Queensland South Native Title Services ANNUAL REPORT 2019 - 2020 QSNTS ANNUAL REPORT Prepared for the National Indigenous Australians Agency

Annual Report 2019 – 2020 i LETTER OF TRANSMITTAL The Hon Ken Wyatt AM MP Minister for Indigenous Australians Parliament House Canberra ACT 2600

25 November 2020

Dear Minister

We are pleased to present the 2019-20 Annual Report for Queensland South Native Title Services Limited (QSNTS).

This report is provided in accordance with the Australian Government’s National Indigenous Australians Agency (NIAA) terms and conditions relating to the native title funding agreement under s203FE(1) of the Native Title Act 1993 (Cth) (NTA). The report includes independently audited financial statements for the financial year ending 30 June 2020.

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

Yours sincerely

Bernie Yates Acting Chairperson On behalf of the QSNTS Board of Directors

ii Annual Report 2019 – 2020 WARNING TO ABORIGINAL AND TORRES STRAIT ISLANDER READERS: This annual report may contain culturally sensitive information and images of people who have passed away since publication. We sincerely regret any distress that may be caused.

Queensland South Native Title Services acknowledges the Traditional Owners of the land on which we live and work, and pay our respect to Elders past and present.

Annual Report 2019 – 2020 iii CONTACT DETAILS Brisbane Office Level 10, 307 Queen Street Brisbane, Queensland, 4000

PO Box 10832, Adelaide Street Brisbane, Queensland, 4001

P (07) 3224 1200 | 1800 663 693 E [email protected] W www.qsnts.com.au

Mount Isa Office 31-33 Commercial Road Mount Isa, Queensland, 4825

PO Box 1948 Mount Isa, Queensland, 4825

P (07) 4743 1322 | 1800 663 693 E [email protected]

QSNTS Annual Report Contact Media and Communications Coordinator | Jasmin Michiels

Annual Report Photography Photography and artwork sourced from stock or generously submitted by QSNTS stakeholders and staff.

Cover Artwork Jasmin Michiels and Suckerpunch Design

Design and Layout Suckerpunch Design (Copyright QSNTS 2020)

iv Annual Report 2019 – 2020 TABLE OF CONTENTS 02 Glossary 06 Chairperson’s Report 08 CEO Report 12 Directors and Executives 18 QSNTS Overview 19 Who We Are 20 What We Do 21 Our Services 23 Requests for Assistance 26 Strategic Plan and Priorities 28 Performance Report 29 Responding to COVID-19 in Native Title 30 Strategic Plan Focus Areas 30 1. Securing Outcomes Through Recognition of Right People for Right Country 44 2. Supporting Traditional Owners to Manage Country 57 3. Becoming the Service Provider of Choice for Prescribed Bodies Corporate 63 4. Advocating Reform to Enhance Native Title for Traditional Owners 70 Corporate Report 71 Organisational Structure 74 Financial Performance Report 79 External Scrutiny 80 Consultants and Competitive Tendering and Contracting 82 Human Resources Report 83 Workforce Planning 84 Workforce Profile, Retention and Turnover 84 Enterprise Agreement 85 Training and Development 86 Workplace Health and Safety 87 PBC Assistance 87 Looking Ahead: Human Resources in 2020-21 88 Financial Report

Annual Report 2019 – 2020 01 GLOSSARY Applicant The person or persons authorised by the native title claim group to represent the group in matters arising under the NTA in relation to the native title determination application.

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

Claim An application for a determination of native title, a revised determination of native title or a compensation application under s 61 of the NTA. Also referred to as a native title determination application or a native title application.

Claimant A claimant application is made by a group of people, a native title claim group, who declare they hold rights and interests in an area of land and/or water according to their traditional laws and customs.

Commonwealth of Australia The Commonwealth of Australia as a respondent party in a native title determination application, being the Commonwealth Government. Also referred to as ‘the Commonwealth’.

Cultural Heritage The Aboriginal Cultural Heritage Act 2003 (Qld) extends legal protection to any area or object that is significant or is evidence of historical or archaeological significance, to Aboriginal People throughout the state of Queensland. These areas and objects are known as ‘cultural heritage’. 02 Annual Report 2019 – 2020 Future Act A future act is a proposed activity that may affect native title, such as mining or exploration activities, compulsory acquisition, tourism and other developments. Under the NTA and the Aboriginal Cultural Heritage Act 2011 (Qld), a Traditional Owner or Traditional Owner group with a registered native title claim retains certain procedural rights, including the right for Applicants to be notified and consulted with in respect of future acts that may affect their native title rights and interests.

Indigenous Land Use Agreement An Indigenous Land Use Agreement (ILUA) is a negotiated agreement between native title groups and other parties (for example, government, pastoralists and utility providers) about the use and management of land and waters in a certain area.

Non-claimant A non-claimant application is made by a person who holds a non-native title interest in an area of land and/or water. This could be the Commonwealth or a State Government, or a person or organisation that holds a lease or licence.

National Indigenous Australians Agency The National Indigenous Australians Agency is the Commonwealth government department responsible for implementing federal policies and programs to support Aboriginal and Torres Strait Islander peoples. The NIAA is the funding body for QSNTS.

National Native Title Council Established in 2005, the National Native Title Council (NNTC) operates at a national level as a unified coalition of Prescribed Bodies Corporate (PBCs), Native Title Representative Bodies (NTRBs) and Native Title Service Providers (NTSPs) from across Australia, serving to identify, explore and resolve challenges and obstacles faced by Traditional Owners in their pursuit of native title outcomes.

Annual Report 2019 – 2020 03 Native Title The communal, group or individual rights and interests of Aboriginal Peoples and Torres Strait Islanders in relation to land and waters, where the rights and interests are possessed under the traditional law acknowledged and the traditional customs observed by the group or individual. The NTA refers to the recognition of these rights and interests by the Federal Court of Australia.

Prescribed Body Corporate A Prescribed Body Corporate for the purposes of native title is a corporation required to be nominated by the claim group to hold and manage their native title rights and interests upon receiving a positive native title determination.

Queensland Representative Body Alliance The Queensland Representative Body Alliance (QRBA) is a strategic alliance of each of the NTRBs and NTSPs in Queensland. The QRBA was formed in 2013 and provides a forum for information sharing, issue identification, strategy development and advocacy at a state level.

Registered Native Title Body Corporate Following a positive determination, PBCs are entered onto the National Native Title Register. At this point, the corporation becomes a registered native title body corporate (RNTBC). While the terms PBC and RNTBC are often used interchangeably, the NTA deals with them separately. While RNTBC is technically the accurate name for these organisations, PBC is the most commonly used term.

State of Queensland The Queensland State Government and principal respondent party to a native title determination application. Also referred to as ‘the State’.

04 Annual Report 2019 – 2020 AIATSIS NTA Australian Institute of Aboriginal and Native Title Act 1993 (Cth) Torres Strait Islander Studies NTRB CEO Native Title Representative Body Chief Executive Officer NTSP CFO Native Title Service Provider Chief Financial Officer ORIC CHMP Office of the Registrar of Indigenous Cultural Heritage Management Plan Corporations

COO PBC Chief Operating Officer Prescribed Body Corporate

DPLO PLO Deputy Principal Legal Officer Principal Legal Officer

DPMC QRBA Department of the Prime Minister Queensland Representative and Cabinet Body Alliance

ILUA QSNTS Indigenous Land Use Agreement Queensland South Native Title Services MOU Memorandum of Understanding RNTBC Registered Native Title Body NIAA Corporate National Indigenous Australians Agency WTA Walking Together Agreement NNTT National Native Title Tribunal SDS Service Delivery Schedule NNTC National Native Title Council

Annual Report 2019 – 2020 05 CHAIRPERSON’S REPORT On behalf of the QSNTS Board, I am pleased to provide this report for 2019-20 as Acting Chairperson.

Just prior to the end of the year, our Chairperson, Colleen Wall, resigned after a decade with the Board, with much of that time as Chair. We express our deep appreciation for Col’s contribution, including her leadership, wise counsel and cultural expertise. Col developed strong relationships with clients and staff and led the organisation through a series of major changes to ensure it remained well-placed to support the aspirations of Traditional Owners in our region. We wish her well with her new endeavours, continuing her strong commitment to Aboriginal and Torres Strait Islander peoples.

During the year, the Board was pleased to welcome as new Directors, Wayne Denning, a proud Birri Gubba man, from July 2019; and Craig North, a proud descendant of the Bidjara people, from March 2020. They have brought extensive capabilities and experience, including in the areas of native title, communications and advancing economic development opportunities with Traditional Owners.

06 Annual Report 2019 – 2020 Bernie Yates, QSNTS Board of Directors The year saw significant progress made on 21 native title claims, including three that were positively determined; nine on the path to achieve consent determinations; and others progressed through our regional research program. Congratulations to the Gunggari, Quandamooka and Butchulla peoples for their native title outcomes this year.

QSNTS has also extended its work with PBCs in the region, supporting them in the management of their native title rights and interests. While QSNTS is constrained to apply its government-funded resources to meet its statutory responsibilities, it has found ways to help Traditional Owners and their PBCs to advance their aspirations beyond those limits through the use of cost recovery.

An important priority in 2019-20 was developing strategic responses to the High Court decision in the Timber Creek case, which opened the way to Traditional Owners to seek and pursue compensation claims. QSNTS has focused a lot of its advocacy efforts on this issue and has worked closely with the NNTC to help develop and progress a sector- wide strategy to guide how claims can best be progressed to maximise the prospects of successful outcomes.

Early in 2020, the onset of the COVID-19 pandemic impacted QSNTS as it did so many other organisations across Queensland and Australia generally. I commend the management team and all staff for the outstanding job done in responding and working with the restrictions introduced by government and the heath authorities to help contain the virus.

Keeping our clients and staff safe was the first priority, while adjusting to new ways of working to meet our commitments to Traditional Owners and the Federal Court. This has been challenging, especially with not being able to hold in-person meetings impacting field research and how QSNTS has had to conduct authorisation meetings and other engagements with Traditional Owners. The move to electronic meetings has had to be carefully planned and implemented so as to maximise participation and manage risks appropriately.

QSNTS has demonstrated that it continues to deliver its services effectively, despite the challenges that come our way. The Board thanks the CEO, Kevin Smith, and his senior leadership team for the cooperation and support they have provided to the Board during 2019-20. Thank you to our staff for the dedication shown and readiness to find innovative ways to enable the organisation to continue its journey walking with Traditional Owners.

Bernie Yates Acting Chair

Annual Report 2019 – 2020 07 CEO REPORT Annual reports are a reflection upon an organisation’s annual performance in terms of planning, implementation, management and adaption within the context of a fluid multi- jurisdictional/multi-sectoral external environment. All of these intricate and moving parts make each organisation’s annual performance unique. Not in 2020.

There would be few organisations on the planet that were not in some way affected by a common nemesis: COVID-19. It has been (and is) the biggest threat to humanity since the last worldwide pandemic a hundred years ago. A virus that is indiscriminate in its selection of a host, be they rich or poor, and was capricious in the symptoms it inflicted. Tragically, a virus with a perverse predilection for the vulnerable - our venerated elderly.

However, through the lockdowns and restrictions, everyone has gained a renewed appreciation of the importance of relationships, be they with friends, family, work colleagues, neighbours or local community. We also gained a better understanding of the importance of place, be it the security of a home, reliable access to the necessary range of services and products, or the amenity of a particular locality. The COVID-enforced economic recession has heightened levels of uncertainty and stress, forcing people to dig deep into their reserves of resilience, yet necessity forced invention, and technology enabled people to stay connected and maintain some semblance of business continuity.

Kevin Smith, CEO 08 Annual Report 2019 – 2020 If COVID has forced a change in perspective, then these new perspectives may give some important insights into an Indigenous world view that are worthy of embracing and nurturing for the common good. Elders are knowledge holders and our links to the past, and must be protected. The rights of the individual must sometimes succumb to the rights of the community, but in that forbearance for the common good, an individual learns how to be human – and this crisis has given insights into our humanity. Being part of a community involves co-existence and respect for place; Country. Resilience is built, fortified and renewed when there is a strong connection between people and place, and a resolute will to forge a common future - a sense that we are in this together.

On the other hand, the challenge for Traditional Owners in the ‘COVID Normal’ is how to do community business (including native title) in a different way that protects Elders and vulnerable community members along with the broader Mob, but allows participation in important decisions. In other words, doing the same business but in a different way. These dual challenges can be enabled by technology, provided people are open to new ways of doing things.

These might sound like broad statements, but the points raised above are directly relevant to the evolution of QSNTS’ service delivery model. For instance, QSNTS is working with the Boonthamurra People on a prototype that applies a ‘People, Place and Partnership’ approach to managing the Indigenous estate; an approach that focuses on mapping human and social capital that is drawn from First Nations’ two most important assets: People and Country. This approach has a rights-based focus that draws upon the recognised native title, future act and cultural heritage rights, and translates them into a practical model that will strengthen governance, improve operational proficiency and enhance economic

Annual Report 2019 – 2020 09 opportunities via strategic stakeholder management. A mix of technology and tradition will be used to drive these changes. QSNTS looks forward to continuing the constructive work with the Boonthamurra People to finalise the project so the lessons can be shared and applied among other First Nations with the exciting prospect of scaling up the projects to cover whole regions.

Consolidation of the Indigenous estate is important to the People, Place and Partnership model, which means finalising outstanding claims attached to existing determinations. In this regard, it is great to see the Gunggari, Quandamooka and Butchulla peoples resolving additional claims during the reporting period. Significant work was also completed for many other native title claimants during 2019-20 that will pave the way for consent determinations in the 2021 and 2022 years. The aim is to roll out the ‘People, Place and Partnership’ model during the final claim phase to ensure a seamless transition from recognition to management of the Indigenous estate.

In the coming years, the role of PBCs will become more prominent beyond native title because such structures have an important role in broader aspirations involving Treaty, Voice and Closing the Gap coordination. QSNTS is working with the NNTC on public advocacy to ensure PBCs are front and centre in such initiatives.

QSNTS is also working with the NNTC and other NTRB/NTSPs to ensure a strategic approach is adopted toward the resolution of native title compensation. This strategy aims to broaden and increase the resources available to the Indigenous estate.

Despite the success in 2020, the challenges have been immense. A quote often repeated by world leaders in hard times is that “you never want a serious crisis to go to waste”. Native title claimants, holders, PBCs and representative bodies need to heed those words and make sure there is no ‘return to business as usual’, because in a deep recession, it might mean an actual regression as the jostling for priorities peg back hard-fought advances. We cannot let that happen. We cannot afford to waste this crisis but success will depend on our ability to embrace the challenge of doing business differently. The world has witnessed good and bad leadership during this crisis, with the hallmark of good leadership being the good of the people. First Nations have an opportunity to show leadership in the benefits of a communitarian approach particularly amidst, and arising from, a crisis - we are truly the experts when it comes to harnessing the power of community. It is our time, so let’s not waste the crisis.

10 Annual Report 2019 – 2020 Talking about remarkable leadership, QSNTS has been favoured with the strong leadership of Aunty Colleen Wall as Chair of the QSNTS Board for many years. Aunty Col decided to retire from the Board in early 2020 to focus on her deep passion for the arts and the importance of its preservation, protection and practise as a manifestation of culture itself. Thank you for the selfless commitment, impenetrable integrity, sage wisdom and wry humour – you will be missed.

Thank you also to Acting Chair Bernie Yates and the very committed Directors for your leadership over this “interesting” year. Thank you to the Executive team for the hard work during the year, but in particular, for your remarkable agility in leading adjustment with the advent of the pandemic. As always, thank you to the amazing QSNTS staff whose commitment to our clients and our work came to the fore when they all commenced working from home in the interest of protecting our clients and one another.

Finally, to the clients and constituents, thank you for your patience during the COVID adjustment. It was another challenging year, but there were many good outcomes, and QSNTS looks forward to continuing the walk with you on your native title journey.

Kevin Smith CEO Queensland South Native Title Services

Annual Report 2019 – 2020 11 DIRECTORS AND EXECUTIVES Directors Colleen Wall (Chairperson) Appointed 9 November 2010 to 28 May 2020

Daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beezley (nee Minniecon), Colleen is a Senior Dauwa Kabi Woman from the Wide Bay and Munna Creek tributaries of the Mary River. Colleen works from an Aboriginal Land Law framework and through Grandmother’s Law and strives to achieve a cultural balance for healing. Her aim is to have grandmothers recognised by governments and the legal system as key drivers in the traditional practice of child rearing. Colleen is developing a Cultural Care program for children in long term care informing them and their carers on the basics around Aboriginal Grandmother’s Law and the growing up of resilient, respectful and responsible children. She teaches respect for Mother Earth and Murung (Totems) as significant beings in maintaining balance in spiritual, physical and mental health and through children’s Lore Stories shows their importance in the healthy cultural growth of our young ones. Colleen is a former Member of Family Law Council Australia and her paper on Grandmother’s Aboriginal Child Rearing Practice is on their website. She is currently cultural advisor to Queensland Performing Arts Center and Brisbane Power House (Australian Performing Arts Market). Colleen has recently worked for Save the Children, Anglicare and Relationships Australia Queensland and is now working with the global research group IPSOS on the Women’s Safety Package.

Bernie Yates (Acting Chairperson) Appointed 14 March 2011

Until 2010, Bernie had a long career in the Australian Public Service (APS) working in policy and service delivery areas for various agencies, including Treasury and Employment and Industrial Relations. He moved into Indigenous affairs in the early 2000s, with ATSIC and the then Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Bernie was involved in developing the Council of Australian Governments’ Closing the Gap Strategy and represented the Australian Government at the United Nations Permanent Forum on Indigenous Affairs. Since leaving the APS, he has been a part-time consultant and volunteer, primarily working in the Indigenous affairs area. He is also an independent director of Miwatj Health Aboriginal Corporation, an Aboriginal Medical Service in the Top End.

12 Annual Report 2019 – 2020 Directors Pele Bennet (Director) Appointed 10 August 2015

Pele is a descendant of St Paul’s Village on Moa Island in the Torres Straits. A mother of four, Pele was born and raised in Brisbane and is a proud member of the region’s Indigenous community. Currently employed as a Manager in the Department of Youth Justice with an extensive career in the health sector, Pele commenced her career as a trainee health worker and has worked in government and non- government sectors for over 20 years. Previously employed at Queensland Aboriginal and Islander Health Council as Manager of Health Programs, and former Director of the Aboriginal and Torres Strait Islander Community Health Service, Pele holds several qualifications, including a Bachelor of Health Science and certificates in leadership, training/education and coaching/mentoring. Pele has a demonstrated history of working in the non-profit organisation management industry and is skilled in Coaching, Epidemiology, Prevention, Facilitation, and Health Promotion.

