first cut TOR

OFFICIAL: Sensitive

Hi Jeanie / Sarah

Seeking your expert eye over the first cut of the governance ToRs

Probably more detailed than needs to be, so cut away

Sarah , Keen to get a cultural lens

Wan tot get it to Ruth about 12.30 so your feedback asap is much appreciated .

Thanks

Karen Ballintyne Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet 0417 474 746

2 35

Cranwell, Denise (DPC)

From: Della-Verde, Hellen (DPC-AAR) Sent: Thursday, 29 April 2021 4:24 PM To: Truong-Tran, Kim (DPC) Subject: FW: draft ToR for review Attachments: ALPSC ToR.docx

OFFICIAL: Sensitive

Hellen Della-Verde Senior Business Support Officer/EA to Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

Ph: +61 (8) 830 30726 | Fax: +61 (8) 8226 8999 hellen.della‐[email protected]

Level 16 Wakefield House, 30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 29 April 2021 3:59 PM To: Della‐Verde, Hellen (DPC‐AAR) Subject: FW: draft ToR for review

OFFICIAL: Sensitive

From: Ballintyne, Karen (DPC) Sent: Thursday, 17 December 2020 1:14 PM To: Parker, Kirstie (DPC‐AAR) ; Saunders, Nerida (DPC‐AAR) Subject: draft ToR for review

OFFICIAL: Sensitive

Kirstie / Nerida

1 I have run this past Jeanie and Sarah and incorporated their feedback ,so now seeking your review. I have a time in Ruth’s diary for her to look at it at 2: 30 so grateful for any feedback before then if possible.

Biggest issue is still matching timing to scope,

Thanks Kb Karen Ballintyne Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet 0417 474 746

2 36

Aboriginal Lands Parliamentary Standing Committee

Review of governance standards in South Australian Aboriginal community controlled organisations Draft Terms of Reference The Aboriginal Lands Parliamentary Standing Committee (the Committee) is requested under Part 2, Division 2 Section 6 (e) to review governance standards in South Australian Aboriginal community controlled organisations. In particular the Committee will consider:

1. The key elements of a comprehensive governance capacity-building framework that will support South Australian Aboriginal organisations and corporations deliver on Aboriginal community aspirations for self-determination. This may include: a. what policies, processes, structures will better support directors and boards to meet their statutory and financial obligations and manage their organisations for the benefit of their communities b. best practice in training and mentor supports c. examples of good governance in First Nations’ organisations nationally and internationally that have local relevance, including practical examples of how to implement good governance principles such as:  accountability  transparency  integrity (including management of real or perceived conflicts of interest)  cultural authority  efficiency  leadership. 2. The pathways to support young Aboriginal people and Aboriginal women to step into leadership roles in their communities.

In undertaking this review the Committee is encouraged to take a proactive solutions-based approach to support improvements to Aboriginal community governance.

In making inquiries the Committee will ensure Aboriginal and Torres Strait Islander representatives can speak without fear of reprisals or repercussions. - This is a review of Governance standards generally, not a review or inquiry into any one particular organisation.

- No individual person or organisation should be identified without their permission in any public hearings, interim or final reports of the Committee. - Where the Committee finds evidence of or allegations of corrupt or otherwise criminal activity, they will refer the matter to the South Australian Police.

Commented [BK(2]: If the preference is for a short time frame – the start of the delivery phase from July 2021 means the findings could inform capacity building actions for the ACCO sector as the primary service deliver mechanism for CtG initiatives. This would also mean a narrower scope for the review – identify capacity gaps and needs

Cranwell, Denise (DPC)

From: Parker, Kirstie (DPC-AAR) Sent: Thursday, 17 December 2020 1:32 PM To: Ballintyne, Karen (DPC); Saunders, Nerida (DPC-AAR) Subject: RE: draft ToR for review Attachments: ALPSC ToR - KP Edit.docx

OFFICIAL

Good stuff, Karen.

A few tracked suggested edits in the attached from me.

Kirst

From: Ballintyne, Karen (DPC) Sent: Thursday, 17 December 2020 1:14 PM To: Parker, Kirstie (DPC‐AAR) ; Saunders, Nerida (DPC‐AAR) Subject: draft ToR for review

OFFICIAL: Sensitive

Kirstie / Nerida

I have run this past Jeanie and Sarah and incorporated their feedback ,so now seeking your review. I have a time in Ruth’s diary for her to look at it at 2: 30 so grateful for any feedback before then if possible.

Biggest issue is still matching timing to scope,

Thanks Kb Karen Ballintyne Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet 0417 474 746

1 38

Aboriginal Lands Parliamentary Standing Committee

1. The key elements of a comprehensive governance capacity-building framework that will support South Australian Aboriginal organisations and corporations to deliver on Aboriginal community aspirations for self-determination. This may include: a. what policies, processes, structures will better support directors and boards to meet their statutory and financial obligations and manage their organisations for the benefit of their communities b. best practice in training and mentor supports c. examples of good governance in First Nations’ organisations nationally and internationally that have local relevance, including practical examples of how to implement good governance principles such as:  accountability  transparency  integrity (including management of real or perceived conflicts of interest)  cultural authority  efficiency  leadership. 2. The Specific pathways to support young Aboriginal people and Aboriginal women to step into leadership roles in their communities.

Scope and Nature of Inquiry The South Australian Government has committed to working in partnership with and supporting the developmentbuilding of formal Aboriginal and Torres Strait Islander community-controlled sectors to address priority reforms areas and meet specific targets deliver contained within the National Agreement on services to support Closing the Gap. The findings of this review will help to inform how the Government does sowill deliver on this commitment.

In undertaking this review, the Committee is encouraged to take a proactive solutions-based approach to support improvements to Aboriginal community governance.

In making inquiries, the Committee will ensure Aboriginal and Torres Strait Islander people representatives can speak without fear of reprisals or repercussions.

- This is a review of Governance standards generally, not a review or inquiry into any one particular organisation. - No individual person or organisation should be identified without their permission in any public hearings, interim or final reports of the Committee. - Where the Committee finds evidence of or allegations of corrupt or otherwise criminal activity, they will refer the matter to the South Australian Police.

Commented [PK(2]: I don’t think this will align with the timeframe? Wouldn’t the implementations plan need to be finalised by, say, end of May in order to progress it through Joint Council processes and prepare it for public release? Commented [BK(3]: If the preference is for a short time frame – the start of the delivery phase from July 2021 means the findings could inform capacity building actions for the ACCO sector as the primary service deliver mechanism for CtG initiatives. This would also mean a narrower scope for the review – identify capacity gaps and needs 39

Cranwell, Denise (DPC)

From: Della-Verde, Hellen (DPC-AAR) Sent: Thursday, 29 April 2021 4:23 PM To: Truong-Tran, Kim (DPC) Subject: FW: Governance within Aboriginal Communities - FYI Attachments: Minute - to CE from ED-AAR - Governance within Aboriginal Communities.docx; Minute - to Premier from CE - Governance within Aboriginal Communities.docx; Attachment 1 ALPSC ToR.docx; Premier's Letter - to Presiding Member, Aboriginal Lands Parliamentary Standing Committee.docx

OFFICIAL

Hellen Della-Verde Senior Business Support Officer/EA to Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

Ph: +61 (8) 830 30726 | Fax: +61 (8) 8226 8999 hellen.della‐[email protected]

Level 16 Wakefield House, 30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 29 April 2021 3:59 PM To: Della‐Verde, Hellen (DPC‐AAR) Subject: FW: Governance within Aboriginal Communities ‐ FYI

OFFICIAL

From: Gurney, Kate (DPC‐AAR) Sent: Friday, 18 December 2020 9:42 AM To: Saunders, Nerida (DPC‐AAR) Subject: Governance within Aboriginal Communities ‐ FYI

OFFICIAL

Hi Nerida,

Karen asked me to email you a copy of the final Governance with Aboriginal Communities brief. This is with the CE for urgent signing and sending to Premier’s Office this morning.

