OUR VISION

TO DELIVER HIGH QUALITY NATIVE TITLE SERVICES TO INDIGENOUS PEOPLE IN THE REGION THROUGH PROFESSIONAL AND TRANSPARENT PROCESSES. ANNUAL REPORT 2006-2007 ANNUAL REPORT 2007-2008 South Level 3 PO Box 10832 P 07 . 3221 5500 QUEENSLAND SOUTH NATIVE TITLE SERVICES Native Title Services 20 Wharf Street Adelaide Street F 07 . 3221 5522 Brisbane Q 4000 Brisbane Q 4000 W www.qsnts.com.au LETTER OF TRANSMITTAL

The Honourable Jenny Macklin MP

Minister for Families and Community Services and Indigenous Affairs Parliament House CANBERRA ACT 2600

October 15 2008

Dear Minister

In accordance with the Australian Government’s Families, Housing, Community Services and Indigenous Affairs 2007-2008 General Terms and Conditions Relating to Native Title Program Funding Agreements under the Native Title Act (Cth) 1993, Section 203FE, I have pleasure in presenting the Annual Report for Queensland South Native Title Services Limited, together with the audited fi nancial statements, for the year ending 30 June 2008.

Yours faithfully

E Senatore Director Queensland South Native Title Services Limited TABLE OF CONTENTS

GLOSSARY 1 CONTACT DETAILS 1 REPORTS 2 REPORT BY DIRECTOR 3 REPORT BY CHIEF EXECUTIVE OFFICER – 2007-08 4 NATIVE TITLE REPRESENTATIVEBODY OVERVIEW 5 OVERVIEW DESCRIPTION OF NTRB 6 QUEENSLAND SOUTH REGION 7 Legislation 8 Legislative Functions 8 ORGANISATIONAL STRUCTURE 8 OUTCOME AND OUTPUT STRUCTURE 8 KEY STRATEGIC AND OPERATIONAL FEATURES. 8 Legal and Political Dimension 8 Non-Native Title Determination Outcomes 10 NTDA Case Management Program 10 Future Acts Program 13 Indigenous Land Use Agreement 13 Contractual Obligation 13 Schedule of Services 13 Prioritisation Process 13 Review of LSSP 15 Variation 15 Operational Effect 15 Interpretation 16 REPORT ON PERFORMANCE 17 REVIEW ON PERFORMANCE 18 NTDA Case Management Program 18 Future Acts Program 22 ILUA Program 23 Summary of Activity Results 24 ANALYSIS OF ACTIVITY PERFORMANCE 30 Research – Land Interest Reference Collection 30 NTDA Case Management Program 31 Future Acts Program 47 ILUA Program 48 Model ILUAs 48 Complaints 48 TABLE OF CONTENTS (continued)

ANALYSIS OF FINANCIAL PERFORMANCE 49 NTDA Case Management Program 49 Future Acts Program 54 ILUA Program 54 Corporate Services 54 CORPORATE GOVERNANCE 55 ORGANISATION GOVERNANCE 56 ORGANISATION MANAGEMENT 56 PLANNING AND REPORTING 56 RISK MANAGEMENT 56 REMUNERATION OF SENIOR STAFF 56 EXTERNAL SCRUTINY 57 JUDICIAL DECISIONS AND DECISIONS OF ADMINISTRATIVE TRIBUNALS 57 EVALUATION AND/OR AUDIT REPORTS 57 OTHER EXTERNAL REVIEW 57 MANAGEMENT OF HUMAN RESOURCES 58 WORKFORCE PLANNING, STAFF TURNOVER AND RETENTION 59 TRAINING AND DEVELOPMENT 59 OCCUPATIONAL HEALTH AND SAFETY PERFORMANCE 60 STATISTICS ON STAFFING 60 INDEMNITIES AND INSURANCE 60 CONSULTANTS AND COMPETITIVE TENDERING AND CONTRACTING 61 COMPETITIVE TENDERING AND CONTRACTING PRACTICES 62 CONSULTANCY SERVICES 62 FINANCIAL STATEMENTS 63 DIRECTORS’ REPORT 64 AUDITOR’S INDEPENDENCE DECLARATION 65 AUDITOR’S INDEPENDENCE DECLARATION 66 FINANCIAL STATEMENTS 67 NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2007 71 ADDITIONAL INFORMATION 83 INDEX 86 GLOSSARY

ALA Aboriginal Land Act 1991 PLO Principal Legal Offi cer ALRM Aboriginal Land Rights Movement QSRBAC Queensland South Representative CAC Act Commonwealth Authorities and Body Aboriginal Corporation Companies Act 1997 QSNTS Queensland South Native Title CEO Chief Executive Offi cer Services Limited DOGIT Deed of Grant in Trust EPC Exploration Permit for Coal FaCSIA Commonwealth Department of Families, Community Services and CONTACT DETAILS Indigenous Affairs FAIRA Foundation for Aboriginal and Internet Home Page www.qsnts.com.au Islander Research Action Address FMO Finance Minister’s Orders Internet Address Level 3/20 Wharf Street, GALC Goolburri Aboriginal Land Council for Report Brisbane Qld 4000 GLC Gurang Land Council Aboriginal Corporation ILUA Indigenous Land Use Agreement LIR Land Interest Reference LGAQ Local Government Association of Queensland LRT Land and Resources Tribunal LSSP Legal Services Strategic Plan MOU Memorandum of Understanding NNTT National Native Title Tribunal NSWNTS New South Wales Native Title Services Limited NTA Native Title Act 1993 (Cwth) NTDA Native Title Determination Application NTRB Native Title Representative Body OH&S Occupational Health and Safety OIPC Offi ce of Indigenous Policy Coordination PBC Prescribed Body Corporate

1 REPORTS services and associated staff formerly attached REPORT BY DIRECTOR to Gurang Gurang Aboriginal Land Council and the Greater Mount Isa region of Carpentaria Land This past year has been a period of achievement Council will be transferred to QSNTS. This will and challenge for QSNTS. This year, twenty-three signifi cantly increase the number of Native Title active Native Title Determination applications have claims being handled by QSNTS and presented been advanced. administration challenges which Kevin Smith and staff are addressing. Valerie Cooms, the founding QSNTS Chief Executive Offi cer, departed in May 2008. Valerie was able to QSNTS has introduced two major innovations initiate and implement a Legal Strategic Services to enhance our service delivery. Firstly, a unifi ed Plan (LSSP) for QSNTS. Through Valerie’s services package based on a suite of fee for service collaboration with clients and staff she was able to for undertaking future act services on behalf of deliver a viable model of Native Title service delivery Native Title claimants. This service stream will and in so doing provided an exemplar for other provide a supplementary income allowing us to providers in Queensland. provide a service to clients for which we are not currently funded by the Commonwealth. Fundamental to the success of the LSSP was the use of Native Title Land Summits as a means for The second major innovation is a new team-based informing and developing claimant groups. During case management approach to handling Native Title the reporting period, QSNTS completed a series claims. Nominated primary and secondary teams of Land Summits with Native Title Claimants and comprising a solicitor, researcher and community Traditional Owners across all its sub-regions. With relations staff have been allocated and advised to this series concluded, all claimants and Traditional claimants. Claimants welcome this approach as it Owners are now prepared for the progression of provides clear lines of communication for them. their claims. I would like to thank Valerie for her commitment and personal determination in this work. The process of reviewing QSNTS’ LSSP, outlined in last year’s report, has been enhanced to take into Also in May 2008, I had the pleasure to welcome consideration administrative developments that arose Kevin Smith into the position of Chief Executive during 2008. The review is progressing with an Offi cer. Kevin brings with him a wealth of experience expected outcome in December 2008. in Native Title particularly given his position as the former Queensland State Manager of the National Again, I look forward to continuing to work Native Title Tribunal. with QSNTS.

The Native Title streamlining program outlined nationally in 2007 had major ramifi cations this year for QSNTS and other Native Title service providers Ezio Senatore in Queensland. As of 1 July 2008 the Native Title Director

3 claimant groups. This multi-disciplinary approach REPORT BY CHIEF EXECUTIVE is a strategic response to the inherent and unique complexity of Native Title work and I am confi dent OFFICER – 2007-08 that service delivery will be enhanced by harnessing the expertise of the claim team. The 2008 fi nancial year proved to be an interesting, challenging but rewarding year for QSNTS. The year The new QSNTS will increase the range of commenced with the implementation of the changes services to clients that will not only include associated with the Native Title Amendment Act legal representation, assistance and advice on (2007) and Native Title (Technical Amendment) Act claim work and the negotiation of Indigenous (2007) and concluded with QSNTS preparing for Land Use Agreements (ILUAs) but also future the pending expansion of its operational boundaries act representation and assistance. As this latter that covers half the state of Queensland that became work is not funded by commonwealth grants it effective as at 1 July 2008. With these signifi cant will be necessary to implement a fee for service events acting as bookends to the year, change was a arrangements which will be self-funded. The constant variable. organisational priority will continue to be the claim- related work but the expansion of services refl ects During the fi nancial year, QSNTS also changed a commitment by QSNTS to provide the full suite Chief Executive Offi cers, with Val Cooms, leaving the of services consistent with the statutory functions organisation to fi nish her doctorate degree. Val left bestowed upon Native Title representative bodies a fi ne legacy for QSNTS; she established a healthy and Native Title service providers under the Native organisation with robust community links. The Title Act. organisational model she implemented has provided a very sound framework which will allow me to take QSNTS is committed to providing these expanded QSNTS into the future. I would like to acknowledge services in a manner that is her work in this position and wish Val well with her studies. • Transparent; • Equitable; I assumed the position of Chief Executive Offi cer • Outcome focussed; and on 1 May 2008 for a twelve month period. Upon • Consistent with the broader aspirations of the commencement, the immediate and considerable relevant traditional owners. challenges were to build the organisation’s internal capability to provide services to the expanded I look forward to working with staff, clients and client-base as well as maintaining momentum on the broader stakeholders over the next fi nancial year. committed work programme for existing clients. I am pleased to report that both challenges were met; in Kevine Smith large part due to very professional and dedicated Chief Executive Offi cer employees and understanding and cooperative clients. There have been some disruptions but by and large the signifi cant changes have been successfully implemented. I would like to thank clients, staff, the board and broader stakeholders for their support, understanding and patience during this period.

During the year, QSNTS enhanced its internal capability by recruiting a number of experienced Native Title legal practitioners. It has also adopted a new multi-disciplinary team approach to service delivery. All claims now will have a team comprising a lawyer who will have overarching responsibility for carriage of the legal fi le, a researcher to assist in evidence preparation and coordination and a community relations offi cer who will provide critically important liaison with applicants and the broader 4 NATIVE TITLE REPRESENTATIVE BODY OVERVIEW northern border extends from north of Gympie in an OVERVIEW DESCRIPTION oscillating line to just above Haddon’s Corner.

OF NTRB As of 1 July 2008, the native title functions handled by Gurang Land Council (Bundaberg) and Following the enactment of the NTA the area now Carpentaria Land Council Greater Mt Isa region known as the Queensland South Native Title region (Mt Isa) will be transferred to Queensland South was serviced by two NTRBs, namely, the Foundation Native Title Services, based in Brisbane. This has for Aboriginal and Islander Research Action (FAIRA) created the largest single Native Title organisation in respect of the eastern portion and Goolburri in Queensland. There is no indication of a change Aboriginal Land Council (GALC) in respect of the in policy regarding amalgamation from the new western portion. Government. It will be “business as usual” for all our staff in providing service to our clients. In 1998, the NTA was amended in a number of ways including requiring NTRBs to undergo a re- recognition process. In 2001, the Commonwealth Government ultimately recognised QSRBAC as the FUNDING NTRB for the whole of the Queensland South region. QSNTS is funded under Section 203FE of the NTA. In December 2003, a series of reviews of This states that if there is no representative body: QSRBAC’s operations commenced and in February 2004, the Commonwealth Government appointed a The Secretary of the Department may make fi nancial controller. funding available to a person or body, by way of a grant or in any other way the Secretary In October 2004, QSRBAC attended a regional considers appropriate, for the purpose of case conference with the Federal Court at which enabling the person or body to perform, in all of the current NTDAs in the Queensland respect of a specifi ed area for which there is South region were presented to the Court. At this no representative body: conference, QSRBAC presented a draft LSSP that called for all matters to be placed in abeyance (a) All the functions of a representative body; or pending the completion of baseline anthropological (b) Specifi ed functions of a representative body; studies and resolution of disputes regarding overlapping claims. Either generally or in relation to one or more specifi ed matters. On 18 November 2004, the Minister for Immigration, Multicultural and Indigenous Affairs issued a notice giving QSRBAC ninety days to show cause as to why it should not have its recognition as a NTRB withdrawn. On 24 February 2005, QSRBAC delivered a submission to the Minister in response to the show cause notice. On 22 June 2005, the Minister withdrew recognition of the QSRBAC as the NTRB for the Queensland South region. Funding of the organisation immediately ceased. On 28 June 2005, the Minister granted funding to QSNTS to carry out the functions of a NTRB for the Queensland South region.

The recognised QSNTS area for the entire Queensland South region covers approximately 515,000 square kilometres. The region extends from the Pacifi c Ocean in the east to the South Australian border in the west. The southern border follows the NSW/Qld border to Cameron’s Corner and the 6 QUEENSLAND SOUTH REGION +%9 1UEENSLAND3OUTH2EGION 4OWN#ITY .ORTH

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7 ROLE AND OUTCOME AND OUTPUT FUNCTIONS STRUCTURE QSNTS has an output and outcome reporting structure based on key performance indicators that LEGISLATION measure outcome targets set out in the LSSP. QSNTS has maintained appropriate internal systems QSNTS is a company limited by guarantee. It has to record achievements against our output group received a grant of money in accordance with structure allowing it to achieve and deliver a high 203FE (1) of the NTA to carry out the functions of a standard of service to Native Title Applicants. representative body and its fi nancial reporting must QSNTS ensures all Native Title Applicants are comply with the Commonwealth Authorities and informed about the progress and development of Companies Act 1997 (CAC Act) and the Finance their claims and that all Traditional Owners have Minister’s Orders (FMOs). maximum opportunity to make a direct contribution towards the conduct of their claim. LEGISLATIVE FUNCTIONS KEY STRATEGIC AND The legislative functions undertaken by QSNTS are prescribed in the following sections of the NTA: OPERATIONAL FEATURES.

• S203BB Facilitation and Assistance Function; QSNTS operates within a complex network of • S203BE Certifi cation functions; strategic and operational issues across a number of • S203BF Dispute Resolution function; dimensions. These are detailed below. • S203BG Notifi cation function; • S203BH Agreement Making function; LEGAL AND POLITICAL DIMENSION • S203GI Internal Review function; and Connection • S203BJ Other Functions. In 2002, the High Court of Australia handed down decisions on the Yorta Yorta and Ward cases. The As QSNTS Limited is a company limited by effect of these decisions was to settle the law guarantee, Mr Ezio Senatore is the sole Director as to what Applicants are required to prove to and only member of the company. Mr Senatore demonstrate the necessary connection to establish was appointed by the Offi ce of Indigenous their Native Title rights and interests. As of October Policy Coordination (OIPC) to assist QSNTS 2005, the Commonwealth Government announced in establishing its operations. QSNTS had been a proposal for amendment of the NTA in 2006, working on establishing its governance structures however, the announcement indicated that the law and has devised a constitution, held discussions relating to the defi nition of Native Title rights and with the new funding body, the Department of Family interests will not be amended. and Community Services and Indigenous Affairs (FACSIA), and made subsequent amendments. The Extinguishment implementation of QSNTS’ formal governance Native Title has been extinguished in the vast majority structures will be implemented in the near future. of the lands and waters (particularly in the southeast and central southern Queensland) by reason of the Queensland Government granting Freehold Estates ORGANISATIONAL STRUCTURE and schedule interests. Further extinguishment on state title has occurred because of the massive The QSNTS organisation chart effective as of 30 development of public infrastructure in the region. June 2008 is outlined on the next page. Queensland Government Position The Queensland Government has stated as public policy that it prefers mediated outcomes to litigation. 8 QSNTS ORGANISATIONAL CHART

CHIEF EXECUTIVE OFFICER KEVIN SMITH

EXECUTIVE ASSISTANT

COORDINATOR

COMMUNITY CORPORATE TEAM RESEARCH TEAM NATIVE TITLE PRINCIPAL LEGAL & FUTURE ACTS MANAGER MANAGER MANAGER OFFICER TEAM MANAGER

• Senior • Senior Project • Senior • Senior Legal Finance Offi cer Research Offi cer Offi cer • 2x Project Offi cer • Legal Offi cer • Senior Admin Offi cers • Research • Legal Cadets Offi cer • Project Offi cer • 2x Indigenous Assistant Cadets • Receptionist