Margaret Stephenson (Director) Appointed 16 March 2018

Margaret Stephenson held the position of Associate Professor at Law at the TC Beirne School of Law, University of Queensland (UQ) being a member of Faculty 1983-2017. Currently, Margaret is Visiting Associate- Professor, Sustainable Minerals Institute, Centre for Social Responsibility in Mining, UQ. Prior to commencing an academic career Margaret practised as a solicitor in Property Law in Brisbane. During her academic career, Margaret championed the development of courses in Property Law, Native Title Law and International and Comparative Indigenous Rights. In 2010, she received a national Citation for Outstanding Contributions to Student Learning in the Australian Awards for University Teaching, and in 2009 she was awarded the Vice-Chancellor’s Internationalisation Award for leadership in internationalising the curriculum. Margaret has published extensively in Property Law, Native Title Law and Comparative Indigenous Rights and speaks frequently at international and national conferences on these topics. Her first book, Mabo: A Judicial Revolution remains a seminal work on the Mabo decision. She has also compiled and edited Mabo: The Native Title Legislation and Australia: Republic or Monarchy, and is co-author of Land Law. In addition to serving on numerous University Committees, Margaret was the UQ co-ordinator of the Aurora Project (Native Title Representative Bodies Australian Student Internships).

Annual Report 2019 – 2020 13 Directors

Julie Finlayson (Director) Appointed 13 March 2018

Dr Julie Finlayson is a social anthropologist by training with a varied career history in anthropology. She is currently Research Fellow managing the Centre for Native Title Anthropology (CNTA) at the Australian National University (ANU). She is a member of the National Centre for Indigenous Studies’ Panel of Research Experts at the ANU. Her original doctoral research concerned welfare-dependent Aboriginal households near Kuranda in north Queensland, which has informed much of her research and interest in rural and remote Indigenous communities. She was a lecturer at La Trobe University, and then a researcher at the Centre for Aboriginal Economic Policy Research at the ANU. She was also an independent consultant, including in native title, before working in various Federal bureaucracies on matters relating to Indigenous affairs. More recently, before taking up her position at CNTA, Julie worked for an Aboriginal-owned organisation in central-western NSW on an innovative housing project in Bourke, and managed an Aboriginal-controlled radio station in Wilcannia for a year, bringing to it a focus on community development and inclusiveness.

Glenn Ferguson Appointed 12 June 2019

A Solicitor of the High Court of Australia and the Supreme Court of Queensland, Glenn is the Managing Director for FC Lawyers and an Adjunct Professor of Law at the University of the Sunshine Coast. Glenn has served as President of LAWASIA, the Law Council of Australia and the Queensland Law Society, and is an advisor in governance, risk and compliance with a particular interest in cyber security and risk. He is a Founding Fellow of the Australian Academy of Law, a Fellow of the Australian Institute of Company Directors, Fellow of the College of Law and a Fellow of the Australia and New Zealand College of Notaries. Glenn has also held a number of board positions in both the public and private sector in aviation, charity, education, information technology, insurance, security, superannuation and workers compensation. He has been appointed by both Federal and State Governments to various advisory boards and task forces in the business, legal and migration sectors. In 2004, the Queensland Premier selected Glenn to Chair Smart Exports Queensland, and in 2010, he was appointed by the Prime Minister to the Expert Panel considering the recognition of Aboriginal and Torres Strait Islanders in the Constitution. Glenn has for over ten years chaired the Law Council of Australia’s indigenous legal issues committee, and in the 2015 Australia Day Honours, Glenn was made a

14 Annual Report 2019 – 2020 Directors

Member of the Order of Australia ‘for significant service to the law and to the legal profession, both nationally and in the Asia-Pacific region, and to the community’.

Wayne Denning (Director) Appointed 18 July 2019

Wayne holds a Bachelor of Arts (Sociology, Psychology, Political Geography) from Central Queensland University and a Master of Business Administration (Corporate Governance, Strategy, Entrepreneurship) from the Queensland University of Technology. In 2006, Wayne, a proud Birri Gubba man, left a successful career working on landmark government policies in native title and land rights with the Federal Government to form creative agency Carbon Creative. Through Carbon Creative, Wayne aimed to give Indigenous Australians a positive voice, and has done so for over a decade, providing creative communication services in both children’s television and in the corporate arena. From his position as Managing Director, Wayne made a commitment to ensure Aboriginal and Torres Strait Islander children and young people, like their forbearers, are inspired and motivated to be part of and explore continued learning and innovation. Wayne embraces his role as the Deputy Chair of the National Film and Sound Archive of Australia, and as a board member of the Australian Indigenous Mentoring Experience. He has also recently been a member of the Queensland Theatre Board, a Digital Ambassador for the Queensland Government, and a member of the Queensland Government’s Aboriginal and Torres Strait Islander Business and Innovation Reference Group.

Craig North (Director) Appointed 11 March 2020

A proud descendent of the Bidjara People, Craig has enjoyed an extensive senior executive career in both government and commercial sectors for the past 15 years, primarily in Indigenous Economic Development. Craig was the first Indigenous CEO of the Indigenous Land and Sea Corporation’s (ILSC) commercial agribusiness. In this role, Craig led a significant restructure of the ILSC’s commercial agribusiness portfolio and the execution of a new agribusiness diversification strategy. Whilst at the ILSC, Craig also held other senior executive positions, including Executive Director of Program Delivery where he was responsible for a national portfolio of investments to purchase and return Country to Indigenous groups across Australia. Responsibilities

Annual Report 2019 – 2020 15 Directors

also included oversight for new investments and projects focussed on improving, developing and caring for Country to provide sustainable cultural, environmental, social and economic benefits for Indigenous Australians. A key highlight in Craig’s career is the full development of the Indigenous award-winning tourism business, the Mossman Gorge Centre, in North Queensland. Craig is also the founder of Indigenous Impact Pty Ltd, a company established in 2020 to continue the work of creating and executing impact investment opportunities for Indigenous Australians, and he also holds a Bachelor of Environmental Science (Environmental Management) at Deakin University. Craig is also undertaking a Graduate Certificate in Business at the University of New England, and is also member of Australian Institute of Company Directors.

Executives

Kevin Smith Chief Executive Officer

Kevin holds traditional connections to Ugar (Stephen Island) and Erub (Darnley Island) in the Torres Strait and has nearly 30 years of professional experience in Indigenous affairs. He has held senior positions with the National Secretariat of Torres Strait Islander Organisations, the Brisbane Aboriginal and Torres Strait Islander Legal Service, the National Native Title Tribunal, Aboriginal Hostels Limited and the NNTC. Kevin has filled the role of CEO of QSNTS since 2008. He holds qualifications in both law and business management from UQ, and was admitted as a solicitor in 1994.

Tim Wishart Principal Legal Officer

Tim joined QSNTS in August 2010 as a senior legal officer and has filled the role of PLO of QSNTS since 1 September 2011. He was admitted to practice in 1991. While his pre-QSNTS work was primarily in litigation and commercial law, Tim has been recognised as a leading native title practitioner by Doyle’s Guide, and is a nationally accredited mediator. Tim regularly presents papers on native title topics at specialist forums.

16 Annual Report 2019 – 2020 Executives

Paul Davies Chief Financial Officer

Paul was admitted as a Certified Practicing Accountant in 2003 after completing his studies at Queensland University of Technology. Paul has acquired a range of experience in the public and not-for-profit sectors, both in Australia and overseas. With over 14 years’ experience in native title, working for both representative bodies and service providers in Queensland, Paul has the skills required to assist PBCs to develop their corporate structures.

Felicity Thiessen Chief Operating Officer

Felicity commenced working with QSNTS as a legal officer in June 2017 and was appointed as COO on 1 July 2019. Felicity holds qualifications in law from the University of Southern Queensland, and anthropology from the University of Queensland. Prior to commencing with QSNTS, Felicity worked for the Federal Court of Australia and held positions with a number of agencies, including the Aboriginal and Torres Strait Islander Services, the Department of Families, Housing, Community Services and Indigenous Affairs, and the National Native Title Tribunal.

Annual Report 2019 – 2020 17 QSNTS OVERVIEW

QSNTS Overview

18 Annual Report 2019 – 2020 QSNTS OVERVIEW

WHO WE ARE Queensland South Native Title Services Ltd

QSNTS is among the largest NTSPs in Australia. Recognised under section 203FE of the NTA, our region of responsibility covers nearly two-thirds of Queensland, spanning Mount Isa in the west, to Rockhampton in the east, and down to the state’s southern border.

Established in 2005 to operate in a region without any native title determinations since the NTA came into operation, QSNTS has since assisted 20 Traditional Owner groups to attain positive determinations, with a further 17 claims under way.

Collectively, the outcomes achieved for Traditional Owners have underpinned a substantial transformation of Queensland’s native title sector, with many areas now determined, or nearing determination. A growing number of Traditional Owners are now moving beyond the claim process and into the era of governance that must follow every positive determination, and as an NTSP committed to sustainable self-determination for Traditional Owners, QSNTS is evolving to ensure Native Title Holders receive the professional support they need to establish, understand and leverage native title rights and interests for the long-term benefit of their communities.

QSNTS is governed by a Constitution that confirms the company’s objective to provide native title services to the Traditional Owners of the land and waters in its statutory region. QSNTS is funded by the Commonwealth Government represented by the NIAA, and is therefore accountable to the NIAA for its conduct and expenditure.

Annual Report 2019 – 2020 19 QSNTS OVERVIEW

WHAT WE DO Our Role and Functions

As an NTSP, QSNTS performs the full range of statutory services prescribed by the NTA at the request, and for the benefit, of Traditional Owners with native title determinations, claims or potential claims within the organisation’s region of responsibility. The statutory services provided by QSNTS in accordance with the NTA are as follows: Section 203BB - Facilitation and Assistance QSNTS conducts the research and preparation of native title applications, and both represents and facilitates native title-related proceedings. These include consultations, mediation, negotiations and proceedings relating to native title applications, future acts, ILUAs and any other matter related to native title. Section 203BE - Certification Previously, QSNTS certified native title applications and applications for the registration of ILUAs, however this function is currently being considered in a matter before the High Court of Australia. Until a decision is handed down, QSNTS is not undertaking certification functions and is instead relying on an alternate procedure set out under s 24CG(3)(b) of the NTA. Section 203BF - Dispute Resolution QSNTS provides assistance in promoting agreement between clients regarding native title applications by conducting consultations, negotiations, mediation and other native title related proceedings. QSNTS provides mediation services between client groups regarding native title claim issues such as claim boundary overlaps and shared Apical Ancestors. Section 203BG - Notification QSNTS ensures that notification of proposed activities which relate to the land and waters wholly or partly within the region are brought to the attention of Native Title Holders and claimants, and relevant information is given to these persons. Section 203BH - Agreement Making QSNTS will participate as a party to ILUAs where appropriate, consulting with and having regard to the interests of native title claimants. Section 203BI - Internal Review At the request of clients, QSNTS undertakes internal reviews of decisions and actions carried out in the execution of statutory services, in accordance with policies and procedures which govern the internal review process. Section 203BJ - Other Functions QSNTS conducts other functions related to native title that aim to improve the native title system and to deliver better results for Traditional Owners. Examples of these functions include advocacy for reform, capacity development, regional research projects, and negotiating agreements with other organisations such as MOUs. In particular, QSNTS undertakes regional research projects pursuant to s 203BJ(b). 20 Annual Report 2019 – 2020 QSNTS OVERVIEW

OUR SERVICES In addition to providing the above-mentioned statutory services, QSNTS aims to be the native title service provider of choice for Traditional Owners on the path to self-determination, offering a comprehensive range of services under five key categories as follows: Native Title Claims QSNTS provides legal representation and facilitation assistance to native title claimants by providing consultation, mediation, negotiation, agreement-making and court appearances relating to their native title claims.

QSNTS also assists and facilitates research for, and preparation of, native title claims. This includes seeking evidence to determine ‘right people for right Country’, resolving disputes that may arise in identifying the claim group, and certifying claim lodgement with the Federal Court of Australia.

QSNTS has also recently commenced research and planning around potential native title compensation claims within our region of responsibility, guided by a compensation strategy developed in conjunction with the broader native title sector.

Future Acts Most future acts are notified under s 24 of the NTA. As the NTSP for the southern region of Queensland, QSNTS receives future act notices and forwards them to the relevant native title claim Applicants. QSNTS provides registered Applicants with assistance to understand the complex process, allowing them to comment on or object to the proposed activities.

Activities such as mining, petroleum, exploration and compulsory acquisition of land for non-government parties are notified under s 29 of the NTA. Where a right to negotiate applies, QSNTS provides a service representing the registered native title claim group in negotiation and arbitration of future acts as necessary.

In addition to legal representation, advice and negotiation services in respect of future acts, QSNTS assists Traditional Owners with understanding the location and impact of a proposed future act, organising meetings with future act proponents, and resolving issues with internal or external stakeholders.

Cultural Heritage Cultural heritage matters are managed by the registered cultural heritage body for the relevant area, often the Native Title Holder or registered native title claim group.

QSNTS supports Traditional Owners with managing cultural heritage by providing legal, negotiation and compliance services, as well as administrative support in organising meetings with relevant proponents.

Annual Report 2019 – 2020 21 QSNTS OVERVIEW

PBC Support As part of its commitment to assisting Traditional Owners with attaining self-determination through native title, QSNTS provides a range of support services for PBCs to help build capacity and maximise the opportunities provided through native title. These services include governance training, strategic planning, research products and assistance with grant applications, compliance, and agreement implementation, as well as corporate and administrative support in finance, human resources and communications. QSNTS also provides facilitation assistance and representation in negotiating, resolving and implementing native title agreements, including ILUAs, and planning has commenced toward compensation applications on behalf of several PBCs.

More information about QSNTS’ work with PBCs can be viewed in the Performance Report section of this Annual Report.

Advocacy QSNTS is committed to the development of a fair and balanced native title system, making advocacy for reform and improvement of native title processes and outcomes a necessary function of the organisation. To this end, QSNTS takes every opportunity to engage with reviews of administrative frameworks and of both state and federal legislation.

Further, QSNTS participates extensively in advocacy programs through its membership of the QRBA and the NNTC. More information about QSNTS’ advocacy activities in the reporting period can be viewed in the Performance Report section of this Annual Report.

22 Annual Report 2019 – 2020 QSNTS OVERVIEW

REQUESTS FOR ASSISTANCE QSNTS aims to provide Traditional Owners with the right support at the right time, through every step of the native title journey. However, as an NTSP, QSNTS may provide assistance to Traditional Owners only if a written request is both received and approved, in accordance with s 203BB of the NTA.

QSNTS assigns resources to requests for assistance in the descending order of priority provided below (noting that some lower order activities may require action before a higher order activity can be addressed):

1. Native Title Claims. All claims filed with the Federal Court must accord with credible evidence, and are handled either in-house or otherwise briefed out to competent, ethical practitioners. The amount of resources allocated, as well as other factors such as logistics, are associated with the size and location of the native title claim group. 2. PBC Support. PBC support includes legal assistance with native title and other related agreements, administrative support for key PBC functions, including governance, meetings, financial administration and other matters. 3. Regional Research. The strategic value of regional or specific research projects pursuant to s 203BJ are prioritised in circumstances where they may resolve native title across a wider region. This research serves to clarify complex regions that have multiple competing assertions of native title, as well as regions that have one or more adjoining native title determinations that can be used as ‘neighbour’ evidence to support new or current claims.

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4. Claim-Specific Research. This includes claim-specific research and investigation that arises from, and is consistent with, the s 203BJ research projects referred to above. 5. Dispute Resolution. This extends to both inter- and intra-Indigenous dispute resolution pursuant to s 203BJ, with particular priority being given to those claims that are subject to trials, or those claims capable of consent determination where connection has been accepted but outstanding Indigenous respondent issues remain. 6. Interlocutory Applications. Funding can be granted for interlocutory applications to dispose of unmeritorious Indigenous responses where dispute resolution (referred to above) has been unsuccessful. 7. Future Acts. This includes the provision of limited future act legal advice, representation and assistance.

While the order of priority for resource allocation remains the same, the balance in volume of services delivered by QSNTS has shifted in recent years due to the growing number of native title determinations made within its service boundaries. Since the 2008 amalgamation which extended QSNTS’ regional coverage, native title has been determined for 49 claims wholly or partially in the southern and western regions of Queensland, 25 of which were assisted by QSNTS. Accordingly, QSNTS has adapted its operations to better meet the changing needs of Traditional Owners in our region of responsibility by providing services not just to Native Title Claimants, but also to Native Title Holders following a determination. This is what we refer to as our ‘whole-of-client, whole-of- organisation approach’ to service delivery.

With this approach, we work together with Traditional Owners to develop long-term plans that capitalise on the long-term relationship built with QSNTS throughout the native title journey, from initial research all the way through to determination and thereafter. These plans are comprised of a Walking Together Agreement (WTA) and Service Delivery Schedule (SDS) which encompasses the views, needs and aspirations of our clients, and sets the foundations for a streamlined transition from Native Title Claimant to Native Title Holder.

24 Annual Report 2019 – 2020 QSNTS OVERVIEW

The SDS provides a clear view of what services we will be providing, who will be responsible for providing them, and when they will be provided by. Once the client has approved the SDS, it becomes attached to the WTA for the duration of the financial year.

The WTA is an agreement between QSNTS and the client that recognises the intention to walk and work together towards achieving the client’s native title aspirations and promotes a positive, cooperative and collaborative relationship that supports the efficient and effective delivery of QSNTS services to the client. The WTA is based on shared values of respect, trust, honesty, fairness and accountability, and is to be implemented with a spirit of goodwill.

The WTA and SDS are developed and finalised with each client as follows:

1. Initial meeting with QSNTS representative and the Applicant or Board to discuss QSNTS services and claim group or PBC goals and aspirations 2. QSNTS internal whole-of-client team meeting to identify the services that assist the client to achieve the goals. Allocating the tasks to team members and developing draft SDS that includes the estimated service delivery timeframes as well as the funding source 3. Draft SDS offer with deliverables is sent to the Applicant or Board for review and consideration 4. Amendments are made into the SDS, if necessary 5. WTA with the attached SDS is finalised and signed by both parties.

The WTA and SDS set out the tasks for the whole-of-client team for the financial year. A new WTA and SDS will be created with clients for the following financial year.

Annual Report 2019 – 2020 25 QSNTS OVERVIEW

STRATEGIC PLAN AND PRIORITIES During the 2019-20 year, QSNTS continued to focus on delivery against the strategic priorities of its Strategic Plan 2018-22.

Our strategic priorities are:

1. Securing outcomes through recognition of right people for right Country 2. Supporting Traditional Owners to manage Country 3. Becoming the service provider of choice for Prescribed Bodies Corporate 4. Advocating reform to enhance native title for Traditional Owners.