Thanks, Kate Gurney Business Support Officer Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

T +61 (08) 8303 0723 | F +61 (08) 8226 8999 E [email protected] | W dpc.sa.gov.au

Level 16, 30 Wakefield St, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

2 OFFICIAL 40

MINUTE Document Ref: B899231 File number: DPC20/0226

TO: A/CHIEF EXECUTIVE, DEPARTMENT OF THE PREMIER AND CABINET

RE: GOVERNANCE WITHIN ABORIGINAL COMMUNITIES

Critical Date: N/A

PURPOSE To provide you with a brief for forwarding to the Premier about ongoing concerns expressed by South Australian Aboriginal community members about poor governance and alleged corruption within Aboriginal organisations.

BACKGROUND Since mid-2020, the Premier has received a series of representations from South Australian Aboriginal community members expressing concerns about the governance of a range of incorporated Aboriginal community organisations and/or corporations including native title bodies.

The concerns expressed range from a lack of transparency, nepotism and bullying to incompetence, maladministration and corruption.

On 16 October 2020, the Premier met in Adelaide with a delegation coordinated by Ngarrindjeri (Ramindjeri, Yaralde, Meintangk, Warki and Tangani Kukabrak) man Mark Koolmatrie and including members of the Adnyamathanha, Kokatha, Kaurna, Narungga, Ngarrindjeri nations and the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands. As well as leading the Aboriginal Reform Group of SA, Mr Koolmatrie is the Chair of the Original Southern South Australian Tribes Indigenous Corporation, and Chair of the South Australian Aboriginal Heritage Committee (SAHC).

There has been extensive national and local media coverage of the Aboriginal Reform Group of SA and Mr Koolmatrie’s call for a judicial inquiry, as well as a significant amount of related commentary on social media. The Premier’s office has received advice that there may be further media coverage in the coming days.

The Aboriginal Reform Group of SA and some non-Indigenous supporters have made strident allegations about numerous SA Aboriginal organisations being under administration or financial investigation; however, DPC-AAR has not been able to confirm this situation.

DISCUSSION 1(1)(e) Disclose deliberation of Cabinet

OFFICIAL 1 OFFICIAL

1(1)(e) Disclose deliberation of Cabinet

In anticipation that the Premier decides to exercise his right under Section 6 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, to refer a matter to the Committee to consider, DPC-AAR has prepared the attached draft letter to the Presiding member of the Standing Committee for the Premier’s consideration.

A consultation draft Terms of Reference (ToR) is at Attachment 1. Further work to refine the scope and timeframe for an inquiry will be progressed in the coming weeks.

DPC-AAR considers the ToR should take account of the range of legislation under which South Australian Aboriginal organisations are registered and operate and other management arrangements such as the CATSI Act (Commonwealth), the Associations Incorporation Act 1985 (SA), and the Landscape South Australia Act 2019. Further, the Premier may wish the Standing Committee provide recommendations about a comprehensive governance and capacity building framework to support South Australian Aboriginal organisations and corporations in their aspirations for self-determination. The Standing Committee’s considerations should be future focussed, recognising that Aboriginal communities want to be empowered to manage their own affairs, a key element of the new National Agreement on Closing the Gap.

There is potential for a range of practical and collaborative actions to occur while the Standing Committee considers the matter. DPC-AAR has contacted the National Indigenous Australians Agency (NIAA) to find out about the Office of the Registrar of Indigenous Corporations’ plans for governance training in South Australia in 2021. There are also other potential providers of governance training, and some communities are also taking positive steps independently to improve governance capability. 5(1)(a)(ii) Confidential intergovermental communication

Once the Premier determines what course of action he intends to take, DPC-AAR will draft separate correspondence for him to respond to the representation by Mr Koolmatrie.

BUDGET There is no immediate budget impact as part of this proposal. However the recommendations of the Parliamentary Standing Committee could result in requests for additional expenditure; particularly if the implementation of a comprehensive governance and capacity building framework is among those recommendations.

OFFICIAL 2 OFFICIAL

RECOMMENDATIONS It is recommended that you:

1. Note this brief. Noted

2. Sign and send the attached minute to the Premier. Approved / Not Approved

______Dr Jon Gorvett ACTING CHIEF EXECUTIVE

/ / 2021

______Ruth Ambler EXECUTIVE DIRECTOR CABINET OFFICE AND ABORIGINAL AFFAIRS AND RECONCILIATION

/ / 2021

Attachments: 1. Minute to the Premier

Contact person: Kirstie Parker, Director, Aboriginal Affairs and Reconciliation Contact number: 8303 0750 or 0410 464 818

OFFICIAL 3 OFFICIAL 41

MINUTE Document Ref: B899267 File number: DPC20/0226

TO: THE PREMIER

RE: GOVERNANCE WITHIN ABORIGINAL COMMUNITIES

Critical Date: N/A

DPC-AAR understands the Aboriginal Reform Group of SA and some non- Indigenous supporters have made strident allegations about numerous Aboriginal Councils in SA being under administration or financial investigation. DPC-AAR has not been able to confirm this situation.

OFFICIAL 1 OFFICIAL

The Native Title Act 1993 (NT Act) requires corporations determined by the Federal Court to hold and manage native title rights and interests to register under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) as Aboriginal and Torres Strait Islander corporations. These corporations are known as Registered Native Title Bodies Corporate (RNTBCs) and their affairs are overseen and regulated by the Office of the Registrar for Indigenous Corporations (ORIC), which delivers training to assist directors of Aboriginal corporations to understand their roles and responsibilities.

There are 20 RNTBCs within South Australia and only one, the Adnyamathanha Tribal Lands Association (ATLA), is currently under special administration. This followed an examination by the Registrar of Indigenous Corporations that found a range of governance issues characterised as ‘chronic and severe’, including a lack of records in relation to meetings, memberships, directorships and spending. ATLA is also under investigation by South Australian Police (SAPOL).

Kokatha Aboriginal Corporation RNTBC (KAC) was previously placed under special administration on 23 September 2019 until 9 October 2020 when the Registrar of Indigenous Corporations announced KAC’s return to members’ control. Out of scope

DISCUSSION Many of the governance issues raised with you are long-standing and widely held. Indeed, a survey conducted by the National Indigenous Australians Agency (NIAA) during its 2019-20 review of the CATSI Act showed governance to be the most important issue to respondents.

1(1)(e) Disclose deliberation of Cabinet

OFFICIAL 2 OFFICIAL

In anticipation that you decide to exercise your right under Section 6 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, to refer a matter to the Committee to consider, I have asked DPC-AAR to prepare the attached draft letter to the Presiding member of the Standing Committee for your consideration.

Further, DPC-AAR have prepared a consultation draft Terms of Reference (ToR). Further work will be needed to refine the scope and timing of the inquiry following consultation. DPC-AAR advises that it will be important that the ToR take account of the range of legislation under which South Australian Aboriginal organisations are registered and operate and other management arrangements such as the CATSI Act (Commonwealth), the Associations Incorporation Act 1985 (SA) and the Landscape South Australia Act 2019.

The consultation draft ToR seek recommendations about a comprehensive governance and capacity building framework to support South Australian Aboriginal organisations and corporations in their aspirations for self-determination, irrespective of the legislation under which these are incorporated.

The Standing Committee’s considerations should be future focussed, recognising that Aboriginal communities want to be empowered to manage their own affairs, a key element of the new National Agreement on Closing the Gap.

