2011-2012 ANNUAL REPORT Queensland South Native Title Services

1 2 LETTER OF TRANSMITTAL

The Honourable Jenny Macklin MP Minister for Families, Housing, Community Services and Indigenous Affairs Parliament House CANBERRA ACT 2600

30 September 2012

Dear Minister,

I am pleased to present the 2011 – 2012 Annual Report for Queensland South Native Title Services Limited (QSNTS).

This report is provided in accordance with the Australian Government’s Department of Families, Housing, Community Services and Indigenous Affairs 2010-11 general terms and conditions relating to the native title funding agreements under the Native Title Act 1993 (Cth), s203FE(1). The report includes independently audited financial statements for the financial year ending 30 June 2012.

Thank you for supporting the work of QSNTS.

Yours sincerely,

Colleen Ma’run Wall Chairperson Queensland South Native Title Services

i TABLE OF CONTENTS

Letter of Transmittal...... i Table of Contents...... 1 Glossary...... 3 Contact DETAILS...... 5 Chairperson Report...... 7 CEO Report...... 8 QSNTS Overview...... 11 • Region...... 12 • Background...... 13 • Vision...... 14 • Values...... 14 • Role...... 14 • Functions...... 14 • Corporate Governance...... 15 • Key Features and Structures...... 15 • Organisational Structure...... 15 • Strategic Plan...... 16 • Operational Plan...... 19

1 Performance Report...... 20 • Review of Performance...... 21 • Outputs Table...... 29 • Narrative Claim Performance Reports...... 30 • Future Acts...... 33 • Financial Performance Review...... 35 • Summary Financial and Resources Table...... 36 Corporate GOVERNANCE...... 36 • Governance...... 37 • Planning and Reporting...... 41 • Risk Management...... 41 • Ethical Standards...... 42 • Remuneration...... 42 • External Scrutiny...... 43 Human Resources Report...... 44 • Workforce Planning, and Staff Retention...... 45 • Learning and Development...... 46 • QSNTS Enterprise Agreement 2009-2011...... 45 • Workplace Health and Safety...... 46 • Looking Ahead...... 47 • Consultants, Competitive Tendering and Contracting...... 48 Financial Statements...... 49 Index...... 74

2 GLOSSARY

• Applicant – the person or persons authorised by the native title claim group to represent the group in matters arising under the Native Title Act 1993 (Cth) 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 titile, or a compensation application under s61 of the Native Title Act 1993 (Cth). Also referred to as a native title determination application or a native title application.

• 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 concerned. The Native Title Act 1993 (Cth), or Native Title Act, refers to the recognition of these rights and interests by the Federal Court of Australia.

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

3 CEO Chief Executive Officer

CFO Chief Financial Officer

CMT Case management team

FaHCSIA Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs

ILUA Indigenous land use agreement

NNTT National Native Title Tribunal

NTA Native Title Act 1993 (Cth)

NTDA Native title determination application

NTRB Native title representative body

NTSP Native title service provider

PBC Prescribed body corporate

PLO Principal Legal Officer

QSNTS Queensland South Native Title Services Limited

TRIM Total Records Information Management

4 QSNTS CONTACT DETAILS QSNTS Annual Report Contact Media and Communications Officer, Sophia Walter. Brisbane Head Office The 2011-12 QSNTS Annual Report is available online Level 4, 370 Queen Street at http://qsnts.com.au/index.cfm?contentID=27 Brisbane, Q 4000 PO Box 10832, Adelaide Street Brisbane, Q 4000 Annual Report Photography Di O’Rorke Diana Romano P 07 3224 1200 – 1800 663 693 Hank Wymarra Michael Vance F 07 3229 9880 Michelle Nieuwkamp Outback Photographics E [email protected] Paul Dunn Peta Mason W www.qsnts.com.au Lars Falcongreen Sophia Walter Tony Eales Regional Offices Rockhampton Cover Artwork 63 Clifton Street, Berserker North From remote Northwest Queensland to urban PO Box 3677, Red Hill Southeast Queensland Rockhampton, Q 4701 Artist: Murray Belford, Pitta Pitta man For more about cover artist: P (07) 4926 9891 | 1800 663 693 http://www.yessy.com/jebelford/gallery.html E [email protected] Photo: Quandamooka country Mount Isa 31-33 Commercial Road Design and layout PO Box 1948, Mount Isa, Q 4825 SuckerPunch Design