QSNTS’ Strategic Vision, Purpose and Values is provided below and Strategic Plan can be found on our website at: www.qsnts.com.au/strategic-plan

Our Vision Right People, Right Country, Right Path Our Values Respect Honesty Trust Fairness Accountability VES VISION

ROSE Our Purpose Walking with Traditional Owners

26 Annual Report 2019 – 2020 QSNTS OVERVIEW

Annual Report 2019 – 2020 27 PERFORMANCE REPORT

Performance Report

28 Annual Report 2019 – 2020 PERFORMANCE REPORT

RESPONDING TO COVID-19 IN NATIVE TITLE This year has presented some extraordinary challenges in service delivery at QSNTS following the declaration of the COVID-19 pandemic in March 2020. With Traditional Owners recognised as among the most vulnerable during the pandemic, we have responded swiftly and scrupulously to observe government restrictions and protect both our clients and colleagues to the best of our capacity. Some of the measures we’ve taken include:

• Deploying staff to work from home to the maximum extent possible • Postponing all in-person meetings and moving to virtual meeting spaces where possible • Cancelling work-related travel • Ramping up deep cleaning in our office spaces • Arranging office spaces to facilitate distances of at least two metres between staff members at all times • Supplying hand sanitiser to both staff and visiting stakeholders.

These measures have helped ensure continuity of service delivery, but not without some consequences, particularly resulting from the postponement of in-person meetings which are customary among Traditional Owners to make decisions affecting the broader community. With many of our clients living in remote regions, access to technology is at times limited, making it difficult to transition to virtual communication platforms.

As a result of these challenges, planned outcomes for this financial year have faced unavoidable delays as the health and safety of our staff and constituents remain our top priority.

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STRATEGIC PLAN FOCUS AREA 1. Securing Outcomes Through Recognition of Right People for Right Country Aim: To attain successful native title or alternative settlement outcomes for Traditional Owners

INITIATIVE STRATEGY EVIDENCE OF SUCCESS

Assist We offer native title claim We are successful when: Traditional assistance that: Owners to • Traditional Owners understand gain native title • Encompasses an evidence- the native title claim process based approach identifying through claim • Traditional Owners are right people for right Country prosecution satisfied with the support • Guides Traditional Owners provided throughout the through the native title claim process claim process • Native title claims • Aims to resolve claims with the are resolved or best possible outcomes for alternative settlement Traditional Owners outcomes negotiated

Help Traditional We provide a tailored service that: We are successful when: Owners to prevent, resolve • Helps Traditional Owners • Fewer mediations are imposed and mitigate resolve disputes, including by the Court boundary and group disputes • The implementation of risk composition issues management strategies results • Addresses disputes early to in less disputation improve PBC functionality • There are fewer factors • Strengthens relationships and circumstances giving between Traditional Owners rise to disputation and their stakeholders • More disputes are narrowed, mitigated and resolved

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Assist We provide PBC support that: We are successful when: Traditional Owners • Guides Traditional Owners • PBCs are incorporated with PBC through the design and within six months of the development incorporation process for claim being registered their PBC while a native • PBC planning sessions are title claim is • Identifies PBC needs and held within six months of the on foot advances their goals claim being registered • Paves the way for responsible • Governance training is corporate governance and delivered to interim Directors risk management to facilitate within 12 months of the claim greater native being registered title opportunities • Consultations to refine corporate structure are held in the year preceding a PBC becoming an RNTBC

Develop and We deliver services that: We are successful when: implement strategies • Capitalise on our expertise • Traditional Owners have to maximise to support Traditional Owner established a plan for effective opportunities needs in claims, future acts governance, the protection for Traditional and cultural heritage and optimisation of cultural heritage, and the realisation Owners • Support Traditional Owners of economic benefit to identify, negotiate and benefit from the economic opportunities provided by native title, future acts and cultural heritage • Aid the protection and management of cultural sites for the enjoyment of current and future generations

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Performance Overview As at 30 June 2020, there are 27 native title determination applications on foot within our service region, 17 of which are represented by QSNTS. They are: CLAIM FCA NO. DATE FILED

Barada Kabalbara Yetimarala People QUD13/2019 02/07/2013

Barada Kabalbara Yetimarala People #2 QUD15/2019 12/07/2013

Butchulla Land & Sea Claim #2 QUD460/2018 27/11/2009

Clermont-Belyando Area Native Title Claim QUD25/2019 27/05/2004

Danggan Balun (Five Rivers) People QUD331/2017 27/06/2017

Darumbal People QUD30/2019 26/07/2012

Gamilaraay People QUD290/2017 12/06/2017 Kabi Kabi First Nation Traditional Owners Native Title QUD20/2019 11/12/2018 Claim Group Koa People QUD592/2015 16/07/2015

Kunja People QUD598/2015 17/07/2015

Quandamooka Coast Claim QUD126/2017 08/03/2017

Wadja People QUD28/2019 22/08/2012

Wakka Wakka People #3 QUD276/2019 29/04/2016

Wakka Wakka People #4 QUD277/2019 10/02/2012

Wangkamahdla People QUD52/2016 20/01/2016

Woppaburra People QUD16/2019 06/11/2013

Yuwaalaraay/Euahlayi People QUD32/2017 23/01/2017

In the 2019-20 reporting period, QSNTS assisted Traditional Owners to significantly progress 21 native title claims within our service region, three of which concluded with positive native title determinations and nine of which are now on the path toward consent determination. QSNTS has also continued work on nine regional research projects, and we are developing a strategic approach to support compensation claims within our region of responsibility.

QSNTS recognises the immense challenges that come with the native title journey, and we extend our gratitude to our Traditional Owner clients for their ongoing patience, cooperation and support as we continue navigating this journey together.

32 Annual Report 2019 – 2020 PERFORMANCE REPORT

Outputs 2019-20 FACILITATION AND ASSISTANCE NUMBER

QSNTS Claims Experience

Total active claims within the region as at 30 June 2020 27 Active Claims Represented as at 1 July 2019 21 Plus claims filed by QSNTS 0 Less claims determined 4 Less claims dismissed (represented by QSNTS) 0 Ceased to act 0 Plus or less any other (consolidated) 0 Active claims represented as at 30 June 2019 17 Other Matters Within the Region as at 30 June 2020 QSNTS as respondent 2 Claims in development 0 Non-claimant applications 3 Discontinued/resolved non-claimant applications 0 Compensation claims 2 S 203BJ(b) region research projects 9

Annual Report 2019 – 2020 33 PERFORMANCE REPORT

34 Annual Report 2019 – 2020 PERFORMANCE REPORT

Importantly, the determination • conduct traditional Determinations also recognises the exclusive ceremonies native title rights of the Gunggari • take, use, share and exchange People over the Mitchell Gunggari People traditional natural resources The Gunggari People were ‘Yumba’, a 23-hectare property • conduct burial rites recognised as Native Title on the Maranoa River that was designated as an Aboriginal Holders over 6,855 sq km of • teach about the physical reserve in the early part of the lands and waters in the Maranoa and spiritual attributes of the 20th century. The Yumba was region following the consent area, and determination of their third home to the Gunggari People for • maintain places of importance successful native title claim on 2 decades until its inhabitants were and areas of significance. September 2019. forced to move off the property by the Booringa Shire Council in This outcome was the culmination The Honourable Justice Rangiah 1968, after which all dwellings of five years of extensive handed down the decision during on the Yumba were bulldozed. negotiations with the State a sitting of the Federal Court Regardless, the Gunggari People of Queensland and six other held in Brisbane, recognising the maintained their connection to, respondents. As a result of Gunggari People’s native title and occupation of the Yumba, negotiations, an ILUA was right to: gaining recognition as Native Title Holders over the property some agreed with the State regarding the joint management of • access, be present on, 51 years later. protected areas over Mulgumpin, move about on and travel and another with Tangalooma over the area The Gunggari Native Title Aboriginal Corporation Island Resort Pty Ltd and • camp on the area and, for RNTBC, which holds all Tangalooma Pty Ltd regarding that purpose, erect temporary Gunggari native title land in leasing arrangements of relevant shelters on the area trust for the Gunggari People, lands, with the Quandamooka • take (including by hunting operates out of the Yumba People as landlord. and gathering) and use property, just east of Mitchell. These agreements provide traditional natural resources significant benefits to the from the area for personal, Quandamooka People – Quandamooka People: domestic and non-commercial custodial recognition over their communal purposes Mulgumpin Claim At a consent determination traditional estate; the preservation • conduct religious and spiritual hearing held in Brisbane and protection of cultural activities and ceremonies on 27 November 2019, the heritage; the protection and on the area Honourable Justice Rangiah of management of lands and • maintain and protect the Federal Court recognised the waters; jobs for Quandamooka places of importance under Quandamooka People as Native people on country; and greater traditional laws and customs Title Holders over Mulgumpin economic independence. (Moreton Island), an island • teach on the area The Quandamooka spanning 170 sq km off the coast about its physical and Yoolooburrabee Aboriginal of south-eastern Queensland. spiritual attributes Corporation RNTBC is the agent • light fires on the areas for The determination is the third for PBC determined to perform the domestic purposes, and the Quandamooka People and functions of a RNTBC for the recognises their right to: Native Title Holders. • hunt and fish in, and take and use, the water for personal, • live and be present on domestic and non-commercial the island communal purposes.

Annual Report 2019 – 2020 35 PERFORMANCE REPORT

Butchulla People

On 13 December 2019, at a remote sitting of the Federal Court of Australia in Hervey Bay, the Honourable Justice O’Bryan recognised the Butchulla People’s native title over land and sea spanning 1,804 sq km in the Fraser Coast and Wide Bay region, marking their second native title win.

The determination recognises the Butchulla People’s right to:

• access, be present on, move about on and travel over the determination area • camp and live temporarily on the area as part of camping and for that purpose build temporary shelters • hunt, fish and gather • conduct and participate in rituals and ceremonies • be buried on and bury native title holders on the area • maintain places of importance and areas of significance, and • possess, occupy, use and enjoy 268 parcels of land to the exclusion of all others.

The Butchulla Native Title Aboriginal Corporation RNTBC is the agent PBC determined to perform the functions of a RNTBC for the Native Title Holders in relation to the determination.

QSNTS extends congratulations to the Gunggari, Quandamooka and Butchulla Peoples on their most recent native title outcomes.

36 Annual Report 2019 – 2020 PERFORMANCE REPORT

the proceedings as respondents. Darumbal People Current Claims The joinder of the respondent The majority of the area within parties, as well as complications the Darumbal People’s native Barada Kabalbara Yetimarala triggered by the impacts of title determination application the COVID-19 pandemic, The Barada Kabalbara Yetimarala (referred to as Part A) was have delayed the proceeding. People currently have two native the subject of a positive Programming orders were title determination applications in determination of native title by recently made setting down progress. In this reporting period, consent in June 2016. A small dates for the remainder of the the further amended claim for area (Part B) was the subject lay evidence to be heard, as the Barada Kabalbara Yetimarala of an overlap with the Barada well as the expert evidence People #2 matter was authorised Kabilbara Yetimarala People #2 and closing submissions, with by the claim group to resolve the (BKY #2) application. overlap issues with the Darumbal the trial anticipated to conclude in March 2021. (Part B) claim and accepted by In 2019, amendments to the Court. both the Darumbal People’s Danggan Balun (Five application and the BKY #2 For both matters, further Rivers) People application meant the claims expert and Traditional Owner no longer overlapped. Part B of connection evidence was filed In October 2019, the Applicant Darumbal People has continued with the Court and served provided connection evidence to progress in accordance with on the State. The State has to the State for assessment. In programming orders for a hearing indicated that it remains February 2020, the claim group on connection. At the same time, unable to accept connection authorised various amendments discussions with the State for the purposes of entering to the native title claim, including aimed at resolving connection into substantive negotiations the replacement of the Applicant. have continued. towards a consent determination. QSNTS assisted the replacement Negotiations with the State have Applicant to file an interlocutory commenced regarding future trial application in March 2020 for Gamilaraay People programming orders whilst still Court orders replacing the In March 2020, the Applicant allowing the parties to continue Applicant and granting leave to provided supplementary to negotiate towards a consent amend the claim. connection material to the State determination of native title. of Queensland and the legal Due to the COVID-19 pandemic, representative for pastoral party, Clermont-Belyando Area Native the hearing of the interlocutory Bullawarrie Pty Ltd (Bullawarrie). application proceeded by way In June 2020, the State and Title Claim of exchange of evidence and the legal representative for An authorisation meeting was written submissions, and, as of Bullawarrie advised that they held in the second half of 2019 the end of the reporting period, had each completed their to amend the claim group the Court’s judgment assessments of the Applicant’s description. The matter then remained reserved. supplementary connection proceeded to trial on the separate material. The State and the QSNTS was actively involved question of connection, on 2 Applicant are currently in assisting the Applicant to December 2019. Justice Reeves working on a timetable to respond to a number of future heard evidence on country, in progress the claim. act notices in the claim area and around Clermont, before the and to negotiate with respect Court returned to Brisbane to In this reporting period, QSNTS to a number of cultural hear further lay evidence. Three assisted the Gamilaraay People heritage agreements. individuals who were removed to engage with a proponent in from the claim group as a result relation to a future act matter. of the 2019 amendments joined

Annual Report 2019 – 2020 37 PERFORMANCE REPORT

QSNTS is also assisting the Kennedys, as well as a number a consent determination with Applicant in developing a Cultural of other pastoralist respondents, the Kunja People. The State and Heritage Management Agreement ceased to be parties on 10 the connection respondents are with a government proponent. October 2019. in the process of negotiating Those negotiations are ongoing. a consent timetable with a The remaining respondents preliminary listing for a consent indicated preparedness determination in early 2022. Kabi Kabi First Nation to negotiate a consent Traditional Owners Native determination and trial dates were therefore vacated. Quandamooka People Title Claim Group Coast Claim The Kabi Kabi First Nation An agreed timetable was On 29 July 2019, an interlocutory Traditional Owners native title filed on 28 February 2020 to application was filed seeking determination application was assist in taking all necessary that three individuals be joined combined with the Kabi Kabi steps to prepare for a consent as respondent parties to the Undambi Area application in determination hearing in May Quandamooka People Coast 2018, thus resulting in a single 2021, and in accordance with claim, all of whom are members application under the name that timetable, parties have of the claim group. The Applicant Kabi Kabi First Nation agreed on the rights and interests was served with this application Traditional Owners. to be recognised, and have as well as supporting affidavits on reached in principle agreement 2 August 2019. Submissions by The area that was subject to as to how the respondent parties’ the joinder parties, the Applicant the pre-combination Kabi Kabi interests are to be recorded in and the State have been filed First Nation Traditional Owners’ the orders. The Applicant has with the Court in accordance with claim has continued to progress also commenced negotiations a timetable set by the Court. towards a determination of native for an ILUA with the State and title by consent in accordance with Winton Shire Council and On 8 April 2020, the State with an agreed timetable. An McKinlay Shire Council. made a confidential offer to the outstanding issue relating to the Applicant as to wording of a Kabi Kabi People’s connection Earlier in the year, an application consent determination. However, was resolved among the parties was granted to protect gender- due to COVID-19 restrictions, in March 2020. The volume and restricted evidence provided by the Applicant has been unable complexity of tenure issues has particular Claimants as part of to convene an in-person meant that a determination is the connection evidence. As at authorisation meeting to have the unlikely before the first half 30 June 2020, an interlocutory claim group consider the offer. of 2021. application was in the process of being completed and filed to In a timetable agreed by the Koa People remove 15 parties who have been parties and endorsed by the inactive for over six months. In October 2019, the Court Court, the State is due to made orders reducing the Koa deliver tenure analysis of People’s application to remove Kunja People allotments in the claim area by mid-August 2020. the interests of certain pastoral In the reporting period, the parties who were opposing a Applicant provided further positive native title outcome. expert and Traditional Owner The reduction excised those connection evidence to the lands and waters subject to State, local government and Mrs Kennedy’s non-claimant pastoralist parties. On 29 May Application (QUD82/2015) 2020, in response to this, the and the interests of a number of parties agreed to commence other pastoralists. As a result the substantive negotiations towards

38 Annual Report 2019 – 2020 PERFORMANCE REPORT

Wadja People This Wadja native title claim is one of three collectively known as the Central Queensland Cluster. In each of the three matters, the State’s expert and the claimant’s expert reached agreement on all substantive matters. However, the State has refused to concede that there is a credible basis to proceed to a consent determination.

The matter is programmed for trial.

Wakka Wakka People Progress towards a consent determination for the Wakka Wakka #3 claim (and Part A of Wakka Wakka #4 claim) was delayed by interlocutory applications made by the members of the Wulli Wulli People #3 Applicant and Mr Leslie Stewart seeking to join as respondent parties to the Wakka Wakka #4 claim.

In September 2019, QSNTS provided assistance to the Applicant by briefing Counsel to appear at a hearing as to whether native title in the Part B area of Wakka Wakka #3 claim was wholly extinguished. The Court delivered its judgment in December 2019 in favour of the Applicant.

In January 2020, the Court made orders replacing the Applicant and granting leave to amend the application to make a minor change to the claim group description.