9 In October 2003, the Queensland Government fl owing from the Native Title process is published the Guide to Compiling a Connection complementary to the Traditional Owners’ Report for Native Title Claims in Queensland. This broader aspirations. document sets out the material to be included in a Connection Report where the Native Title Claimants Underlying Principles wish the government to consider resolution of claim The underlying principles informing the preparation by mediated or negotiated consent determination of and adoption of this policy are that; Native Title. In February 2008, the State government held a connection forum to discuss the elements that i. Litigation is the option of last choice; need to be proved in relation to Native Title. ii. The law is now settled and failing amendment to the NTA will not change greatly regarding Non-Native Title Determination Outcomes connection; The Queensland Government has also indicated iii. The Native Title process is unlikely to deliver to parties involved in Native Title litigation in substantial areas of land or water to the Queensland, that while it does not have a policy on Traditional Owners of southern Queensland; non-native title outcomes, it will consider on a case iv. The Native Title process may deliver mechanisms by case basis outcomes such as grants of freehold through which recognition and substantial title and ALA grants where there is adequate claim empowerment can be achieved; and group identifi cation and no overlaps. v. QSNTS is a service provider and not a funding provider. NON-NATIVE TITLE DETERMINATION OUTCOMES The Queensland Government has also indicated Policy Framework to parties involved in Native Title litigation in The QSNTS Legal Services Strategic Policy is Queensland, that while it does not have a policy on comprised of the LSSP document, which provides non-native title outcomes, it will consider on a case the Strategic Overview, and three program specifi c by case basis outcomes such as grants of freehold documents which set out in detail the way in which title and ALA grants where there is adequate claim QSNTS will perform and deliver its services. The group identifi cation and no overlaps. three program specifi c documents are the:

Objectives i. NTDA Case Management Program; The primary objectives of QSNTS in adopting the ii. Future Acts Program; and LSSP are to: iii. Indigenous Land Use Agreement (ILUA) Program.

i. Work with the Traditional Owners of southern Details are provided below on these three programs. Queensland to achieve the best results possible within the existing legislative framework and the NTDA CASE MANAGEMENT PROGRAM available resources; This program provides a process for assessing and ii. Ensure that the available resources are allocated rationalising NTDA’s, followed by progressive and between claim groups in a fair and equitable staged advancement, and based on merit. manner; iii. Ensure that QSNTS service delivery process is Under the program, QSNTS provides services that transparent; will help resolve boundary overlaps for Applicants iv. Ensure that the Traditional Owners of southern where direct mediation by confl icting Applicants Queensland are aware of the policies upon has failed. Services are then offered to those which decisions regarding the management of Applications in which the Applicants have boundaries Native Title will be made by QSNTS; and claim group descriptions which fi t the available v. Ensure that the Traditional Owners of Southern evidence, and where the claim group is represented Queensland have access to information and by an incorporated body that accurately refl ects the understand their obligations and responsibilities claim group and the area under claim. arising from their participation in the Native Title process; and At 30 June 2008, QSNTS had 23 active NTDAs in vi. Work with the Traditional Owners of southern its region, plus one Non Claimant application in the Queensland to ensure any social infrastructure representative area.

10 SUMMARY OF ACTIVE CLAIMANT NTDAs AT 30 JUNE 2007

(SOURCE NNTT CLAIM REGISTER) Date fi led Application Name Application Status State/Territory Tribunal Federal Court Type File No. File No. 02/04/2008 Githabul People #2 Claimant Active Queensland QC08/4 QUD66/08 application 11/03/2008 Wongkumara People Claimant Active New South QC08/3 QUD52/08 application Wales, Queensland 20/02/2007 Budjiti People Claimant Active Queensland QC07/2 QUD53/07 application 17/01/2007 Mardigan People Claimant Active Queensland QC07/1 QUD26/07 application 02/11/2006 Boonthamurra Claimant Active Queensland QC06/15 QUD435/06 People application 05/09/2006 Gold Coast Native Claimant Active Queensland QC06/10 QUD346/06 Title Group application 26/06/2006 Tara Shire Council Non- Active Queensland QN06/1 QUD228/06 claimant application 18/01/2006 Land and Claimant Active Queensland QC06/4 QUD16/06 Sea Claim application 12/11/2003 #2 Claimant Active Queensland QC03/15 QUD6014/03 application 28/11/2002 Mithaka People Claimant Active Queensland QC02/35 QUD6033/02 application 21/03/2002 People #3 Claimant Active Queensland QC02/16 QUD6013/02 application 23/08/2001 #2 Claimant Active Queensland QC01/28 QUD6027/01 application 23/02/2001 People Claimant Active Queensland QC01/6 QUD6005/01 application

11 SUMMARY OF ACTIVE CLAIMANT NTDAS AT 30 JUNE 2007

(SOURCE NNTT CLAIM REGISTER) – continued Date fi led Application Name Application Status State/Territory Tribunal Federal Court Type File No. File No. 10/09/1999 Quandamooka Claimant Active Queensland QC99/25 QUD6024/99 People #2 application 19/03/1999 & Claimant Active Queensland QC99/11 QUD6010/99 People #2 application 29/09/1998 Jinibara People Claimant Active Queensland QC98/45 QUD6128/98 application 13/05/1998 People Claimant Active Queensland QC98/26 QUD6196/98 application 19/12/1997 People #4 Claimant Active Queensland QC97/62 QUD6169/98 application 28/10/1997 Bidjara #3 Claimant Active Queensland QC97/49 QUD6156/98 application 26/06/1996 Glasshouse Mt Claimant Active Queensland QC96/70 QUD6083/98 - Gubbi Gubbi application 04/06/1996 Kooma People Claimant Active Queensland QC96/16 QUD6031/98 application 08/03/1996 Gunggari people Claimant Active Queensland QC96/1 QUD6019/98 application 03/01/1995 Quandamooka Claimant Active Queensland QC95/2 QUD6010/98 application

12 FUTURE ACTS PROGRAM • Future Act Litigation in the Land and Resources This program aims to manage Future Acts cost Tribunal (LRT) or NNTT; and effectively so that Traditional Owners’ interests • Registration Test matters. are protected. • Represent Applicants in negotiations and prepare draft ILUAs on a fee for service basis. QSNTS has developed standard agreements in • Co-ordinate and facilitate either independently or respect of certain S29 activities and has absorbed with the assistance of other agencies: the costs associated with negotiating these standard • Authorisation Meetings agreements for the 07/08 fi nancial year given the • Applicant Meetings; and small number of negotiated agreements. • Mediation or negotiation of claim overlaps. • Engage external legal representation where INDIGENOUS LAND USE AGREEMENT appropriate. The purpose of this program is to ensure that claim groups are given advice and access to information In providing services QSNTS will not: that will allow the development and execution of • Fund Applicants directly to carry out any tasks or ILUAs. At present, the Government and non-Native activities; Title interest groups are driving the ILUA process. • Pay sitting fees; There is capacity for QSNTS to drive innovation • Fund Applicants to meet the costs of private through the use of the ILUA process. In particular, solicitors or barristers; there is room for development of ILUAs that will • Fund private solicitors or barristers directly unless remove the need to fi le a NTDA in response to each they are engaged by QSNTS: Future Act Notice. • Fund or pay for any work performed by an expert (e.g. Genealogist, Anthropologist, Archaeologist, CONTRACTUAL OBLIGATION Historian, Linguist) that QSNTS has not engaged QSNTS agrees to deliver services to Native Title by way of written contract; or Applicants on behalf of their respective Native • Pay travel or accommodation costs for Title Claim Groups in accordance with this policy. authorisation meetings. Applicants will be required to provide instructions promptly, attend meetings upon reasonable request PRIORITISATION PROCESS and act upon written and verbal requests for action. Services will be delivered to Applicants in accordance with the LSSP. All NTDAs will be QSNTS will require the Applicants in each treated equally from the time the Preliminary application to enter into a written deed of agreement Anthropological Assessment commences until the setting out the terms of the service provision Land Summit concludes. by QSNTS to the Applicants and the roles and responsibilities of the Applicants. Prioritisation Threshold At the conclusion of the Post Land Summit in three Stage Two services will not be provided until a duly (3) month negotiation period those NTDAs in which executed deed of agreement has been received the Applicants accept the QSNTS recommendations by QSNTS. will be assisted to hold Claim Group Workshops and Authorisation meetings and amend their NTDA as SCHEDULE OF SERVICES necessary. The LSSP provides that the assessment In providing services QSNTS will: date for prioritisation of NTDAs for receipt of services from QSNTS will be a date six calendar months from • Prepare or engage consultants to provide; the completion of the Land Summit. • Legal advice; • Anthropological reports; To be eligible for the receipt of services from QSNTS • Historical reports; the following matters must have been attended to: • Genealogical reports; • Linguistic reports; and i. NTDA meets the recommendations of the • Such other expert reports as may be QSNTS regarding the claim boundary and claim deemed necessary. group description; and • Prepare and manage; ii. The Native Title Claim Group must be • Native Title litigation in the Federal Court; represented by an incorporated body having 13 a constitution that refl ects the claim boundary, Part B – Connection (Important) claim group description, and the agreed i. Whether the claim group has prima facie decision making processes of the Native Title evidence of continuous connection to the land Claim Group. and waters subject to claim; ii. If so, the strength of the evidence having regard All claims within a QSNTS sub-region satisfying to current practices and activities; the above threshold criteria will be eligible for iii. The extent to which the neighbours acknowledge prioritisation of Stage Two services from QSNTS. and respect the Native Title Claim group and the existence of sites of cultural, spiritual, social or Prioritisation of Stage Two Services historical signifi cance, and the extent to which Each eligible NTDA will be entitled to: those sites are known, maintained and / or visited as may be appropriate. i. Nominate for either or both of the two strands of service offered by QSNTS. The two strands Part C – The Lands (Least Important) of service offered by QSNTS are Native Title i. The extent to which Native Title has been Negotiations and Non-Native Title Negotiations. extinguished by reason of a grant of inconsistent ii. Make written submissions setting out the way tenure; in which the Application or Applicants meet the ii. The extent to which access to lands and waters are requirements of the particular strand. already provided by agreement or otherwise; and iii. The extent to which lands may exist where Native Title Negotiations Native Title has not been extinguished, and The matters to be considered in the prioritisation of whether such land has cultural, spiritual, social Stage Two services in the Native Title Negotiations or historical signifi cance to the Native Title strand will be: Claimants.

Part A – Decision Making Processes (Most Important) Non-Native Title Negotiations i. Whether the claim group have a clearly The matters to be considered in the prioritisation articulated decision making process; of Stage Two services in the Non-Native Title ii. Whether the claim group have a demonstrated Negotiations strand will be: ability to make decisions in accordance with the decision making processes; and Part A – Decision Making Processes (Most Important) iii. Whether the claim group have a demonstrated i. Whether the claim group have clearly articulated ability to act in accordance with decisions decision make processes; made according to the decision making ii. Whether the claim group have demonstrated processes. ability to make decisions in accordance with the decision make processes; and

14 iii. Whether the claim group have demonstrated REVIEW OF LSSP ability to act in accordance with decisions made The review of the LSSP commenced in April 2006 according to the decision making processes. as a result of amendments made to the Native Title Act 1993 however, before the review was concluded Part B – The Lands (Least Important) QSNTS was given notice of an amalgamation of i. The extent to which Native Title has been native title representative bodies in Queensland. The extinguished by reason of a grant of inconsistent review of the LSSP was deferred as a consequence. tenure; ii. The extent to which access to lands and waters VARIATION are already provided by agreement or otherwise; The LSSP will be subject to variation at the fi rst and review and each review thereafter and following any iii. The extent to which lands may exist where amendment to the NTA or other legislation, policies Native Title has not been extinguished, and and programs affecting the delivery of Native Title whether such land has cultural, spiritual, social services by QSNTS. or historical signifi cance to the Native Title Claimants. OPERATIONAL EFFECT This policy has been adopted and approved by the Annual Review of Priorities QSNTS Director. The Director hereby authorises the All claims eligible for Stage Two services CEO to: will be reviewed annually with the fi rst such review occurring twelve months after the initial i. Undertake all works and services necessary to prioritisation, and then every twelve months fulfi l QSNTS’ statutory functions in a manner thereafter. QSNTS reserves the right to vary or consistent with this policy; amend its prioritisation process or criteria upon ii. Make all decisions and provide all such advice three months notice to all Native Title Applicants in to the QSNTS constituents, Native Title Claims the Queensland South region. Groups and Native Title Claimants as are set out in this policy and attached policy programs; and

15 iii. Report to the Board of Directors, or Director (in Queensland South region means the area from the case of there being only one Director), in time to time declared to be the QSNTS region by relation to performance of QSNTS’ statutory the Minister. functions of this policy. QSNTS Constituents means all those Aboriginal INTERPRETATION People who assert Native Title in the QSNTS region. In this policy document and attached policy programs (NTDA Case Management Program, Future Acts Program, ILUA Program and such other policy programs as may be adopted and approved by the Board of Directors) the following words and terms have the meaning set out;

Board of Directors means the Board of Directors of the QSNTS.

Claim means a NTDA pursuant to section 61 of the NTA.

Native Title Applicant means a person who is named as an Applicant in a NTDA in the Federal Court of Australia.

Native Title Determination Application is an application pursuant to section 61 of the NTA.

QSNTS means the Queensland South Native Title Services Limited.

16 LEGAL REPORTSERVICES ON STRATEGIC PERFORMANCE PLAN The NTDA Case Management Program is applied REVIEW ON PERFORMANCE by QSNTS to assist Native Title Claim Groups to progress through staged management of their claims. The following information is provided on the The program consists of three stages; performance of QSNTS for the reporting period. 1. Stage One – “Right People for the Right Country”; NTDA CASE MANAGEMENT PROGRAM 2. Stage Two – Mediated Resolution; and QSNTS applies the NTDA Case Management 3. Stage Three – Litigated Resolution. Program to all NTDAs in the Queensland South region, regardless of whether QSNTS acts for QSNTS will assist the Native Title Applicants and the claim group or not. The purpose of the NTDA claim groups through each of the above stages, as Case Management Program is to provide clear and may be required, through the provision of services in achievable pathways to resolution of the NTDAs in accordance with the QSNTS Schedule of Services. the Queensland South region. QSNTS envisages Native Title Applicants and claim groups will not be that settlement of each of the properly constituted funded by QSNTS to engage consultants, lawyers or NTDAs in the Queensland South region ought other experts or to carry out the work themselves. to include but are not necessarily limited to the following core outcomes: These stages are summarised in the table below.

i. Recognition as Traditional Owners; Further details regarding these key stages for the ii. Ownership of freehold land and/or ALA land; management and monitoring of the progression of iii. Access to certain lands and waters for camping, the NTDAs are outlined below. hunting, fi shing, gathering or ceremonial purposes; STAGE ONE iv. Security of Cultural Heritage Management rights; “Right People for the Right Country” is a term which v. An incorporated body which represents the has been used to refer to the Native Title Claim interests of the traditional owners; and Group (right people) and the lands over which vi. Participation in Natural Resource Management. those people claim as the Traditional Owners (right country) have been reliably identifi ed.

SUMMARY OF STAGED APPROACH FOR MANAGEMENT OF NTDAS

All NTDAs are assessed by progressing through the following steps: i. Prepare a Preliminary Anthropological Assessment; ii. Prepare Further Anthropological Assessment (as necessary); iii. Prepare Baseline Anthropological Recommendations; Stage One iv. Undertake Legal Review and Prepare Legal Recommendations; v. Hold Land Summit; vi. Undertake Post Land Summit Mediation or Negotiation; vii. Hold Claimant Group Workshops/Authorisation Meetings; viii. Amend Applications/File Fresh Applications; and ix. Apply Prioritisation Criteria to Applications The Applicants in respect of each claim which reaches Stage Two will be prioritised in either or both of the following strands: Stage Two i. Native Title Negotiations; and/or ii. Non-Native Title Negotiations. Stage Three of the NTDA Case Management Program provides for litigated resolution of Stage Three Native Title Applications.

18 This approach will require many of the existing Preliminary and Further Anthropological Assessment NTDAs to be amended and may require some to QSNTS has undertaken a preliminary anthropological be withdrawn. QSNTS acknowledges that the assessment in each of the QSNTS sub-regions and identifi cation of the “Right People for the Right identifi ed the further anthropological work necessary Country” is something which may change as further to ensure that QSNTS has anthropological material information is gathered. suffi cient to satisfy the Queensland Government that the “Right People” have been identifi ed for the It is Queensland Government policy that it will only “Right Country”. commence negotiations with a view to the settlement of any NTDA where such Applications are free Research in the East Subdivision was not successful from overlap with other Native Title Applications. in identifying right people for right country for all Therefore, QSNTS sees it as a priority that all Native claims as a result of the reluctance of several of Title Applications are assessed to determine, on several applicants to co-operate with the QSNTS the anthropological evidence available, the claim appointed consultant. boundary and claim group description which will satisfy the Queensland Government’s requirements In addition, for the central region some of the that overlaps be removed and the right people for the research received was defi nitive in its conclusions right country are identifi ed. To achieve this, QSNTS (particularly in respect to the region) has adopted the following process: with the result that QSNTS has had to undertake further research. i. Prepare a preliminary anthropological assessment; ii. Prepare further anthropological assessment Lastly, as a result of the preliminary research (as necessary); undertaken most of the claims have had to amend in iii. Prepare baseline anthropological such a way that the registration test was reapplied. recommendations; In order for the claims to meet the requirements of iv. Undertake legal review and prepare legal the registration test, QSNTS has had to commission recommendations; further research that deals with connection issues v. Hold land summit; in a preliminary way. This research is fi led in the vi. Undertake post land summit mediation or Federal Court proceedings along with the new or negotiation; amended Application. The fi ling of this material with vii. Hold claimant group workshops/authorisation the new form 1 was not anticipated in the original meetings; strategic plan. QSNTS refers to this research as an viii. Amend applications/fi le fresh applications; and Application report. ix. Apply prioritisation criteria to applications. The further anthropological work has now been Further details regarding this process are undertaken as follows: outlined left..