There is potential for a range of practical and collaborative actions to occur while the Standing Committee considers the matter. DPC-AAR has contacted the National Indigenous Australians Agency (NIAA) to find out about ORIC’s plans for governance training in South Australia in 2021. There are other potential providers of governance training, including the Australian Indigenous Governance Institute and the Australian Institute of Company Directors (which delivers a specialised Aspiring Indigenous Director Program), and the South Australian Native Title Services Inc. Some communities are also taking positive steps independently to improve governance capability. DPC-AAR will continue to investigate options for improved governance training and support and will provide you with advice on this in due course.

5(1)(a)(ii) Confidential intergovermental communication

Once you determine what course of action you intend to take, DPC-AAR will draft separate correspondence for you to respond to the representation by Mr Koolmatrie.

BUDGET N/A

OFFICIAL 3 OFFICIAL

RECOMMENDATIONS It is recommended that you:

1. Note this briefing. Noted

2. Approve and sign the attached draft letter. Approved / Not Approved

______Hon Steven Marshall MP PREMIER

/ / 2021

______Dr Jon Gorvett A/CHIEF EXECUTIVE

/ / 2021

Attachments: 1. ALPSC ToR 2. Draft letter to the Presiding Member, Aboriginal Lands Parliamentary Steering Committee

Contact person: Kirstie Parker, Director Aboriginal Affairs and Reconciliation Contact number: 8303 0750 or 0410 464 818

OFFICIAL 4 42

Aboriginal Lands Parliamentary Standing Committee

Review of governance standards in South Australian Aboriginal community controlled organisations Consultation Draft Terms of Reference The Aboriginal Lands Parliamentary Standing Committee (the Committee) is requested under Part 2, Division 2 Section 6 (e) to review governance standards in South Australian Aboriginal community controlled organisations. In particular, the Committee will consider:

1. The key elements of a comprehensive governance capacity-building framework that will support South Australian Aboriginal organisations and corporations to deliver on Aboriginal community aspirations for self-determination. This may include: a. what policies and processes will best support directors and boards to meet their statutory and financial obligations and oversee the management of their organisations b. governance structures that enable South Australian Aboriginal community controlled organisations and corporations to maximise economic opportunities for the benefit of their communities c. best practice in training and mentor supports appropriate for boards of Aboriginal community controlled organisations and corporations d. examples of good governance in First Nations’ organisations nationally and internationally that have local relevance, including practical examples of how to implement good governance principles such as:  accountability  transparency  integrity (including management of real or perceived conflicts of interest)  cultural authority  efficiency  leadership. 2. Specific pathways to support young Aboriginal people and Aboriginal women to step into leadership roles in their communities.

Scope and Nature of Inquiry The South Australian Government has committed to work in partnership with and supporting the development of formal Aboriginal community-controlled sectors to address priority reforms areas and meet specific targets contained within the National Agreement on Closing the Gap. The findings of this review will help to inform how the Government can achieve this outcome.

In undertaking this review, the Committee is encouraged to take a proactive solutions-based approach to support improvements to Aboriginal community governance.

In making inquiries, the Committee will ensure Aboriginal people can speak without fear of reprisals or repercussions. - This is a review of Governance standards generally, not a review or inquiry into any one particular organisation. - No individual person or organisation should be identified without their permission in any public hearings, interim or final reports of the Committee. - Where the Committee finds evidence of or allegations of corrupt or otherwise criminal activity, they will refer the matter to the South Australian Police.

Timeframe A final report will be expected by 30 June 2021, to align with the implementation approach for the Closing the Gap National Agreement.

B number

Hon Terry Stephens MP The Presiding Member Aboriginal Lands Parliamentary Standing Committee Parliament House North Terrace Adelaide SA 5000 Email [email protected]

Dear Mr Stephens

As you may be aware, there are mounting concerns within the South Australian Aboriginal community about poor governance and alleged corruption within Aboriginal organisations.

I seek the advice of the Aboriginal Lands Parliamentary Standing Committee on ways to support Aboriginal community aspirations for self‐determination, and would be especially interested in its recommendations about a comprehensive governance and capacity building framework to support South Australian Aboriginal organisations and corporations. I seek this advice under Section 6 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, under which the Functions of the Standing Committee include ‘(e) to consider any other matter referred to the Committee by the Minister’.

Draft Terms of Reference are under development and will be provided as soon as practicable, should the Committee be amenable to this request.

I look forward to receiving your response to this letter.

Yours sincerely

Hon Steven Marshall MP PREMIER OF SOUTH AUSTRALIA

/ / 2020

OFFICIAL 44

MINUTE Document Ref: B899231 File number: DPC20/0226

TO: A/CHIEF EXECUTIVE, DEPARTMENT OF THE PREMIER AND CABINET

RE: GOVERNANCE WITHIN ABORIGINAL COMMUNITIES

Critical Date: N/A

The concerns expressed range from a lack of transparency, nepotism and bullying to incompetence, maladministration and corruption.

DISCUSSION 1(1)(e) Disclose deliberation of Cabinet

OFFICIAL 1 OFFICIAL

1(1)(e) Disclose deliberation of Cabinet

A consultation draft Terms of Reference (ToR) is at Attachment 1. Further work to refine the scope and timeframe for an inquiry will be progressed in the coming weeks.

DPC-AAR considers the ToR should take account of the range of legislation under which South Australian Aboriginal organisations are registered and operate and other management arrangements such as the CATSI Act (Commonwealth), the Associations Incorporation Act 1985 (SA), and the Landscape South Australia Act 2019. Further, the Premier may wish the Standing Committee to provide recommendations about a comprehensive governance and capacity building framework to support South Australian Aboriginal organisations and corporations in their aspirations for self-determination. The Standing Committee’s considerations should be future focussed, recognising that Aboriginal communities want to be empowered to manage their own affairs, a key element of the new National Agreement on Closing the Gap.

There is potential for a range of practical and collaborative actions to occur while the Standing Committee considers the matter. DPC-AAR has contacted the National Indigenous Australians Agency (NIAA) to find out about the Office of the Registrar of Indigenous Corporations’ plans for governance training in South Australia in 2021. There are also other potential providers of governance training, and some communities are also taking positive steps independently to improve governance capability. 5(1)(a)(ii) Confidential intergovermental communication

Once the Premier determines what course of action he intends to take, DPC-AAR will draft separate correspondence for him to respond to the representation by Mr Koolmatrie.

OFFICIAL 2 OFFICIAL

RECOMMENDATIONS It is recommended that you:

1. Note this brief. Noted

2. Sign and send the attached minute to the Premier. Approved / Not Approved

Dr Jon Gorvett ACTING CHIEF EXECUTIVE

18/12 / 2021

______Ruth Ambler EXECUTIVE DIRECTOR CABINET OFFICE AND ABORIGINAL AFFAIRS AND RECONCILIATION

/ / 2021

Attachments: 1. Minute to the Premier

Contact person: Kirstie Parker, Director, Aboriginal Affairs and Reconciliation Contact number: 8303 0750 or 0410 464 818

OFFICIAL 3 45 Out of scope

1(1)(e) Disclose deliberation of Cabinet 5(1)(a)(ii) Confidential intergovermental communication

Cranwell, Denise (DPC)

From: Yeeles, Richard (DPC) Sent: Tuesday, 5 January 2021 7:10 AM To: Ambler, Ruth (DPC); Saunders, Nerida (DPC-AAR); Parker, Kirstie (DPC-AAR) Subject: Fortnightly catch up

OFFICIAL

Good Morning Ladies

For our fortnightly catch up at 1.30 today would like to raise following –

Out of scope

3. Correspondence to Chair of ALPSC about review of governance standards in South Australian community controlled organisations Out of scope

Richard

1 48

Cranwell, Denise (DPC)