Part A of the Wakka Wakka #4 claim was progressing in tandem with the Wakka Wakka #3 claim

Annual Report 2019 – 2020 39 PERFORMANCE REPORT

and is similarly delayed as a as a first step towards assisting lay evidence required to assist consequence of interlocutory the Wangkamahdla Applicant ‘right people for country’ and to applications filed by the Wulli to establish a corporation to facilitate a positive native title Wulli People #3 Applicant and Mr be the proposed PBC upon a outcome. The preliminary findings Leslie Stewart in early 2019. The determination of native title. of the expert material indicate interlocutory applications were there is a number of Aboriginal heard in Court in October 2019. Woppaburra People people who may hold native title in the Yuggera Ugurapul native In May 2020, Court orders The Woppaburra People’s matter title claim area who are not were made dismissing the Wulli was programmed for a trial and, members of the current claim Wulli People #3 Applicant’s pursuant to programming orders, group. QSNTS has committed to interlocutory application to further lay and expert evidence presenting these findings to the join as a party, but allowing Mr was filed in December 2019 Yuggera Ugurapul People. Stewart’s joinder application, with and February 2020 respectively. conditions. In June 2020, the In June 2020, the State Court made orders for a Court communicated in open Court Yuwaalaraay/Euahlayi People mediation of the dispute between that it agrees to enter into The State undertook an the Wakka Wakka People #4 substantive negotiations towards assessment of the Yuwaalaraay/ Applicant and Mr Stewart, to a consent determination. Euahlayi People’s connection commence in August 2020. evidence in August 2019. Yuggera Ugarapul People Negotiations between the QSNTS provided assistance Applicant and State culminated in The Yuggera Ugarapul People to the Wakka Wakka Applicant the State confirming in December native title determination to respond to future acts 2019 its willingness to progress application was filed on 20 April notices and negotiate the claim towards a consent 2017. At the time the application agreements with exploration determination, subject to certain was filed, QSNTS was the legal and infrastructure proponents. conditions, in accordance with a representative. QSNTS ceased Court timetable. Under the Court acting on 11 October 2018 for timetable settled in June 2020, Wangkamahdla People the Applicant. On 1 November the parties are to undertake steps The Wangkamahdla People native 2019 QSNTS filed a Notice towards achieving a consent title claim continued to progress of Acting for the Applicant determination in late 2021. towards a consent determination but again ceased acting on 4 in accordance with an agreed December 2019. The Applicant Collection of further evidence timetable. Due to the impacts have now engaged private legal as part of the substantive of COVID-19, a number of representation. negotiation process commenced timetable items were postponed. in the first half of 2020. However, under an amended The claim group is not in Court timetable settled in April a position to prepare the QSNTS assisted the Applicant 2020, a consent determination is connection material required to in negotiations with respect anticipated to occur in mid-2021. provide to the State pursuant to an infrastructure project, as to Court orders and, as such, well as providing assistance In March 2020, the Court made QSNTS has sought to become a with responding to other future orders replacing the Applicant party to the application. As at 30 act notices. and granting leave to amend the June 2020, the decision to join claim, including amendments to QSNTS has been reserved. the claim group description. Pursuant to QSNTS’ functions In June 2020, QSNTS under section 203BJ(b) of the commenced a Wangkamahdla NTA, QSNTS has engaged expert claimant consultation process anthropologists and is collecting

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Dr Kevin Mayo has completed determined area, has been Research Projects draft reports for three of these completed and two research sub-regions, namely Upper reports by Peter Blackwood Appletree Creek Cooper Creek, Arrabury, and finalised. QSNTS is reviewing The Appletree Creek research the Upper Farrers Creek and the reports and will report on the area is an unclaimed tract of Middle Diamantina sub-regions. findings where not constrained country within the Isis River The reports considered a wide from doing so due to COVID-19. drainage basin and taking in range of ethno-historical literature the centres of Childers and and interviews. In 2021, further Greater Mt Isa Region Research interviews are planned seeking Woodgate. It is bounded by the Within the greater Mount Isa First Nations Bailai, Gurang, information for the Mayne River and the Middle Diamantina River region, there are three small Gooreng Gooreng, Taribelang areas of country, surrounded by Bunda People’s native title sub-region. This work is subject to COVID-19 restrictions and will determined native title groups, determination to the north and which remain unclaimed. These the Kabi Kabi First Nations be concurrent with the Western Diamantina Research Project. areas are described internally by People claim to the south. Some QSNTS as ‘Unclaimed Areas A, preliminary consultations have B and C’. A series of interviews, been undertaken, however Gilliat Flinders group discussions and on- COVID-19 restrictions have The Gilliat Flinders Research country field trips with Native prevented the conduct of field Project is located in the Gulf Title Holders from surrounding work and the focus was internally country and includes portions determined areas were conducted archival research. of the Flinders River and the conducted in regard to potential Cloncurry River. Consultant native title rights and interests Darling Downs Susan Dale Donaldson in the research areas A and C. Research for the Darling Downs conducted several interviews During this period, the report for region, with Dalby at its centre and reviewed historic Area C was completed. When the and bounded in the north by records, providing QSNTS research for Area A is completed the Bunya Mountains, and with a report in relation to the in the next reporting period, the the south by the Toowoomba research undertaken. outcomes of the research will be region, extending west to the presented to family groups who Condamine, has largely been Bularnu Waluwarra have asserted rights and interests completed. The focus of the in the areas. research project was extended to Wangkayujuru – Greater Mount the Upper Brisbane River region, Isa Unclaimed Areas Paroo to Yowah with an historical report for the This research commenced with Research Region latter area being substantially a request from the Bularnu The Paroo River to Yowah completed during this period. Waluwarra Wangkayujuru Research Project is located PBC and common law Native in south-west Queensland Title Holders to assist with Cooper Diamantina and includes portions of the ongoing group composition The Cooper Diamantina Regional Paroo River and Yowah Creek. disputes and a possible revision Research Project started in May A number of interviews have of the Bularnu Waluwarra 2018. The Research Area takes been undertaken with elderly Wangkayujuru Peoples’ native in portions of Cooper Creek, individuals for the purpose of title determination. The research, Lake Yamma Yamma, Farrers recording evidence. Further consisting of a review of all Creek and Whitula Creek as well interviews were postponed due previous research, extensive as portions of the Diamantina to COVID-19. River. Owing to the size of the consultations with Traditional region, the project was divided Owners of the region, family into four sub-regions. Consultant group meetings, as well as a number of field trips to the Annual Report 2019 – 2020 41 PERFORMANCE REPORT

Southern Downs QSNTS as Wulli Wulli People #2 The Southern Downs research QSNTS is providing region encompasses an area Respondent representation to an Indigenous which includes the towns of respondent who asserts that he Warwick, Texas, Milmerran, Wongkumara People holds interests in the claim area Stanthorpe and Inglewood. that would be affected were a Consultant anthropologist Kim This matter remains before the determination to be made. The McCaul finalised a report at the Federal Court. QSNTS is not respondent is one of six active end of the 2019-20 period, the providing financial assistance. Indigenous respondents asserting findings of which will be reported rights under two separate group back to those who have engaged QSNTS has remained a party identities. QSNTS is undertaking in research in later 2020. to the matter having initially research into the relevant area joined following requests under pursuant to s 203BJ(b) of the s 203BB of the NTA relating Three Moon Creek NTA in an effort to provide to the claim group description. authoritative material to assist Three Moon Creek is an area Subsequent to the claim group the parties in mediation. subject to competing assertions description being amended, of native title rights and interests, QSNTS stayed in the matter to and covers the upper Burnett and provide material and submissions Nogo Rivers north of Eidsvold as overlapping claims were and south of Monto taking in the lodged and Indigenous historic Rawbelle and Mulguildie respondents sought to join station runs. In this reporting the proceedings. period, research focused on the western region of the research area, including the northern portion of the Wulli Wulli #3 claim. COVID-19 has prevented further field work in the remainder of the research area.

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Claimed Areas

Annual Report 2019 – 2020 43 PERFORMANCE REPORT

2. Supporting Traditional Owners to Manage Country

Aim: To help Traditional Owners protect and manage their rights, paving the way for economic and other opportunities that help realise their cultural aspirations.

INITIATIVE STRATEGY EVIDENCE OF SUCCESS

Deliver a We operate under a service We are successful when: service delivery delivery approach and approach that strategy that: • Our service delivery approach genuinely and strategy has been defined reflects • Provides the range of native and implemented title services and products that Traditional • Traditional Owners are using Traditional Owners Owner needs our range of services have requested • Traditional Owners confirm the • Tailors service plans that quality of our services in client reflect the specific needs of satisfaction surveys Traditional Owners

Develop and We will develop new We are successful when: implement new services that: services for • We have introduced new the benefit of • Reflect best practice as service lines, products Traditional Own proven by a supporting and ways of working that evaluation are response to the new and changing needs of • Complement and enhance our Traditional Owners existing services • Further empower and support our clients on their native title journeys

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Inform We provide educational We are successful when: Traditional tools that: Owners • Traditional Owners are utilising and other • Assist Traditional Owners to available tools to assist in stakeholders effectively manage their rights, native title management interests and Country about QSNTS • The QSNTS website is services and • Raise awareness about native regarded as a leading source the native title title and what it means for of educational information process Traditional Owners about native title • Inform Traditional Owners • Traditional Owners and other stakeholders about and stakeholders are our services, the benefits on informed about our offer, and our processes for services and processes attaining native title outcomes through direct engagement

Deliver a We build strong client We are successful when: comprehensive partnerships that: range of • Traditional Owners are services • Draw on skills, experience and committing to service that align knowledge gained during the packages in accordance with with unique native title claim process their aspirations Traditional • Prioritise client needs and • Clients report high satisfaction Owner objectives to ensure best with our services aspirations service delivery • Stakeholder engagement • Evolve to reflect Traditional with our services increases Owner growth and development throughout the native title journey

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Performance Overview

In this reporting period, QSNTS has upheld its commitment to supporting Traditional Owners to manage country by delivering services focused on PBC support, future acts and cultural heritage. This section of the report focuses on outcomes attained together with all PBCs, regardless of funding arrangements. Key Achievements Mapping Resources to Manage Country Project This financial year marked a significant milestone for the Boonthamurra People with the Boonthamurra RNTBC making headway toward the completion of its Mapping Resource to Manage Country project, which is set to influence outcomes more broadly for Native Title Holders in the pursuit of self-determination.

The project was funded by a capacity building grant of $96,000 from the then Jobs, Land and Economy Program in the DPMC. In September 2019, QSNTS assisted the Boonthamurra RNTBC to host a community summit bringing the Boonthamurra People together to launch the Mapping Resources to Manage Country project and workshop planning toward the implementation of the project within the community. The two-day event was highly successful, with participants reporting a greater understanding of native title, as well as enthusiasm for the potential to leverage rights and interest for the benefit of the wider community.

The intent of the project was to meet prioritised objectives of the Boonthamurra RNTBC’s Strategic Plan through the development of grant-specified activities and products. The concept of ‘People, Place and Partnership’ provided the planning framework for the development of the following three interconnected project products, which will together provide for some short-term, but largely long-term leveraging of opportunities through the implementation of native title rights and interests belonging to the Boonthamurra People:

1. People (Skills Audit) - Information regarding the skills, experiences and aspirations, including in relation to PBC succession planning were collected through a skills audit and collated as map of human capital to be linked with employment and other opportunities. 2. Place (Cultural Mapping) - A variety of electronic and hard-copy maps were produced depicting Boonthamurra People and Country, including cultural sites as well as products depicting the location of stakeholders doing business on Boonthamurra Country. Neighbouring Traditional Owners were also mapped with the intent being to work with neighbours to grow a regional Indigenous voice. 3. Partnership (Stakeholder Engagement) - Stakeholder engagement plans and a PBC website were developed to promote awareness of the Boonthamurra People, their rights, and their aspirations for their Country and People, as well as the relationships Boonthamurra People wish to build with those living, working and visiting Boonthamurra Country.

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Prior to the Summit, an interdisciplinary team of QSNTS staff undertook a review of the connection material relied upon in progressing the Boonthamurra claim to determination, as well as a thorough analysis, using QSNTS’ bespoke agreements database, TraKS, of agreements entered into by the Boonthamurra People during and after the claims phase.

The review of the connection material allowed QSNTS to work with the Boonthamurra People in mapping culturally significant areas to country while the TraKS analysis enabled QSNTS to identify a detailed list of stakeholders on Boonthamurra Country and the opportunities that exist in many agreements which had not been harnessed by the Boonthamurra People.

The Mapping Resources to Manage Country project shows significant promise toward becoming the benchmark for helping advance the native title aspirations of Traditional Owners emerging into the post-determination environment. With reporting on project outcomes due to the NIAA in November 2020, QSNTS hopes to see the project expanded to reach Native Title Holders throughout our service region and potentially facilitate regional opportunities for neighbouring PBCs and Native Title Holders. .

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Support Summaries – Native Title Holders

Throughout the reporting period, QSNTS has continued providing support services to six PBCs in accordance with WTAs and SDSs settled in the preceding financial year. PBCs supported were as follows:

• Boonthamurra • Gunggari • Kalkadoon • Kabi Kabi • Budjiti • Darumbal • Mithaka

QSNTS ceased support services to two PBCs in the same period.

Below is a summary of our accomplishments in the delivery of PBC support services over 2019-20. Boonthamurra Native Title Aboriginal Corporation RNTBC QSNTS has provided support to the Boonthamurra RNTBC with services summarised as follows:

• Website support and ongoing maintenance • Assistance coordinating meeting logistics (AGM, Native Title Holder, Board and Members meetings) • Negotiations toward future act agreements relating to oil and gas exploration and production, opal exploration and mining and carbon farming • Assistance coordinating and hosting the Boonthamurra summit to launch the Mapping Resources to Manage Country project.

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Gunggari Native Title Aboriginal Corporation RNTBC Support provided to the Gunggari Native Title Aboriginal Corporation RNTBC in this reporting period includes:

• Human resources support with position descriptions and workplace relations • Assistance with logistics and minute-taking for AGMs, Native Title Holder, Board and Members’ meetings • Implementation of Rule Book amendments as recommended following a review in the previous financial year • Communications support through website updates and maintenance, including form creation and implementation • Financial services support, including bookkeeping and payroll • Mediation and negotiation toward a range of future act and related native title activities; • Research assistance mapping genealogies • Assistance coordinating the consent determination hearing for the Gunggari People #4 native title claim. Kalkadoon Native Title Aboriginal Corporation RNTBC QSNTS supported the Kalkadoon Native Title Aboriginal Corporation RNTBC with the following services in this reporting period:

• Continuing legal representation and assistance with negotiating a high volume of future act agreements • A significant number of agreements between the Kalkadoon People and various other parties have been recorded in the TraKS database • The PBC was again successful in obtaining PBC Support Funding in 2019-20 year.

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Budjiti Aboriginal Corporation RNTBC The Budjiti Aboriginal Corporation RNTBC received the following support services over the 2019-20 reporting period:

• Drafting and developing policies and procedures for the corporation • Facilitation of meetings • Corporation compliance with the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), in light of the COVID-19 pandemic • Representation in negotiations with proponents for future act agreements, carbon farming agreements, one cultural heritage project and in responding to various future act notices. Mithaka Aboriginal Corporation RNTBC QSNTS provided the following assistance and support to Mithaka Aboriginal Corporation RNTBC:

• Finalisation of ILUAs between the Mithaka People, the State and pastoralists • Registration of Land Exchange ILUA between the Mithaka People and the State • Advice in relation to Mining Agreements and implementation of those Agreements • Transfer of Land • Corporation compliance with the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth).

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Darumbal Native Title Aboriginal Corporation RNTBC QSNTS provides support to the Darumbal Native Title Aboriginal Corporation RNTBC on an ad hoc basis. During 2019-20, QSNTS assisted with the implementation of ILUAs agreed in the course of negotiations toward a consent determination, including the identification of planning-related issues. Support Summaries – Native Title Claimants Kabi Kabi People Aboriginal Corporation QSNTS assisted the Kabi Kabi People Aboriginal Corporation with newsletter production and distribution. As the Kabi Kabi First Nation Traditional Owners native title claim progresses toward consent determination, support services are expected to build up early in 2020-21. Barada Kapalbara Yetimarala People The Barada Kapalbara Yetimarala People currently have two native title determination applications on foot. QSNTS has also provided the following support:

• Negotiations regarding the review of cultural heritage management plans (CHMPs) with three mining proponents • Negotiations regarding a CHMP with a mining proponent • Negotiations regarding a CHMP and an ILUA for an infrastructure project in central Queensland.

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Butchulla Native Title Aboriginal Corporation (Land and Sea Claim #2) Following determination of the Butchulla Land and Sea Claim #2 on 13 December 2019, QSNTS has been providing assistance to the Butchulla Native Title Aboroginal Corporation on a variety of matters, including negotiations toward an ILUA and two associated CHMPs in relation to a windfarm proponent. Danggan Balun (Five Rivers) People The Danggan Balun (Five Rivers) People are currently progressing a native title claim. QSNTS has been providing additional support as follows:

• Assistance with PBC incorporation and Rule Book drafting • Completion of negotiations toward two CHMPs • Ongoing negotiations toward four CHMPs and one major ILUA • Preparation for potential cultural heritage project to commence early in the next financial year. Mardigan People An alternative settlement ILUA between the State and the Mardigan People was registered in October 2019 and a negative consent determination was finalised over the Mardigan People claim area in December 2019. When the ILUA is implemented, the Margany Aboriginal Corporation will hold the benefits conferred by the ILUA for the benefit of the Mardigan People.

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Wakka Wakka People (Wakka Wakka #3 and #4) The Wakka Wakka #3 and #4 claims remain on foot. QSNTS provided additional support as follows:

• Providing advice and support in respect of several cultural heritage matters, including CHMP negotiations with windfarm and mining proponents • Providing advice and support toward several ILUAs, including ongoing negotiations toward a Cherbourg Township ILUA • Objection applications in relation to exploration applications. Koa People The proposed PBC for the Koa People’s native title claim was incorporated in April 2020 and QSNTS is providing support around governance and Rule Book development; and assistance with negotiations relating to a small mining future act. Kunja People In addition to the Kunja People’s native title claim, QSNTS has also assisted with responding to cultural heritage notices, engaging a third party cultural heritage provider, and the negotiation of a cultural heritage management plan with a government proponent. Clermont-Belyando People The Clermont-Belyando native title claim group retained QSNTS to act on their behalf in respect of future act and cultural heritage matters, and QSNTS is now providing assistance toward the implementation of a mining agreement, and the negotiation of seven mining leases.

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Future Acts: Outputs 2019-20 Under s 203BG of the NTA, QSNTS can assist Traditional Owners with receiving and responding to future acts notifications where the right to negotiate has been secured following entry of a claim on the Register of Native Title Claims. Below is an overview of the number of future acts notifications fielded by QSNTS in the 2019-20 reporting period.

QSNTS Agreement Experience

Future acts notices received 893 Responses to future acts 164 Agreements concluded 37 Agreements in development 15 ILUAs concluded and registered 11

FUTURE ACTS: BREAKDOWN OF OUTPUTS NOTIFICATIONS

Legend: Tenement Type Total s 24 679 ATP/EPP Authority to Prospect Notifications Received EP Expedited Procedure Total Other Notifications EPC Exploration Permit for Coal Received (NTPCs, ILUA- 207 EPM Exploration Permit for Minerals Related Tenures and Other Miscellaneous notices) MDL Mineral Development License

MC Mining Claim Total s 29 214 ML Mining Lease Notifications Received PL Petroleum Lease RTN Right to Negotiate SP Sales Permit

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SECTION 29 NOTIFICATIONS

Number of Notices Total Number of Type Tenement Type (Groups Represented Notices Received by QSNTS) EP RTN ATP/EPP 4 0 0 4 EPC 10 3 10 0 EPM 125 47 115 10 MDL 4 0 4 0 MC 58 3 0 58 ML 8 0 0 8 PL 5 3 0 5 SP 0 0 0 0 Total 214 56 129 85

OBJECTION APPLICATIONS

Objection Application Status Number of Applications

Objection Applications Lodged 33 Finalised Objection Applications 29

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AGREEMENT MAKING

Negotiations Negotiations Active Tenements Negotiations Commenced Finalised Negotiations Abandoned

ATP 0 0 5 0 EPM and EPC 30 35 30 1 ML 0 0 15 0 MDL 0 0 0 0

MC 0 0 15 2 Total 30 35 65 3

INDIGENOUS LAND USE AGREEMENTS

Total Number of ILUAs Registered within QSNTS Region in the Reporting Period 15

Total Number of ILUAs Notified within QSNTS Region in the Reporting Period 6

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3. Becoming the Service Provider of Choice for Prescribed Bodies Corporate

Aim: To grow and retain our client base by providing services that are appropriate, efficient and effective for Traditional Owners.