P (07) 4743 1322 | 1800 663 693 Copyright QSNTS 2012 E [email protected] w 5 Executive REPORTS

6 Chairperson Report

On behalf of the Board of Directors, I have the honour of presenting the Queensland South Native Title Services 2011-12 Annual Report. This past year has been a most extraordinary and gratifying experience as Chair of the energetic and meticulous team that makes up QSNTS. The Board of Directors and staff have worked in unison to bring about some significant initiatives and incredible outcomes across our region.

This reporting period saw achievements within the QSNTS vision that lived up to traditional owner native title aspirations and which I feel were beyond expectation. This extremely significant year brought our region’s first native title consent determinations. The very first month of this fiscal year we celebrated with the Quandamooka people and marked July 4th as a day that will stay in our hearts and minds forever. It was certainly a privilege to stand beside such motivated and relieved Elders on such a joyous occasion.

Five months later on 12 December we were celebrating a similar outcome with the Kalkadoon people in Mt Isa. We were treated to a fabulous night of celebration that again marked the end of a long and tiring fight for native title recognition.

The next celebration was with Gunggari on 22 June: a fitting end to an endless year of research, travel, consultation meetings and legal preparation that while taking its toll on our staff also filled them with much pride. The teams that worked behind the scenes of each significant event are most valuable assets in delivering a consistent service to the sector.

In conjunction with these three major achievements delivered this year, the service has been working to deliver more similar outcomes scheduled for the next financial year.

For the QSNTS Board, 2011-12 saw increased participation by the Directors in several major QSNTS native title events. Apart from the Determinations mentioned above, the Directors have attended the National Native Title Conference, participated in the Amnesty International Indigenous Human Rights Debate and undertook several planning days.

June saw another successful National Native Title Conference in Queensland again convened by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) but this time hosted by the North Queensland Land Council (NQLC). We were welcomed to the traditional lands of the Wulgurakaba and Bindal Peoples, the traditional owners of the wider Townsville area. We were treated to a Mabo celebration of a special kind with a program that delivered a variety of workshops and speakers that added pride as well as regret but also much valuable debate into our sphere of influence. I am proud to say that members of the Board initiated an inaugural, formal gathering of our fellow board members from across Australia to participate in debating some significant topics that specifically affect our particular responsibilities as board members but also focused on ongoing development of our particular member groups.

My fellow Board Members – Arabella Douglas, James William, Michael Cawthorn and Bernie Yates – and I are most proud to present an Annual Report that marks so many milestones in our term of office.

Yours faithfully

Colleen Ma’run Wall Chairperson Queensland South Native Title Services

7 CEO REPORT

The twentieth anniversary of the Mabo decision towards the end of the 2011 – 2012 financial year was a reminder of the foundation principles for which we, at Queensland South Native Title Services, strive. In the spirit of Eddie Koiki Mabo, we are working to turn the tide on more than 200 years of struggle, and give the Aboriginal people of Queensland South long overdue recognition of their traditional ownership of their country.

The 2011 – 2012 financial year was the first time QSNTS achieved this goal. The region’s first native title consent determinations – for the Quandamooka, Kalkadoon and Gunggari Peoples – were handed down by the Federal Court and celebrated by the claim groups, putting points on the scoreboard for QSNTS’ evidence based approach to native title resolution.

I am pleased to present the 2011 – 2012 Annual Report, detailing and evaluating the year’s activities.

Chief Executive Officer Kevin Smith and Chairperson Colleen Ma’Run Wall at the Pitta Pitta native title consent determination court hearing

Summary of significant issues and developments The native title consent determinations were the most significant events of the year. Intensive case management by QSNTS and a cooperative environment with the State and other respondent parties saw resolutions for traditional owners who had worked for native title recognition for well over a decade. The commitment of claimants in the face of these extended timeframes, and all the changes to the native title system that are associated with those years, is inspiring.