From: Yeeles, Richard (DPC) Sent: Tuesday, 5 January 2021 7:31 AM To: Ambler, Ruth (DPC); Saunders, Nerida (DPC-AAR); Parker, Kirstie (DPC-AAR) Subject: Information for fortnightly catch up Attachments: 5-01-2021_7-14-26_.pdf

OFFICIAL: Sensitive

Further to my previous email, attached are documents relating to two matters I would like to discuss

1. Governance within Aboriginal communities – the Premier has sent attached ToR to Chair of ALPSC – please note he included an additional term three relating to evidence about current governance arrangements Out of scope

Richard

1 49

Cranwell, Denise (DPC)

From: Tribal owners Sent: Sunday, 10 January 2021 6:16 PM To: Forde, Toby (DPC-AAR) Cc: Walsh, Jill (DPC-AAR); Fiona Singer Subject: Newspaper

Hi Toby. I was going to leave this until tomorrow but it’s too important to leave as we all have to be on the front foot. I’ve just been told there will be a huge piece in both Advertiser and Australian this Saturday on any and all of the following; The catastrophe of the authorisation of Lake Torrens, the demand for a Royal Commission into Aboriginal communities, the vote of no confidence in Steven Marshall as Aboriginal Affairs Minister, the dismissal of Nerida and Roger, the death threats to myself as chair of state heritage ( this may not happen as I haven’t even made comment or fed anything to the journalists but somehow he may weave it into his story to demonstrate that SA is in crisis) and the role the mining industry and native title has played in SA. I was told that these are just to name a few starting points to come out Saturday and over coming weeks and months. I think the regs you send out during the week of what we as members can discuss was great as we need to all be clear as members what we can and more so cannot say. At our next meeting maybe we could discuss the role as T/Os as potentially some maybe bombarded soon especially if discussion comes as T/Os rather than members and our views as T/Os becoming public as opposed to views as committee members. Call me tomorrow if you like. Thanks. Mark ( I have cc both Jill and Fiona in this).

Chairperson State Aboriginal Heritage Committee- SA. Owner -Tribal Expertise Facility. Business Website: https://kula-tind-jeri.com/ Email: [email protected] Phone: (+61)0- 459371515 Monday’s 162 Main Road McLaren Vale SA Tuesday-Sunday flexible.

1 51

Cranwell, Denise (DPC)

From: Della-Verde, Hellen (DPC-AAR) Sent: Thursday, 29 April 2021 4:25 PM To: Truong-Tran, Kim (DPC) Subject: FW: Governance project Attachments: Goverance Project project plan.docx

OFFICIAL

Hellen Della-Verde Senior Business Support Officer/EA to Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

Ph: +61 (8) 830 30726 | Fax: +61 (8) 8226 8999 hellen.della‐[email protected]

Level 16 Wakefield House, 30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 29 April 2021 4:08 PM To: Della‐Verde, Hellen (DPC‐AAR) Subject: FW: Governance project

OFFICIAL

From: Ballintyne, Karen (DPC) Sent: Monday, 18 January 2021 4:20 PM To: Parker, Kirstie (DPC‐AAR) ; Saunders, Nerida (DPC‐AAR) Subject: Governance project

OFFICIAL

Nerida / Kirstie

Our budget conversation this morning reminded me I had started this project plan in the ‘quiet’ first week of January just to get it straight in my head.

I am a bit concerned that this plan is focussed a lot on training and after a couple of further conversations I just want to check if I’ve picked up on the right things to be doing now.

Grateful for your thoughts.

Thanks Karen 0417 474 746

2 52

06 January 2021 Project Plan: Aboriginal Governance

Project Status: SCOPING | UNDERWAY | CLOSED Project outline

Outline In light of ongoing concerns expressed by South Australian Aboriginal community members about poor governance and alleged corruption within Aboriginal organisations, the Premier has requested a proactive solutions-based approach to support improvements to Aboriginal community governance.

This includes referring the matter to the Aboriginal Lands Parliamentary Standing Committee (ALPSC). The ALPSC are expected to report by the end of June 2021. In the meantime, DPC-AAR and Cabinet Office will implement a range of practical and collaborative actions to support governance capability in Aboriginal Community Controlled Organisations (ACCOs) and individual Aboriginal leaders.

Scope and The objective is to improve governance through a coordinated and proactive objective(s) approach. This will include training, skill development and other practical actions that the public sector can assemble in collaboration with other stakeholders who have the expertise, resources and mandate for improving governance. The project will run initially from January-June 2021, at which point the scope may need to be revised based on findings/ recommendations of the ALPSC. DPC-AAR will lead the project with support from Cabinet Office (Boards and Committees team) and the Aboriginal Affairs Executive Committee. DPC- AAR has up to [$90 000] within its existing budget, that it could contribute to pilot training programs if required, once other resources have been identified and committed by other partners.

Deliverable(s)  Letter and Terms of Reference for APLSC inquiry  Increase in governance training made available and attended by Aboriginal Leaders  Discussion paper for Premier to consider tabling at the National Federation Reform Council’s newly established Indigenous Affairs Taskforce when the Taskforce meets to decide its priorities.  Premier’s response letter to the representation led by Mr M Koolmatrie  Budget bid for 2021-22 budget to fund a governance capability strategy for NGO sector (primarily ACCOs). The strategy will have regard to the findings of the ALPSC report and Closing the Gap implementation plan.

Page 1 of 7 OFFICIAL

Strategic Governance issues in ACCOs are longstanding and widely prevalent. There are approach existing efforts nationally and by individual organisations to improve governance. This project will aim to bring together the key players to identify best practice training and practical support and test/ trial some short-term options. This, along with the anticipated findings of the ALPSC inquiry, will inform a statewide strategic approach to building governance capability for the longer term. Getting this issue on the National Indigenous Taskforce agenda will also support the implementation of the Closing the Gap priority for ACCOs as the main service delivery mechanism.

Reflections PROJECT CLOSURE ONLY – briefly reflect on whether the project cope changed, whether all deliverables were achieved and whether the strategic approach was appropriate.

Critical success factors

Critical success factor Risk / impact Mitigation Result Outline each critical success What is the risk of the critical What mitigation strategies that can be PROJECT factor. success factor not being met? applied to reduce the risk or impact? CLOSURE How likely is this? ONLY

Success depends on a There is a risk that key AAR will meet with each Did the risk coordinated, consistent stakeholders are limited stakeholder to gauge eventuate approach and rallying in what they can offer or interest and commitment and were the support from existing contribute due to other then bring parties together mitigation strategies sources. Engagement of priorities, mandates, to negotiate scope, successful. key external players funding or credibility with boundaries and flexible such as ORIC, SANTS, relevant Aboriginal options which, when AIGA, AICD, DIS/ TAFE communities combined, create a will be critical comprehensive package.

Success depends on ACCOs are independent AAR is building strong ACCOs acknowledging and may see this as working relationships with governance issues and government interference ACCOs through the weekly being open to COVID phone hook-ups and intervention through its engagement with SAACCON. Using these forums for joint decision making will help to engage ACCOs in identifying issues and strategies to address them.

The ALPSC inquiry – There may be a view that Individual ACCOs are happening concurrently we should wait for the already taking steps to build will be a critical influence committee to report governance capability. A before doing anything. more coordinated and consistent approach will

prepare the way for implementing any

Page 2 of 7 OFFICIAL

recommendations or findings from the ALPSC

inquiry that support good governance. The inquiry may be The Terms of Reference for viewed as threatening by the ALPSC inquiry set a some stakeholders and future-focus and ensures may impact their privacy for individual people willingness to engage. and organisations.

Authority and Governance

Authorising On 29 December 2020 the Premier approved the scope and course of environment action outlines in this project plan (B899267/ DPC20/0226 refers).

Project sponsor Nerida Saunders, Executive Director, Aboriginal Affairs and Reconciliation

Governance structure A working group of key stakeholders will be established chaired by a Director (Project Lead) in AAR.