INITIATIVE STRATEGY EVIDENCE OF SUCCESS

Follow a We operate under a workforce We are successful when: workforce strategy that: strategy that • A strong capability framework accommodates • Capitalises on a has been developed and a comprehensive multidisciplinary team approach implemented in the workplace to match appropriate skill sets service delivery • Available skills are allocated in to Traditional Owner needs model a flexible manner to deliver the • Utilises skill sets to encourage services required by clients the development of innovative • Staff are actively engaging services which benefit in ongoing professional Traditional Owners development opportunities that improve our capacity to meet client needs

Nurture a We sustain a service culture that: We are successful when: comprehensive service culture • Appreciates native title as a • All clients are assigned an and responsive journey for Traditional Owners, internal Client Management feedback system rather than a destination Plan that reflects their needs and objectives • Embraces the changing needs of Traditional • Our organisation is the Owners throughout the preferred provider of native native title journey title services within its region of responsibility • Welcomes feedback and strives for improvement to benefit Traditional Owners

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Establish a We deliver a service strategy that: We are successful when: panel of quality- assured experts • Identifies and addresses • Brokered external service to expand service delivery gaps by providers deliver high support services brokering access to external satisfaction among for PBCs where service providers Traditional Owners unavailable from • Ensure brokered external • PBC governance and QSNTS service providers are ethical, operational performance is diligent and competent to effective with the support of meet Traditional Owner needs blended direct and brokered service delivery options

Deploy We commit to service We are successful when: innovative tools delivery that: that assist PBCs • We operate as a one-stop- with managing • Applies ethical, expert shop for advancing the native Country teamwork to support title needs of PBCs and guide PBC growth and development • Adopts and adapts innovation and technology to support sustainable PBC self-sufficiency

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Performance Overview

As part of its 2018-22 Strategic Plan, QSNTS has committed to becoming a service provider of choice for Traditional Owners throughout the native title journey and, as such, we work continuously to review and improve operations to better meet the current and changing needs of our clients.

In 2019-20, QSNTS has advanced five projects with the objective of expanding our methods of support for Traditional Owners at various stages of the native title process. Key Achievements Publication of the Part 11, Div 3 Native Title Act Manual QSNTS is committed to nurturing a comprehensive service culture and responsive feedback system that help to meet the needs of our clients, and as part of that commitment, we recognise the importance of conducting operations transparently and accountably.

To ensure Traditional Owners have unrestricted access to information about our statutory services, decision-making processes and feedback provisions, QSNTS compiled and published an explanatory document known as the Part 11, Division 3, Native Title Act Manual.

The manual is available via the QSNTS website.

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TraKS TraKS is a web-based agreements database custom-built by QSNTS to meet the unique needs of PBCs managing native title and other agreements on behalf of their Native Title Holder communities. The database acts as a hub for agreement information and provides Traditional Owners with the tools needed to ensure the provisions of their native title agreements are being upheld by proponents.

TraKS was assessed in consultation with several Traditional Owner clients, attracting feedback through which we identified a range of improvement opportunities which are now being implemented.

As we work to improve TraKS for clients, one of the key changes is the transition from a licence-based application to a managed service, in which QSNTS will gather, interpret and process native title agreements on behalf of the relevant PBC, ensuring Traditional Owners are equipped with the right information to enforce their agreements with accuracy.

QSNTS team members are undertaking training in TraKS administration to provide support to our Traditional Owner clients and we expect this process to have neared completion by the end of 2020.

National Compensation Strategy In the wake of the March 2019 High Court decision in the Griffiths case relating to native title compensation (also known as the Timber Creek case), the native title sector as a whole has been working diligently to pave the way forward on compensation claims for Traditional Owners.

QSNTS has commenced research to identify compensable acts in areas where native title has been positively determined, and potential compensation claims are also being identified as part of the anthropological research process for native title claims currently on foot.

More broadly, QSNTS has endorsed the NNTC Compensation Strategy, a seven-part plan to help shape the future of native title compensation law by prioritising:

• Test Cases - The identification and prosecution of test cases that will clarify the legal principles around what compensable acts are and how those acts can be valued • Streamlined Litigation - Reducing the time, issues, expense and personal toll on Traditional Owners by streamlining the litigation process • Negotiated Settlements - Researching and developing a ‘best practice’ framework for negotiated settlements of compensation claims • NTSP/NTRB Capability - Appropriate resourcing to aid in test case prosecution and negotiated settlements • Education - Education and training support for NTRB/NTSPs, PBCs, Native Title Holders and other stakeholders about compensation claims and associated options • Stakeholder Engagement and Communication - Ongoing communication with stakeholders to share information and build mutually beneficial relationships with those affected by compensation matters.

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As the objectives of the Compensation Strategy come to fruition, together with the outcomes of our in-house research, Traditional Owners in our region of responsibility will have access to the knowledge and experience required to give compensation claims the best chance of success. Virtual Authorisation Process To comply with social distancing restrictions imposed by the State and to protect the health and wellbeing of our clients, QSNTS has suspended in-person meetings as a result of the COVID-19 pandemic declared in March 2020.

Large, in-person meetings are customary among Traditional Owners as a means of making decisions about native title, so the inability to host such meetings has presented some challenges to progress on service delivery, particularly the risk of delays and legal complications associated with how Traditional Owners authorise native title decisions.

To overcome these issues, QSNTS has developed and implemented a new Virtual Authorisation Process, combining video conferencing with website and voting applications that enable Traditional Owners to authorise native title decisions in a way that is compliant with the NTA, while minimising the health risks associated with COVID-19.

Key features of our Virtual Authorisation Process include:

• An online dashboard containing: – Information about the decision to be made, such as legal advice and public notices – Instructions for voting – Key dates, such as open and close dates for voting – A Q&A section to have questions answered by QSNTS – A forum through which Traditional Owners can communicate directly with their families • Virtual information sessions hosted via video conference to facilitate participation from home or, if applicable, at a dedicated venue with a COVIDSafe plan • Convenient voting options including via online or post.

The Virtual Authorisation Process will be trialled in September 2020 in relation to a native title claim. With contribution and endorsement from legal experts in native title, QSNTS is confident the protocol can be utilised more broadly for AGMs and other meetings among our clients.

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Mapping Resources to Manage Country The Mapping Resources to Manage Country project is a prototype that, if successful, will be tailored and rolled out to Traditional Owner groups throughout our service region with funding assistance under the NIAA’s Indigenous Advancement Strategy. QSNTS has developed the project as an important tool for Native Title Holders to tap into grant funding and use it to implement a plan for economic development that can advance the community’s journey toward self-determination. 4. Advocating Reform to Enhance Native Title for Traditional Owners

Aim: To influence and improve native title policies, legislation and administrative processes for the benefit of Traditional Owners

INITIATIVE STRATEGY EVIDENCE OF SUCCESS

Sustain We will develop relationships that: We are successful when: and extend stakeholder • Aid in identifying policy • We are active participants in a relationships challenges and reform range of stakeholder forums, to support opportunities to enhance the including the QRBA and the advocacy efforts native title system NNTC • Combine objectives and ideals • Traditional Owners are aware to strengthen advocacy efforts of and satisfied with our advocacy efforts

Lead advocacy We will advocate for reforms that: We are successful when: to influence positive native • Support an efficient and • We tender meaningful title reform effective system for native submissions that identify title recognition legislation and policy weaknesses, and support • Reflect the unique needs positive native title reform and experiences of Traditional Owners • Our recommendations are reflected in policy reform • Encourage autonomy, measures, either proposed growth and development for or implemented Traditional Owner communities

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Performance Overview

QSNTS gives voice to Traditional Owners by advocating for native title-focused policy reforms through three core channels: through the organisation itself; in collaboration with the QRBA; and as a member organisation of the NNTC.

During 2019-20, QSNTS’ advocacy focus areas covered:

• Development and implementation of the QSNTS ‘People, Place, Partnerships’ advocacy strategy • Community of Practice with the Minerals Council of Australia • The Quall amendment regarding the role of NTSP/NTRBs in certifying ILUAs • Compensation framework following the Griffithsdecision • The Native Title Legislation Amendment Bill 2019.

Collectively, QSNTS participated in 56 meetings and events dedicated to our advocacy efforts. Key Achievements ‘People, Place, Partnerships’ Advocacy Strategy In July 2019, QSNTS developed an advocacy strategy aiming to steer positive outcomes for the Traditional Owner operating environment by influencing advancements in law, policy and processes, professional and ethical standards, and strategic relationships.

Under the strategy, QSNTS adopts a three-tiered approach that identifies and responds to reform opportunities in the political space, Indigenous estate space, and economic space. Each of these play a broader, but equally important role in enabling Traditional Owners to attain genuine self-determination. With specific reforms in each space, QSNTS foresees improvements to recognition of native title rights and interests for people; better opportunities in economic development; governance and the exercise of rights over place; and ultimately, social, political and economic independence for Traditional Owners through strong and rewarding partnerships.

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Collectively, this forms the QSNTS ‘People, Place, Partnerships’ advocacy strategy, which stipulates the overarching goals for each of our advocacy efforts. The strategy was presented by QSNTS CEO Kevin Smith at the Centre for Native Title Anthropology Annual Conference on 6-7 February 2020, where it was considered in context with the ‘Mapping Resources to Manage Country’ project currently on foot with the Boonthamurra People. ‘Working Together’ Community of Practice In June 2019, the NNTC and the Minerals Council of Australia (MCA) commenced the ‘Working Together’ community of practice pilot program, co-chaired by QSNTS CEO Kevin Smith, to navigate key issues in the implementation of native title agreements and stakeholder engagement with Traditional Owners throughout the mining sector.

In 2019-20, two face-to-face conferences were held, together with a webinar regarding the Organisation for Economic Cooperation and Development’s Linking Indigenous Communities with Regional Development initiative; and a joint speech was delivered by the co-chairs of the Community of Practice Aboriginal Enterprises in Mining, Energy and Exploration conference in September 2019.

A dedicated ‘Indigenous Mining Futures’ website representing outcomes from the Community of Practice was established by the Centre for Social Responsibility in Mining based at the University of Queensland, featuring research information and an e-library capturing key publications focused on best practice around Indigenous engagement in the mining sector.

As a member of the NNTC, QSNTS has given support to the ‘Working Together’ community of practice program and has identified a range of advocacy opportunities, including the presentation of both TraKS and the Mapping Resources to Manage Country projects. Although COVID-19 has led to the postponement of planned community of practice meetings, the MCA remains positively engaged and has expressed its commitment to renewing the program for a further 12 months from June 2020.

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The Quall Amendment In this reporting period, the issue of whether an NTSP/NTRB can delegate the ILUA certification function to its CEO under Part 11 of the NTA became a central issue for QSNTS and the native title sector more broadly, as the High Court of Australia considers the matter in Northern Land Council & Anor v Quall & Anor (the Quall matter).

While a decision is pending, QSNTS has been working together with the Expert Technical Advisory Group (on which QSNTS CEO Kevin Smith is the nominated NTSP/ NTRB sector delegate) to develop a legislative reform framework that clarifies the decision- making powers of an NTSP/NTRB in respect of ILUA certification and ensures QSNTS can continue to perform the function in a way that is streamlined, authoritative and cost effective.

QSNTS will consider next steps once the High Court has handed down its decision in the Quall matter, expected November 2020. National Compensation Strategy Together with the NNTC, QSNTS has focused much of its advocacy efforts on developments surrounding native title compensation following the High Court’s decision on the Griffiths case.

In this reporting period, QSNTS participated in over 20 intervention activities related to compensation, many of which comprised consultation with government representatives to support the development of the National Compensation Strategy with the NNTC. A notable example took place on 31 January 2020, when QSNTS CEO Kevin Smith presented at the Queensland Judges Forum to highlight the benefits to Traditional Owners of adopting the NNTC’s proposed National Compensation Strategy.

As a culmination of our joint advocacy efforts in compensation, the NNTC has secured funding to assist with implementation of the National Compensation Strategy, as well as funding to host nine compensation workshops for Traditional Owners around the country, one of which has already taken place within our region of responsibility (in Brisbane on 27 August 2019). In this reporting period, QSNTS also participated in two information sessions coordinated by Queensland Treasury on 31 July 2019 and 6 August 2019 in Mount Isa and Rockhampton respectively.

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Significantly, the NNTC also met with the Federal Court and a number of Commonwealth agencies on 11 March 2020, which expressed support for the NNTC’s National Compensation Strategy. The NIAA, in particular, encouraged NTSP/NTRBs to cross- reference the strategy when submitting their operational plans, and government representatives agreed to constitute a working group for the purpose of making recommendations to the National Federation Reform Council (formerly Council of Australian Governments) Native Title Ministers’ meeting to take place early in 2020-21.

While COVID-19 has imposed some delays on progressing the National Compensation Strategy, QSNTS strongly supports the strategy and will continue to do so as this field of law develops. Native Title Legislation Amendment Bill 2019 QSNTS, together with the NNTC, has been working diligently on advocacy efforts to support key reforms to the NTA.

At a meeting of the Expert Technical Advisory Group in Melbourne on 10 October 2019, the NNTC emphasised the importance of introducing the Native Title Legislation Amendment Bill 2019 as a matter of urgency. The Bill was then introduced in the House of Representatives on 17 October 2019, and referred to the Senate Legal and Constitutional Affairs Committee for inquiry.

In addition to adopting the NNTC submission to the Committee, QSNTS also filed a supplementary submission of its own on 28 November 2019, focusing on:

• Statutory duties around ILUA litigation • Mandatory eligibility of Native Title Holders to RNTBCs • PBCs being the Applicant in compensation claims • An express mediation and arbitral function given to the NNTT to resolve RNTBC issues.

The Committee is due to issue a report on 19 August 2020.

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Stakeholder Engagement Each year, QSNTS is involved in a variety of stakeholder engagement events and activities designed to support Indigenous empowerment and advocate a stronger native title system. Although COVID-19 has impacted some events and opportunities in stakeholder engagement, we have forged engagement opportunities by virtual means, as well as in- person prior to the COVID-19 pandemic. NAIDOC Week During 2019-20, QSNTS hosted stalls at Brisbane’s Musgrave Park Family Fun Day, and at the Rockhampton NAIDOC Expo, both falling on Friday, 12 July 2019. The theme for this year’s NAIDOC week was ‘Voice, Treaty, Truth’, capturing the three key elements to the reforms set out in the Uluru Statement from the Heart.

Both stalls featured photographs from consent determinations and maps for claim and determined areas, and the Brisbane stall also featured a colouring-in competition for kids. Research Officers and Legal Officers were in attendance at all times and reported positive and pointed engagement with stall visitors. NAIDOC Week celebrations present an opportunity for QSNTS to share understanding about native title, influence positive social narratives, and connect with Aboriginal and Torres Strait Islander peoples in a meaningful way.

In addition to our NAIDOC Week stalls, QSNTS also participated in two formal celebrations to commemorate the event:

• The NAIDOC Week 2019 Afternoon Reception hosted at Government House and attended by QSNTS Director Pele Bennet on behalf of the QSNTS Chairperson and QSNTS CEO • The Queensland Tourism Industry Council NAIDOC Corporate Breakfast attended by QSNTS CEO Kevin Smith in South Brisbane. Centre for Native Title Anthropology Annual Conference The Centre for Native Title Anthropology Annual Conference was hosted at the University of Melbourne on 6-7 February 2020, with the theme ‘Culture and Native Title: Making the Most of Emerging Opportunities’. QSNTS CEO Kevin Smith presented a keynote speech about improving the policy landscape to better connect Traditional Owners to opportunities for economic development that will advance the journey toward self-determination. The AIATSIS Nyiyanang Wuunggalu Symposium

On 19-20 February 2020, AIATSIS hosted its second annual culture and policy seminar, this year centring on the theme of Nyiyiang wuunggalu, meaning in Dhungutti language ‘Let’s Work Together’. QSNTS CEO Kevin Smith attended the event as a keynote speaker, presenting on the relationship between native title rights and interests and Indigenous policy, to identify and influence policy-based opportunities to improve that working relationship.

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Mabo Day 2020 While most Mabo Day celebrations were postponed in 2020 as a result of the COVID-19 pandemic, the South East Queensland Mabo Day Working Group commemorated the 28th anniversary of the Mabo High Court decision by bringing the celebrations online.

As part of the virtual program, the Mabo Day Working Group hosted a webinar bringing together a panel of renowned speakers with expertise in native title, including QSNTS CEO Kevin Smith, who shared information about compensation as the next important step in the native title journey.

Kevin Smith spoke alongside:

• Charles Passi, a visionary Elder from Mer (Murray) Island, Torres Strait, and son of David Passi, one of the plaintiffs in the Mabo case • Dr Rose Elu, Elder from Saibai Island and campaigner on climate change who has presented papers at many forums and universities around the world, most recently at the United Nations in Paris • Hannah Duncan, lawyer and granddaughter of the late Eddie Mabo.

In addition to the webinar, the virtual program also included a virtual Acknowledgement of Country, a concert hosted by Christine Anu and featuring artists Busby Marou, Alice Skye and Jimblah, and streamed viewings of documentaries and films from the Reconciliation Film Club.

While it is not known what events may be held in the coming 12 months to celebrate important dates in the Indigenous community calendar, the SEQ Mabo Day Working Group is to be applauded for running a successful virtual program to celebrate Mabo Day in what have been challenging times.

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Corporate Report

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ORGANISATIONAL STRUCTURE QSNTS is governed by a Board of Directors, which provides high-level strategic direction to the Executive team comprised of the CEO, COO, CFO and PLO.

The CEO is responsible for all decision-making stemming from our statutory obligations under the NTA and leads the organisation on its strategic pathway.

The PLO is the legal practice lead of QSNTS and all professional practice matters rest within the PLO’s authority. The PLO serves a range of additional duties, including corporate counsel, practice leader, solicitor on the record for strategic litigation, second-in-command at QSNTS and senior stakeholder liaison with the Federal Court, NNTT, the State, legal profession and other NTSP/NTRBs.

The CFO is responsible for non-operational activities within QSNTS, including corporate support such as human resource and financial management, stakeholder engagement and event planning. The COO and CFO work together when it comes to the delivery of corporate services delivered externally. This is to assure whole-of-organisation service delivery to meet whole-of-client needs.

The COO is responsible for coordinating services that are aimed at building PBC and native title group capability, as well as managing and leveraging native title and cultural heritage outcomes. Like the PLO and CFO, the COO reports directly to the CEO.

QSNTS operates with a team of skilled, experienced and professional staff which are provided with clear expectations through the ongoing review of position descriptions and the management of performance appraisal and development system.