Negotiation of Indigenous land use agreements (ILUAs) has formed an important foundation for native title resolutions throughout the region. The Kalkadoon People’s consent determination alone saw 41 ILUAs registered with the National Native Title Tribunal, and it is hoped the Woorabinda Social Housing and Home Ownership ILUA and the Woorabinda Rehabilitation Facility ILUA between the Wadja People, Gangulu Nation and the Queensland Government will provide tangible benefits for the Woorabinda community.

8 The reporting period has also been an exciting year for research and identifying ‘right people for country’ in the region. New research projects in the Darling Downs, Central Queensland and Northwest Queensland have joined with the already established Southeast Regional Research Project (SERRP) in clarifying traditional owners in the region’s native title aspirations. In addition, five new native title determination applications were filed on behalf of claim groups in the region, with subsequent registration demonstrating success in the management of the QSNTS research process.

The improvement of client services was a major focus of the reporting period, and was achieved through a number of initiatives including the establishment of a dedicated Client Relations Unit and the opening of a new regional office in Rockhampton. The initiatives have led to improved communication between QSNTS and clients, and streamlined processes for client travel and meetings.

A highlight of the reporting period was the National Native Title Conference, co-convened by the Australian Institute for Aboriginal and Torres Strait Islander Studies and the North Queensland Land Council on the traditional lands of the Wulgurakaba and Bindal Peoples in Townsville. More than twenty staff and all five members of the QSNTS Board attended the event, joining with members of the native title community – both traditional owners and native title professionals – to share stories and lessons learnt. Held on the anniversary of the Mabo decision, it was a proud opportunity to promote reform of the native title system to deliver better outcomes for traditional owners.

QSNTS Board of Directors: James William, Arabella Douglas, Bernie Yates, Colleen Ma’run Wall and Michael Cawthorn.

9 Overview of performance and financial results QSNTS faces the challenge of allocating limited resources across a large client base that spans regional, remote and urban areas. Despite those challenges, every effort is made to ensure that resources are allocated equitably having regard to court orders, organisational priorities and the research timetable. QSNTS applies an evidence- based, project management approach to case management that is delivered through a multi-disciplinary team. Through this business model, QSNTS achieved its key operational performance targets in 2012 and was able to reallocate resources to meet emerging needs that were largely precipitated by unforeseen court orders.

The establishment of the Client Relations Unit (CRU) was an integral step in improving our capability to deal with planned and unplanned activity. Meeting costs and logistics demands a large proportion of budget and organisational energy and the establishment of the CRU assisted significantly in achieving performance targets. The CRU plays an important linchpin between service delivery and finance units and the synergies will only strengthen with time.

The Corporate division plays an important role in the development, implementation and reporting of the operational plan. The attainment of quality organisational and operational outcomes within budget as evidenced by the audit report points to the efficiency and appropriateness of QSNTS governance and financial control. In a year when the service delivery arm of the organisation reveled in some major wins, I would like to emphasise the team effort that made those outcomes possible and acknowledge Paul Davies, the Chief Financial Officer, and the Corporate team for their great efforts. Outlook for the coming year Positive outcomes for Queensland South’s traditional owners look set to continue with the Pitta Pitta People of Northwest Queensland achieving a native title consent determination in August 2012, and the Jinibara People of Southeast Queensland scheduled for a native title consent determination hearing in November 2012. A number of other claim groups in the region are closing in on resolution of their native title claims.

We are looking forward to more QSNTS-commissioned connection reports being delivered, and are hoping for the cooperative environment to continue with the new Queensland Government.

I would like to acknowledge the QSNTS Board of Directors – Chairperson Colleen Ma’run Wall, Deputy Chairperson Bernie Yates, and Directors James William, Michael Cawthorn and Arabella Douglas. Their energetic participation in the work of Queensland South Native Title Services and the native title arena more broadly has been invaluable.