Resourcing DPC Finance must be consulted on the budget table.

Budget Expected cost Actual cost Source

Budget expenditure . PROJECT A funding envelop of $ 90,000 is is mostly expected CLOSURE ONLY available within AARs exiting budget to be for delivery of to be expended before 30 June 2021. training products.

This will be more fully scoped once DPC Finance has confirmed there are existing services are sufficient uncommitted funds for this fully utilised and any project in 2020-21 FY allocation. gaps in service delivery become clear.

Total The total budget If costs are being funded from difference cost of all items. sources, include a sub-total for each budget source.

Staffing Project Lead: Karen Ballintyne (Director in AAR until March 2021). Karen will lead the project through the establishment phase while working in AAR with

Page 3 of 7 OFFICIAL

officer level support from within AAR. As the project moves into delivery phase, Karen will absorb the project lead within her duties in Cabinet Office. Additional policy office support can be drawn from Cabinet Office if required. FOR REFLECT CLOSURE ONLY – reflect on any changes to staffing during the project.

Opportunity cost The additional capacity created in AAR by adding a temporary Director position for 3 months means this project can be undertaken without impacting other critical work. The project deliverables include a budget bid for any new business in 2021-22 and beyond that may result from this project and the ALPSC report.

Phases

Project timeframe (days) and type Project end date

Calculated January – February (8 weeks) The project will end on 30 June to coincide with  deliver written products end of spending approval and delivery of ALPSC  meet key stakeholders report which will inform next steps.  engage with ACCOs  scan existing programs

March – May (12 weeks)  service delivery and identify gaps  identify / develop training modules  deliver pilot training and support programs

June (4 weeks)  project wrap up/ handover  evaluation  report to Premier Actual PROJECT CLOSURE ONLY

Milestones Critical Dates Date achieved

Phase 1: Initiation Project plan complete Early Jan 2021 What needs to occur before the project commences (e.g. Letter and Terms of Complete On time business cases, establishing Reference for APLSC inquiry governance arrangements, approvals). Premier Minute noting Complete approved proposed scope of work 29/12/2020

Page 4 of 7 OFFICIAL

Phase 2: Development Scan current level of training By February What needs to occur before the being provided/ available for project can be implemented 2020 baseline to measure (e.g. approvals, negotiations, impact of this project in funding agreements, increasing training delivered contracting, consultation, drafting of Bills, communications Prepare budget bid By end January plan). Meeting with key By February stakeholders

Proposal for Premier to take Check date of first to National Indigenous meeting with IGR taskforce

Consult with ALPSC re: When response support / AAR submission received from ALPSC

Comms strategy – to gather By February /share information, assess needs

Phase 3: Delivery Stocktake of Available By February Implementation stage (e.g. final courses/ providers – off the approvals, launches, contract shelf execution). Identify gaps and decide best delivery method

Track /monitor delivery of March – May training and other practical supports

Phase 4: Finalisation Identify ongoing tasks and June owner The winding down of the project (e.g. agreement on handover, communications, acquittals, any tidy-up, website updates).

Phase 5: Closure Evaluation, final

communications, next steps. Evaluation complete Mid-June

Project closure report Minute to Premier before 30 June

Page 5 of 7 OFFICIAL

Stakeholders and reporting

Stakeholder Engagement strategy Relevant phases

Identify each stakeholder group: eg Outline an engagement strategy for each group. Which phases is divisions within DPC, other agencies, this a group a NGOs, community, business, peak e.g. method of communication, timeframes. stakeholder for? body.

ACCOs Existing communication channels in AAR All

SAACCON Existing communication channels in AAR All

Cwth ORIC Training deliverer for specific ACCOs All

NIAA Connection to National agenda All

DIS Existing training package formerly All delivered through TAFE

AIGA Training deliverer All Best practice advice for Aboriginal Governance

AICD Training deliverer All

SANTS Training deliverer for specific ACCOs All

PMO Dashboard Yes ☐ No ☒

DPC Annual Report Yes ☐ No ☒

Executive Leadership Team Yes ☒ No ☐

Aboriginal Affairs Business Plan Yes ☒ No ☐

COAARL Yes ☒ No ☐

CE Performance Agreement Yes ☐ No ☒

Business Plan Yes ☐ No ☒

Premier Yes ☒ No ☐

Page 6 of 7 OFFICIAL

Handover and project closure

Handover strategy Dependent on outcome of ALPSC inquiry

Next steps A state-wide strategy to build and maintain good governance for ACCOs is a likely next step depending on the findings in the ALPSC report.

Variations PROJECT CLOSURE ONLY – any variations to the handover strategy or next steps. Evaluation plan This project will be considered complete when…

Outputs and Outcomes Type Measurement

a package of training and other practical Output An increase in training delivered against a support options have been delivered to base line of what occurred in 2020. ACCOs

A range of tested / proven strategies are Output Survey feedback on types of support identified offered: training, mentoring, work experience, skills development.

Training / support providers work in a Outcome Comprehensive training / support program coordinated and consistent way to in in place maximise reach and impact ACCOs take up training / support options

National Indigenous Taskforce agree to Outcome Policy paper presented at National level governance as a priority

Document Owner Karen Ballintyne, AAR, Phone: 0417 474 746 Email: [email protected]

Page 7 of 7 OFFICIAL

Cranwell, Denise (DPC)

From: Tribal owners Sent: Tuesday, 2 February 2021 6:33 PM To: Walsh, Jill (DPC-AAR); Van Wessem, Alexander (DPC-AAR); Fiona Singer Subject: FYI

Follow Up Flag: Flag for follow up Flag Status: Flagged https://www.transcontinental.com.au/story/7109668/aboriginal-lands-inquiry-at- last/?fbclid=IwAR2HEq2pNZATuNgmMehBkazH1lBufo6we5JqOyOSyGITLPxdiR8YSdoZhNY

1 54

Cranwell, Denise (DPC)

From: Wanganeen, Tahlia (DPC) Sent: Wednesday, 3 February 2021 2:49 PM Subject: Review of governance standards in SA Aboriginal Community Controlled Organisations

OFFICIAL

Hi All,

In today’s InDaily if you are interested – article relating to request for Parliament’s standing committee on Aboriginal lands to consider a review of governance standards in SA Aboriginal Community Controlled Organisations. Click link for further detail https://indaily.com.au/news/2021/02/03/game‐changer‐marshall‐urges‐major‐inquiry‐into‐aboriginal‐self‐ governance/?utm_medium=email&utm_campaign=INDAILY%20February%203%202021&utm_content=INDAILY%20Feb ruary%203%202021+CID_c499d937a8a0d85aa8077358479261bf&utm_source=EDM&utm_term=READ%20MORE

Kind regards,

Tahlia Wanganeen Senior Project Officer Policy and Statewide Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

P: +61 (8) 8303 0735 (Mon ‐ Thurs ONLY) E: [email protected] | W: www.dpc.sa.gov.au A: Level 16, Wakefield House, 30 Wakefield Street ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001

We acknowledge and respect the traditional custodians of these ancestral lands. We acknowledge the deep feelings of attachment and relationship of Aboriginal people to Country.