Annual Report 2019 – 2020 71 CORPORATE REPORT

ORGANISATIONAL STRUCTURE As at June 2020

Chief Financial Officer

Corporate Executive Services and Officer Community HR Manager Relations Coordinator

Administration Assistant Human Business Analyst Senior Finance Community Resources Receptionist Officer Relations Systems Analyst Advisor Notifications Finance Officer Officer/s Geospatial Corporate Administration Mount Isa Office and Systems Services Officer Coordinator Support Officer Officer/s Future Acts Media and Administration Communications Officer Officer

72 Annual Report 2019 – 2020 CORPORATE REPORT

DEPARTMENT KEY: Board of Directors BOARD OF ESU DIRECTORS EXECUTIVE

CORPORATE IMD LEGAL

Chief Executive Officer

Chief Operating Principal Legal Officer Officer

Deputy Deputy Deputy Deputy Assistant Legal Principal Principal Principal Principal Manager (IMD) Legal Officer Legal Officer Legal Officer Legal Officer

Research Legal Officer/s Legal Officer/s Officer/s Paralegal Paralegal/s Paralegal/s Research Administration Officer

Annual Report 2019 – 2020 73 CORPORATE REPORT

FINANCIAL PERFORMANCE REPORT The 2019-20 Operational Plan was formally endorsed by the Board in August 2019. In June of 2019, QSNTS successfully applied for a ‘one-off’ end-of-year variation that resulted in an additional amount of $1,265,000.00 being made available in the 2019-20 financial year.

Base funding for the year totalled $9,380,450 and a further $884,000 was successfully granted through the mid-year variation process. A further $1,682,430 was received to fund external parties, largely through PBC Support Funding.

Attributable expenditure increased slightly from 2018-19 as a result of the increased budget provided through the 2018-19 end-of-year variation. This increase was less than expected due to the impact of COVID-19 and the significant reduction in face-to-face meetings and field work carried out in the final quarter.

There were 246 milestones listed for the reporting period with 132 achieved, and 49 recording significant progress. There were 42 milestones considered out of QSNTS’ control, and 23 milestones not met. Grant Financial Performance Report

QSNTS Functions Actual 2018-19 Budget 2019-20 Actual 2019-20 Variance

Capital 99,527 285,000 34,071 250,929 Corporate 3,420,668 3,603,781 3,223,712 380,069 Attributable 8,618,776 11,579,894 9,186,482 2,393,412 Total 12,138,971 15,468,675 12,444,265 3,024,410

74 Annual Report 2019 – 2020 CORPORATE REPORT

Governance QSNTS’ leadership comprises a Board of Directors and two key committees. The Board shapes the organisation’s strategic direction, oversees performance and compliance, and ensures effective governance.

The Company’s Constitution governs the responsibilities and proceedings of the Board, which consists of a Chairperson, Deputy Chair and Directors. It is intended that the Board comprise a majority of persons with Aboriginal and Torres Strait Islander decent and encompasses Directors with a broad range of skills, diversity, expertise and experience from a range of backgrounds. The Board meets quarterly and generally holds one strategic planning workshop annually.

A series of governance policies also underpin the role of the Board’s role in relation to QSNTS, namely decision-making, strategic planning and delegation of responsibilities and authority to the CEO. The Board is subject to a Code of Conduct, which stipulates the standards to be upheld by all Directors

The QSNTS governance framework comprises of the following elements:

• Legislative framework (Native Title Act 1993, Corporations Act 2001); • QSNTS Constitution; • QSNTS Board Charter; • Board of Directors; • CEO and Executive Team; • Deputy Principal Legal Officers; and • Management Team

QSNTS Directors and Office Bearers as at 30 June 2020:

Acting Chairperson Bernie Yates Director Pele Bennet Director Julie Finlayson Director Margaret Stephenson Director Glenn Ferguson Director Craig North Director Wayne Denning

Annual Report 2019 – 2020 75 CORPORATE REPORT

Former Board Members Regrettably, QSNTS in this financial period farewelled longstanding Director and Chairperson Colleen Wall, who, after a decade on the QSNTS Board, resigned from her position on 29 May 2020. QSNTS extends heartfelt appreciation for Ms Wall’s dedication and contribution to QSNTS over her many years of service, and wishes her the very best for her future endeavours. Newly Appointed Board Members QSNTS formally welcomed Mr Wayne Denning and Mr Craig North to the Board as newly appointed Directors on 18 July 2019 and 11 March 2020 respectively. We look forward to working with Mr Denning and Mr North over the coming financial year. Meeting Attendance From the period from 1 July 2019 to 30 June 2020, Board meetings were attended by Directors as follows:

Directors Meetings Eligible to Attend Meetings Attended

Colleen Wall 5 4

Bernie Yates 6 6

Pele Bennet 6 4

Julie Finlayson 6 5

Margaret Stephenson 6 6

Glenn Ferguson 6 4

Craig North 1 1

Wayne Denning 6 6

76 Annual Report 2019 – 2020 CORPORATE REPORT

Committees Supporting the Board of Directors is a Governance Committee that operates as an ongoing committee with the purpose of ensuring that the Board and organisation more generally exercises sound governance, and an Audit and Risk Committee that was established to provide assurance and assist the Board to discharge its responsibilities under the NTA, as well as financial reporting, performance reporting, risk oversight and management, internal control and compliance with relevant laws and policies.

The following outputs for each committee within the reporting period are as follows:

Audit and Risk Management Committee Membership of the Committee as at 30 June 2020 was:

• Glenn Ferguson (Board Member) • Pele Bennet (Board Member) • Supported by Company Secretary Michelle McCann • Supported by CFO Paul Davies.

Unfortunately, this year saw the resignation of Independent Chair Roy Alfredson, thereby prompting the Audit and Risk Committee to commence recruitment of an independent member in accordance with the committee charter.

Three candidates were identified and interviewed, and the Audit and Risk Committee has submitted recommendations to the Board of Directors for recruitment of two of the candidates. A decision is expected at the next Board meeting in August 2020.

As a consequence of operating with limited members, the main focus of the Audit and Risk Committee was the appointment of a new auditor, as recommended in 2018. With recommendations issued by CFO Paul Davies, the Board decided at the Annual General Meeting in October 2019 to appoint BDO Australia as the auditor for the 2019-20 financial year.

Annual Report 2019 – 2020 77 CORPORATE REPORT

Governance Committee The Governance Committee provides support to the Board of Directors by embedding good governance practices and ensuring compliance with governance obligations. As at 30 June 2020, the Governance Committee comprises the following members:

• Bernie Yates (Acting Chair of the Board) • Margaret Stephenson (Board Member) • Julie Finlayson (Board Member) • Supported by Company Secretary, Michelle McCann

At the end of the last reporting period, the Governance Committee was developing a CEO Succession Plan in conjunction with David Fishel from Positive Solutions/Board Connect as one the outstanding items on its 2018-19 future work program. The Plan was finalised by the Governance Committee and endorsed by the Board of Directors in November 2019.

The 2019-20 future work program was also settled by the Governance Committee in November 2019, which included a progressive review of existing policies to ensure they remain current and fit for purpose, the identification of any gaps in policy coverage, and initiatives to improve compliance and performance monitoring.

Subsequent to settlement of the work program for this period, seven governance policies were reviewed by the Governance Committee and endorsed by the Board, while a new confidentiality policy is now in development.

In line with its focus on improving compliance and performance, the Governance Committee has commenced planning around a training and development strategy for Directors individually, and the Board as a whole, to address skills gaps and improve cohesion at the Board level.

In particular, the Governance Committee has proposed adoption of a skills matrix through which Directors can identify and overcome skills gaps by participating in targeted training courses. For the Board as a whole, workshops that promote appreciation of Director skills and experience have been suggested to assist with harnessing those skills and more effectively for the benefit of QSNTS.

78 Annual Report 2019 – 2020 CORPORATE REPORT

Restrictions imposed in response to the COVID-19 pandemic have created some challenges toward advancing the Governance Committee’s proposed training and development strategy and a recommendation has been made to the Board to revisit the issue later in 2020.

In addition to its progress on the work plan, the Governance Committee in this reporting period also supported the recruitment process for an additional two Directors to join the QSNTS Board, resulting in the appointment of Craig North on 11 March 2020. The COVID-19 pandemic has impacted the recruitment of a second Director as intended, but the Governance Committee recommended postponing until later in 2020. EXTERNAL SCRUTINY During the reporting period QSNTS received one external review request under 203FBA of the NTA and one internal review was conducted.

Complaints and Disputes Complaints received 8 Complaints resolved 8 Complaints pending resolution 0 Requests for Review of Decisions Not to Assist Requests received 1 Reviews completed 1 Petitions overturned on internal appeal 0 Requests for External Review of Decisions Not to Assist Requests received 1 Requests resolved 0 Requests pending resolution 0 QSNTS decisions affirmed 0

QSNTS also commissions an independent auditor on an annual basis to undertake an audit of the financial statements and provide the Board with a completion report which summarises its key findings and any recommendations. During this reporting period, an independent financial audit was conducted by BDO Australia and is appended to this report.

Annual Report 2019 – 2020 79 CORPORATE REPORT

CONSULTANTS AND COMPETITIVE TENDERING AND CONTRACTING

QSNTS is committed to achieving value for money in the purchasing of goods and services, including via tendering and contracting. QSNTS maintains a register of consultants with skills and experience in relevant areas. For the reporting period, QSNTS spent a total of $2,780,288 on consultants, of which a further $85,405 was for travel expenses. In total, QSNTS contracted 67 consultants to undertake a range of work, including providing legal opinion, expert anthropology, project management, facilitation, and information technology services.

Percentage Distribution of Consultancy Activity 70

60

50

40

30

20

10

0 Corporate Consultation Anthropological Consultation Legal Consultation

Consultations Fees Travel Expenses

80 Annual Report 2019 – 2020 CORPORATE REPORT

Annual Report 2019 – 2020 81 HUMAN RESOURCES REPORT

Human Resources Report

82 Annual Report 2019 – 2020 HUMAN RESOURCES REPORT

WORKFORCE PLANNING Historically the Corporate Team predominantly provided services internally. However, over the reporting period the corporate client base has expanded, with more services offered and taken up by our external clients.

The Corporate Team has the responsibility of providing whole-of-client services to meet whole-of-client needs to both internal and external clients. To achieve this, the dynamic of how corporate services are delivered has been upgraded through becoming a more responsive and customer-focused team.

The positions developed to support this change were:

• Manager – Human Resources and Corporate Services • Human Resources Advisor • Corporate Services Officers – covering Asset and Facilities, Event Coordination, Records, and Finance.

There is a significant amount of work being undertaken to review and refine existing position descriptions across the organisation to ensure we are meeting changing operational requirements, as well as supporting the strategic direction of the organisation at the level of individual roles. Capability identification and development to support QSNTS’ strategic goals is also a focus of this project. The QSNTS Capability Framework is being refreshed to ensure it aligns with the key responsibilities of each role required to deliver holistic services.

During this process QSNTS Classification Descriptors were developed. These descriptors document a comprehensive set of standards for each of the QSNTS salary classifications. The descriptors will be used moving forward to benchmark new positions and any existing positons on review. The development of these descriptors will allow us to define and transparently communicate how our positions are classified.

The QSNTS Rockhampton office closed in December 2019 following a review of the future need for a dedicated office in the region. The two staff based in the office chose to exit the organisation rather than redeploying to the Brisbane office.

Annual Report 2019 – 2020 83 HUMAN RESOURCES REPORT

Workforce Profile, Retention and Turnover As at 30 June 2020, QSNTS has a workforce of 56 staff with a profile as follows:

Perm. Contract Casual F/Time P/Time Male Female Indigenous Total

28 28 0 50 6 30% 70% 23% 56

This reporting period marked the 10th Anniversary for five QSNTS staff, including PLO Tim Wishart. QSNTS acknowledges the hard work, dedication and resilience of its current and long-term staff. Enterprise Agreement The QSNTS Enterprise Agreement 2017 – 2019 expired on 30 June 2019. Bargaining for the next Agreement commenced in April 2019 and is ongoing.

84 Annual Report 2019 – 2020 HUMAN RESOURCES REPORT

Training and Development Training and development across the organisation is undertaken against five categories: Continuing Professional Development; Mandatory; Occupational Health and Safety; Professional Development (linked to the performance planning process); and whole of organisation training.

16%

CPD

Mandatory

OHS 40% 17% Professional Development

QSNTS Wide

9% 18%

Some of the key training events for 2019-20 were:

• Livingstones (now Mapien) delivered a five-part Trusted Leaders program between August and December 2019, attended by two members of the Executive • Training on the functionality of the TraKS database was rolled out to all staff in November 2019. This training was developed and delivered in-house • In December 2019, the QSNTS Community Relations cohort attended Peacemakers 101: Leadership for conflict training, which was provided by LeadershipFIT • NTRB Legal Workshop was held in February 2020 in Perth. Six staff within the QSNTS legal team attended • Jolleen Hicks, Aboriginal Insights, delivered her Cultural Foundations for Workplaces virtually to 12 staff in May 2020.

Due to the COVID-19 restrictions and associated potential risks to QSNTS staff, all external face-to-face training ceased for the majority of the second half of the reporting period. All external training has been attended in a virtual environment, ensuring professional development and compliance can continue.

Annual Report 2019 – 2020 85 HUMAN RESOURCES REPORT

Workplace Health and Safety

During 2019-20, QSNTS has faced unprecedented challenges arising from the COVID-19 pandemic.

In March 2020, QSNTS provided staff with a directive, in accordance with Commonwealth and Queensland Government directives, that those who could work from home should do so. Exemptions were granted on a case by case basis determined by CEO, Kevin Smith where staff were unable to work from home due various reasons, including not having a suitable working environment.

All external meetings with clients ceased during this time.

A COVID-19 Health and Wellbeing Tip sheet was developed and circulated to all staff. This provided practical tips and information about managing physical and mental health and wellbeing during the COVID-19 period. Staff were also reminded about the Employee Assistance Program if additional support was required.

A QSNTS Visitor Health Screening Checklist was developed and all visitors to the office were required to complete this prior to interacting with QSNTS staff.

A daily COVID-19 alert email is circulated to all staff notifying of any additions to the Queensland Government’s Contact Tracing register and reminding staff of QSNTS’ COVID-19 protocols.

Human Resources worked closely with the Executive to ensure staff were updated on any Queensland and Federal Government Health Directives and/or impacts that COVID-19 might have on operations.

86 Annual Report 2019 – 2020 HUMAN RESOURCES REPORT

PBC Assistance

The Boonthamurra PBC and QSNTS commenced a skills audit in 2019. The Human Resources unit was involved in developing a Skills Audit for people involved in the Boonthamurra Mapping Resources to Manage Country project. Human Resources workshopped the requirement of the skills audit with the PBC Board and its successors prior to the finalisation of the skills audit report. The Boonthamurra Summit was held on 25 and 26 September 2019 in Roma. The report was submitted to the Board for feedback. Looking Ahead: Human Resources in 2020–21

A project commenced in March 2020 to implement an electronic system for workforce management and planning through “My Business EXO”, a Human Resources module attached to MYOB to be integrated with the finance system. This will provide Human Resources with the opportunity to develop reporting tools and metrics that weren’t possible under the previous manual system. This system will also provide managers the opportunity to have more ready access to employee data. When the system is implemented the end-to-end process for the employee life cycle will be managed through this tool.

QSNTS workforce strategy will continue to be focussed on implementing the structure, positions and capabilities required to support and strengthen the delivery of holistic services. Projects to support the implementation of the final phase of the transition to whole-of-client, whole-of-organisation services are to be undertaken in conjunction with the operational teams.

Annual Report 2019 – 2020 87 FINANCIAL REPORT

Financial Report

88 Annual Report 2019 – 2020 FINANCIAL REPORT

TABLE OF CONTENTS 90 Directors’ Report 94 Auditor’s Independence Declaration 95 Financial Report 95 Statement of Profit or Loss and Other Comprehensive Income 96 Statement of Financial Position 97 Statement of Changes in Equity 98 Statement of Cash Flows 99 Notes to the Financial Statements 115 Directors’ Declaration 116 Independent Audit Report 119 Detailed Profit and Loss

Annual Report 2019 – 2020 89 FINANCIAL REPORT

DIRECTORS’ REPORT Queensland South Native Title Services Limited | ABN 88 114 581 556 Your directors present their report on the company for the financial year ended 30 June 2020.

Directors The names of the directors in office at any time during or since the end of the financial year are:

• Glenn Ferguson • Colleen Wall (ceased as a Director 28 May 2020) • Julie Finlayson • Craig North (started as a Director 11 March 2020) • Bernie Yates • Margaret Stephenson • Pele Bennet • Wayne Denning (started as a Director 18 July 2019)

Directors have been in office since the start of the financial year to the date of this report unless otherwise stated.

Meetings of Directors During the reporting period, the Board held five meetings. Details of attendance by individual Board members are provided below:

Attendance at Board and Committee Meetings 1 July 2019 - 30 June 2020

DIRECTORS DIRECTORS’ MEETINGS

Meetings Eligible to attend Meetings attended

Colleen Wall (Chairperson) 5 4

Craig North 1 1

Glenn Ferguson 6 4

Bernie Yates (Deputy Chair) 6 6

Wayne Denning 6 4

Margaret Stephenson 6 6

Pele Bennet 6 4

Julie Finlayson 6 6

90 Annual Report 2019 – 2020 FINANCIAL REPORT

Operating Results The operating result for the financial year was a profit of 92,918 (2019: deficit of $148).

Principal Activity The objectives of the company are pursued by:

1) providing native title services to Aboriginal and Torres Strait Islander People in the southern half of Queensland as prescribed in the Native Title Act 1993 (Cth); 2) enhancing the capacity of Traditional Owners to be autonomous in pursuing their rights and interests; and 3) advocating for reform and improvement to the native title system.

Objectives QSNTS aims to secure outcomes through recognition of ‘Right People for Right Country’, and to support Traditional Owners to manage Country. The short- to medium-term focus of the organisation is the preparation, prosecution, negotiation and settlement of current and prospective native title claims. Supporting this objective is the development of Traditional Owner capacity to understand the native title process throughout the claim process and continuing into the future following a determination. In addition, QSNTS performs advocacy of broader reform to achieve procedural and substantive outcomes that make the native title process fairer and more equitable. QSNTS aims to expand the range of options available for the successful resolution of native title claims, and to become a service provider of choice for Prescribed Bodies Corporate. Under s203FE of the Native Title Act 1993 (Cth), QSNTS’ role is to carry out the functions of a native title representative body, which includes:

Facilitation and assistance (s 203BB) Directly representing Native Title Holders and claimants in native title proceedings; future act legal assistance, negotiation and representation; prescribed body corporate incorporation and governance advice; and native title related cultural heritage legal assistance. Certification (s 203BE) Assisting with the certification and registration process of native title applications and Indigenous Land Use Agreements (ILUAs). Dispute resolution (s 203BF) Trying to resolve disputes between various native title holders and claimants, including facilitating agreements between these persons. Notification (s 203BG) Ensuring that notices made under the Native Title Act are brought to the attention of relevant native title holders and claimants. Agreement making (s 203BH) Being a party to ILUAs. Internal review (s 203BI) Reviewing decisions made as a native title service provider and addressing all feedback through an internal process.

Annual Report 2019 – 2020 91 FINANCIAL REPORT

Other functions (s 203BJ) A range of miscellaneous functions including making agreements with neighbouring native title representative bodies to deal with overlapping claims, identifying potential native title holders, and promoting an understanding of the Native Title Act amongst clients.