19 • Western sub-region – October 2005 (completed recommendations and the legal recommendations completed with exception of Kullilli- Application were posted to those Native Title Applicants seeking report in progress); their response within 28 days. Post Land Summit • Central sub-region – June 2006 (completed with mediation will be available as set out below should exception of Barunggam –regional research for the Applicants wish to participate. Further research Darling Downs and for Mandandaji and Bigambul- can also be an outcome generated from the Land Application report in progress); and Summit process. • Eastern sub-region – February 2007 (Jinibara and only) Post Land Summit Mediation Provisions have been made at each Land Summit for Baseline Anthropological Recommendations mediation/negotiation of overlaps to continue after The baseline anthropological recommendations are the close of the Land Summit. Applicants will have a prepared by QSNTS on the basis of the presently period of three months in which to consult with their available information. An external consultant claim group as may be necessary and engage in anthropological (s) reviews all recommendations. further mediation/negotiation. Mediation/negotiation may be undertaken with the assistance of the NNTT The baseline anthropological recommendations or the Federal Court. will not represent QSNTS’ view of who are the proper Traditional Owners for the country, but are At the conclusion of the Post Land Summit Mediation only QSNTS’ view of the claim boundary and claim period, QSNTS has provided an interim report to the group description which have the best prospects Federal Court indicating whether Applicants have of success, based upon the material available participated in mediation, and whether the mediation to QSNTS. has been successful.

Legal Review and Recommendations Claimant Group Workshop/Authorisation Meeting A legal review of each NTDA in the western, After the expiration of the nine month Post Land central and eastern sub-region was conducted to Summit Mediation/negotiation period, those identify defects both technical and substantive Native Title Applicants who have adopted the with each application. Recommendations were claim boundary and claim group description as made to each claim group on the steps that should recommended by QSNTS will be assisted to hold a be taken by them to rectify the defects in order Claim Group Workshop and Authorisation Meeting. to avoid any potential striking out order by the The Claimant Group Workshop will be a one-day Federal Court. workshop at which the claim group will discuss the following matters: Land Summits QSNTS has held Land Summits in each sub regions i. The Native Title process (Bundle of Rights/Pre- since the baseline anthropological recommendations Registration Workshop); and the legal reviews have been completed. ii. The formulation and articulation of a binding These are a critical step in the process and are decision making process; resource intensive. iii. The claim group aspirations (Native Title and non Native Title); The Applicants have two weeks within which iv. The timetable for achieving the claim group to apply in writing to QSNTS for a review of aspirations; the baseline anthropological recommendation. v. The Deed of Agreement between the claim QSNTS will only view the baseline anthropological group and QSNTS; and recommendations where the written request for vi. The creation of an appropriate incorporated body, review is accompanied by an anthropological or amendment to existing incorporated bodies. report or evidence that was not considered by QSNTS in developing the baseline anthropological The Authorisation Meeting will be held for the recommendations. purpose of authorising the amendments to the NTDA or new NTDA as the case may be, which In the event that the Applicants from any particular will bring the NTDA into accord with QSNTS NTDA do not attend the Land Summit held for their recommendations. respective sub-region, the baseline anthropological 20 Amendment of Native Title Determination Application ii. May make such written submissions highlighting Following the Authorisation Meeting referred to the ways in which their application complies with above, preparation of the amended NTDA or fresh the prioritisation process. NTDA will occur. The Legal Review undertaken by QSNTS in preparation for the Land Summit assists STAGE TWO in determining whether the existing NTDA may be The Applicants in respect of each claim which amended or will be better pursued as new NTDA. reaches Stage Two will be prioritised in either or both of the following strands: Native Title Applicants have six months from the Land Summit to complete mediation or negotiations i. Native Title Negotiations; and/or regarding overlaps or claim group descriptions, ii. Non-Native Title Negotiations. hold the necessary authorisation meetings and formally amend or fi le a new Native Title application. NATIVE TITLE NEGOTIATIONS The Inaugural Land Summits, in each sub-region Native Title negotiations will be carried out for the provided and will continue to provide a venue for express purpose of negotiating recognition of the all Native Title Applicants from each Application existence of Native Title by the Federal Court with in each sub-region to come together and gather the consent of the State of Queensland and each of information from QSNTS about its policies the other parties. and priorities, discuss cross claim issues with neighbouring claim groups and raise issues for the It is Queensland Government policy that negotiation consideration of QSNTS. in respect of the terms of a Native Title Consent Determination will not commence until the The Inaugural Land Summit in each sub-region was Queensland Government has received and accepted particularly focussed on the removal of overlaps a Native Title Connection Report upon which it can based upon recommendations by QSNTS, with be satisfi ed as to the existence of Native Title. a view to all NTDAs moving to Stage Two of the NTDA Case Management Program. Travel and The preparation of such a Connection Report and accommodation costs with respect to the Applicant’s the associated negotiation is very costly and time attendance at the Land Summit will be met by consuming. QSNTS aims to prepare at least one QSNTS. Other Native Title Claim Group members Connection Report per sub-region per year. who wish to attend the meeting will be welcome but must meet their own costs. Non-Native Title Negotiations As an alternative to a Native Title Consent Nine months after the Land Summit, QSNTS will Determination, non-Native Title outcomes are prioritise the relevant Native Title Applications also available. A typical non-Native title settlement in accordance with the Prioritisation Process to package would be conditional upon the Native determine: Title Application being withdrawn. The State of Queensland may seek ‘surrender’ of Native Title. • Whether each application is eligible to receive Surrender may involve the Traditional Owners resources from QSNTS; entering into an ILUA which contains terms for the • Of the eligible applications, which have suffi ciently surrender of Native Title. strong baseline anthropology to warrant the preparation of a Connection Report; and This procedure is different to the position where, • Of those eligible applications that most strongly after hearing evidence, the Federal Court makes meets the matters to be considered in the a determination that Native Title does not exist. Prioritisation Process. However, where an ILUA has been registered by the NNTT, it has the force of an order of the Prior to prioritising the relevant Native Title Federal Court. Applications the Native Title Applicants: The State of Queensland will benefi t from non- i. Must advise QSNTS in writing whether they Native Title outcomes in that matters will no longer wish to be considered for prioritisation in respect need to be litigated. It will also mean that the right of Stage Two – Native Title Negotiations and or to negotiate provisions no longer have effect. To Stage Two – Non-native Title Negotiations; and encourage Native Title Claimants to settle their 21 claims on the basis that Native Title is surrendered, the State of Queensland has, in the past, entered FUTURE ACTS PROGRAM into agreements in which the Native Title Claimants have received: The purpose of the QSNTS Future Acts Program is to ensure: • Freehold land; • ALA land; • Future Acts are managed according to a process • Agreement as to co-management of National that protects Traditional Owner rights and Parks or Forest Reserves; interests in a cost effective manner. • Access to lands for camping, hunting, fi shing and gathering; NEW FUTURE ACT NOTICES ON EXISTING NTDAS • Access to lands for cultural purposes; On lands where there are existing NTDAs, QSNTS • Recognition as the Aboriginal cultural heritage will ensure all Applicants in all Applications affected body for the lands and waters; and by the Future Act notices are notifi ed. Upon • Dedication of reserves with Aboriginal trustees. receiving instructions from the Applicant, the relevant QSNTS Project Manager will undertake a preliminary QSNTS believes that there is a range of other assessment of the Future Act Notice and prepare a outcomes which the Queensland Government can plan of work in respect of the notice. accommodate in addition to those listed above and will pursue discussion with the Queensland COSTING OF WORKS IN RESPECT OF NEW FUTURE ACT Government and the other stakeholders regarding NOTICES such a broader range of outcomes. QSNTS has developed a standard rate to apply to Future Acts Activity. However, QSNTS has found Other matters which a Native Title Claim Group that the standard rate does not provide suffi cient ought to take into account in determining whether fl exibility for the work undertaken and it intends to they wish to surrender Native Title or pursue a conduct a review. Consent Determination of Native Title are: On lands covered by existing NTDA’s, QSNTS will • The extent to which Native Title rights and interests forward Future Act notices to registered Applicants. in their lands and waters have been extinguished Where the Future Act notice triggers the Right by reason of grants of tenure; to Negotiate procedure under the NTA, QSNTS • The extent to which the lands and waters in which will provide representation to the Applicant upon Native Title rights and interest continue to exist are receiving instructions to act. of particular cultural or spiritual value; and • The extent to which removal and dispossession Where a Future Act notice triggers the expedited from lands has affected the Native Title claim procedure, QSNTS will provide representation Groups ability to prove continuity of connection. where the Applicant provides instructions that it wishes to object to the procedure. Where the Future STAGE THREE Act notice provides an opportunity to comment Stage Three of the NTDA Case Management or seek compensation, QSNTS will also provide Program provides for litigated resolution of NTDAs. representation upon receiving instructions from the QSNTS will not fund private lawyers employed Applicant. by applicants to progress litigation of their Native Title claim. The existing standard rate is as follows.

COSTING FOR STANDARD FUTURE ACT NOTICES

Legal Advice $10,000.00 Meetings x 5 days Meetings x 4 days and Workshop $30,000.00 QSNTS Administration 15% of cost 22 NON-STANDARD FUTURE ACT NOTICES i. Model Indigenous Nations ILUA; A Project Manager may identify a new Future ii. Alternative Procedures ILUA; and Act Notice as non-standard by reference to iii. Respondent Party ILUA. claim group size, dispersion or unity, project size, environmental impact or cultural heritage MODEL INDIGENOUS NATIONS ILUA impact. Where a new Future Act is identifi ed as QSNTS has identifi ed that there exists a need for non-standard the Project Manager will estimate two mechanisms to manage confl ict arising from the costs of QSNTS involvement having reference boundary disputes, group membership and resource to administration costs fi xed at 15% of cost ownership and management. They are Nation to and cost estimates from QSNTS Legal Offi cers Nation ILUAs and Regional or Sub-regional ILUAs. including Counsel’s fees and consultant’s costs QSNTS will develop models for ease of access and in respect of any expert advice (e.g. hydrological, use by Traditional Owner groups. archaeological advice). Nation to Nation ILUA NEW FUTURE ACT NOTICES ON UNCLAIMED LAND As a parallel process to the development of baseline Where a new Future Act Notice is issued in respect anthropological information, QSNTS will develop of lands which are not the subject of a NTDA, the model ILUAs which neighbouring Traditional Owner Project Manager for the region will identify the Native groups can enter in a staged process. Title Claim Group by reference to the Baseline Anthropological Recommendations and either: As an indicative outline, the stages which neighbouring Traditional Owner groups might agree i. Assist that group to prepare a NTDA for the area upon are: covered by the Future Act. The Application will be fi led subject to agreement with the Native • Recognition of boundaries; Title Claim Group that upon resolution of the • Recognition of rights of ownership of lands matter, the Application will be withdrawn; or and waters; ii. Assist that group to prepare and fi le a NTDA • Recognition of ownership of natural resources; which covers the whole of the country claimed • Recognition of rights of neighbours to travel over by those people in accordance with the NTDA and camp upon land, to hunt certain species, and Case Management Program (See above). to collect certain objects; and • Recognition of the obligations of neighbours to Alternatively, the claim group, if incorporated in a not go to or camp at certain places, take certain manner consistent with the Baseline Anthropological species or quantities of certain species, not Recommendations, may seek to access negotiations damage or destroy any natural resources, and not with the proponents through such alternative speak in relation to country. mechanisms as may exist for that purpose. Regional or Sub-Regional ILUA There also exists the need for development of an ILUA PROGRAM inter-national ILUA process to provide a decision making platform for regional and sub-regional land The purpose of the QSNTS ILUA Program is and resource management issues. Such an ILUA to ensure: or ILUAs will provide the individual Indigenous nations with an opportunity to make collective • The ILUA process is developed as a tool for intra decisions on the basis of land management units Aboriginal community use. (Nation to Nation and such as catchment, bioregions, economic zones Regional or Sub-Regional ILUAs); and and development corridors. While this is already • Development and pursuit of an Alternative achieved on an ad-hoc basis, QSNTS believes a Procedures ILUA which will remove the need for more formalised process will lead to more informed registered NTDAs to secure rights to negotiate. and, ultimately, better strategic decisions.

PROGRAM STRANDS ALTERNATIVE PROCEDURES ILUA The program has three strands. They are: QSNTS sees the development of an Alternative Procedures ILUA as a potentially signifi cant part

23 of the resolution of Native Title matters in the SUMMARY OF ACTIVITY RESULTS Queensland South region. Such an ILUA would allow Consistent with the LSSP, a key focus of QSNTS Native Title Applicants to withdraw claims and still activities was to work towards Stage One retain the procedural rights that fl ow from registration anthropological reports for claims and Stage Two of Native Title Applications. connection reports for prioritised claims. This involved using the Queensland Government’s At present the inability to amend Applications without Native Title connection guidelines, devising terms of the risk of losing status as a registered Native Title reference and reviewing all material held. Using these Application is restricting the ability to rationalise terms of reference, QSNTS matched the work with the overlapping claims. QSNTS will pursue the available anthropologists. QSNTS staff accompanied development of an Alternative Procedures ILUA with all anthropologists into the fi eld where possible and the assistance of the Queensland Government and necessary. Once the reports were provided, they the NNTT. were scrutinised by our Research Section which then arranged for them to be peer reviewed and RESPONDENT PARTY ILUA provided to the Legal Offi cers for comment. From QSNTS also sees the utility and benefi t to Traditional these reports, the Research section provided Owners in entering into ILUAs with respondent recommendations. The recommendations were then parties in relation to particular forms of activities or reviewed, prepared and presented to Applicants at areas of land. Land Summits by Facilitators. The overall process is highly resource intensive.

RESOURCES The results achieved across the above programs is summarised in the following tables. Each of the program strands would be managed internally with external legal support (consultants) as necessary. The matters would be progressed by the development of working parties that would draw upon the expertise of other bodies and agencies working in the fi eld.

24 SUMMARY OF ACTIVITY RESULTS AGAINST OPERATIONAL PLAN

OUTCOME OUTPUT Activity Protection and/ Activity Intended Expected Summary of Activity Result Number or Recognition Name and Activity Timing to of Native Title Description Objective achieve (listed in objectives priority order) 60701 Recognition & Mithaka Finalisation 1/12/07 Dr Paul Gorecki completed his Protection of Stage 2 fi nal draft of the anthropological Research report for the connection material and is being reviewed by the legal section to make sure it complies with the requirements of the State Government. State 1/6/08 The State Government Government will not negotiate for a Negotiation consent determination while overlaps remain. Applicant 1/2/08 Western Applicants Workshop Meeting was held in Roma on 14-15 March.

The Constitutional Design Workshop was held in Roma on 18 October 2007. There was also a Follow up Governance and Capacity Building Workshop for the Western Region on 19 October 2007. 60702 Recognition & Boonthamurra Finalisation 1/12/07 Connection report has not Protection of Stage 2 been completed Research Judicial Review 1/6/08 State 1/6/08 Not commenced as Connection Negotiation Report not completed. Applicant 1/2/08 Western Applicants Workshop Meeting was held in Roma on 14-15 March.

25 OUTCOME OUTPUT Activity Protection and/ Activity Intended Expected Summary of Activity Result Number or Recognition Name and Activity Timing to of Native Title Description Objective achieve (listed in objectives priority order) 60703 Recognition & Mardigan Finalisation 1/12/07 Mardigan Anthropological Protection of Stage 2 report has been received and Research the preliminary opinion of the State 1/6/08 PLO is that further connection Negotiation material will need to be Applicant 1/2/08 commissioned. Negotiations Meeting with the State have not commenced as the connection material has not been fi nalised.

Western Applicants Workshop was held in Roma on 14-15 March. 60704 Recognition & Budjiti Finalisation 1/12/07 No anthropologist was available Protection of Stage 2 to do this report. QSNTS Research has engaged a consultant to prepare a linguistic and historical report and is hoping to begin work on a stage two conception report in the next fi nancial year. State 1/6/08 Negotiation Applicant 1/2/08 Western Applicants Workshop Meeting was held in Roma on 14-15 March. 60705 Recognition & Quandamooka Finalisation 1/12/07 Connection and genealogical Protection of Stage 2 report completed and provided Research to the State on 11 June 2008. State 1/6/08 Negotiation Quandamooka Interim Family Family 1/5/08 Representative Steering Representatives Committee held on January 18, Meeting February 4 , March 4 and 31 Elders Meeting 1/3/08 March 2008. Authorisation 1/12/07 Meeting Elders Meeting held on March 29 and 19 April 2008.