1 55

Cranwell, Denise (DPC)

From: Walsh, Jill (DPC-AAR) Sent: Wednesday, 3 February 2021 2:59 PM To: Mark Koolmatrie Subject: FW: Review of governance standards in SA Aboriginal Community Controlled Organisations

OFFICIAL

FYI Mark

https://indaily.com.au/news/2021/02/03/game‐changer‐marshall‐urges‐major‐inquiry‐into‐aboriginal‐self‐ governance/?utm_medium=email&utm_campaign=INDAILY%20February%203%202021&utm_content=INDAILY%20Feb ruary%203%202021+CID_c499d937a8a0d85aa8077358479261bf&utm_source=EDM&utm_term=READ%20MORE

Jill Walsh Executive Officer – State Aboriginal Heritage Committee Senior Project Officer, Heritage Aboriginal Heritage Branch, Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

T +61 (8) 8303 0741 | F +61 (8) 8226 8999 E [email protected] | W dpc.sa.gov.au

Level 16/30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

The Department of the Premier and Cabinet acknowledges and respects Aboriginal people as the state’s First People and Nations, and recognises Aboriginal people as Traditional Owners and occupants of South Australian land and waters.

1 56

Cranwell, Denise (DPC)

From: Ballintyne, Karen (DPC) Sent: Thursday, 4 February 2021 9:51 AM To: Ambler, Ruth (DPC); Saunders, Nerida (DPC-AAR); Parker, Kirstie (DPC-AAR) Cc: Alpers, Sarah (DPC-AAR) Subject: RE: Parliament to probe Aboriginal governance | Seven news faces ratings challenge | China tariffs hit wine exports Attachments: Attachment 1 ALPSC ToR.pdf

OFFICIAL

I recall we asked Richard this and he replied that the TORs had been sent with letter, ‐ can’t seem to find that email trail just now , but have checked Objective (ID wB1125105) and the ToRs have been approved and PDFd with the additional line that Richard included in the minute about investigating current matters

Karen

From: Ambler, Ruth (DPC) Sent: Wednesday, 3 February 2021 5:23 PM To: Saunders, Nerida (DPC‐AAR) ; Parker, Kirstie (DPC‐AAR) ; Ballintyne, Karen (DPC) Subject: FW: Parliament to probe Aboriginal governance | Seven news faces ratings challenge | China tariffs hit wine exports

OFFICIAL

Note the inquiry article.

Do we need to do anything further re the TOR?

Ruth Ambler Executive Director Cabinet Office and Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

M +61 0401 120 370 e [email protected] | W dpc.sa.gov.au

200 Victoria Square (Tarndanyangga), Adelaide 5000 GPO Box 2343, Adelaide 5001 DX 56201

1 The Department of the Premier and Cabinet acknowledges and respects Aboriginal people as the state’s first people and nations, and recognises Aboriginal people as traditional owners and occupants of South Australian land and waters.

From: InDaily Sent: Wednesday, 3 February 2021 1:11 PM To: Ambler, Ruth (DPC) Subject: Parliament to probe Aboriginal governance | Seven news faces ratings challenge | China tariffs hit wine exports

What we know today, February 3

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NEWS "Game-changer": Marshall urges major

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2 A major overhaul of Aboriginal governance in South Australia is looming with Premier Steven Marshall pushing for a broad-ranging inquiry, prompted by “mounting concerns within the SA Aboriginal community about poor governance and alleged corruption” within community-run organisations.

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Aboriginal Lands Parliamentary Standing Committee

1. The key elements of a comprehensive governance capacity-building framework that will support South Australian Aboriginal organisations and corporations to deliver on Aboriginal community aspirations for self-determination. This may include: a. what policies and processes will best support directors and boards to meet their statutory and financial obligations and oversee the management of their organisations b. governance structures that enable South Australian Aboriginal community controlled organisations and corporations to maximise economic opportunities for the benefit of their communities c. best practice in training and mentor supports appropriate for boards of Aboriginal community controlled organisations and corporations d. examples of good governance in First Nations’ organisations nationally and internationally that have local relevance, including practical examples of how to implement good governance principles such as:  accountability  transparency  integrity (including management of real or perceived conflicts of interest)  cultural authority  efficiency  leadership. 2. Specific pathways to support young Aboriginal people and Aboriginal women to step into leadership roles in their communities.

In undertaking this review, the Committee is encouraged to take a proactive solutions-based approach to support improvements to Aboriginal community governance. In making inquiries, the Committee will ensure Aboriginal people can speak without fear of reprisals or repercussions. - This is a review of Governance standards generally, not a review or inquiry into any one particular organisation. - No individual person or organisation should be identified without their permission in any public hearings, interim or final reports of the Committee. - Where the Committee finds evidence of or allegations of corrupt or otherwise criminal activity, they will refer the matter to the South Australian Police.

Timeframe A final report will be expected by 30 June 2021, to align with the implementation approach for the Closing the Gap National Agreement.

Cranwell, Denise (DPC)

From: Ballintyne, Karen (DPC) Sent: Thursday, 4 February 2021 11:40 AM To: Saunders, Nerida (DPC-AAR); Ambler, Ruth (DPC); Parker, Kirstie (DPC-AAR) Cc: Alpers, Sarah (DPC-AAR) Subject: RE: Parliament to probe Aboriginal governance | Seven news faces ratings challenge | China tariffs hit wine exports

OFFICIAL

Correct, The letter to the Chair – which was provided to the media stated …draft TORs will be provided. So that’s what has been quoted in the media article

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 4 February 2021 11:18 AM To: Ambler, Ruth (DPC) ; Ballintyne, Karen (DPC) ; Parker, Kirstie (DPC‐AAR) Cc: Alpers, Sarah (DPC‐AAR) Subject: RE: Parliament to probe Aboriginal governance | Seven news faces ratings challenge | China tariffs hit wine exports

OFFICIAL

Hi Ruth,

I spoke with Richard Yeeles and he has confirmed ToR were provided to the Committee in correspondence from Premier. So one explanation could be that some members have not received Committee papers, some have had direct discussions with Premier etc and some have not.

FYI on talk back radio this morning Tammy Franks was able to provide David Bevan with ToR, Kyam Maher continues to state he doesn’t have them. This is a matter for the Chair of the Committee.

Thanks

Nerida Saunders Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

T +61 (8) 83030749 | M: +61 438848932 E – [email protected]

Level 16, Wakefield House, 30 Wakefield St, Adelaide, 5000 GPO Box 320, Adelaide, South Australia 5001

1 Information contained in this e-mail message may be confidential and may also be the subject of legal professional privilege or public interest immunity. If you are not the intended recipient, any use, disclosure or copying of this document is unauthorised.

From: Ambler, Ruth (DPC) Sent: Thursday, 4 February 2021 10:53 AM To: Ballintyne, Karen (DPC) ; Saunders, Nerida (DPC‐AAR) ; Parker, Kirstie (DPC‐AAR) Cc: Alpers, Sarah (DPC‐AAR) Subject: RE: Parliament to probe Aboriginal governance | Seven news faces ratings challenge | China tariffs hit wine exports

OFFICIAL

The article indicates that they are awaiting the TOR – could someone check?

Thanks

Ruth Ambler Executive Director Cabinet Office and Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

M +61 0401 120 370 e [email protected] | W dpc.sa.gov.au

200 Victoria Square (Tarndanyangga), Adelaide 5000 GPO Box 2343, Adelaide 5001 DX 56201

From: Ballintyne, Karen (DPC) Sent: Thursday, 4 February 2021 9:51 AM To: Ambler, Ruth (DPC) ; Saunders, Nerida (DPC‐AAR) ; Parker, 2 Kirstie (DPC‐AAR) Cc: Alpers, Sarah (DPC‐AAR) Subject: RE: Parliament to probe Aboriginal governance | Seven news faces ratings challenge | China tariffs hit wine exports

OFFICIAL

Karen

OFFICIAL

Note the inquiry article.

Do we need to do anything further re the TOR?