Finally, I thank the staff, stakeholders, and most importantly the clients of QSNTS for their drive and commitment, which has heralded the momentum we are now experiencing.

I submit the CEO Report for your consideration.

Kevin Smith CEO Queensland South Native Title Services

10 QSNTS OVERVIEW

11 QSNTS is the native title service provider within the region displayed below. We aim to assist traditional owners in realising their aspirations to native title. To achieve this, our primary service is statutory assistance. We also seek capacity development opportunities and promote reform of the native title system.

Mt Isa

NORTH WEST REGION NORTH EAST REGION Rockhampton Bundaberg Birdsville Charleville Roma Quilpie SOUTH EAST SOUTH CENTRAL REGION SOUTH WEST REGION REGION St George Brisbane

12 BACKGROUND (a) All the functions of a representative body; or (b) Specified functions of a representative body; Following the High Court’s landmark Mabo and Others v Queensland (No 2) decision of 1992 which Either generally or in relation to one or more overturned the doctrine of terra nullius, the Native specified matters. Title Act 1993 (Cth) (NTA) was passed. The NTA was established to provide a framework for Aboriginal QSNTS Ltd was registered as a public company Peoples and Torres Strait Islanders to gain recognition on 2 June 2005 by the Australian Securities and of their rights and interests to traditional lands and Investments Commission. Later that month, QSNTS waters. As a consequence, a network of Native Title was invited to apply for funding under s 203 FE Representative Bodies (NTRB) and Native Title (1) of the NTA by the Commonwealth Government. Service Providers (NTSP) was established throughout On 7 July 2005, the then Minister for Immigration, Australia to provide services in accordance with the Multicultural and Indigenous Affairs granted funding NTA to assist Aboriginal Peoples and Torres Strait to QSNTS as a Native Title Service Provider for the Islanders in pursuing recognition of native title rights southern region of Queensland. and interests. QSNTS Ltd is a public company limited by guarantee Since the passage of the NTA, various organisations under the Corporations Act 2001 (Cth). It is have provided native title services for the southern governed by the QSNTS Constitution which specifies region of Queensland. However, due to a number that the objective of the company is to provide native of legislative amendments and reviews, the title services to the traditional owners of the land and Commonwealth Government withdrew its recognition waters in the Queensland South area. of these organisations, and native title services in the area ceased on 22 June 2005. Under s 203FE (1): Further amendments in 2008 to amalgamate representative bodies and land councils in the The Secretary of the Department may make funding region makes QSNTS now one of the country’s available to a person or body, by way of a grant or largest native title organisations, representing over in any other way the Secretary considers appropriate, half the state of Queensland. A regional presence is for the purpose of enabling the person or body to maintained with offices located in Rockhampton and perform, in respect of a specified area for which Mount Isa, and the head office is located in Brisbane. there is no representative body:

Pitta Pitta country

13 title applications, future acts, Indigenous land use VISION agreements and any other matter related to native title. Realising Traditional Owners’ aspirations to land and S 203BE Certification waters through professional native title services. QSNTS certifies native title applications and applications for the registration of Indigenous VALUES land use agreements.