Authorisation Meeting held on 1 December 2007. 60706 Recognition & Kunja Form 1 1/9/07 Work has been delayed until Protection Application next fi nancial year due to Applicant 1/2/08 authorisation issues. Meeting Commencement 1/12/07 of Stage 2 research 26 OUTCOME OUTPUT Activity Protection and/ Activity Intended Expected Summary of Activity Result Number or Recognition Name and Activity Timing to of Native Title Description Objective achieve (listed in objectives priority order) 60707 Recognition & Form 1 1/12/07 Application report being Protection Finalisation prepared for inclusion with the Commencement 1/12/07 Form 1. of Stage 2 Research An anthropologist has been Applicant 1/2/08 contracted to prepare an Meeting anthropological report for inclusion in the connection material.

The Applicant Meeting was delayed until August 08. 60708 Recognition & Mulanjali Stage 1 1/4/08 Not completed, regional research Protection Research project to be commissioned next fi nancial year. 60709 Recognition & Sunshine Coast Authorisation 1/6/08 Further consultation will occur Protection Region Meeting next fi nancial year on claim group description and further research will be commissioned prior to proceeding to authorisation meeting. Commencement 1/6/08 Not commenced until research of Form 1 and consultation complete. Applicant 1/4/08 Delayed. Meeting 60710 Recognition & Kullilli Authorisation 1/4/08 Authorisation meeting was held Protection Meeting on 10 May 2008. Form 1 1/6/08 Finalisation An Applicant meeting was held Applicant 1/2/08 on 11, 12 and 13 June 2008. Meeting Form 1 is being prepared and an Application report has been commissioned for lodgement with new Form 1. 60711 Recognition & Bidjara Form 1 1/9/07 Form 1 fi nalised. Protection Finalisation Commencement 1/12/07 Stage 2 research has been of Stage 2 commissioned. Research Applicant 1/4/08 An Applicant Meeting was held Meeting in Roma on 21 February 2008 and Brisbane on 10-11 June 2008.

27 OUTCOME OUTPUT Activity Protection and/ Activity Intended Expected Summary of Activity Result Number or Recognition Name and Activity Timing to of Native Title Description Objective achieve (listed in objectives priority order) 60712 Recognition & Kooma Authorisation 1/12/07 Further consultation on Protection Meeting authorisation meeting necessary. Authorisation meeting to be held next fi nancial year. Form 1 1/3/08 Form 1 completed and fi led Completion with Federal Court. Commencement 1/3/08 A researcher has been of Stage 2 commissioned to prepare the Research anthropological report. Applicant 1/6/08 Applicant Meeting not held. Meeting x 3 607014 Recognition & Bigambul Authorisation 1/3/08 Authorisation meeting delayed Protection Meeting until next fi nancial year as Completion of 1/6/08 further consultation with claim Form 1 group required.

Application report will be commissioned next fi nancial year prior to lodgement of new form 1. 607015 Recognition & Turrbul Post Land 1/12/07 Discussions with Applicant are Protection Summit Follow continuing re commissioning of Up stage 1 report. 607018 Recognition & Jagera Finalisation of 1/9/07 Discussions with Applicant are Protection Stage 1 continuing re commissioning of Authorisation 1/3/08 stage 1 report. Meeting Commencement 1/12/07 of Form 1 607020 Recognition & Barunggam Authorisation 1/3/08 Further research was Protection Meeting commissioned for whole Completion of 1/6/08 Darling Downs region to be Form 1 completed next fi nancial year. 607025 Recognition & Authorisation 1/3/08 Further research was Protection Meeting commissioned for whole Applicant 1/4/08 Darling Downs region. Meeting Commencement 1/5/08 of Form 1

28 OUTCOME OUTPUT Activity Protection and/ Activity Intended Expected Summary of Activity Result Number or Recognition Name and Activity Timing to of Native Title Description Objective achieve (listed in objectives priority order) 607028 Recognition & Githabul Authorisation 1/12/07 Negotiations with continuing Protection Meeting Applicant re instructions to Act. Commencement 1/6/08 of Form 1 Recognition & Jiniburra Authorisation 1/4/08 Protection Meeting Commencement 1/6/08 of Form 1 Applicant 1/4/08 Meeting Recognition & Gold Coast Finalisation 1/6/08 Discussions with Applicant are Protection of Stage 1 continuing re commissioning of Research stage 1 report. Applicant 1/6/08 Meeting Recognition & Gunggari Authorisation 1/12/07 Authorisation Meeting held on Protection Meeting 3 May 2008. Commencement 1/4/08 Amended Form 1 completed of Form 1 and fi led with Federal Court. Applicant 1/6/08 Meetings Recognition & Bunya Authorisation 1/3/08 Research for this area is still Protection Mountains Meeting outstanding. Lodgement of claim is now not likely to be a priority as further research has been commissioned for the entire Darling Downs region. Commencement 1/6/08 of Form 1 Applicant 1/4/08 Meeting Recognition & Regional Boonthamurra 1/6/08 Initial approaches to State Protection Negotiation Budjiti of Queensland have been Mardigan fruitful, further progress awaits Mithaka lodgement of Kullilli claim and resolution of Wongkumara representation issues.

29 and central areas. Connection reports were ANALYSIS OF ACTIVITY completed for Quandamooka and Mithaka. An anthropologist’s report was received as part of the PERFORMANCE Mardigan connection report and work continued to be carried out on the Mardigan, Budjiti and Land Summits have proven to be the best and most Boonthamurra connection reports. Work began cost effective and effi cient manner of progressing on connection reports for Bidjara, Gunggarri and matters in this region. Much work is done in Mandandanji. A linguistic report for the central region preparation and in discussing issues of concern with encompassing Bidjara, Gunggari, Mandandanji and neighbouring groups. QSNTS will continue to hold Kooma was contracted. Application reports were Land Summits every two years. Follow up meetings completed to support the submission of the new will also be held to resolve issues. Kooma and Bidjara claims and an application report was commissioned for the Mandandanji claim. Stage one reports were completed for Bigambul and the RESEARCH – LAND INTEREST Sunshine Coast. Research was carried out on the Kooma and Gunggari apicals due to an overlap of REFERENCE COLLECTION ancestors. Research was completed on a Kullilli genealogical report commissioned to establish a The Land Interest Reference (LIR) has more than defi nitive list of Kullilli apical ancestors and claim doubled in size since 2006. The LIR now contains group description. over 1100 items. The items within the LIR range from copies of published books, published articles, QSNTS held an experts conference of senior fi eld notes and reports to maps and multimedia researchers and consultants who had worked on or items. These have been housed in fi re proof lockable near the Darling Downs in relation to the claims of cabinets and are managed by a computerised the Darling Downs, specifi cally Barrungam and the database. A large part of the material consists of former Jarowair and Western Wakka Wakka claims. unpublished anthropological reports documenting However no consensus of opinion was reached at NTDA Applicant groups or their regions but since this conference and an independent review was 2006 the LIR has greatly expanded the amount of contracted of the research material for the region. published material it contains. This collection has grown rapidly and is expected to continue to grow The above research outcomes have extensively substantially as more claims progress to Stage Two. expanded Queensland South Native Title Services The driving forces behind this expansion was the database on the Traditional Ownership and Native need to make recommendations to NTDA groups at Title Interests within its region. Queensland South QSNTS’ Eastern Land Summit and follow up from Native Title Services research section worked the Central and Western Land Summits. closely with the consultant Anthropologists to build capacity and enhance research outcomes. This close During the reporting period much work was carried relationship and quality of the research has been out in the QSNTS region. This research built upon of considerable assistance and contributed to the the previous research and Land Summits and as continuing positive research outcomes of QSNTS for such the majority of research is now being carried claimants. out as part of connection reports for the western

30 On 15 March 2008 QSNTS facilitated a workshop NTDA CASE MANAGEMENT with offi cers of the Department of Natural Resources PROGRAM and Water with the Applicant. Budjiti The following narrative details are provided on The Budjiti Application was fi led in the Federal Court the key activities progressed under the case on 20 February 2007 and accepted for registration management program for the Western, Central on 10 July 2007. and Eastern sub-regions respectively. It should be noted that preparation for the Land Summits Preparation for prescribed body corporate, capacity to discuss applications, boundaries and overlaps development and governance workshops was is a key plank in all the work undertaken during undertaken by the Legal and Communities Sections 2007/08. during the reporting period.

QSNTS only paid travel allowance to authorised A governance and capacity building Applicant Applicants but informed Traditional Owners that if workshop was held on 27 July 2007 with a follow people arrived, food would be provided. QSNTS up meeting facilitated by QSNTS on 28 July 2007. A provided meals at the venue for the Eastern prescribed body corporate workshop was delivered Land Summit. to the Applicant by ORATSI on 19 October 2007.

WESTERN SUB REGION At an Applicant workshop held on 20 October 2007 Boonthamurra QSNTS continued its attempts at mediation between The application was fi led on 2 November 2006 and Mardigan and Budjiti Applicants concerning the registered on 30 July 2007. Memorandum of Understanding between the groups as to a joint native title determination application According to the prioritisation process of the LSSP, over the contested country to the south of the the Boonthamurra NTDA was prioritised for Stage Budjiti claim. The Applicants of Budjiti and Mardigan Two in the Case management program. decided to delay making a decision regarding co- operation on a joint claim until after the conclusion An anthropologist was selected and terms of of the Stage 2 connection reports for each claim. reference were drafted for work to commence on Research will then need to be undertaken to the compilation of the anthropological report for the investigate whether commonality of customs and Connection Report. This research will continue and practices will support a joint claim. be fi nalised in the forthcoming fi nancial year. On 14 March 2008 ORATSI facilitated a prescribed A new Wongkumara claim (QUD52/2008) was body corporate constitution design workshop lodged on 11 March 2008, and registered on 12 with the Applicant and on 15 March 2008 April 2008, which overlaps with the Boonthamurra QSNTS facilitated a workshop with offi cers of the claim. Once notifi ed, the Boonthamurra Applicant Department of Natural Resources and Water with will be entitled to make application to become a the Applicant. respondent party to this claim. Members of the Kunja claim group have applied Preparation for prescribed body corporate, capacity to become a respondent party to the Budjiti claim. development and governance workshops was Instructions have been received from the Budjiti undertaken by the Legal and Communities Sections Applicant to move to have them removed as during the reporting period. respondents to the claim.

A governance and capacity building Applicant According to the prioritisation process of the LSSP, workshop was held on 27 July 2007 with a follow the Budjiti NTDA was prioritised to Stage Two in the up meeting facilitated by QSNTS on 28 July Case Management program. An anthropologist was 2007. A prescribed body corporate workshop selected, terms of reference drafted and Stage Two was delivered to the Applicant by ORATSI on requirements sorted in preparation for the Stage Two 19 October 2007. Connection Report.

31 As a result of being unable to secure a senior An authorisation meeting of the Kullilli claim group anthropologist to undertake the necessary was held in Thargomindah on 10 May 2008 which anthropological research this fi nancial year, a authorised a new NTDA. historical report was commissioned. A historian was selected and terms of reference drafted. As a result of the authorisation of a new Kullilli The historical report will provide invaluable back claim the preparation of a new Form 1 Application ground information for the anthropologist, when commenced. A summary of outcomes from the the connection report is prepared and will form authorisation meeting were prepared and affi davits a component of the Connection material to be were drafted as part of the preparation of the supplied to the State during consent Form 1 Application. determination negotiations. Terms of reference for a preliminary anthropological In-house research was completed to provide a report to accompany the lodgement of the new Form brief for the consultant anthropologist and historian 1 Application was prepared and research has been engaged on this matter. This in-house research commissioned. This research will continue and be involved a desktop review of ethnographic material fi nalised in the forthcoming fi nancial year. so that QSNTS could provide a research brick to the researchers and it also contained legal and In-house research was completed to provide a brief anthropological background for the NTDA. for the consultant anthropologist on this matter. This in-house research involved a desktop review of Kullilli ethnographic material so that QSNTS could provide The Federal Court ordered the old Kullilli Applicant a research brick to the researchers and it also to amend its claim by November 2006 or the claim contained legal and anthropological background for would stand dismissed. Some of the persons the NTDA. constituting the Applicant purported to terminate the retainer of QSNTS and appoint a private solicitor A meeting of the Applicant was held in Brisbane to act for them. However, not all the persons who on 11, 12 and 13 June 2008 where various issues constituted the Applicant would authorise a new regarding claim management and prescribed body solicitor. No instructions were provided to QSNTS corporate structure were discussed. by the Applicant to comply with the court orders and the Application was dismissed. The private solicitor Kunja applied unsuccessfully to the court to set aside the An authorisation meeting for a new Kunja claim order dismissing the NTDA. The private solicitor also was held in Cunnamulla on 31 October 2006 tried to get a new claim authorised but the Court and preparation for a new Form 1 Application was informed the meeting had to be abandoned commenced. because it became unruly. Subsequent to the meeting, a dispute arose within QSNTS investigated how previous Kullilli NTDAs the claim group over whether certain persons were authorised for the purpose of providing were entitled to attend the authorisation meeting. advice on the process and arrangements for the Ultimately, the nominated persons constituting the authorisation of a new claim. Applicant would not agree that the claim had been properly authorised and would not execute section Research established a defi nitive list of Apical 62 Affi davits for lodgement of a new claim. ancestors and boundary for the new claim area. A further issue was that the Kunja Applicants QSNTS consulted with Kullilli families with the view advised QSNTS that it would not honour a boundary to holding descent group meetings at Cherbourg agreement made with the Budjiti People. QSNTS and Woorabinda prior to the authorisation meeting policy states that it will not support claim groups to of a new claim as large numbers of Kullilli reside or make overlapping NTDAs that are inconsistent with remain connected to families on these reserve areas. the available anthropological evidence.

Pre-authorisation workshops for a new claim were Ultimately, the Form 1 Application authorised held on 11 and 19 April 2008 in Woorabinda and in October 2006 was never fi nalised and was Cherbourg respectively. not lodged. 32 On 14 January 2008 QSNTS received a written QSNTS has continued in its efforts since the request from members of the former Applicant group authorisation meeting to get the two groups to to lodge a claim on their behalf. co-operate with each other regarding the contested country. At an Applicants workshop held on 20 There is every prospect that a new Kunja October 2007 in Roma QSNTS continued its attempts authorisation meeting will be held in the forthcoming at mediation between Mardigan and Budjiti Applicants fi nancial year. concerning the Memorandum of Understanding between the groups as to a joint native title Mardigan determination application over the contested country to The Mardigan Application originally overlapped the south of the Budjiti claim. The Applicants of Budjiti Boonthamurra and Budjiti and Kullilli applications. and Mardigan decided to delay making a decision QSNTS facilitated an agreement between the regarding co-operation on a joint claim until after the groups to resolve these overlaps and a new conclusion of the Stage 2 connection reports for Mardigan application was fi led on 17 January 2007 each claim. Research will then need to be undertaken and registered on 6 June 2007. to investigate whether commonality of customs and practices will support a joint claim. At the authorisation meeting the Mardigan People decided to pursue a determination of their Native Preparation for prescribed body corporate, capacity Title claim in two stages: the From 1 Application development and governance workshops was registered applies to the non-overlapping part of the undertaken by the Legal and Communities Sections claim and it was intended that a subsequent claim during the reporting period. would be fi led over an area in which both the Budjiti People and the Mardigan People claim common A governance and capacity building Applicant Native Title rights. workshop was held on 27 July 2007 with a follow

33 up meeting facilitated by QSNTS on 28 July 2007. A An application by the Maiawali Karuwali #2 claim prescribed body corporate workshop was delivered group to amend their application to remove the to the Applicant by ORATSI on 19 October 2007. overlap with Mithaka was to be heard on 4 February 2008, but was relisted to be heard on 1 May 2008. On 15 March 2008 QSNTS facilitated a workshop The notice of motion by the Maiawali Karuwali #2 with offi cers of the Department of Natural Resources People claim group to amend their application to and Water with the Applicant remove the overlap with Mithaka was withdrawn by the Gurang Land Council (Aboriginal Corporation) According to the prioritisation process of the LSSP, following some technical objections by the solicitor the Mardigan NTDA was prioritised for Stage Two in for Agforce, which is a respondent party. A meeting the Case Management program. of the applicant was held on 21 May 2008 where it was resolved to wait until after 30 June 2008 before An anthropologist was selected and terms of pursuing the matter on the basis that it may be able reference drafted for the Stage Two connection to be dealt with in-house by QSNTS. report. A draft anthropological report was received on 18 May 2008. This is being internally reviewed The Wangkangurru/Yarluyandi Applicant, after by the Legal team to see whether it meets the State signing off on an in-principle agreement, which Government’s requirements for connection. However, would see the removal of overlap with the it is the PLO’s preliminary view that further research Mithaka claim refused to take the agreement to an will be required before the connection material can authorisation meeting. The Mithaka Applicant has be provided to the State. already amended their claim boundary to implement the agreement. On instructions from the Mithaka Terms of reference for a Genealogical Report were Applicant, on 22 February 2008 QSNTS fi led an drafted and the report was commissioned. This application for the Mithaka Applicant to become a genealogical report will continue and be fi nalised in party to Wangkangurru Yarluyandi NTDA. the forthcoming fi nancial year. On 4 March 2008, the Mithaka Applicant was Mithaka granted leave by the Federal Court to become a The Mithaka Applicant lodged an amended Form 1 party to the Wangkangurru/Yarluyandi NTDA. following the death of the Applicant. The research team prepared schedules to accompany the Form 1, The Federal Court referred the matter of the overlap the NNTT provided mapping and a boundary with the Wangkangurru/Yarluyandi to NNTT for description and the legal team prepared the notice of further mediation. The NNTT held a teleconference at motion and accompanying section 66B affi davits to which further proposals to resolve the overlap were change the Applicant. considered. One of the options was approved by the Mithaka Applicant. An application to amend the Form 1 to implement boundary agreements was also prepared, with QSNTS has approved conditional funding for the accompanying section 62 affi davits and a notice of attendance of the Wangkangurru/Yarluyandi legal motion. The notice of motion regarding the boundary representative in Birdsville to obtain instructions as amendments was heard on 21 December 2007. In to whether the new proposal to resolve the overlap February 2008 QSNTS was advised that the Mithaka would be acceptable. Solicitor for the WY claim has amended NTDA had passed the registration test and advised that he is unable to provide an undertaking the boundaries and Applicant details were amended. that the option has reasonable prospects of success.