The long term objective of QSNTS is to expand the range of statutory services to both Native Title Claimants and Native Title Holders to ensure that Traditional Owners can harness the economic and social opportunities associated with native title whilst protecting, practising and preserving their culture, rights and interests to land and waters for present and future generations.

Strategy for Achieving the Objectives To meet its obligations under its funding agreement with the Australian Government, the QSNTS structure incorporates an Implementation and Management Division (IMD) dedicated to the delivery of support services to Traditional Owners following a positive native title determination. The strategic purpose of the IMD is to commence Prescribed Bodies Corporate (PBC) support work while a native title claim is still on foot and run parallel with the claim teams. The claim teams work with appropriate external experts to develop, implement and review case plans, in consultation with clients and stakeholders, designed to gather credible and comprehensive evidence that achieves native title and related outcomes within designated timeframes. The operational needs of the organisation are supported by a corporate team, including finance, human resources, information technology, event management and communication support.

More specifically, QSNTS undertakes a number of strategic activities and initiatives to achieve the organisational objectives. These include:

• Implementing sound governance and decision-making structures that ensure strategic, operational, financial and case management plans are integrated as well as appropriately devised, implemented and reviewed; • Adhering to best practice electronic file management, and maintaining information barriers that maintain client confidentiality; • Fostering partnerships with key stakeholders including other native title representative bodies and service providers, QSNTS’ funding body the National Indigenous Australians Agency, State Government departments and Crown Law; • Participating in advocacy through the National Native Title Council and also by making submissions on legislative and administrative reform; • Extending organisational reach via a regional office in Mount Isa; • Assisting PBC with a range of services including incorporation, strategic planning, communications, corporate governance, rule book, policies and procedures, native title decision-making processes and grant writing; and • Undertaking regular communication with claim groups through a range of means including claim-specific newsletters.

92 Annual Report 2019 – 2020 FINANCIAL REPORT

Significant Changes in State of Affairs No significant changes in the state of affairs of the company occurred during the financial year.

Contributions on Winding up In the event of the company being wound up, ordinary members are required to contribute a maximum of $10 each. The total amount that members of the company are liable to contribute if the company is wound up is $50, based on five current members.

Signed in accordance with a resolution of the Board of Directors

Director______Director______Bernie Yates Pele Bennet Dated: 25 November 2020

Annual Report 2019 – 2020 93 FINANCIAL REPORT

Auditor’s Independence Declaration DECLARATION OF INDEPENDENCE BY M CUTRI TO THE DIRECTORS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

Tel: +61 7 3237 5999 Level 10, 12 Creek St Fax: +61 7 3221 9227 Brisbane QLD 4000 www.bdo.com.au GPO Box 457 Brisbane QLD 4001 Australia

As lead auditor of Queensland South Native Title Services Limited for the year ended 30 June 2020, I declare that, to the best of my knowledge and belief, there have been:

1. No contraventions of the auditor independence requirements of the Corporations Act 2001 in relation to the audit; and 2. No contraventions of any applicable code of professional conduct in relation to the audit.

This declaration is in respect of Queensland South Native Title Services Limited and the entities it controlled during the period.

Michael Cutri Director BDO Audit Pty Ltd

Brisbane, 25 November 2020

BDO Audit Pty Ltd ABN 33 134 022 870 is a member of a national association of independent entities which are all members of BDO Australia Ltd ABN 77 050 110 275, an Australian company limited by guarantee. BDO Audit Pty Ltd and BDO Australia Ltd are members of BDO International Ltd, a UK company limited by guarantee, and form part of the international BDO network of independent member firms. Liability limited by a scheme approved under Professional Standards Legislation.

94 Annual Report 2019 – 2020 FINANCIAL REPORT

FINANCIAL REPORT

Statement of Profit or Loss and Other Comprehensive Income for the year ended 30 June 2020

Notes 2020 2019 $ $

Revenue

Revenue from ordinary activities 2(a) 12,959,800 11,831,156

Expenses

Consultancy costs (2,841,973) (2,115,602)

Depreciation expenses (613,384) (204,998)

Employee benefits expense (6,603,083) (6,391,621)

Meeting costs (353,855) (303,366)

Occupancy costs (116,358) (597,454)

Travel expenses (688,347) (797,573)

Other expenses from ordinary activities 2(b) (1,649,882) (1,420,690)

Profit/(Loss) from ordinary activities 92,918 (148)

Other comprehensive income - -

Total comprehensive income / (loss) 92,918 (148) for the year attributable to members

The accompanying notes form part of these financial statements Annual Report 2019 – 2020 95 FINANCIAL REPORT

Statement of Financial Position for the year ended 30 June 2020

Notes 2020 2019 $ $

CURRENT ASSETS

Cash and cash equivalents 3 4,025,878 4,350,478

Trade and other receivables 4 212,352 235,316

TOTAL CURRENT ASSETS 4,238,230 4,585,794

NON-CURRENT ASSETS

Property, plant and equipment 5 750,487 900,813

Right-of-use asset 6 864,709 -

TOTAL NON-CURRENT ASSETS 1,615,196 900,813

TOTAL ASSETS 5,853,426 5,486,607

CURRENT LIABILITIES

Trade and other payables 7 442,651 457,574

Provisions 8 961,672 971,748

Lease liabilities 6 429,399 -

Contract liabilities 9 1,518,092 2,121,081

TOTAL CURRENT LIABILITIES 3,351,814 3,550,403

NON-CURRENT LIABILITIES

Provisions 8 24,252 31,423

Lease liabilities 6 479,661 -

TOTAL NON-CURRENT LIABILITIES 503,913 31,423

TOTAL LIABILITIES 3,855,727 3,581,826

NET ASSETS 1,997,699 1,904,781

EQUITY

Retained earnings/(Accumulated losses) 1,997,699 1,904,781

TOTAL EQUITY 1,997,699 1,904,781

The accompanying notes form part of these financial statements 96 Annual Report 2019 – 2020 FINANCIAL REPORT

Statement of Changes in Equity for the year ended 30 June 2020

Retained Earnings Total Equity $ $

Balance at 1 July 2018 1,904,929 1,904,929

Net Surplus/(Deficit) for the year (148 ) (148 )

Balance at 30 June 2019 1,904,781 1,904,781

Balance at 1 July 2019 1,904,781 1,904,781

Net Surplus/(Deficit) for the year 92,918 92,918

Balance at 30 June 2020 1,997,699 1,997,699

The accompanying notes form part of these financial statements Annual Report 2019 – 2020 97 FINANCIAL REPORT

Statement of Cash Flows for the year ended 30 June 2020

Notes 2020 2019 $ $

CASH FLOW FROM OPERATING ACTIVITIES

Operating grant and funding receipts 12,002,329 14,082,083

Receipts from customers 348,434 210,872

Interest received 29,012 38,693

Interest paid (50,513) -

Payments to suppliers and employees (12,235,155) (13,165,825)

Net cash provided by/(used in) 12(b) 94,107 1,165,823 operating activities

CASH FLOW FROM INVESTING ACTIVITIES

Payment for property, plant and equipment (34,649) (154,301)

Proceeds from disposal of property, plant 3,945 54,772 and equipment

Net cash used in investing activities (30,704) (99,529)

CASH FLOW FROM FINANCING ACTIVITIES

Payments on lease liabilities (388,003) -

Net cash used in financing activities (388,003) -

Net increase/(decrease) in cash held (324,600) 1,066,294

Cash at beginning of financial year 4,350,478 3,284,184

Cash at end of financial year 12(a) 4,025,878 4,350,478

The accompanying notes form part of these financial statements 98 Annual Report 2019 – 2020 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

Queensland South Native Title Services Limited is company limited by guarantee, incorporated and domiciled in Australia, and is a not-for-profit entity for financial reporting purposes under Australian Accounting Standards.

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES

Basis of Preparation The financial statements are general purpose financial statements that have been prepared in accordance with Accounting Standards - Reduced Disclosure Requirements of the Australian Accounting Standards Board (AASB) and the Corporations Act 2001. Australian Accounting Standards set out accounting policies that the Australian Accounting Standards Board has concluded would result in financial statements containing relevant and reliable information about transactions, events and conditions. Material accounting policies adopted in the preparation of these financial statements are presented below and are consistently applied unless otherwise stated.

The financial report has been prepared on an accruals basis and is based on historical costs, modified, where applicable, by the measurement at fair value of selected non-current assets, financial assets and financial liabilities.

The following is a summary of significant accounting policies adopted by the Company in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated.

Going Concern As at 30 June 2020 the company had cash reserves of $4,025,878 (30 June 2019: $4,350,478), net current assets of $886,416 (30 June 2019: $1,035,391) and net assets surplus of $1,997,699 (30 June 2019: $1,904,781). The ability of the group to continue as a going concern is principally dependent upon continued funding from the Department of the Prime Minister and Cabinet through the Native Indigenous Australian Agency (NIAA) in which the current funding contract ends on 31 December 2020. This condition give rise to material uncertainty which may cast significant doubt over the company’s ability to continue as a going concern. The directors believe that the going concern basis of preparation is appropriate due to the following reasons:

• The company has sufficient cash reserves to continue its current planned activities; • The company can is able to scale back its operations based on the available funds; and • NIAA has provided a written confirmation that it is currently working on the terms and conditions of the next agreement to ensure continuity of the services of the company following the expiry of the current agreement of activities on 31 December 2020.

Should the company be unable to continue as a going concern, it may be required to realise its assets and extinguish its liabilities other than in the ordinary course of business, and at amounts that differ from those stated in the financial report. This financial report does not

Annual Report 2019 – 2020 99 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

include any adjustments relating to the recoverability and classification of recorded asset amounts or the amounts or classification of liabilities and appropriate disclosures that may be necessary should the group be unable to continue as a going concern.

(a) New or amended Accounting Standards and Interpretations adopted The company has adopted all of the new or amended Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (‘AASB’) that are mandatory for the current reporting period.

AASB 1058 Income of Not-for-Profit Entities The company has adopted AASB 1058 from 1 July 2019. The standard replaces AASB 1004 ‘Contributions’ in respect to income recognition requirements for not-for-profit entities. The timing of income recognition under AASB 1058 is dependent upon whether the transaction gives rise to a liability or other performance obligation at the time of receipt. Income under the standard is recognised where: an asset is received in a transaction, such as by way of grant, bequest or donation; there has either been no consideration transferred, or the consideration paid is significantly less than the asset’s fair value; and where the intention is to principally enable the entity to further its objectives.

For transfers of financial assets to the entity which enable it to acquire or construct a recognisable non-financial asset, the entity must recognise a liability amounting to the excess of the fair value of the transfer received over any related amounts recognised. Related amounts recognised may relate to contributions by owners, AASB 15 revenue or contract liability recognised, lease liabilities in accordance with AASB 16, financial instruments in accordance with AASB 9, or provisions in accordance with AASB 137. The liability is brought to account as income over the period in which the entity satisfies its performance obligation. If the transaction does not enable the entity to acquire or construct a recognisable non-financial asset to be controlled by the entity, then any excess of the initial carrying amount of the recognised asset over the related amounts is recognised as income immediately. Where the fair value of volunteer services received can be measured, a private sector not-for-profit entity can elect to recognise the value of those services as an asset where asset recognition criteria are met or otherwise recognise the value as an expense

AASB 15 Revenue from Contracts with Customers The company has adopted AASB 15 from 1 July 2019. The standard provides a single comprehensive model for revenue recognition. The core principle of the standard is that an entity shall recognise revenue to depict the transfer of promised goods or services to customers at an amount that reflects the consideration to which the entity expects to be entitled in exchange for those goods or services. The standard introduced a new contract-based revenue recognition model with a measurement approach that is based on an allocation of the transaction price. This is described further in the accounting policies below. Credit risk is presented separately as an expense rather than adjusted against revenue. Contracts with customers are presented in an entity’s statement of

100 Annual Report 2019 – 2020 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020 financial position as a contract liability, a contract asset, or a receivable, depending on the relationship between the entity’s performance and the customer’s payment. Customer acquisition costs and costs to fulfil a contract can, subject to certain criteria, be capitalised as an asset and amortised over the contract period.

Impact of adoption At 1 July 2019, the date of initial application of AASB 15 and AASB 1058, there was no impact on retained earnings of the company. The impact of the disclosures under AASB 15 and AASB1058 compared with the previous revenue Accounting Standards is as follows:

New Previous Difference $ $ $

Contract assets - - -

Other current assets - - -

Contract liabilities 1,518,092 - 1,518,092

Other current liabilities - 1,518,092 1,518,092

Net assets - - -

AASB 16 Leases The company has adopted AASB 16 from 1 July 2019. The standard replaces AASB 117 ‘Leases’ and for lessees eliminates the classifications of operating leases and finance leases. Except for short-term leases and leases of low-value assets, right-of-use assets and corresponding lease liabilities are recognised in the statement of financial position. Straight- line operating lease expense recognition is replaced with a depreciation charge for the right-of-use assets (included in operating costs) and an interest expense on the recognised lease liabilities (included in finance costs). In the earlier periods of the lease, the expenses associated with the lease under AASB 16 will be higher when compared to lease expenses under AASB 117. However, EBITDA (Earnings Before Interest, Tax, Depreciation and Amortisation) results improve as the operating expense is now replaced by interest expense and depreciation in profit or loss. For classification within the statement of cash flows, the interest portion is disclosed in operating activities and the principal portion of the lease payments are separately disclosed in financing activities.

Impact of adoption The company has elected to adopt AASB 16 retrospectively with the cumulative effect of initially applying AASB 16 recognised at the date of initial application (1 July 2019). Consequently, the comparative period has not been restated. The reclassifications and the adjustments arising from the new leasing rules are therefore recognised in the opening statement of financial position on 1 July 2019.

Annual Report 2019 – 2020 101 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

On transition to AASB 16, the company elected to measure all applicable leases previously classified as operating leases under AASB 117 at an amount equal to the lease liability, adjusted by the amount of any prepaid or accrued lease payments relating to the leases recognised in the statement of financial position immediately before the date of initial application.

These lease liabilities were measured at the present value of the remaining lease payments, discounted using the lessee’s incremental borrowing rate as of 1 July 2019. The weighted average lessee’s incremental borrowing rate applied to the lease liabilities on 1 July 2019 was 5%.

The impact of adoption was as follows:

1 July 2019 $

Operating lease commitments as at 1 July 2019 (AASB 117) 1,521,194

Less: operating leases not subject to IFRS 16 -

Plus: additional future lease payments for expected extension options -

Discounted using the entity’s incremental borrowing rate (224,131)

Lease liability recognised at 1 July 2019 1,297,063

The lease liability is split between the following balances:

Current lease liability 355,380

Non-current lease liability 941,683

Total lease liability recognised at 1 July 2019 1,297,063

A right-of-use asset is recognised at the date of initial application at an amount equal to the lease liability adjusted by the amount of any prepaid or accrued lease payments relating to that lease recognised in the Statement of Financial Position immediately before the date of initial application. This is summarised below:

1 July 2019 $

Right-of-use asset (recognised at 1 July 2019) 1,297,063

Total right-of-use asset 1,297,063

102 Annual Report 2019 – 2020 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

(b) Revenue Revenue from contracts with customers Revenue is recognised at an amount that reflects the consideration to which the company is expected to be entitled in exchange for transferring goods or services to a customer. For each contract with a customer, the company: identifies the contract with a customer; identifies the performance obligations in the contract; determines the transaction price which takes into account estimates of variable consideration and the time value of money; allocates the transaction price to the separate performance obligations on the basis of the relative stand-alone selling price of each distinct good or service to be delivered; and recognises revenue when or as each performance obligation is satisfied in a manner that depicts the transfer to the customer of the goods or services promised.

Variable consideration within the transaction price, if any, reflects concessions provided to the customer such as discounts, rebates and refunds, any potential bonuses receivable from the customer and any other contingent events. Such estimates are determined using either the ‘expected value’ or ‘most likely amount’ method. The measurement of variable consideration is subject to a constraining principle whereby revenue will only be recognised to the extent that it is highly probable that a significant reversal in the amount of cumulative revenue recognised will not occur. The measurement constraint continues until the uncertainty associated with the variable consideration is subsequently resolved. Amounts received that are subject to the constraining principle are recognised as a refund liability.

Grants Grant revenue is recognised in profit or loss when the company satisfies the performance obligations stated within the funding agreements.

If conditions are attached to the grant which must be satisfied before the company is eligible to retain the contribution, the grant will be recognised in the statement of financial position as a liability until those conditions are satisfied.

Interest Interest revenue is recognised as interest accrues using the effective interest method. This is a method of calculating the amortised cost of a financial asset and allocating the interest income over the relevant period using the effective interest rate, which is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset to the net carrying amount of the financial asset.

Other revenue Other revenue is recognised when it is received or when the right to receive payment is established.

Annual Report 2019 – 2020 103 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

(c) 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.

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

(e) Trade and other receivables Trade receivables are initially recognised at fair value and subsequently measured at amortised cost using the effective interest method, less any allowance for expected credit losses. Trade receivables are generally due for settlement within 30 days.

The company has applied the simplified approach to measuring expected credit losses, which uses a lifetime expected loss allowance. To measure the expected credit losses, trade receivables have been grouped based on days overdue.

(f) Property, Plant and Equipment Each class of property plant and equipment is carried at cost or fair value 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 flows which will be received from the assets employment and subsequent disposal. The expected net cash flows have not been discounted to present values in determining recoverable amounts

104 Annual Report 2019 – 2020 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

Depreciation The depreciable amount of all fixed 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. The depreciation rates and useful lives used for each class of depreciable assets are:

Depreciation Class of fixed asset Depreciation basis rates/useful lives

Plant & Equipment 25 - 40 % Straight Line

Motor Vehicles 12.5 % Straight Line

Furniture & Fixtures 5 - 10 % Straight Line

The residual values, useful lives and depreciation methods are reviewed, and adjusted if appropriate, at each reporting date.

(g) Impairment of non-financial assets Non-financial assets are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount may not be recoverable. An impairment loss is recognised for the amount by which the asset’s carrying amount exceeds its recoverable amount.

(h) 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 Taxation Office. 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.

(i) Employee Benefits Provision is made for the company’s liability for employee benefits arising from services rendered by employees to balance date. Employee benefits expected to be settled within one year together with benefits 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 benefits payable later than one year have been measured at the present value of the estimated future cash outflows to be made for those benefits.

Annual Report 2019 – 2020 105 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

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

(j) Critical accounting judgements, estimates and assumptions The preparation of the financial statements requires management to make judgements, estimates and assumptions that affect the reported amounts in the financial statements. Management continually evaluates its judgements and estimates in relation to assets, liabilities, contingent liabilities, revenue and expenses. Management bases its judgements, estimates and assumptions on historical experience and on other various factors, including expectations of future events, management believes to be reasonable under the circumstances. The resulting accounting judgements and estimates will seldom equal the related actual results. The judgements, estimates and assumptions that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities (refer to the respective notes) within the next financial year are discussed below.