At QSNTS we recognise and respect cultural and S 203BF Dispute Resolution other diversity. QSNTS provides assistance in promoting agreement between clients regarding native title applications by We provide culturally appropriate services in conducting consultations, negotiations, mediation and ways that are: other native title and related proceedings. QSNTS provides mediation services between client groups • Professional • Collaborative regarding native title claim issues such as claim • Accountable • Openly communicated boundary overlaps and shared apical ancestors. ROLE S 203BG Notification QSNTS ensures notices that relate to the land and QSNTS is the Native Title Service Provider (NTSP) waters wholly or partly within the QSNTS region are for the southern half of Queensland. brought to the attention of native title holders and claimants and advise them of relevant time limits to QSNTS is a company limited by guarantee, funded respond to such notices. under s 203 FE (1) of the Native Title Act 1993 (Cth) to carry out the functions of a representative body S 203BH Agreement Making as prescribed in the NTA. QSNTS participates as a party in Indigenous land QSNTS provides the full range of statutory use agreements where appropriate, consulting services through Native Title claims (NTDAs), with and having regard to the interests of native future acts, Indigenous land use agreements, title claimants. capacity development and reform. S 203BI Internal Review QSNTS provides a process whereby clients can seek FUNCTIONS review of the decisions and actions executed in the implementation of statutory services. QSNTS provides native title services to Aboriginal Peoples and Torres Strait Islanders in the southern half of Queensland. The following primary functions S 203BJ Other Functions of the organisation are prescribed by the Native Title QSNTS conducts other functions related to native Act 1993 (Cth): title that aim to improve the native title system to deliver better results for traditional owners. S 203BB Facilitation and Assistance Examples of these functions include reform, capacity development and negotiating agreements such as QSNTS conducts or facilitates the research and memorandums of understanding. preparation of native title applications, and represents or facilitates representation in native title related proceedings. These include consultations, mediation, negotiations and proceedings relating to native

14 Corporate Governance

The QSNTS governance structure consists of a Board of Directors and Executive who are responsible for the organisation’s operational (case management) and non-operational (corporate) activity. For more detail about governance at QSNTS, please refer to the Corporate Report on Page 37. Key Features and Structures Organisational Structure QSNTS continues to make operational enhancements designed to improve service delivery and accountability. A major change during the reporting period was the establishment of the Client Relations Unit which aims to ensure Traditional Owners are well informed and feel respected in their dealings with QSNTS through streamlined processes and proactive communication. More information is provided on Page 28.

Below is the organisational chart, as at 30 June 2012.

Board of Directors

Chief Executive Executive Assistant Officer

Principal Chief Client Executive Assistant Financial Relations Legal Officer Officer Coordinator

Information Geospacial Legal and Records Human Community Media and Deputy Principal Finance Resources Events Relations Communications and Research Administration Management Coordination Legal Officer

Case Management Teams

Research Future Acts Legal

15 STRATEGIC PLAN

Realising Traditional Owners’ aspirations to land and waters through professional native title services eform tutory Servic R Sta es

v acity De elopme Cap nt

Our strategic priorities: QSNTS fulfils its functions through a service delivery model founded on the assertion that 1. Achieve positive and equitable native title has a vital role to play in delivering outcomes for claim groups through recognition and justice for Aboriginal provision of statutory services Peoples and Torres Strait Islanders. QSNTS takes an approach that aims to enhance 2. Build the evidence base and Traditional Owners’ capacity for autonomy by capacity for agreement making developing a three-pronged holistic service delivery model based on Statutory Services, 3. Provide options and utilise alternative Reform, and Capacity Development. agreement procedures for resolution

4. Implement communication and business development strategy

5. Support QSNTS’ People to be the best they can be

16 Statutory Services To deliver a complete range of statutory services to realise our clients’ aspirations. 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’ and resolving disputes that may arise in identifying the claim group and certification of the claim for lodgement with the Federal Court.

Please refer to the Performance Report on Page 20 Mithaka Country for more specific details about QSNTS’ legal and research assistance during the reporting period. Future Acts A future act is a proposed activity that may affect native title, for example mining, exploration, compulsory acquisition, tourism and other development. Under the Native Title Act 1993 (Cth) and Aboriginal Cultural Heritage Act 2011 (Qld), a registered native title claim has certain rights which include the right for Applicants (representatives of a native title claim) to be notified and consulted on future acts that may affect their native title rights and interests.

Most future acts are notified under section 24 of the Native Title Act. As the native title service provider for the region, QSNTS receives future acts notices and forwards them to the relevant native title claim Applicants. QSNTS provides registered Applicants with assistance in understanding the process so that they may 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 section 29 of the Native Title Act. Where a right to negotiate applies, QSNTS provides a service representing the registered native title Applicants in negotiation and arbitration of future Morgan Green Jnr getting ready to dance at the NAIDOC celebrations acts if necessary.