Overlap mediation with the Yandruwandha/ A further Directions Hearing of the WY NTDA will be Yawarrawarrka People was successful and QSNTS held in Adelaide on 5 September 2008 at which time corresponded with the legal representatives of it will consider a report from the NNTT on progress the Yandruwandha/Yawarrawarrka People to have towards resolution. them remove themselves as respondents to the Mithaka claim. Yandruwandha/Yawarrawarrka People According to the prioritisation process of the LSSP, ceased to be respondent parties to the claim on the Mithaka NTDA was prioritised to Stage Two 17 March 2008. in the Case Management program last year. Dr Gorecki completed his anthropological report for 34 the Connection material and it is being reviewed A governance and capacity building Applicant by the legal section to ensure it complies with the workshop was held on 27 July 2007 with a follow up requirements of the State Government. This review meeting facilitated by QSNTS on 28 July 2007. will continue into the forthcoming fi nancial year. A prescribed body corporate workshop was delivered to the Applicant by ORATSI on 18 and The Federal Court has ordered that the connection 19 October 2007. material be delivered to the State Government by 1 October 2008 and a Directions Hearing has been On 15 March 2008 QSNTS facilitated a workshop set down for 5 October 2008. with offi cers of the Department of Natural Resources and Water with the Applicant. The State Government has advised that they will not negotiate for a consent determination while Wongkumara overlaps remain. A new Wongkumara claim was lodged on 11 March 2008, and registered on 12 April 2008, which QSNTS appeared for the Applicant at Directions overlaps with the Boonthamurra claim. Hearings during the reporting period and has assisted the Applicants to comply with orders of the QSNTS is not solicitor on the record for the Federal Court. Wongkumara People and has not conducted any legal or research work in this reporting year on this Preparation for prescribed body corporate, capacity claim. However research into the Boonthamura development and governance workshops was People indicates a cultural connection between the undertaken by the Legal and Communities Sections two groups. during the reporting period.

35 CENTRAL SUB REGION As a result of the opinion of the anthropologist, Barunggam QSNTS commissioned a further report from Dr A court report and draft orders were fi led in Natalie Kwok. Dr Kwok’s report indicated that the the Federal Court and served on the Parties Descendants of Jack Darlow had an interest in the in preparation of the Directions Hearing of north east corner of the existing claim and also 7 September 2007. At the Directions Hearing, confi rmed that they had a similar cultural history. QSNTS had instructions to seek a further A Memorandum of Understanding was negotiated adjournment and postponement of the authorisation and drafted as a result of mediation in the NNTT. meeting pending the conclusion of mediation in the However at this stage neither group has executed NNTT. The Court ordered that the Application either the MOU. be discontinued by 16 May 2008 or the application be amended by 30 May 2008 to change the On 3 December 2007 QSNTS convened a description of the claim group and remove existing conference of all the experts who have done work on overlaps, otherwise the claim would be dismissed. or near the Darling Downs area. At this conference the experts failed to reach a consensus as to the On 3 April 2006, QSNTS commissioned a description of the claim group for area covered by consultant anthropologist to provide advice the Barunggam claim. The failure of the conference regarding an appropriate claim group and boundary of experts to fi nd a common position has meant description for a claim for native title that included that QSNTS needs to undertake further research the area covered by the Barunggam Application. A before providing advice to the Barunggam Applicant report was provided in December 2006 purporting about what should be done in respect of the existing to fulfi l the contractual obligations. claim group description and boundary. QSNTS has

36 decided to provide all the existing research material Preparation of a new Form 1 Application continued to a senior consultant anthropologist to establish and affi davits were drafted and information gathered whether the available anthropological evidence as part of the preparation of the Form 1 Application. supports a common claim for the region or separate claims for each identifi able family group. According to the prioritisation process of the LSSP, the Bidjara NTDA was prioritised to Stage Two in QSNTS drafted terms of reference and contracted the Case Management program. An anthropologist Lesley Mearns to prepare a further anthropological was selected and terms of reference drafted for report. The date for completion of this report is 29 the Stage Two connection report. This report will August 2008. Once this report is received QSNTS continue into the forthcoming fi nancial year. will be in a position to advise the former Applicants as to whether a new Native Title Determination In-house research was completed to provide a should be lodged. This research and report will brief for the consultant anthropologist and historian continue into the forthcoming fi nancial year. engaged on this matter. This in-house research involved a desktop review of ethnographic material On 5 June 2008, the Federal Court refused an so that QSNTS could provide a research brick to application for an extension of time for compliance the researchers and it also contained legal and with an order of the Federal Court that the claim be anthropological background for the NTDA. amended or stand dismissed. Preparation for an Applicants workshop was QSNTS has been ordered by the court into undertaken by the communities and legal sections mediation with the Tara Shire Council (“the Council”) and a meeting of the Applicants was held in Roma over its application for a fi nding that Native Title on 21 February 2007. The progress of the NTDA does not exist in relation to two parcels of land that Application was discussed. The accompanying constitute water and recreation reserves. QSNTS section 62 affi davits for the Form 1 Application has met with the Tara Shire Council and it is were executed. proposed to settle the matter on the basis that the Tara Shire Council withdraw its application and an QSNTS has negotiated a native title resumption Agreement be entered into guaranteeing the group agreement for Bidjara #3 with the Bauhinia Shire access rights to the area. The Tara Shire Council Council. This agreement was executed by Bidjara would then move to compulsorily acquire the area. #3 on 21 February 2008. It provides for the transfer A draft Agreement from the Tara Shire Council of two parcels of freehold land to a corporation solicitors has been received and reviewed by the nominated by the Bidjara #3 applicant as legal section. The Agreement has been forwarded to compensation for the acquisition of native title over the Barunggam Applicant for execution. several lots to accommodate a housing shortage in the area. Bidjara #2, #3 and #4 The Bidjara people have 4 NTDAs. Bidjara #5 Pre-lodgement advice from the NNTT has been failed registration and Bidjara #2 was dismissed on provided but this advice did not address the issues 1 October 2007. of connection or the establishment of a prima facie case, however, it did identify a minor drafting issue An authorisation meeting for a new Bidjara NTDA which has now been addressed. was held in Charleville on 10 February 2007. The overlap with the Karringbal People remains to QSNTS accepted instructions to keep the existing be resolved and the Gunggari aspirations to an Bidjara #3 and #4 claims on foot until the new claim area north of Mitchell also need to be addressed. In was registered in order to protect the procedural addition, the aspirations of some of the Bidjara claim rights of the Bidjara People. group to a much greater area need to be considered.

QSNTS has appeared for Bidjara #3 and Bidjara #4 Bigambul at Directions Hearing during the reporting period and In line with the recommendations from the Central has assisted the Applicants to comply with orders of Land Summit (June 2006), research continued the Federal Court. by the consultant anthropologist who had been engaged to compile the Stage 1 report. QSNTS 37 has provided in-house support to the consultant authorisation meeting be held for a new claim. The anthropologist Applicants meeting accepted this recommendation but requested that QSNTS conduct further QSNTS has appeared for Bigambul Applicant at research to establish two people are linked to the Directions Hearing during the reporting period and pre-sovereignty society of Bigambul people and has assisted the Applicants to comply with orders of to provide this information to the applicant prior to the Federal Court. proceeding to an Authorisation meeting.

A Directions Hearing was held on 7 September Having concluded the research, QSNTS 2007. The court accepted the submission of QSNTS recommended to the Applicants that the claim group that more time was needed for the anthropologist description for the new Bigambul claim be that as to complete his report and for the Bigambul families suggested by the consultant anthropologist. to be consulted. QSNTS advised the Court that an authorisation meeting of the claim group would In compliance with the orders of Collier J of be needed to approve amendments to the claim. 19 March 2008, QSNTS fi led and served a court The court adjourned the matter until 19 March report advising that the Bigambul Applicant 2008 with a direction that QSNTS provide a report was prepared to accept the anthropological outlining anthropological recommendations by recommendations to authorise a new claim with a 11 March 2008. new claim group description. QSNTS sought an adjournment of the matter until September 2008 to A meeting of persons constituting the Applicant was allow it to hold an authorisation meeting early in the held in Brisbane on 31 March 2008. At this meeting next fi nancial year. Following the fi ling of the court QSNTS recommended that the existing claim be report, the Federal Court set the matter down for a discontinued at an appropriate time and that an directions hearing on 2 September 2008.

38 An authorisation meeting for a new Bigambul claim Negotiations with the Local Government Association refl ecting the boundary agreement with Barunggam of Queensland have fi nalised native title issues is scheduled for 16 August 2008 in Goondiwindi. with local councils in the Gunggari #1 and #2 claim areas with an ILUA being authorised at an Gungarri authorisation meeting on 3 May 2008 in Dunkeld. There are two claims on behalf of the Gunggari People both of which have the same single Applicant. QSNTS facilitated mediation between the Kooma and Gungarri Applicants to resolve the overlap Gunggari #1 is a claim over 12 half acre sub-blocks between the two claims. The MOU embodying of USL at a place called Dunkeld; south of Mitchell. a resolution of the overlap was approved at an The Gunggari #2 claim is a whole of country claim authorisation meeting of the Gunggari claim group which was originally overlapped by Bidjara #3 and on 10 May 2008 and has been executed by the Kooma #3 claims. Gungarri Applicant.

Mediation convened by the NNTT and negotiations QSNTS has appeared for Gunggari Applicant at with the Queensland Government for a land hand Directions Hearing during the reporting period and back proceeded during the reporting period. The has assisted the Applicant to comply with orders of claim group has accepted a formal offer from the Federal Court. the State Government to settle the Gunggari #1 claim and authorised an ILUA that will result in the To comply with Federal Court orders amendments discontinuance of that claim. Finalisation of the form of to the boundary of the claim were fi led on 23 May the ILUA will occur in the forthcoming fi nancial year. 2008 and a further amended application was fi led on

39 19 June 2008 to amend inadvertent technical errors The Applicant’s instructions were sought to amend in the amended application. the claim to remove various Apical Ancestors which overlapped with the Gunggari claim and further According to the prioritisation process of the LSSP, amend the boundary in accordance with the MOU. the Gunggari #2 NTDA was prioritised to Stage Two in the Case Management program. An anthropologist QSNTS attended a Directions Hearing on 21 was selected and terms of reference drafted for February 2008. The Court granted leave for the the Stage Two connection report. This report will Applicant to fi le an amended application by 23 continue into the forthcoming fi nancial year. May 2008. An amended application was fi led by this date however, a further amended application In-house research was completed to provide a for Kooma #3 was fi led on 5 June 2008 following brief for the consultant anthropologist and historian a disagreement between the State and the NNTT engaged on this matter. This in-house research about mapping. The Kooma #3 application will now involved a desktop review of ethnographic material again be subject to the registration test. so that QSNTS could provide a research brick to the researchers and it also contained legal and On 19 February 2008, QSNTS received instructions anthropological background for the NTDA. to act for the Kooma #1 Applicant. On 21 February 2008 QSNTS attended a Directions Hearing on this Kooma #1 and #3 matter. No orders were made in respect to Kooma QSNTS has appeared for Kooma Applicants at #1 but the matter was set down for further direction Directions Hearing during the reporting period and on 5 June 2008. has assisted the Applicant to comply with orders of the Federal Court. According to the prioritisation process of the LSSP, the Kooma #3 NTDA was prioritised to Stage Two in QSNTS conducted research on the identity of the the Case Management program. Terms of reference Kooma #3 Apical ancestors, due to one Apical also drafted for the Stage Two connection report and being listed on the Gunggari claim. Mediation in the an anthropologist commissioned. This research NNTT resulted in a boundary agreement between the and fi nalisation of the report will continue into the Kooma and the Gunggari People. A Memorandum forthcoming fi nancial year. of Understanding (MOU) was drafted, and after clarifi cation of the sites of signifi cance, it was In-house research was completed to provide a forwarded to all parties for execution. It was executed brief for the consultant anthropologist and historian by all of the Kooma #3 Applicants at different times engaged on this matter. This in-house research throughout the month of February 2008. involved a desktop review of ethnographic material so that QSNTS could provide a research brick to NNTT advised that as a result of recent amendments the researchers and it also contained legal and to the NTA that the registration test would be applied anthropological background for the NTDA. to Kooma #3 on 30 November 2007. QSNTS identifi ed that the reason that the claim failed on the Mandandanji last occasion was due to the existence of a common In September 2006, an authorisation meeting took ancestor with the Gunggari claim and some minor place in Roma and a combined claim was authorised technical defi ciencies. A new map was requested made up of persons who were representative of both from the NNTT as the previous boundary description sets of applicants. was defective. The NNTT refused to supply mapping or a boundary description until the MOU Upon reviewing the available research to support with Gunggari has been accepted by both claim the Form 1 Application and in view of the reason groups. QSNTS wrote to the NNTT asking that the for the failure of the previous claims to pass the application of the registration test be delayed until registration test, QSNTS commissioned additional the provision of mapping. This request was rejected, anthropological research in respect of the and as a result the registration test was applied to composition of the Mandandanji society at the time the (knowingly) defective Kooma #3 Application. of European settlement. For the last 12 months, QSNTS was advised in November 2007 that it failed QSNTS has been awaiting the fi nalisation of the registration test. this research.

40 In addition to the above research, terms of reference Application for re-execution. Work is continuing on for a preliminary anthropological report to accompany Mandandanji’s Form 1 Application. the lodgement of the new Form 1 Application were prepared and a researcher has been commissioned. Preparation for an Applicant Workshop in August This research and fi eldwork will continue and be 2008 was undertaken during the reporting period. fi nalised in the forthcoming fi nancial year. Jarowair According to the prioritisation process of the LSSP, In the previous fi nancial year QSNTS received the Mandandanji claim was prioritised to Stage representation from a group of persons claiming Two in the Case Management program. Terms of to be members of the Jawowair People for reference were drafted for the Stage Two connection assistance to lodge a NTDA. QSNTS commissioned report and an anthropologist commissioned. This anthropological research so that it could provide an research and fi nalisation of the report will continue informed recommendation to the group. into the forthcoming fi nancial year. On 3 December 2007 QSNTS convened a In-house research was completed to provide a conference of all the experts who have done work on brief for the consultant anthropologist and historian or near the Darling Downs area. At this conference engaged on this matter. This in-house research the experts failed to reach a consensus as to the involved a desktop review of ethnographic material description of the claim group for area covered so that QSNTS could provide a research brick by the potential Jarowair claim. The failure of the to the researcher and it also contained legal and conference of experts to fi nd a common position anthropological background for the NTDA. has meant that QSNTS needs to undertake further research before providing advice to the Jarowair. In the meantime, as a result of changes to the Native Title Act it has been necessary to redraft the QSNTS decided to provide all the existing research section 62 affi davit that accompanies the Form 1 material to a senior consultant anthropologist to

41 establish whether the available anthropological In accordance with orders of the Federal Court evidence supports a common claim for the region or QSNTS fi led a work plan discussing the process for separate claims for each identifi able family group. resolution of the overlap with Turrbal and also the anticipated commencement and completion dates of QSNTS drafted terms of reference and contracted anthropological research. Lesley Mearns to prepare a further anthropological report. The date for completion of this report is The Jinibara Applicant had been ordered to 29 August 2008. Once this report is received mediate the Turrbal People’s Part B overlap QSNTS will be in a position to advise the Jarowair and QSNTS arranged for the NNTT to mediate People as to recommendations regarding a NTDA. between the Applicants of these two groups. This research and report will continue into the However, negotiations on an MOU between forthcoming fi nancial year. the Jinibara and the Turrbal People stalled on the fundamental point as to whether the Turrbal EASTERN SUB REGION Applicant would accept the fi ndings of an Githabul independent anthropologist on the location An application for a native title claim in Queensland of a boundary in an area of the state forest was made on behalf of the Githabul Applicant by near Samford. Chalk and Fitzgerald on 2 April 2008. In the forthcoming fi nancial year QSNTS will A funding application from Chalk and Fitzgerald as be commissioning research in both the Turrbal the solicitors for the Githabul Applicant was received and Jinibara matters with specifi c reference to to allow negotiations for a consent determination of overlap area native title over part of Mt Lindsay. Quandamooka QSNTS is determined to provide most of the legal The State of Queensland had requested an extensive work in house by QSNTS. genealogical report for inclusion in the connection material to be provided to the State. Continuing QSNTS has developed an operational plan that on from the previous reporting period the draft allocates funding to progress this claim. genealogical report was received by QSNTS in December 2007. Jinibara QSNTS has appeared for Jinibara Applicant at Meetings of the Quandamooka family representative Directions Hearing during the reporting period and steering committee were held to discuss the has assisted the Applicant to comply with orders of report’s fi ndings. the Federal Court.