Estimation of useful lives of assets The company determines the estimated useful lives and related depreciation and amortisation charges for its property, plant and equipment and finite life intangible assets. The useful lives could change significantly as a result of technical innovations or some other event. The depreciation and amortisation charge will increase where the useful lives are less than previously estimated lives, or technically obsolete or non-strategic assets that have been abandoned or sold will be written off or written down.

Employee benefits provision As discussed in note (h), the liability for employee benefits expected to be settled more than 12 months from the reporting date are recognised and measured at the present value of the estimated future cash flows to be made in respect of all employees at the reporting date. In determining the present value of the liability, estimates of attrition rates and pay increases through promotion and inflation have been taken into account.

Lease term The lease term is a significant component in the measurement of both the right-of-use asset and lease liability. Judgement is exercised in determining whether there is reasonable certainty that an option to extend the lease or purchase the underlying asset will be exercised, or an option to terminate the lease will not be exercised, when ascertaining the periods to be included in the lease term. In determining the lease term, all facts and circumstances that create an economical incentive to exercise an extension option, or not to exercise a termination option, are considered at the lease commencement date. Factors considered may include the importance of the asset to the company’s operations; comparison of terms and conditions to prevailing market rates; incurrence of significant penalties; existence of significant leasehold improvements; and the costs and disruption to replace the asset. The company reassesses whether it is reasonably certain to exercise an extension option, or not exercise a termination option, if there is a significant event or significant change in circumstances.

106 Annual Report 2019 – 2020 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

Incremental borrowing rate Where the interest rate implicit in a lease cannot be readily determined, an incremental borrowing rate is estimated to discount future lease payments to measure the present value of the lease liability at the lease commencement date. Such a rate is based on what the company estimates it would have to pay a third party to borrow the funds necessary to obtain an asset of a similar value to the right-of-use asset, with similar terms, security and economic environment.

2020 2019 $ $ NOTE 2: PROFIT FROM ORDINARY ACTIVITIES Profit (losses) from ordinary activities has been determined after: (a) Revenue and Net Gains Grant funding 12,605,318 11,613,435 Interest Income 29,012 38,693 Net gain on disposal of non-current assets - 1,694 Other Income & Services 325,470 177,334 Total Income 12,959,800 11,831,156

(b) Other Expenses Board expenses 30,208 37,062 Insurances 80,404 82,953

Motor vehicle expenses 107,805 123,816 PBC direct funding 665,945 499,152 Photocopying & Printing 48,946 6,053 Repairs & Maintenance (incl minor equipment replacement) 137,080 135,668 Resources 63,390 26,257 Subscriptions 65,816 71,985 Telephone 110,198 195,587 Training & professional development 32,937 44,881 Other expenses 307,153 197,276

Total Expenses 1,649,882 1,420,690

NOTE 3: CASH AND CASH EQUIVALENTS Cash on hand 525 496 Cash at bank 4,025,353 4,349,982 4,025,878 4,350,478

Annual Report 2019 – 2020 107 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

2020 2019 $ $ NOTE 4: TRADE AND OTHER RECEIVABLES Trade Receivables 175,162 186,538 Provision for doubtful debts (76,176) (82,367) Prepayments 113,366 131,145 212,352 235,316

Credit Risk - Trade and Other Receivables The company does not have any material credit risk exposure to any single receivable. The following table details the company’s trade and other receivables exposed to credit risk with ageing analysis and impairment provided for thereon. Amounts are considered as ‘past due’ when the debt has not been settled within the terms and conditions agreed with the customer or counter party to the transaction. Receivables that are past due are assessed for impairment and are provided for where there are specific circumstances indicating that the debt may not be fully repaid. The balances of receivables that remain within initial trade terms (as detailed in the table) are considered to be of high credit quality.

Ageing Total Less Past Due Past Due Past Past Due of Trade than 31-60 61-90 Due <90 and 30 Days Days Days Days Impaired $ $ $ $ $ $

2020 Trade 175,162 45,228 2,877 16,999 110,058 76,176 Receivables

2019 Trade 186,538 38,256 8,083 23,811 116,388 82,367 Receivables

108 Annual Report 2019 – 2020 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

2020 2019 $ $

NOTE 5: PROPERTY, PLANT AND EQUIPMENT

Land & Building - at cost 996,129 996,129 Less accumulated depreciation (657,369) (603,562) 338,760 392,567

Plant and equipment - at cost 494,833 480,125 Less accumulated depreciation (379,762) (319,073) 115,071 161,052

Motor vehicles – at cost 403,263 403,263 Less accumulated depreciation (133,333) (82,926) 269,930 320,337

Office equipment - at cost 353,149 342,856 Less accumulated depreciation (326,423) (315,999) 26,726 26,857

Total property, plant and equipment 750,487 900,813

An independent valuation of the land and building at 31 Commercial Road Mount Isa QLD was performed by Herron Todd White. The last stated market value of land and buildings is $500,000 as at 7 February 2017.

Annual Report 2019 – 2020 109 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

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 financial year.

Land and Plant and Motor Office Building Equipment Vehicles Equipment Total $ $ $ $ $

2020

Balance at the 392,567 161,052 320,337 26,857 900,813 beginning of the year

Additions - 24,356 - 10,293 34,649

Disposals - (3,945) - - (3,945)

Depreciation expense (53,807) (66,392) (50,407) (10,424) (181,030)

Carrying amount 338,760 115,071 269,930 26,726 750,487 at end of year

2020 2019 $ $ NOTE 6: RIGHT-OF-USE ASSETS AND LEASE LIABILITIES (a) Right-Of-Use Assets Land and buildings – right-of-use 1,297,063 - Less: Accumulated depreciation (432,354) - Carrying amount 864,709 -

(b) Lease Liabilities CURRENT Lease liabilities 429,399 - 429,399 -

NON CURRENT Lease liabilities 479,661 - 479,661 -

110 Annual Report 2019 – 2020 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

2020 2019 $ $

NOTE 7: TRADE AND OTHER PAYABLES

CURRENT Trade creditors and accruals 218,094 159,606 Sundry creditors 224,557 297,968 442,651 457,574

NOTE 8: PROVISIONS CURRENT Employee benefits - Annual Leave & Time in Lieu Provision 458,200 479,435 Employee benefits - Long Service Leave Provision 503,472 492,313 961,672 971,748

NON CURRENT Employee benefits - Long Service Leave Provision 24,252 31,423 24,252 31,423

NOTE 9: CONTRACT LIABILITIES CURRENT Income in Advance – Unexpected Grant Funds 1,518,092 2,121,081

NOTE 10: RELATED PARTY TRANSACTIONS The names of directors who have held office during the financial year are: Colleen May Wall Bernie Yates Julie Finlayson Craig North Pele Bennet Margaret Stephenson Glenn Ferguson Wayne Denning

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.

No transactions have occurred during the year with related parties other than normal remuneration for services rendered.

NOTE 11: ECONOMIC DEPENDENCE Economic dependency exists where the normal trading activities of a company depends upon a significant volume of business. Queensland South Native Title Services Limited is dependent on grants received from the Department of the Prime Minister and Cabinet to carry out its normal activities.

Annual Report 2019 – 2020 111 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

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

2020 2019 $ $

NOTE 12: CASH FLOW INFORMATION

(a) Reconciliation of cash Cash at the end of the financial year as shown in the statement of Cash Flows is reconciled to the related items in the statement of financial position as follows:

Cash on hand 525 496 Cash at the bank 4,025,353 4,349,982 4,025,878 4,350,478

(b) Reconciliation of cash flow from operations with profit from ordinary activities after income tax

Profit/(Loss) from ordinary activities after income tax 92,918 (148) Non-cash flows in profit from ordinary activities Depreciation 613,384 204,998 Impairment loss Net (gain)/loss on disposal of property, plant and - (1,694) equipment Provision for doubtful debts (6,191) 8,791 Changes in assets and liabilities: (lncrease)/decrease in prepayments 17,779 (16,741) (lncrease)/decrease in trade receivables 11,376 (69,235) lncrease/(decrease) in trade and other payables (14,923) (181,278) lncrease/(decrease) in contract liabilities (602,989) 1,272,061 lncrease/(decrease) in provisions (17,247) (50,931) Cash flows from operations 94,107 1,165,823

c) Non-cash investing and financing activities Right-of-use asset 1,297,064 - 1,297,064 -

112 Annual Report 2019 – 2020 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

NOTE 13: FINANCIAL RISK MANAGEMENT (i) Financial Risk Management Policies The company’s financial instruments consist mainly of cash and deposits at bank, trade debtors and trade creditors. The Board of Directors guides the company in meeting its financial targets, whilst minimising potential adverse effects on financial performance. The total of each category of financial instruments, measured in accordance with AASB 9 are detailed below:

2020 2019 $ $ Financial Assets Cash and Cash Equivalents 4,025,878 4,350,478 Trade and Other Receivables 212,352 235,316 4,238,230 4,585,794

Financial Liabilities Trade and Other Payables 442,651 457,574 Income in Advance - Unspent Grant Funds 1,518,092 2,121,081 1,960,743 2,578,655

(ii) Interest Rate Risk Exposure to interest rate risk arises on financial assets and financial liabilities recognised at reporting date whereby future changes in interest rates will affect future cash flows or the fair value of fixed rate financial instruments.

(iii) Liquidity Risk Liquidity risk arises from the possibility that the company might encounter difficulty in settling its debts or otherwise meeting its obligations related to financial liabilities. The company manages this risk through the following mechanisms: • preparing forward looking cash flow analysis in relation to its operational, investing and financing activities; • maintaining a reputable credit profile; • investing only in surplus cash with major financial institutions; and • comparing the maturity profile of financial liabilities with the realisation profile of financial assets.

Annual Report 2019 – 2020 113 FINANCIAL REPORT

Notes to the Financial Statements for the year ended 30 June 2020

(iv) Credit Risk Exposure to credit risk relating to financial assets arises from the potential non- performance by counter parties of contract obligations that could lead to a financial loss to the company. Credit risk is managed through the maintenance of procedures ensuring to the extent possible, that customers and counter parties to transactions are of sound credit worthiness. Such monitoring is used in assessing receivables for impairment.

Risk is also minimised through investing surplus funds in financial institutions that maintain a high credit rating, or in entities that the Board and management have otherwise cleared as being financially sound. The maximum exposure to credit risk at balance date to recognised financial assets is the carrying amount as disclosed in the statement of financial position and notes to the financial statements. The company does not have any material credit risk exposure to any single debtor or group of debtors.

NOTE 14: CONTINGENT LIABILITIES The company had no known contingent liabilities as at 30 June 2020.

NOTE 15: EVENTS SUBSEQUENT TO REPORTING DATE No matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the company, the results of those operations, or the state of affairs of the company in future financial years.

NOTE 16: COMPANY DETAILS The registered office of the company is:

Queensland South Native Title Services Limited Level 10, 307 Queen Street BRISBANE QLD 4000

Date of Incorporation: 2 June 2005

114 Annual Report 2019 – 2020 FINANCIAL REPORT

Directors’ Declaration for the year ended 30 June 2020

The directors of the company declare that:

1. The financial statements and notes, as set out on pages 95 to 114 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 financial position as at 30 June 2020 and of the performance for the financial 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______Bernie Yates Pele Bennet

Dated: 25 November 2020

Annual Report 2019 – 2020 115 FINANCIAL REPORT

Independent Audit Report to the Members of Queensland South Native Title Services Limited for the year ended 30 June 2020

Tel: +61 7 3237 5999 Level 10, 12 Creek St Fax: +61 7 3221 9227 Brisbane QLD 4000 www.bdo.com.au GPO Box 457 Brisbane QLD 4001 Australia

REPORT ON THE AUDIT OF THE FINANCIAL REPORT

Opinion We have audited the financial report of Queensland South Native Title Services Limited (the Company), which comprises the statement of financial position as at 30 June 2020, the statement of profit or loss and other comprehensive income, the statement of changes in equity and the statement of cash flows for the year then ended, and notes to the financial report, including a summary of significant accounting policies, and the directors’ declaration.

In our opinion the accompanying financial report of Queensland South Native Title Services Limited, is in accordance with the Corporations Act 2001, including:

i. Giving a true and fair view of the Company’s financial position as at 30 June 2020 and of its financial performance for the year ended on that date; and ii. Complying with Australian Accounting Standards – Reduced Disclosure Requirements and the Corporations Regulations 2001.

Basis for Opinion We conducted our audit in accordance with Australian Auditing Standards. Our responsibilities under those standards are further described in the Auditor’s responsibilities for the audit of the Financial Report section of our report. We are independent of the Company in accordance with the Corporations Act 2001 and the ethical requirements of the Accounting Professional and Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants (including Independence Standards) (the Code) that are relevant to our audit of the financial report in Australia. We have also fulfilled our other ethical responsibilities in accordance with the Code.

We confirm that the independence declaration required by the Corporations Act 2001, which has been given to the directors of the Company, would be in the same terms if given to the directors as at the time of this auditor’s report.

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

BDO Audit Pty Ltd ABN 33 134 022 870 is a member of a national association of independent entities which are all members of BDO Australia Ltd ABN 77 050 110 275, an Australian company limited by guarantee. BDO Audit Pty Ltd and BDO Australia Ltd are members of BDO International Ltd, a UK company limited by guarantee, and form part of the international BDO network of independent member firms. Liability limited by a scheme approved under Professional Standards Legislation.

116 Annual Report 2019 – 2020 FINANCIAL REPORT

Independent Audit Report to the Members of Queensland South Native Title Services Limited for the year ended 30 June 2020

Tel: +61 7 3237 5999 Level 10, 12 Creek St Fax: +61 7 3221 9227 Brisbane QLD 4000 www.bdo.com.au GPO Box 457 Brisbane QLD 4001 Australia

Material uncertainty related to going concern We draw attention to Note 1 in the financial report which describes the events and/or conditions which give rise to the existence of a material uncertainty that may cast significant doubt about the entity’s ability to continue as a going concern and therefore the entity may be unable to realise its assets and discharge its liabilities in the normal course of business. Our opinion is not modified in respect of this matter.

Other Information The directors are responsible for the other information. The other information obtained at the date of this auditor’s report is information included in the Director’s report and the Detailed Profit and Loss for the year ended 30 June 2020, but does not include the financial report and our auditor’s report thereon.

Our opinion on the financial report does not cover the other information and accordingly we do not express any form of assurance conclusion thereon.

In connection with our audit of the financial report, our responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial report or our knowledge obtained in the audit, or otherwise appears to be materially misstated.

If, based on the work we have performed on the other information obtained prior to the date of this auditor’s report, we conclude that there is a material misstatement of this other information, we are required to report that fact. We have nothing to report in this regard.

Responsibilities of the directors for the Financial Report The directors of the Company are responsible for the preparation of the financial report that gives a true and fair view in accordance with Australian Accounting Standards – Reduced Disclosure Requirements and the Corporations Act 2001 and for such internal control as the directors determine is necessary to enable the preparation of the financial report that gives a true and fair view and is free from material misstatement, whether due to fraud or error.

In preparing the financial report, the directors are responsible for assessing the Company’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the directors either intend to liquidate the Company or to cease operations, or has no realistic alternative but to do so.

BDO Audit Pty Ltd ABN 33 134 022 870 is a member of a national association of independent entities which are all members of BDO Australia Ltd ABN 77 050 110 275, an Australian company limited by guarantee. BDO Audit Pty Ltd and BDO Australia Ltd are members of BDO International Ltd, a UK company limited by guarantee, and form part of the international BDO network of independent member firms. Liability limited by a scheme approved under Professional Standards Legislation.

Annual Report 2019 – 2020 117 FINANCIAL REPORT

Independent Audit Report to the Members of Queensland South Native Title Services Limited for the year ended 30 June 2020

Tel: +61 7 3237 5999 Level 10, 12 Creek St Fax: +61 7 3221 9227 Brisbane QLD 4000 www.bdo.com.au GPO Box 457 Brisbane QLD 4001 Australia

Auditor’s responsibilities for the audit of the Financial Report Our responsibility is to express an opinion on the financial report based on our audit. Our Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of this financial report.

A further description of our responsibilities for the audit of the financial report is located at the Auditing and Assurance Standards Board website (http://www.auasb.gov.au/Home. aspx) at: http://www.auasb.gov.au/auditors_responsibilities/ar4.pdf

This description forms part of our auditor’s report.

Michael Cutri Director BDO Audit Pty Ltd

Brisbane, 25 November 2020

BDO Audit Pty Ltd ABN 33 134 022 870 is a member of a national association of independent entities which are all members of BDO Australia Ltd ABN 77 050 110 275, an Australian company limited by guarantee. BDO Audit Pty Ltd and BDO Australia Ltd are members of BDO International Ltd, a UK company limited by guarantee, and form part of the international BDO network of independent member firms. Liability limited by a scheme approved under Professional Standards Legislation.

118 Annual Report 2019 – 2020 FINANCIAL REPORT

Detailed Profit and Loss for the year ended 30 June 2020

2020 2019 $ $ INCOME Grant funding 12,605,318 11,613,435 Interest Income 29,012 38,693 Net gain on disposal of non-current assets - 1,694 Other Income & Services 325,470 177,334 Total Income 12,959,800 11,831,156

LESS EXPENSES Audit fees – internal 51,435 26,329 Audit fees – financial 38,236 28,236 Advertising 107,922 112,028 Bad debts written off 17,347 3,380 Bank charges 9,657 15,905 Board fees & associated expenses 30,208 37,062 Building lease interest 50,512 - Catering, venue hire & meetings 251,522 194,596 Computer expenses & IT Support 183,027 287,135 Consultancy fees - anthropological 545,909 694,874 Consultancy fees - legal 1,886,598 931,286 Consultancy fees - research & facilitators 18,866 27,585 Consultancy fees - other 23,079 - Corporate expenses 105,152 75,250 Depreciation 613,384 204,998 Insurance 80,404 82,953 Resources & Stationery 66,251 28,556 Motor vehicle expenses (incl vehicle hire) 107,805 123,182 Office & general expenses 206,077 134,960 PBC direct funding 665,945 499,153 Postage 30,036 38,205

Annual Report 2019 – 2020 119 FINANCIAL REPORT

Detailed Profit and Loss for the year ended 30 June 2020

Printing and photocopying 48,946 6,053 Rent - office - 517,972 Repairs, maintenance and minor replacements 137,080 167,568 Salaries and on costs 6,073,243 5,868,971 Subscriptions 65,816 71,985 Superannuation 529,841 522,650 Telephone & communications 110,198 195,587 Training & professional development 32,937 44,881 Traveling & accommodation expenses 779,449 889,964 (incl consultant travel) TOTAL EXPENSES 12,866,882 11,831,304

OPERATING SURPLUS/(LOSS) 92,918 (148)

120 Annual Report 2019 – 2020