17 NAIDOC Musgrave Park Family Fun Day stall: Michelle Nieuwkamp, Leah Campbell, Gabby Ward, Zoe Symons, Sophia Walter and Shakira Hansen Indigenous Land Use Agreements (ILUAs) Reform An ILUA is a negotiated agreement between To reform and improve the native title system. native title groups and other parties (for example, government, pastoralists and utility companies) QSNTS seeks to improve and reform the Native about the use and management of land and waters Title Act so that it delivers better outcomes for in a certain area. ILUAs are provided for under the Traditional Owners by advocating for legislative Native Title Act. They are used as a mechanism to and administrative reform of the native title system. resolve certain native title issues through a negotiated Proposed legislative changes include reversing the process as an alternative to costly and time onus of proof, disregarding extinguishment and consuming litigation processes. A registered ILUA streamlining the native title determination process. is legally binding for the parties to the agreement Proposed administrative changes include exploring and native title holders. broader land settlements, alternative procedure regimes and enhancing the ability of Applicants QSNTS provides facilitation assistance and to engage in the process. representation in negotiating, resolving and certifying registration of ILUAs. Please refer to Page 25 for more details about QSNTS’ Reform activities during the reporting period. Please refer to the Performance Report on Page 20 for more details about QSNTS’ ILUA negotiations during the reporting period. w 18 Capacity Development To enhance clients’ capacity to be autonomous in pursuing their rights and interests.

QSNTS aims to promote Capacity Development as an integral part of the broader native title process that enables Aboriginal Peoples and Torres Strait Islanders to take advantage of the native title system.

QSNTS provides a range of services to Prescribed Bodies Corporate (PBCs) including facilitation, legal assistance and funding. More specifically, claim groups approaching the post-determination phases of their claims receive support including governance training, assistance with the development of corporation rule books, assistance in the organisation of meetings, and certification and negotiation assistance.

In addition, QSNTS participates in annual NAIDOC Week celebrations providing an opportunity for staff to meet with traditional owners from around the state with goals including community engagement, promoting understanding of the native title system, and promoting the profile of QSNTS in assisting traditional owners to achieve their native title aspirations.

QSNTS also takes regular opportunities to present on the native title realm in a range of settings, including universities, workshops and conferences. Operational Plan QSNTS’ operational plan is built from milestones identified by the organisation’s Case Management Teams (CMTs). CMTs report monthly, assessing their achievement of these milestones and identifying activity outcomes, activity history and activity commentary/outputs. The Chief Financial Officer uses the CMT reports to evaluate expenditure and determine a budget.

QSNTS’ Operational Plan for the reporting period was submitted to the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs in May 2011.

Gunggari country: Maranoa River w 19 PERFORMANCE REPORT

20 REVIEW OF PERFORMANCE Introduction The 2011 - 2012 financial year was epitomised by four consent determinations: the first ever native title consent determinations in the Queensland South region. These events have energised the organisation and proven the QSNTS approach of following the evidence is delivering results for traditional owners of the region.

This performance report outlines these and other key achievements by QSNTS in line with the strategic and operational plans: that is, according to statutory services, capacity development, reform and organisational capability. The achievements are quantified in the Outputs Table on Page 29. A narrative discussion of significant trends in the region throughout the region and relevant future developments concludes.

w 21 Determinations to June 30 2012

Native title determinations in the Queensland South region at 30 June 2012: Quandamooka People 1 and 2, Gunggari People #2, Kalkadoon #4, Castle Hills, Ilfracombe Shire Council, Blackwater Accommodation Village.