42 Preparations were made for meetings to be held or before 10 June 2008 the applicant fi le and serve with each of the 11 family descent groups and the on the State a connection report, QSNTS fi nalised Quandamooka elders prior to re-authorisation of the statements from members of the claim group. NTDA held on 1 December 2007. Members of the claim group were given an An authorisation meeting was held at Dunwich on opportunity to view the connection material before its 1 December 2007 authorising an expanded claim provision to the State. area and an additional two Applicants as well as the removal of an Applicant who was no longer The connection material and substantial submissions authorised. for the Applicant was served on the State Government and one other party on 11 June 2008. QSNTS has appeared for Quandamooka Applicant The State has indicated that it will take 6 months to at Directions Hearing during the reporting period and assess the connection material. has assisted the Applicant to comply with orders of the Federal Court. QSNTS facilitated two Elders Meetings on North Stradkbroke Island and four Family Affi davits to explain the delays in preparing the Representative Committee meetings in Brisbane genealogical and anthropological reports were or on North Stradbroke. prepared by QSNTS with a work plan and provided to the Court on 14 December 2007 setting out An ILUA is being negotiated by QSNTS for the a timeline for development of the connection Fisherman Island Port of Brisbane expansion and report material. a report from a native title compensation assessor valuer was commissioned. The genealogical report was fi nalised and provided to QSNTS on 9 January 2008. Jagera QSNTS does not represent the Jagera People. Terms of reference for an archaeologist were QSNTS has had to respond to funding requests by drafted and a consultant engaged to prepare an the Jagera applicant who is privately represented. archaeological report for inclusion in the connection material to be provided to the State. This report was On 23 April 2008, the Federal Court listed Jinibara, provided to QSNTS in March 2008. Turrbal and Jagera for directions. At the Directions Hearing the Jagera solicitor submitted terms of Terms of reference for an anthropologist were reference which would have required QSNTS to drafted and a consultant engaged to prepare a fund a connection report. QSNTS explained to the supplementary anthropological report for inclusion Federal Court that it was unlikely to make an offer in the connection material to be provided to the to fund a connection report at this stage as neither State. This report was provided to QSNTS on Turrbal nor Jagera had accepted previous offers of 13 June 2008. QSNTS to undertake Stage 1 research.

In-house research was completed to provide Spender J ordered both Turrbal and Jagera a brief for the consultant anthropologist and applicants to make application to QSNTS for funding archaeologist engaged on this matter. This of a connection report by 30 April 2008. in-house research involved a desktop review of ethnographic material so that QSNTS could As a consequence separate (but in identical terms) provide a research brick to the researcher and funding applications were received by QSNTS. it also contained legal and anthropological QSNTS responded by stating that it would not background for the NTDA. agree to fund a connection report as it would not be in accordance with the procedure set out in the An amended NTDA was prepared and fi led to LSSP for Stage 2 funding. However, QSNTS made remove the name of Dale Ruska as an Applicant a formal offer to both groups to commission Stage (who is no longer authorised). 1 research as this was consistent with its LSSP. At this current time, neither group has accepted the Following the Directions Hearing of 12 March QSNTS offer. 2008, in which the Federal Court ordered that on 43 Both groups were to advise the Federal Court by 23 reduce their claim boundary pending the conduct June 2008 as to whether they have accepted any offer of additional research. However negotiations have by QSNTS to fund research for a connection report. stalled over the form of the MOU. In the event that no offer of funding has been made or accepted, the matter will be re-listed in 14 days. The Turrbul Applicant has requested funding assistance to engage external solicitors to prepare As far as we are aware, no contact has been made amendments to be drafted to the Form 1 and to with the Federal Court on these matters. engage Counsel to submit to the Federal Court that Part A be referred to Mediation. QSNTS Turrbul refused this request and the Solicitor for the Part A – A decision from the Federal Court granting Turrbal Applicant requested an internal review leave to the Applicant to amend the Turrbal People’s of this decision. As a result QSNTS conducted Application is awaited. The Turrbal People’s legal an internal review of its decision to deny the representatives have indicated that they intend to funding request. apply to have the matter referred to mediation on the basis that they have now resolved the overlaps On 23 April 2008, the Federal Court listed Jinibara, in Part B with neighbouring groups. They have Turrbal and Jagera for directions. This was a result of sought funding from QSNTS to allow Counsel to be QSNTS putting in a work plan which indicated that present to make a submission to that effect. If the the Jinibara Applicant would apply to split the claim application of the Turrbal people to have this matter as a result of being unable to resolve the overlap with sent to mediation is unsuccessful, QSNTS will need Turrbal people. to decide whether it will join with other respondent parties in seeking programming orders with a view to Prior to the Directions Hearing, QSNTS made an move to have the NTDA of the Turrbal People struck offer to the Turrbal Applicant to commission Stage out (for non-compliance). In such circumstances, 1 research aimed at addressing the issues of an QSNTS should proceed with an application to appropriate claim group and boundary description for become a Party to the Turrbal claim in its own right. the Turrbal NTDA.

Part B – In mediation, the Jinibara and Turrbal Previous attempts by QSNTS to carry out such Applicants resolved their overlap by agreeing to research were frustrated by the inability of the

44 consultant anthropologist to make contact with the The Gold Coast NTDA failed the registration test. Turrbal Applicant. A directions hearing in the Federal Court has been Spender J ordered the Turrbal Applicant to set aside for 31 July 2008. make application to QSNTS for funding of an anthropological report by 30 April 2008. QSNTS does not represent the Applicant of the Gold Coast group. As a consequence a funding application was received by QSNTS. QSNTS responded by stating QSNTS has previously offered to conduct Stage 1 that it would not agree to fund a connection report research for the claim however terms of reference as it would not be in accordance with the procedure for the anthropologist could not be fi nalised with the set out in the LSSP for Stage 2 funding. However, Applicant. QSNTS made a formal offer to Turrbal to commission Stage 1 research as this was consistent with its Sunshine Coast Region LSSP. At this current time, Turrbal has not accepted Research continued on from the previous fi nancial the QSNTS offer. year regarding the composition of a claim group and a boundary for the Sunshine Coast Region. Turrbal was to advise the Federal Court by 23 June The Stage 1 anthropological report was received 2008 as to whether they had accepted any offer by which has clarifi ed the identity of the claim group by QSNTS to fund research. In the event that no offer of reference to Kabi Kabi/Gubbi Gubbi ancestors and funding has been made or accepted, the matter will this report was peer reviewed. be re-listed in 14 days. An authorisation meeting for the lodgement of a Mununjali new claim was to be held on 5 April 2008 but was QSNTS has received representations from a group delayed as a result of the fi ling of the Gubbi Gubbi of persons claiming to be members of the Mununjali #3 Application which had common apical ancestors People who asserted rights and interests in or with the proposed Sunshine Coast Regional around the Githabul claim area in Queensland. claim. QSNTS was joined as a respondent party to the Gubbi Gubbi #3 claim which was ultimately QSNTS sent a representative to a meeting of withdrawn after Queensland Water Infrastructure had Mununjali People on 14 October 2007at which sought if the NTDA to be struck out. they decided to consent to a determination for the Githabul People in New South Wales. QSNTS attended Directions Hearings concerning other NTDAs across the region – Kabi Kabi #2, QSNTS has received a request to authorise NTDA’s Kabi Kabi #3, Glasshouse Mountains Gubbi Gubbi on behalf of the Ugarapul and Mununjali Peoples and Gubbi Gubbi #3. QSNTS does not act for and by some Yugembah people who oppose the these NTDAs. Gold Coast Groups claim. As a result, QSNTS is considering instigating a regional research project Community consultation meetings are being for the Ugarapul, Mununjali and Yugambeh for the arranged as a prelude to holding an authorisation purpose of identifying an appropriate claim group meeting in the forthcoming fi nancial year. boundary description Gold Coast Last fi nancial year QSNTS had commissioned The Gold Coast Native Title claim group has lodged research across the Bunya Mountain area as part a claim which includes South Stradbroke Island. of a regional approach to the possible resolution of overlaps in the area and perhaps to provide a QSNTS had received instructions from the foundation for a new Form 1 Application. Quandamooka Applicant to lodge an objection to the boundary of the Gold Coast claim. Mediation A report from the anthropologist engaged to provide occurred concerning this overlap and an agreement the research is outstanding. QSNTS has written was reached between the groups with the result that to the anthropologist demanding the provision the objection was withdrawn. of the report and reserving its right to take legal action against the anthropologist if the report is 45 SUMMARY OF ACTIVITY RESULTS FOR THE CASE MANAGEMENT PROGRAM IN 2007/08

Activity (Stages One to Three) Number Achieved Name of Activity Pre-registration Workshops 2 Mununjali & Yugrapul Prepare Preliminary 2 Sunshine Coast Anthropological Assessment Bigambul Prepare Further anthropological 2 Kooma assessment (as necessary) Bidjara Prepare Baseline anthropological recommendations Undertake legal review and prepare legal recommendations Hold Land Summit 1 Western Region Undertake Post land summit 1 Western Region mediation or negotiation (follow up meetings) Hold claimant group workshops/ 4 Authorisations Quandamooka, Gungarri, Bigambul & Kullillli authorisation meetings 9 Workshops Budjiti, Mardigan, Barunggam, Quandamooka, Bidjara Western Region, Kullilli Amend applications/fi le fresh applications Apply prioritisation criteria to 4 Kooma, Bidjara, Mandandanji, Gunggari applications Prepare Stage Two 2 Mithaka anthropological reports Quandamooka Native Title Negotiations and/or 3 Gungarri State ILUA Non-Native Title Negotiations Gungarri LGA ILUA Barunggam/Tara Shire Council Litigated resolution of NTDAs

46 FUTURE ACTS PROGRAM Details of the 737 notices received and 737 processed during the reporting period are outlined in the table below.

SUMMARY OF SECTION 24 NOTICES FOR 2007/08

Group Names Received Sent Barunggam 11 11 Bidjara #3 4 4 Bigambul 19 19 Boonthamurra 1 1 Budjiti 33 Djaku-nde & Jangerie Jangerie Githabul 1 1 Gold Coast 0 Gubbi Gubbi Gunggari #2 Iman #2 Jagera Peoples #2 241 241 Jinabara People 39 39 Kabi Kabi #2 Kabi Kabi #3 Karingbal Kooma People Kooma #3 Kullilli #2 Kullilli #3 Kunja Maiawali & Karuwali Mandandanji #2 Mandandanji #3 Mardigan 2 2 Mithaka People 8 8 No Claim Group Area 178 178 Quandamooka 82 82 Turrbal 148 148 Wanggumurra Western Wakka Wakka Total 737 737 47 COMPLAINTS ILUA PROGRAM Under the prevailing policy no payments are made for travel allowance when authorisation meetings MODEL ILUAS are held on country. This has resulted in a level Problems were experienced with the implementation of complaint from claimants, however, anyone of the OPAL ILUAs to do with the lack of notifi cation with a grievance was encouraged to contact to Traditional Owner groups. Notices being provided Commonwealth Department of Families, Housing, to the defunct QSRBAC caused this. Disputes Community Services and Indigenous Affairs were notifi ed by QSNTS to the LRT involving (FaHCSIA). approximately 30 tenures. Negotiation with the State of Queensland resulted in the dispute notices A complaints register is held by QSNTS as required being withdrawn and new notices issued for relevant by FAHCSIA. Many complaints were received from tenures. Defi ciencies with the process for the Model individuals concerning claim group membership. ILUAs have been identifi ed and discussions with the There were also complaints regarding location of State of Queensland have occurred with a view to meetings, boundaries and communication problems arriving at a more user friendly procedure. with QSNTS. All complainants are requested to put their concerns in writing and forward to our Director Meetings have occurred with the Solicitors of the and the funding body. We record all complaints LGAQ for the purpose of beginning negotiations for received by telephone and or in writing. There were ILUAs to resolve Native Title issues in so far as they 22 complaints received for the reporting period. affect local government. Negotiations with the Local Government Association over an ILUA to resolve native title issues for the Gunggari #2 claim have been successfully concluded. The ILUA will proceed to an authorisation meeting for the claim group early next fi nancial year.

Draft Area ILUAs have been prepared as a tool to resolve overlapping claims. Discussions with the State of Queensland are yet to be held regarding whether it would need to be a party to these ILUAs.

48 Authority and Direction to QSNTS since Land ANALYSIS OF FINANCIAL Summits have been held in all three (3) sub regions. PERFORMANCE NTDA CASE MANAGEMENT PROGRAM The distribution of expenditure across the three (3) In 2007/08 annual funding was provided and the sub-regions is outlined in the table below. diffi culty to attract and retain staff to provide a high level of professional client service continued. A heavy reliance was required to use external clients until SUMMARY OF EXPENDITURE “in-house” professionals were recruited. This is still a factor to a degree in maintaining a satisfactory level The fi nancial performance against the operational of ongoing operations. plan is summarised in the table below. Expenditure against the activities planned in the Operational The prevailing Federal Court deadlines were another Plan resulted in an under expenditure of $275,781. external factor that impacted on QSNTS in its early This amount is allocated to Anthropologist contracts operations. QSNTS had to “hit the ground running” that have been signed in this fi nancial year. This with the case load subsequently transferred from the sound fi nancial outcome, when considered in light former QSRBAC through the decisions made by the of the signifi cant activity results achieved over the Applicants. Considerable time and effort was required reporting period, provides an indication of the to obtain Applicant directions for the new entity to tight budgeting and cost controls maintained over act on their behalf. Most groups have now provided the period.

DISTRIBUTION OF EXPENDITURE 07/08

Expenditure Western Sub Region $679,204.00 Central Sub Region $553,484.00 Eastern Sub Region $699,931.00 Corporate $1,292,129.00 Total $3,204,746.00

This distribution of expenditure is represented diagrammatically in the below chart. SUMMARY OF EXPENDITURE PIE GRAPH

49 SUMMARY OF EXPENDITURE AGAINST OPERATIONAL PLAN

OUTCOME – PROTECTION AND/OR RECOGNITION OF NATIVE TITLE Output Approved Progress Budget Report Activity Name Intended Activity Projected Activity Expenditure Objective Expenditure Expenditure to Budget during the from 1/7/07 (under / funding to 30/6/08 over) period Quandamooka 1/7/07 $337,000 $332,729 $4,271 Finalisation of Stage 2 1/12/07 research State Negotiation 1/6/08 Family Representative 1/5/08 meeting Elders Meeting 1/3/08 Authorisation meeting 1/12/07 Mithaka 1/7/07 $144,000 $140,473 $3,527 Finalisation of Stage 2 1/12/07 Research State Government 1/6/08 Negotiation Applicant meeting 1/2/08 Mardigan 1/7/07 $175,000 $124,243 Finalisation of Stage 2 1/12/07 research State Negotiation 1/6/08 Applicant meeting 1/2/08 Budjiti 1/7/07 $89,000 $88,860 $140 Finalisation of Stage 2 1/12/07 research State Negotiation 1/6/08 Applicant meeting 1/2/08 Boonthamurra 1/7/07 $119,000 $117,222 $1,778 Finalisation of Stage 1/12/07 research Judicial Review 1/6/08 (dependant on Court timetable) State Negotiation 1/6/08 Applicant meeting 1/2/08

50 Output Approved Progress Budget Report Activity Name Intended Activity Projected Activity Expenditure Objective Expenditure Expenditure to Budget during the from 1/7/07 (under / funding to 30/6/08 over) period Bidjara 1/7/07 $169,000 $96,209 $72,791 Form 1 fi nalisation 1/9/07 Commencement of Stage 1/12/07 2 research Applicant meeting 1/4/08 Kunja 1/7/07 $54,000 $50,104 $3,896 Form 1 Application 1/9/07 Commencement of Stage 1/12/07 2 research Applicant meeting 1/2/08 Mandandanji 1/7/07 $121,400 $45,971 $75,429 Form 1 fi nalisation 1/12/07 Commencement of Stage 1/12/07 2 research Applicant meeting 1/2/08 Kooma 1/7/07 $70,000 $64,502 $5,498 Authorisation meeting 1/12/07 Form 1 completion 1/3/08 Commencement of Stage 1/3/08 2 research Applicant meeting x3, 1/6/08 dates to be determined by the National Native Title Tribunal