Ruth Ambler Executive Director Cabinet Office and Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

M +61 0401 120 370 e [email protected] | W dpc.sa.gov.au

200 Victoria Square (Tarndanyangga), Adelaide 5000 GPO Box 2343, Adelaide 5001 DX 56201

3 From: InDaily Sent: Wednesday, 3 February 2021 1:11 PM To: Ambler, Ruth (DPC) Subject: Parliament to probe Aboriginal governance | Seven news faces ratings challenge | China tariffs hit wine exports

What we know today, February 3

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Cranwell, Denise (DPC)

From: Della-Verde, Hellen (DPC-AAR) Sent: Thursday, 29 April 2021 4:25 PM To: Truong-Tran, Kim (DPC) Subject: FW: Governance Review TOR

OFFICIAL

Hellen Della-Verde Senior Business Support Officer/EA to Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

Ph: +61 (8) 830 30726 | Fax: +61 (8) 8226 8999 hellen.della‐[email protected]

Level 16 Wakefield House, 30 Wakefield Street, ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001 DX 56201

From: Saunders, Nerida (DPC‐AAR) Sent: Thursday, 29 April 2021 4:11 PM To: Della‐Verde, Hellen (DPC‐AAR) Subject: FW: Governance Review TOR

OFFICIAL

From: Ambler, Ruth (DPC) Sent: Wednesday, 10 February 2021 1:04 PM To: Yeeles, Richard (DPC) Cc: Saunders, Nerida (DPC‐AAR) Subject: Governance Review TOR

OFFICIAL

Richard,

1 The Governance Review which has been referred to the Parliamentary Lands Standing Committee was raised with Nerida and I at SMC on Monday.

We were asked to provide the TOR, which I note are not on the Committee website (although the Premier’s letter is). Do you know the status of these and whether it’s appropriate to share them at present?

Cheers,

Ruth

Ruth Ambler Executive Director Cabinet Office and Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

M +61 0401 120 370 e [email protected] | W dpc.sa.gov.au

200 Victoria Square (Tarndanyangga), Adelaide 5000 GPO Box 2343, Adelaide 5001 DX 56201

2 60

Gilbert, Damian (DPC)

From: Ballintyne, Karen (DPC) Sent: Thursday, 11 February 2021 5:38 PM To: Ambler, Ruth (DPC) Subject: FW: Davenport Governance Attachments: Attachment 1 ALPSC ToR.pdf

Follow Up Flag: Follow up Flag Status: Completed

OFFICIAL: Sensitive

Sorry , just saw Sue’s email so have attached ToRs now. From: Ballintyne, Karen (DPC) Sent: Thursday, 11 February 2021 5:16 PM To: Ambler, Ruth (DPC) Subject: Davenport Governance

OFFICIAL: Sensitive

Jodeen

Please find a brief overview of what discussions have happened regarding Out of scope and Governance issues more broadly: Out of scope

1 Out of scope

Also in Mid October 2020 the Premier met with a small group of Aboriginal people led by Mr Mark Koolmatrie calling ( publicly ) for a judicial inquiry into alleged corruption and lack of governance within Aboriginal organisations in South Australia.

In seeking to advise the Premier on the best course of action, AAR staff and I met with CSO (Lucinda Byers) on 10 December. We discussed the Premier’s responsibilities under the ALT Act to appoint a conciliator should it be required for Davenport. We also discussed the call for proposal a judicial inquiry or Royal Commission put to the Premier to help resolve alleged corruption and maladministration in a range of South Australian based Native Title bodies (who are registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwth)). Our agreed position was that a policy approach was likely to resolve issues more than a legal inquiry approach and that further research was needed to see what training/ support was available to organisations incorporated under both Cwth and sate legislations. Before this work could be progressed, the Premier resolved to write to the Chair of the ALPSC requesting they inquire into Governance of Aboriginal organisations by and for Aboriginal people. The Premier enclosed draft Terms of Reference, which are attached for your information. I ask that you do not distribute as these are currently under consideration by the ALPSC.

2 61

Aboriginal Lands Parliamentary Standing Committee

1. The key elements of a comprehensive governance capacity-building framework that will support South Australian Aboriginal organisations and corporations to deliver on Aboriginal community aspirations for self-determination. This may include: a. what policies and processes will best support directors and boards to meet their statutory and financial obligations and oversee the management of their organisations b. governance structures that enable South Australian Aboriginal community controlled organisations and corporations to maximise economic opportunities for the benefit of their communities c. best practice in training and mentor supports appropriate for boards of Aboriginal community controlled organisations and corporations d. examples of good governance in First Nations’ organisations nationally and internationally that have local relevance, including practical examples of how to implement good governance principles such as: • accountability • transparency • integrity (including management of real or perceived conflicts of interest) • cultural authority • efficiency • leadership. 2. Specific pathways to support young Aboriginal people and Aboriginal women to step into leadership roles in their communities.

In undertaking this review, the Committee is encouraged to take a proactive solutions-based approach to support improvements to Aboriginal community governance.

Timeframe A final report will be expected by 30 June 2021, to align with the implementation approach for the Closing the Gap National Agreement.

Cranwell, Denise (DPC)

From: Ballintyne, Karen (DPC) Sent: Thursday, 11 February 2021 5:40 PM To: Gurney, Kate (DPC-AAR) Cc: Saunders, Nerida (DPC-AAR); Parker, Kirstie (DPC-AAR) Subject: FW: Letter from the Premier of South Australia re: Governance within Aboriginal Communities Attachments: PREM - B903857 - Governance within Aboriginal Communities - Letter to Hon Terry Stephens MP.pdf; Attachment 1 ALPSC ToR.pdf

OFFICIAL

Kate can you please file these somewhere very handy – I feel we will need them again !

Thanks kb From: McAlister, Sue (DPC) Sent: Thursday, 11 February 2021 3:40 PM To: Ballintyne, Karen (DPC) Cc: Gurney, Kate (DPC‐AAR) Subject: FW: Letter from the Premier of South Australia re: Governance within Aboriginal Communities

OFFICIAL

Hi Karen

Final version for the objective file 😊

Thanks – Sue

From: Smart, Rebecca (DPC) Sent: Thursday, 11 February 2021 3:34 PM To: McAlister, Sue (DPC) Subject: FW: Letter from the Premier of South Australia re: Governance within Aboriginal Communities

OFFICIAL

This is what we sent them – no he isn’t here.

From: Smart, Rebecca (DPC) Sent: Monday, 8 February 2021 2:12 PM To: Yeeles, Richard (DPC) Subject: FW: Letter from the Premier of South Australia re: Governance within Aboriginal Communities

OFFICIAL

Copy for your information

1 63

Aboriginal Lands Parliamentary Standing Committee

1. The key elements of a comprehensive governance capacity-building framework that will support South Australian Aboriginal organisations and corporations to deliver on Aboriginal community aspirations for self-determination. This may include: a. what policies and processes will best support directors and boards to meet their statutory and financial obligations and oversee the management of their organisations b. governance structures that enable South Australian Aboriginal community controlled organisations and corporations to maximise economic opportunities for the benefit of their communities c. best practice in training and mentor supports appropriate for boards of Aboriginal community controlled organisations and corporations d. examples of good governance in First Nations’ organisations nationally and internationally that have local relevance, including practical examples of how to implement good governance principles such as: • accountability • transparency • integrity (including management of real or perceived conflicts of interest) • cultural authority • efficiency • leadership. 2. Specific pathways to support young Aboriginal people and Aboriginal women to step into leadership roles in their communities.

In undertaking this review, the Committee is encouraged to take a proactive solutions-based approach to support improvements to Aboriginal community governance.

Timeframe A final report will be expected by 30 June 2021, to align with the implementation approach for the Closing the Gap National Agreement.

Cranwell, Denise (DPC)

From: Saunders, Nerida (DPC-AAR) Sent: Friday, 12 February 2021 5:07 PM To: Ballintyne, Karen (DPC); McAlister, Sue (DPC) Cc: Parker, Kirstie (DPC-AAR) Subject: RE: URGENT PLEASE: ELT Hot Issues

OFFICIAL

Thanks Karen.