22 example that positive native title outcomes can be Statutory Services achieved in developed areas other than remote and QSNTS’ primary functions as a native title regional Australia. service provider are to provide statutory services for traditional owners in the region. Throughout the The two Quandamooka People native title reporting period, QSNTS has directly represented determination areas cover the majority of North native title holders and claimants in native title related Stradbroke Island, Peel Island, Goat Island, Bird proceedings, assisted with the certification and Island, Stingaree Island, and approximately 30 000 registration process of native title applications and hectares of the Moreton Bay Marine Park area. ILUAs, assisted in dispute resolution, and facilitated future act notifications. A number of key milestones Kalkadoon Consent Determination have been achieved throughout the financial year, as follows. The Kalkadoon People’s traditional rights and interests to close to 40 000 square kilometres in and around Mount Isa were recognised in an Quandamooka Consent Determinations historic native title consent determination on 12 A 16 year battle for native title recognition saw victory December 2011. More than forty parties agreed for the Quandamooka People of North Stradbroke to the determination, bringing Aboriginal people, Island in historic consent determinations at Dunwich pastoralists, mining interests and all three levels on 4 July 2012. of government together to make history in the northwest Queensland mining town. The determinations were hugely significant for a number of reasons. For the Quandamooka People, The complex claim was first filed in 1996 but raced it was a testament to the strength of the traditional ahead after it was prioritised for resolution by the laws and customs of their people to survive the Federal Court in 2010. Intensive case management colonisation process on the doorstep of a capital by QSNTS and the commitment and hard work of city in Southeast Queensland. For traditional the claim group saw the Kalkadoon People achieve owners across Queensland South, it signified this tremendous outcome for some 3000 people hope of resolution as the first native title consent representing 29 apical ancestors who form the determinations in the region. And for traditional claim group. owners around the country, it proved a powerful

Before the Kalkadoon consent determination: Smoking ceremony with Jess Ahwang and Uncle Clive Sam

23 Celebrating the Gunggari consent determination: Gunggari Elders, including Aunty Ethel Munn in purple, with QSNTS claim legal officer Craig Reiach

Gunggari Consent Determination Woorabinda Housing and Rehabilitation Gunggari Elder Aunty Ethel Munn proclaimed Centre ILUAs Registered “National Gunggari Day” following the Gunggari Historic Indigenous land use agreements that People’s native title consent determination on aim to bring tangible benefits in the form of social 22 June 2012. housing and a rehabilitation centre to the central Queensland township of Woorabinda were registered The Gunggari People first filed a native title in November 2011. application in March 1996. Various amendments were made to that application in 1998, and in 2001 The Woorabinda Social Housing and Home the application was effectively split into two parts. Ownership ILUA and the Woorabinda Residential An ILUA in relation to the first part, between the Rehabilitation Facility ILUA were registered by the State of Queensland and the Gunggari People, National Native Title Tribunal after more than a year resulted in a successful handover of land at of negotiations between the Wadja People, the Dunkeld in October 2010. Gangulu Nation and the Queensland Government. QSNTS provided facilitative support throughout the The determination was the first on mainland Southern process including certification of the agreements. Queensland and spans approximately 13 600 square kilometres within the Balonne, Murweh and Maranoa Shire Councils.

24 The social housing ILUA gives Aboriginal people in Woorabinda the opportunity to own their homes through the grant of 99 year leases over Aboriginal Freehold land. The area subject to the agreement covers about 9 hectares within the Woorabinda Aboriginal Shire Council area. The rehabilitation facility ILUA will provide a residential program for Woorabinda residents with drug and alcohol addictions. Research During the reporting period, a number of new claims were registered with the National Native Title Tribunal with research and legal assistance from QSNTS. Those were:

• Wakka Wakka People #3, #4 and #5 • Maiawali People • Kooma People #4 • Mitakoodi People • Wulli Wulli People #2

QSNTS is also undertaking research projects to determine ‘right people for right country’ in Southeast, Central and Northwest Queensland, and the Darling Downs. More information is detailed on Page 31. Reform The twentieth anniversary of the Mabo decision saw several opportunities for QSNTS to promote reform of the native title system to deliver improved outcomes for traditional owners in the region. A roundtable event with preeminent native title experts, media interviews and a National Native Title Conference 2012 forum are examples the activities QSNTS Chief Executive Officer Kevin Smith participated in. Following is a list of some of the speaking engagements promoting reform by QSNTS staff: Queensland Law Society’s Annual Alternative Dispute Resolution Conference CEO Kevin Smith examined alternative dispute resolution within the native title arena, applying historical, legal, institutional and cultural lenses to creative dispute resolution.