51 Output Approved Progress Budget Report Activity Name Intended Activity Projected Activity Expenditure Objective Expenditure Expenditure to Budget during the from 1/7/07 (under / funding to 30/6/08 over) period Barunggam 1/7/07 $52,500 $52,500 Authorisation meeting 1/3/08 Completion of Form 1 1/6/08 Bigambul 1/7/07 $71,500 $68,329 $3,171 Authorisation meeting 1/3/08 Completion of Form 1 1/6/08 Gunggari 1/7/07 $96,000 $96,000 Authorisation meeting 1/12/07 Commencement of Form 1 1/4/08 Applicant meetings (dates 1/6/08 to be determined by the National Native Title Tribunal) Western Land 1/7/07 $100,000$98,775 $1,225 Summit Western Land Summit 1/12/07 Preparation Western Land Summit 1/1/08 Central Land 1/6/07 $80,000 $30,000 $50,000 Summit Central Land Summit 1/6/08 Preparation Regional 1/7/07 $50,000 $50,000 Negotiation Boonthamuura 1/6/08 Budjiti 1/6/08 Mardigan 1/6/08 Mithaka 1/6/08 Gold Coast 1/7/07 $11,000 $11,000 Finalisation of Stage 1 1/6/08 research Applicant meeting 1/6/08 Kullilli 1/7/07 $150,000 $150,000 Authorisation meeting 1/4/08 Form 1 Finalisation 1/6/08 Applicant meeting 1/2/08 Jagara 1/7/07 $30,000 $30,000 Finalisation of Stage 1 1/9/07 Research Authorisation meeting 1/3/08 Commencement of Form 1 1/12/07 Jarowair 1/7/07 $69,000 $69,000 Authorisation meeting 1/3/08 Commencment of Form 1 1/5/08 Applicant meeting 1/4/08

52 Output Approved Progress Budget Report Activity Name Intended Activity Projected Activity Expenditure Objective Expenditure Expenditure to Budget during the from 1/7/07 (under / funding to 30/6/08 over) period Jiniburra 1/7/07 $31,000 $31,000 Authorisation meeting 1/4/08 Commencement of Form 1 1/6/08 Applicant meeting 1/4/08 Githabul 1/7/07 $35,000$35,000 Authorisation meeting 1/12/07 Commencement of Form 1 1/6/08 Turrbul 1/7/07 $34,000 $34,000 Post Land Summit 1/12/07 Follow up Mununjali 1/7/07 $35,000$33,855 $1,145 Stage 1 Research 1/4/08 Sunshine Coast Authorisation meeting 1-Jul-07 1/6/08 $53,000 $50,847 $2,153 Region Commencement of Form 1 1/6/08 Applicant meeting 1/4/08 Bunya 1/7/07 $12,000$12,000 Mountains Authorisation meeting 1/3/08 Commencement of Form 1 1/6/08 Applicant meeting 1/4/08 TOTAL $2,188,400 $1,912,619

53 FUTURE ACTS PROGRAM Details of staff related expenditure is outlined in Refer to Page 47. the table below.

ILUA PROGRAM Expenditure on staff wages and salaries, Refer to Page 48. superannuation and training represented almost of total expenditure. CORPORATE SERVICES As indicated n the table below approximately 40% of expenditure related to the provision of corporate services and support for the performance of the organisation.

DISTRIBUTION OF EXPENDITURE

Expenditure Amount Percentage Attributable to Operational Plan $1,912,619 60% Corporate Services $1,292,129 40% TOTAL $3,204,748 100%

ANALYSIS OF STAFF RELATED EXPENDITURE

Staff Expenditure % Expenditure Wages & Salaries $959,284.00 33% Superannuation $95,948.00 3% Other employment expenses $27,463.00 1% Training $62,424.00 1% Activity Expenditure $1,387,746.00 40% Corporate Expenditure $720,486.00 22%

54 LEGAL SERVICESCORPORATE STRATEGIC GOVERNANCE PLAN Our performance is especially monitored by the ORGANISATION GOVERNANCE progression of NTDAs by the Federal Court. As mentioned earlier, QSNTS are tied to a tight QSNTS maintained its governance arrangement with schedule in amending most of the NTDAs in one active director throughout the reporting period. the region. Arrangements for governance will be examined in 08/09 pending the amalgamation of QSNTS with native title functions from Gurang Land Council. RISK MANAGEMENT

QSNTS adheres to approved Policies and ORGANISATION MANAGEMENT Procedures in the management and use of resources. QSNTS consistently applies the As at the end of the reporting period, Ms Valerie Travel Allowance policy, does not make cash Cooms is no longer the CEO of QSNTS and the payments to claimants at meetings and recovers new CEO and Executive Team are listed below. any overpayments.

• Kevin Smith (CEO) QSNTS is particularly rigorous in the storage and • Colin Hardie (PLO) safe keeping of research materials and intellectual • Paul Davies (CFO) property belonging to claimants.

Whenever possible, the Executive Team A Code of Conduct is applied to staff and claimants. meets weekly. Every effort is made to provide a safe environment for both the workplace and for staff travel and PLANNING AND REPORTING attendance at meetings.

QSNTS reviews its performance against the Legal REMUNERATION OF Services Strategic Plan (LSSP) and the Operational Plan every six months. The Team Building workshop SENIOR STAFF held in December each year is time for all staff to examine their performance and to plan the following The remuneration of all staff is set out in the Certifi ed six month period. The team building was held again Agreement. The salary scales and levels are based in the reporting period. on the NTRB Salary Review undertaken by OIPC (through consultant Lex Dodd).

56 It is essential that the salaries of employees are linked to their performance, given the limited budget EVALUATION AND/OR of QSNTS and the requirement for QSNTS to deliver high quality Native Title services to the Indigenous AUDIT REPORTS Peoples in the region. QSNTS will institute and maintain a performance review system that facilitates External parties undertook an evaluation into the the provision of feedback to employees and affairs or operations of QSNTS in the reporting managers, identifi es staff training and development period on behalf of the funding body, FaCHSIA. needs and assesses staff performance against clear This was conducted to assist FaCHSIA’s work level standards. amalgamation process.

All employees will be provided with regular training An annual audit was undertaken by Di Bartolo on the content and operations of the performance Diamond & Mihailaros and is appended to this review system. The performance review system will annual report. only be altered after consultation with employees through the Employee Liaison Committee. OTHER EXTERNAL REVIEW

EXTERNAL SCRUTINY No other external review was undertaken into the affairs or operations of QSNTS in the reporting The activities and progress of NTDAs was monitored period. However, QSNTS’ now manages its fi nances through regular Federal Court Directions Hearings. which is authorised by Senatore Brennan & Rashid. JUDICIAL DECISIONS AND DECISIONS OF ADMINISTRATIVE TRIBUNALS

Nil

57 MANALEGALGEMENT SERVICES OF HU MANSTRATEGIC RESOURCES PLAN Throughout the reporting period, QSNTS has been A staffi ng restructure has been undertaken to enable able to expand its staffi ng to fi ll most positions in QSNTS to respond to the follow up work from the the organizational structure. This has led to clearer Land Summits. Two teams were set up specifi cally role defi nitions for staff with less reliance on non- for that purpose with a Community Relations professional staff to multi-skill on an ad hoc basis. team handling new NTDAs; general enquiries The increased fi lling of positions has contributed to information, education and public relations as well the organization’s ability to handle NTDAs effi ciently as the organisation of the many meetings. Given and effectively. that the follow up from the Summits will involve re-authorisation for some groups, QSNTS organised many large meetings in remote areas, which require WORKFORCE PLANNING, STAFF a considerable amount of effort, knowledge, skills TURNOVER AND RETENTION and resources. QSNTS have advertised for the provision of legal During the reporting period QSNTS has been able services through a select tender process. With the to establish itself as an organization that has a success of this exercise, the immense workload willingness to offer fl exible employment options to currently suffered by QSNTS, particularly within the staff. This has resulted in the organisation attracting Legal Section, was eased. QSNTS has recruited and retaining a reasonably high proportion of its staff. some professional and administrative staff over the QSNTS is pleased that this approach has resulted in fi nancial year. All staff undertook induction training in fi lling of all legal positions, allowing it to progress its either December or March. LSSP signifi cantly.

Much of our funding remains directed towards TRAINING AND DEVELOPMENT contracting anthropologists to ensure that our material was well researched. QSNTS has continued to recruit and train staff. QSNTS continues to support three Towards the end of reporting period QSNTS gained Indigenous cadets with one cadet successfully the services of a part time human resources offi cer. completing their studies. QSNTS recognises This position will help with recruitment and staffi ng the value of investing in staff development to issues, including reviewing position descriptions and maximise the performance of employees and training and development options. thereby the performance of the organisation. Staff development initiatives will continue to be QSNTS secured permanent accommodation in the developed through the QSNTS staff training Brisbane CBD. Due to costs, parking and expansion and development strategy and aligned with the of the organization, consideration of relocating was outcomes of employee performance reviews and raised during the reporting period. More concrete career development discussions. action on this issue will take place in the subsequent fi nancial year. Details of training courses undertaken by QSNTS staff are summarised in the table below. With enhanced petroleum exploration and extraction throughout our western sub region, QSNTS have established a Future Acts Unit to manage the EMPLOYMENT ARRANGEMENTS workload in the short term. This has required a slight adjustment to our current structure. QSNTS has developed a Certifi ed Agreement which has been registered. QSNTS is keen to uphold the Staffi ng resource shortages is the most pressing provisions outlined in the agreement. QSNTS has issue for QSNTS during this reporting period. continued to sponsor Indigenous cadetships with an Attempts have been made to attract suitably outcome of providing employment to them. experienced and/or qualifi ed Legal Offi cers and other Native Title specifi c staff. Where ever possible, of course, QSNTS has engaged Indigenous staff, but many professional staff are non Indigenous people.

59 OCCUPATIONAL HEALTH AND INDEMNITIES AND INSURANCE

SAFETY PERFORMANCE QSNTS staff are covered by workers compensation insurance and professional indemnity insurance During the reporting period there were no serious as appropriate. accidents or dangerous occurrences notifi able. Workplace, health and safety policy and associated It is a contractual requirement that external processes are detailed in QSNTS’s Policies and consultants commissioned by QSNTS must have Procedures Manual. appropriate levels of Professional Indemnity, Public Liability and Workers Compensation Insurance. Currently, QSNTS have an arrangement under STATISTICS ON STAFFING which the Principal Legal Offi cer (PLO) position is externally sourced and the provider of this service Staffi ng statistics for 07/08 are summarised in the has appropriate Professional Indemnity and Public table below. Liability insurance in place. QSNTS does not meet the costs of these insurances for external consultants.

SUMMARY OF TRAINING UNDERTAKEN

Training Course / Conference Number of Staff Outcome for Staff Attending Annual Minerals Industry 1 Knowledge of the mining industry in relation Conference to native title. Native Title Conference 1 Update of current events and trends. Indigenous Legal Conference 3 Legal Training Archaeology Conference 2 Skills Update Aust. Institute of Company Directors 1Governance training Understanding Litigation Process 1 Legal Training Diploma in Finance 1 Finance Skills Team Building 20 Working together Effective Offi ce Management 1 Offi ce skills MYOB training 3 Finance Skills Indigenous Engagement 1 Update Skills Legal Training 1 Legal Skills Finance & Accounting 2 Finance Skills Justice of the Peace 1 Community Skills Australian Institute of Management 1 Supervision of Staff

SUMMARY OF STAFFING STATISTICS

Female Male Indigenous Non-Indigenous Total 11 8 14 5 19 60 CONSULTANTS AND COMPETITIVE TENDERING AND CONTRACTING QSNTS advertised a Register of Consultants for 2007/08. As per the funding terms and conditions, CONSULTANCY SERVICES QSNTS sought waiver of the funding terms and conditions if it was appropriate. During the reporting period, QSNTS commissioned 59 consultants to provide services including legal Catering in remote areas required some waiver of and anthropological advice, IT review and support. tendering processes. Similarly, we acquired approval The total cost of consultancy services for the from the funding body to selectively tender for the 2007/08 fi nancial year was $ 1,176,250.00. outsourcing of our legal advice. Given QSNTS’ diffi culties in recruiting ‘in-house’ legal offi cers, this service will be extended into the following fi nancial year.

Wherever possible, QSNTS contracts Indigenous consultants. Facilitators for the Land Summits were mostly Indigenous graduates. Indigenous consultants are also used for security at large gatherings and as mediators in overlap mediation and other Native title processes. Indigenous consultants are used at times to accompany Anthropologists in the fi eld. At all times, QSNTS undertakes to strictly observe procurement guidelines. COMPETITIVE TENDERING AND CONTRACTING PRACTICES

QSNTS complied with competitive tendering requirements. QSNTS maintained a Register of Consultants.

For the provision of goods and services outside the consultant’s register, QSNTS acquired three quotes before it utilised a preferred supplier or sought waivers from the funding body if this was not feasible or practical.

62 FINANCIAL STATEMENTS DIRECTORS’ REPORT

QUEENSLAND SOUTH NATIVE TITLE SERVICES, LIMITED ABN 88 114 581 556

Your directors present their report on the company for the fi nancial year ended 30 June 2008.

DIRECTORS The names of the directors in offi ce at any time during or since the end of the fi nancial year are:

Ezio Marco Senatore Chartered Accountant Stephen David Richard Brennan Chartered Accountant Mamun Faiz Rashid Chartered Accountant

Directors have been in offi ce since the start of the fi nancial year to the date of this report unless otherwise stated.

OPERATING RESULTS The profi t for the fi nancial year was $924,500 (2007 profi t $258,239).

REVIEW OF OPERATIONS A review of the operations of the company during the fi nancial year and the results of those operations found that during the year, the company continued to engage in its principal activity, the results of which are disclosed in the attached fi nancial statements.

SIGNIFICANT CHANGES IN STATE OF AFFAIRS No signifi cant changes in the state of affairs of the company occurred during the fi nancial year.

PRINCIPAL ACTIVITY The principal activity of the company during the fi nancial year was to provide native title services to the indigent and needy . The organisation provides services to deliver sustainable native title outcomes to Aboriginal people in South Queensland that will respect, protect and transmit Aboriginal culture and identity for present and future generations. Queensland South Native Title Services Limited also provides legal and other services to assist indigenous Australians or Aboriginal people with native title matters, as outlined in the Native Title Act 1993 (Cth).

AFTER BALANCE DATE EVENTS No matters or circumstances have arisen since the end of the fi nancial year which signifi cantly affected or may signifi cantly affect the operations of the company, the results of those operations, or the state of affairs of the company in future fi nancial years.

LIKELY DEVELOPMENTS The company expects to maintain the present status and level of operations and hence there are no likely developments in the company’s operations.

ENVIRONMENTAL ISSUES The company’s operations are not regulated by any signifi cant environmental regulation under a law of the Commonwealth or of a State or Territory.

DIVIDENDS PAID OR RECOMMENDED Under the Constitution, no dividends are payable to members of the organisation.

MEETINGS OF DIRECTORS There were 12 Directors meetings held during the year attended by directors of the company. 64 INDEMNIFICATION OF OFFICER OR AUDITOR No indemnities have been given or insurance premiums paid, during or since the end of the fi nancial year, for any person who is or has been an offi cer or auditor of the company.

PROCEEDINGS ON BEHALF OF THE COMPANY No person has applied for leave of Court to bring proceedings on behalf of the company or intervene in any proceedings to which the company is a party for the purpose of taking responsibility on behalf of the company for all or any part of those proceedings.

The company was not a party to any such proceedings during the year.

AUDITOR’S INDEPENDENCE DECLARATION A copy of the auditor’s independence declaration as required under section 307C of the Corporations Act 2001 is set out on page 66.

Signed in accordance with a resolution of the Board of Directors:

Director Director

Ezio Marco Senatore Stephen David Richard Brennan

Date: 9/10/2008

65 AUDITOR’S INDEPENDENCE DECLARATION UNDER SECTION 307C OF THE CORPORATIONS ACT 2001 TO THE DIRECTORS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

I declare that, to the best of my knowledge and belief, during the year ended 30 June 2008 there have been:

• no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in relation to the audit; and • no contraventions of any applicable code of professional conduct in relation to the audit.