Nerida Saunders Executive Director Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

T +61 (8) 83030749 | M: +61 438848932 E – [email protected]

Level 16, Wakefield House, 30 Wakefield St, Adelaide, 5000 GPO Box 320, Adelaide, South Australia 5001

From: Ballintyne, Karen (DPC) Sent: Friday, 12 February 2021 3:53 PM To: McAlister, Sue (DPC) Cc: Saunders, Nerida (DPC‐AAR) ; Parker, Kirstie (DPC‐AAR) Subject: RE: URGENT PLEASE: ELT Hot Issues

OFFICIAL

Sue Sending to Nerida for review at the same time given tight timeframe …

Governance in Aboriginal Communities The Premier’s decision to refer Governance issues in Aboriginal Communities to the Aboriginal Lands Parliamentary Standing Committee (ALPSC) continues to attract diverse commentary from Aboriginal leaders, and media interest. It is also being raised with AAR through various meetings and engagements with Community groups. The Premier is still awaiting a response from the ALPSC chair and feedback on the draft Terms of reference.

Reconciliation SA: Apology Breakfast DPC staff joined 1300 guests at the Reconcilation SA Apology Breakfast on Friday morning. Reconcliation SA launched a documentary made to commemorate the occasion called Unbreakable – a series of interviews with five members of the stolen generations, who share their personal stories of resilience. When the full documentary is available AAR will ensure a link is sent to all DPC divisions. kb From: McAlister, Sue (DPC) Sent: Friday, 12 February 2021 12:52 PM To: DL:DPC Cabinet Office and Aboriginal Affairs and Reconciliation Leadership (COAARL) Subject: URGENT PLEASE: ELT Hot Issues Importance: High

OFFICIAL

Good afternoon COAARL

Can you please advise of any Hot Issues for ELT by 4.00 pm today. Apologies for the short notice.

Thanks – Sue

Sue McAlister Executive and Project Support Cabinet Office Department of the Premier and Cabinet

Chat with me on Microsoft Teams

T +61 (8) 842 97334 | M +61 0435 331 382 | E [email protected] | W dpc.sa.gov.au

2 66

Cranwell, Denise (DPC)

From: Wanganeen, Tahlia (DPC-AAR) Sent: Monday, 15 February 2021 9:17 AM Subject: InDaily - Aboriginal governance inquiry set to proceed despite warning of "great harm" - InDaily

OFFICIAL

Hi All,

Following on from the last InDaily update please see this article for further information ‐ https://indaily.com.au/news/2021/02/12/aboriginal‐governance‐inquiry‐set‐to‐proceed‐despite‐warning‐of‐ great‐harm/

Thanks. Tahlia.

Kind regards,

Tahlia Wanganeen Senior Project Officer Policy and Statewide SAAAC Executive Officer Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

P: +61 (8) 8303 0735 (Mon ‐ Thurs ONLY) E: [email protected] | W: www.dpc.sa.gov.au A: Level 16, Wakefield House, 30 Wakefield Street ADELAIDE SA 5000 GPO Box 2343, ADELAIDE SA 5001

We acknowledge and respect the traditional custodians of these ancestral lands. We acknowledge the deep feelings of attachment and relationship of Aboriginal people to Country.

1 67 68

Gilbert, Damian (DPC)

From: Mailler, Melissa (DPC) Sent: Monday, 22 February 2021 4:28 PM To: Rossiter, Jeanie (DPC) Subject: FW: 2021 02 24 - CE Meeting Agenda (B918627) Attachments: 2021 02 24 - CE Meeting Agenda.docx

OFFICIAL: Sensitive

Agenda in Nick’s one note and attached for your input please.

From: McAlister, Sue (DPC) Sent: Monday, 22 February 2021 4:20 PM To: Mailler, Melissa (DPC) Subject: 2021 02 24 ‐ CE Meeting Agenda (B918627)

OFFICIAL: Sensitive

Hi Mel

Agenda attached for the meeting to be held on Wednesday, 24 February with Nick and Ruth.

Thanks – Sue

Sue McAlister Executive and Project Support Cabinet Office Department of the Premier and Cabinet

Chat with me on Microsoft Teams

T +61 (8) 842 97334 | M +61 0435 331 382 | E [email protected] | W dpc.sa.gov.au

1 OFFICIAL: Sensitive 69

24 February 2021 Chief Executive / Executive Director Fortnightly Meeting

Cabinet Office and Aboriginal Affairs and Reconciliation Ruth Ambler

Significant issue Support, advice or action sought from CE Out of scope

6 Aboriginal Governance – referral to For information – reaction of Aboriginal Aboriginal Lands Parliamentary community Standing Committee Out of scope

Page 1 of 1 OFFICIAL: Sensitive 70

Cranwell, Denise (DPC)

From: Moran, Brendan (DPC-AAR) Sent: Monday, 22 February 2021 1:46 PM To: DL:DPC AAR All Staff Subject: FW: Aboriginal Lands Parliamentary Standing Committee - Aboriginal Governance Inquiry - terms of reference can be found in the link below - thanks, Brendan Attachments: Aboriginal Governance Inquiry Advert.pdf

OFFICIAL

PDF attached.

From: Moran, Brendan (DPC‐AAR) Sent: Monday, 22 February 2021 12:58 PM To: DL:DPC AAR All Staff Subject: Aboriginal Lands Parliamentary Standing Committee ‐ Aboriginal Governance Inquiry ‐ terms of reference can be found in the link below ‐ thanks, Brendan

OFFICIAL

file:///C:/Users/moranb01/Downloads/Aboriginal%20Governance%20Inquiry%20Advert.pdf

Brendan Moran Manager Projects Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet

T +61 (8) 830 30731 | M +61 0466 501 132 | F +61 (8) 8226 8999 e [email protected] | W dpc.sa.gov.au

Street Address Level 16, 30 Wakefield Street, ADELAIDE SA Postal Address, GPO Box 320, ADELAIDE SA 5001

1 71

Parliament of South Australia

Aboriginal Lands Parliamentary Standing Committee Aboriginal Governance Inquiry

The Aboriginal Lands Parliamentary Standing Committee has opened an inquiry into governance standards in South Australian Aboriginal community-controlled organisations.

In particular the committee will consider:

This may include: a. what policies and processes will best support directors and boards to meet their statutory and financial obligations and oversee the management of their organisations b. what policies and processes will best support directors and boards to ensure culturally safe processes c. governance structures that enable South Australian Aboriginal community-controlled organisations and corporations to maximise economic opportunities for the benefit of their communities d. governance structures that enable South Australian Aboriginal community-controlled organisations and corporations to maximise cultural opportunities for the benefit of their communities e. best practice in training and mentor supports appropriate for boards of Aboriginal community controlled organisations and corporations f. examples of good governance in First Nations’ organisations nationally and internationally that have local relevance, including practical examples of how to implement good governance principles such as: • accountability • transparency • integrity (including management of real or perceived conflicts of interest) • cultural authority • efficiency • leadership • culturally safe processes • incorporating Aboriginal decision-making principles

2. Specific pathways to support young Aboriginal people and Aboriginal women to step into leadership roles in their communities..

Aboriginal Lands Parliamentary Standing Committee | Advert| Languages and Development Inquiry

Parliament of South Australia

The Committee would like to advise that any person or organisation wishing to make a written submission to the Committee; or register an interest in presenting oral evidence to the Committee, is invited to do so by 31 March 2021. Written submissions and expressions of interest should be addressed to the Executive Research Officer of the committee c/o Parliament House, GPO Box 572, Adelaide 5001; by telephone on (08) 8237 9568; or via email at [email protected].

Aboriginal Lands Parliamentary Standing Committee | Advert| Languages and Development Inquiry