PKF Di Bartolo Diamond & Mihailaros

Ross Di Bartolo Partner

Dated: 9 October 2008

66 INCOME STATEMENT FOR THE YEAR ENDED 30 JUNE 2008

Notes 2008 2007 $ $ Revenue from ordinary activities 2(b) 4,144,253 3,461,893

EXPENSES Employee benefi ts expense (1,243,852) (1,049,490) Depreciation and amortisation expenses (54,308) (48,433) Other expenses from ordinary activities 2(a) (1,921,593) (2,105,731) Profi t from ordinary activities 924,500 258,239

The accompanying notes form part of these fi nancial statements 67 BALANCE SHEET AS AT 30 JUNE 2008

Notes 2008 2007 $ $ CURRENT ASSETS Cash and cash equivalents 3 1,259,298 273,671 Other 4 14,380 3,835 TOTAL CURRENT ASSETS 1,273,678 277,506

NON-CURRENT ASSETS Property, plant and equipment 5 297,833 292,993 TOTAL NON-CURRENT ASSETS 297,833 292,993

TOTAL ASSETS 1,571,511 570,499

CURRENT LIABILITIES Payables 6 334,513 123,985 Provisions 7 57,489 58,771 Other Liabilities 8 – 129,017 TOTAL CURRENT LIABILITIES 392,002 311,773

NON-CURRENT LIABILITIES Provisions 7 – 3,717 TOTAL NON-CURRENT LIABILITIES – 3,717

TOTAL LIABILITIES 392,002 315,490

NET ASSETS 1,179,509 255,009

EQUITY Retained earnings/(Accumulated losses) 1,179,509 255,009

TOTAL EQUITY 1,179,509 255,009

The accompanying notes form part of these fi nancial statements 68 STATEMENT OF CHANGE IN EQUITY FOR THE YEAR ENDED 30 JUNE 2008

Retained Total Earnings Equity $ $ Balance at 1 July 2006 (3,320) (3,320) Net Surplus/(Loss) for the year 258,239 258,239 Balance at 30 June 2007 255,009 255,009

Balance at 1 July 2007 255,009 255,009 Net Surplus for the year 924,500 924,500 Balance at 30 June 2008 1,179,509 1,179,509

The accompanying notes form part of these fi nancial statements 69 STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 2008

Notes 2008 2007 $ $ CASH FLOW FROM OPERATING ACTIVITIES Operating grant and funding receipts 4,093,611 3,920,377 Receipts from customers 3,174 739 Interest received 47,468 26,259 Payments to suppliers and employees (3,093,574) (3,662,591) Net cash provided by/(used in) operating activities 12(b) 1,050,679 284,784

CASH FLOW FROM INVESTING ACTIVITIES Payment for property, plant and equipment (135,052) (123,271) Proceeds from disposal of plant and equipment 70,000 56,817 Net cash used in investing activities (65,052) (66,454)

Net increase/(decrease) in cash held 985,627 218,330 Cash at beginning of fi nancial year 273,671 55,341 Cash at end of fi nancial year 12(a) 1,259,298 273,671

The accompanying notes form part of these fi nancial statements 70 NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2008 NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES The fi nancial report is a general purpose fi nancial report that has been prepared in accordance with Accounting Standards, Urgent Issues Group Consensus Views and other authoritative pronouncements of the Australian Accounting Standards Board and the Corporations Act 2001.

The fi nancial report is for the entity Queensland South Native Title Services Limited as an individual entity. Queensland South Native Title Services Limited is a company limited by guarantee, incorporated and domiciled in Australia.

The fi nancial report has been prepared on an accruals basis and is based on historical costs. It does not take into account changing money values or, except where stated, current valuations of non-current assets. Cost is based on the fair values of the consideration given in exchange for assets.

Australian Accounting Standards include Australian equivalents to International Financial Reporting Standards (IFRS). Compliance with the Australian equivalents to IFRS (AlFRS) ensures that the fi nancial report, comprising the fi nancial statements and notes complies with IFRS.

The following is a summary of the material accounting policies adopted by the company in the preparation of the fi nancial report. The accounting policies have been consistently applied, unless otherwise stated.

(a) Income Tax No provision for income tax has been raised as the company is exempt from income tax under Division 50 of the Income Tax Assessment Act 1997.

(b) Property, Plant and Equipment Each class of property plant and equipment is carried at cost or fair value or less, where applicable, any accumulated depreciation.

Plant and Equipment Plant and equipment is measured on the cost basis.

The carrying amount of plant and equipment is reviewed annually by the directors to ensure it is not in excess of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash fl ows which will be received from the assets employment and subsequent disposal. The expected net cash fl ows have not been discounted to present values in determining recoverable amounts.

Depreciation The depreciable amount of all fi xed assets including buildings and capitalised leased assets, but excluding freehold land, are depreciated over their estimated useful lives to the company commencing from the time the asset is held ready for use. Properties held for investment purposes are not subject to a depreciation charge. Leasehold improvements are amortised over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.

71 The depreciation rates and useful lives used for each class of depreciable assets are:

Class of fi xed asset Depreciation rates/useful lives Depreciation basis Plant & Equipment 25 – 40% Straight Line Motor Vehicles 12.5% Straight Line Furniture & Fixtures 5 – 10% Straight Line

(c) Employee Benefi ts Provision is made for the Company’s liability for employee benefi ts arising from services rendered by employees to balance date. Employee benefi ts expected to be settled within one year together with benefi ts arising from wages and salaries, annual leave and sick leave which will be settled after one year, have been measured at the amounts expected to be paid when the liability is settled plus related on-costs. Other employee benefi ts payable later than one year have been measured at the present value of the estimated future cash outfl ows to be made for those benefi ts.

Contributions are made by the company to an employee superannuation fund and are charged as expenses when incurred.

(d) Cash For the purposes of the Statement of Cash Flows, cash includes cash on hand and at call deposits with banks or fi nancial institutions, investments in money market instruments maturing within less than two months and net of bank overdrafts.

(e) Revenue Revenue from the rendering of a service is recognised upon the delivery of the service to the customers.

Interest revenue is recognised on a proportional basis taking into account the interest rates applicable to the fi nancial assets.

Other revenue is recognised when the right to receive the revenue has been established.

All revenue is stated net of the amount of goods and services tax (GST).

(f) Goods and Services Tax (GST) Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Tax Offi ce. In these circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of expense. Receivables and payables in the Statement of Financial Position are shown inclusive of GST.

72 2008 2007 $ $ NOTE 2: PROFIT FROM ORDINARY ACTIVITIES Profi t (losses) from ordinary activities has been determined after: (a) Other Expenses Consultancy fees 548,872 596,868 Legal Costs 592,252 563,547 Rent 126,631 114,742 Security Costs 29,012 46,437 Travelling expenses 156,072 273,405 Other expenses 468,754 510,732 Total Expenses 1,921,593 2,105,731

(b) Revenue and Net Gains Grant funding 4,093,611 3,434,962 Interest Income 47,468 26,259 Other Income 3,174 672 Total Income 4,144,253 3,461,893

NOTE 3: CASH & CASH EQUIVALENTS Cash on hand 103 60 Cash at bank 1,259,195 273,611 1,259,298 273,671

NOTE 4: OTHER ASSETS CURRENT Prepayments 14,380 3,835 14,380 3,835

NOTE 5: PROPERTY, PLANT AND EQUIPMENT PLANT AND EQUIPMENT (a) Plant and equipment 126,733 96,648 At cost (67,866) (40,016) Less accumulated depreciation 58,867 56,632

(b) Motor vehicles 180,946 168,853 At cost (16,113) (11,443) Less accumulated depreciation 164,833 157,410

(c) Offi ce equipment At cost 84,403 84,403 Less accumulated depreciation (10,270) (5,452) 74,133 78,951

Total property, plant and equipment 297,833 292,933

73 (a) Movements in Carrying Amounts

Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the current fi nancial year

Plant & Motor Offi ce Total Equipment vehicles equipment $ $ $ $ 2008 Balance at the beginning of the year 56,632 157,410 78,951 292,993 Additions 30,085 104,967 – 135,052

Disposals – (75,904) – (75,904) Depreciation expense (27,850) (21,640) (4,818) (54,308) Carrying amount at end of year 158,867 164,833 74,133 297,833

2008 2007 $ $ NOTE 6: PAYABLES CURRENT Trade creditors and accruals 188,986 63,112 Other creditors 7,157 8,083 Sundry creditors 138,370 52,790 334,513 123,985

NOTE 7: PROVISIONS CURRENT Employee benefi ts 57,489 58,771

NON-CURRENT Employee benefi ts – 3,717

Aggregate employee benefi ts liability 57,489 62,488

NOTE 8: OTHER LIABILITIES CURRENT Income in Advance – 129,017

74 2008 2007 $ $ NOTE 9: RELATED PARTY TRANSACTIONS The names of directors who have held offi ce during the fi nancial year are: Ezio Marco Senatore Mamun Faiz Rashid Stephen David Richard Brennan

Key Management Personnel Key management personnel comprise directors and other key persons having authority and responsibility for planning, directing and controlling the activities of the organisation.

Key Management Personnel Compensation Summary Short Term Employee Benefi ts 456,658 372,785 Long Term Employee Benefi ts – 3,717 456,658 376,502

NOTE 10: ECONOMIC DEPENDENCE Economic dependency exists where the normal trading activities of a company depends upon a signifi cant volume of business. Queensland South Native Title Services Limited is dependant on grants received from the Department of Immigration and Multicultural and Indigenous Affairs to carry out its normal activities.

NOTE 11: SEGMENT REPORTING The Company operates in the Community Services Segment.

NOTE 12: CASH FLOW INFORMATION (a) Reconciliation of cash Cash at the end of the fi nancial year as shown in the statement of Cash Flows is reconciled to the related items in the statement of fi nancial position as follows: Cash on hand 103 60 Cash at bank 1,259,195 273,611 1,259,298 273,671

(b) Reconciliation of cash fl ow from operations with profi t from ordinary activities after income tax Profi t/(Loss) from ordinary activities after income tax 924,500 258,239

Non-cash fl ows in profi t from ordinary activities Depreciation 54,308 48,433 Net (gain)/ loss on disposal of property, plant and equipment 5,904 23,793 Changes in assets and liabilities (Increase)/decrease in other assets – prepayments (10,545) (1,377) Increase/(decrease) in payables 210,528 (178,241) Increase/(decrease) in other liabilities (129,017) 129,017 Increase/(decrease) in provisions (4,999) 4,920 Cash fl ows from operations 1,050,679 284,784

75 NOTE 13: FINANCIAL INSTRUMENTS Exposures to interest rate risk on fi nancial assets and liabilities

Fixed Interest Maturing Non 1 Year 1 to 2 2 to 5 More Floating Total Interest or Less Years Years than Interest Bearing 5 years $ $ $ $ $ $ $ 2008 (i) Financial Assets Cash and Cash Equivalents 103 57,844 – – – 1,201,351 1,259,298 Other Assets 14,380 – – – – – 14,380 Total Financial Assets 14,483 57,844 – – – 1,201,351 277,506 Range of Effective Interest Rates –7%– – – 5% –

(ii) Financial Liabilities Trade & Other Payables 334,513 – – – – – 334,513 Total Financial Liabilities 334,513 – – – – – 334,513

2007 (i) Financial Assets Cash and Cash Equivalents 60––––273,611273,671 Other Assets 3,835 – – – – – 3,835 Total Financial Assets 3,895 – – – – 273,611 277,506 Range of Effective Interest Rates – – – – – 4.15% –

(ii) Financial Liabilities Income in Advance 129,017 – – – – – 129,017 Trade & Other Payables 123,985 – – – – – 123,985 Total Financial Liabilities 253,002 – – – – – 253,002

Credit Risk Exposure The maximum credit risk exposure of fi nancial assets is represented by the carrying amounts of assets recognised in the statement of fi nancial position net of any provisions for losses.

There are no signifi cant concentrations of credit risk with any single counterparty or group of counterparties.

76 2008 2007 $ $ NOTE 14: OPERATING LEASE COMMITMENTS Non-cancellable operating rental lease on premises contracted for but not capitalised in the fi nancial statements.

Payable – minimum lease payments

Not later than 12 months 116,398 109,576 Between 12 months and 5 years – 116,398 $116,398 $255,974

A security guarantee of $57,844 is held by the Bank as a commitment under the lease rental Agreement

NOTE 15: COMPANY DETAILS The registered offi ce of the company is: Queensland South Native Title Services Limited Level 7, 28 University Avenue CANBERRA ACT 2601 Date of Incorporation: 2 June 2006

77 DIRECTORS’ DECLARATION

The directors of the company declare that:

1. The fi nancial statements and notes, as set out on pages 67 to 77 are in accordance with the Corporations Act 2001: (a) comply with Accounting Standards and the Corporations Regulations 2001; and (b) give a true and fair view of the fi nancial position as at 30 June 2008 and of the performance for the fi nancial year ended on that date of the company.

2. In the directors’ opinion there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable.

This declaration is made in accordance with a resolution of the directors.

Director Director

Ezio Marco Senatore Stephen David Richard Brennan

Date: 9/10/2008

78 79 Queensland South Native Title Services Limited.

80 82

81 DETAILED PROFIT AND LOSS FOR THE YEAR ENDED 30 JUNE 2008

2008 2007 $ $ INCOME Interest 47,468 26,259 Grants & Funding 4,093,611 3,434,962 Other income 3,174 672 TOTAL INCOME 4,144,253 3,461,893

LESS EXPENSES Audit fees 10,000 5,500 Advertising 90,002 59,041 Annual leave expense (1,282) 1,203 Bank charges 1,452 1,005 Catering & conference expenses 41,260 42,891 Computer expenses 10,518 16,382 Consultancy fees 548,872 596,868 Depreciation 54,308 48,433 Long service leave provision – 3,717 Insurance 37,522 43,786 Interest paid 169 807 Loss on sale of vehicles 5,904 23,793 Legal costs 592,252 563,547 Motor vehicle expenses 82,829 108,537 Offi ce expenses 39,021 11,498 Postage 5,212 6,522 Printing and stationery 14,341 13,234 Recruitment costs 40,942 70,764 Rent 126,631 114,742 Repairs and maintenance 12,938 7,842 Salaries and on costs 1,150,322 945,954 Security costs 29,012 46,437 Storage fees 6,447 4,853 Subscriptions 3,442 2,345 Sundry expenses 1,110 1,636 Superannuation 94,812 98,616 Telephone 30,007 30,295 Training & professional development 35,638 60,001 Travelling expenses 156,072 273,405 TOTAL EXPENSES 3,219,753 3,203,654

OPERATING SURPLUS/(LOSS) 924,500 258,239

These fi nancial statements should be read in conjunction with the attached Disclaimer 82 ADDITIONAL INFORMATION ATTACHMENTS

Facilitation and assistance Number Claimant Applications 25 -Filed this year 2 -Number current 20 -Number registered with NNTT 18 Non-Claimant Applications 1 Agreements 2 Compensation Claims 0 Responses to Future Acts 737 notifi cations processed Determination of Native Title 0 ILUAs registered 3 Disputes relating to Native Title Applications 1 Disputes relating to ILUAs, rights of access and other matters 1 Number of ILUAs effected 1 Number of reviews pending 0 Number of reviews completed 1

84 SUMMARY OF EXPENDITURE

(2) (3) (4) Allocation of Actual Variation Expenses Expenses (column 3 2007-08 2007-08 minus $’000 $’000 column 2) Operational Plan • Activities $2,188,400 $1,912,619 -$275.781 • Corporate $2,003,350 $1,292,129 -$711,221 Total $4,191,750 $3,204,748 -$987,002

Note: the balance funds of $348,750 remaining at end of this fi nancial year are earmarked for anthropologist contracts that have been signed in this period, but will not be completed until 2008/09 fi nancial year.

85 INDEX A N

Activity 22, 25, 30, 46, 50, 54, 64 National Native Title Tribunal (NNTT) 1, 3, 11, 12, Audit 57, 82 13, 20, 21, 24, 34, 36, 37, 39, 40, 42, 51, 52, 84 Native Title Act (NTA) 1, 6, 8, 10, 15, 16, 22, 40, 41, 64 D Native Title Determination Application (NTDA) 1, 10, 13, 14, 16, 18, 19, 20, 21, 22, 23, 30, 31, Dispute Resolution 8 32, 34, 37, 40, 41, 42, 43, 44, 45, 49 F O

Federal Court 6, 11, 13, 16, 19, 20, 21, 28, 29, 31, Offi ce of Indigenous Policy Coordination (OIPC) 1, 32, 34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 8, 56 45, 49, 56, 57 Future Acts 9, 10, 13, 16, 22, 47, 54, 59, 84 Future Act Notice (FAN) 13, 22, 23 P

Performance 18, 30, 49, 60 G Planning 56, 59 Policies and Procedures 56, 60 Governance 25, 56, 60 M R Reporting 56, 71 Memorandum of Understanding (MOU) 1, 31, 33, Risk Management 56 36, 39, 40, 42, 44 S

Staff 54, 56, 59, 60

86 LETTER OF TRANSMITTAL

The Honourable Jenny Macklin MP

Minister for Families and Community Services and Indigenous Affairs Parliament House CANBERRA ACT 2600

October 15 2008

Dear Minister

In accordance with the Australian Government’s Families, Housing, Community Services and Indigenous Affairs 2007-2008 General Terms and Conditions Relating to Native Title Program Funding Agreements under the Native Title Act (Cth) 1993, Section 203FE, I have pleasure in presenting the Annual Report for Queensland South Native Title Services Limited, together with the audited fi nancial statements, for the year ending 30 June 2008.

Yours faithfully

E Senatore Director Queensland South Native Title Services Limited OUR VISION

TO DELIVER HIGH QUALITY NATIVE TITLE SERVICES TO INDIGENOUS PEOPLE IN THE REGION THROUGH PROFESSIONAL AND TRANSPARENT PROCESSES. ANNUAL REPORT 2006-2007 ANNUAL REPORT 2007-2008 Queensland South Level 3 PO Box 10832 P 07 . 3221 5500 QUEENSLAND SOUTH NATIVE TITLE SERVICES Native Title Services 20 Wharf Street Adelaide Street F 07 . 3221 5522 Brisbane Q 4000 Brisbane Q 4000 W www.qsnts.com.au