Gunggari country: Maranoa River at Mitchell

25 Legalwise Native Title Conference: Mabo 20 Years Deputy PLO Wati Qalotaki explored the lessons to be learnt from the Quandamooka People’s native title claim over Moreton Bay and North Stradbroke Island. Mabo: Twentieth Anniversary roundtable Hosted by the University of Queensland and facilitated by ABC Radio National’s Paul Barclay, CEO Kevin Smith joined The Honourable Michael Kirby AC CMG, Les Malezer, Graeme Neate, Jonathan Fulcher and Margaret Stephenson on a panel reviewing the native title outcomes achieved over the past twenty years and the limitations of the High Court’s Mabo decision. It aired on ABC’s Big Ideas in August. Amnesty International Indigenous Human Rights Debate QSNTS Chairperson Colleen Wall and CEO Kevin Smith presented on the human rights of Aboriginal and Torres Strait Islander Peoples in Queensland at an Amnesty International conference at Parliament House in Brisbane in October. The event aimed to engage with the United Nations Declaration on the Rights of Indigenous People, and search for solutions to major failures in the governance, law enforcement and administration of justice experienced by Indigenous Queenslanders.

Alongside barrister Dan O’Gorman, Colleen opened the day’s program with a presentation titled “The Queensland Justice System and its dealings with Aboriginal and Torres Strait Islander Peoples: Where to from here?” Kevin was involved in debate around the human rights themes and challenges that ran throughout the conference. Native Title Amendment Bills CEO Kevin Smith, in his role as Deputy Chairperson of the National Native Title Tribunal, presented to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Native Title Amendment Bill proposed by Greens Senator Rachel Siewart. Many of the key reforms advocated for by the National Native Title Council have been isolated and included in a new, simplified Amendment Bill.

26 Capacity Development Queensland Law Society’s Equalising Support for Prescribed Bodies Corporate Opportunities in the Law CEO Kevin Smith participated in Lawlink, the QSNTS provided a range of services to Prescribed Queensland Law Society’s Equalising Opportunities Bodies Corporate (PBCs) including facilitation, legal in the Law Committee program aimed at encouraging assistance and funding over the reporting period. and supporting Indigenous law undergraduates to More specifically, claim groups approaching the post- enter a career in law. determination phases of their claims received support including governance training, assistance with the Presentations discussed the portability of formal development of corporation rule books, assistance legal training to other professions and importance of in the organisation of meetings, and certification finishing a law degree, being admitted and working and negotiation assistance. as a lawyer, the evolution of native title over the past twenty years, and the benefits and challenges of NAIDOC Week working as a lawyer in the native title representative QSNTS continued annual participation in NAIDOC body system. Week celebrations by holding a stall at the Musgrave Park Family Fun Day in Brisbane in July 2011. Organisational Capability The event provided an opportunity for staff to meet Intense organisational planning in 2010 established with traditional owners from around the state with a strong foundation for organisational capability goals including community engagement, promoting during the reporting period. An emphasis on understanding of the native title system, and solidifying policies and procedures continued with the promoting the profile of QSNTS in assisting traditional contracting of a dedicated Project and Policy Officer. owners to achieve their native title aspirations.

Native title expert presents at QSNTS: Professor Robert Williams, QSNTS Chairperson Colleen Wall, National Native Title Tribunal President Graeme Neate and QSNTS CEO Kevin Smith

27 Tim Wishart ahead of the negotiation of groundbreaking Indigenous land use agreements in Woorabinda: Tim was appointed as Principal Legal Officer in March 2012

Making the most of a grant from the Federal Attorney- Tim Wishart appointed PLO General’s Native Title Anthropologist Grants Program, QSNTS announced the appointment of Mr Tim QSNTS invited senior native title researchers Dr Fiona Wishart as the Principal Legal Officer in March 2012. Skyring, Dr Tony Redmond and Dr Kevin Mayo to Tim had acted in the position of Principal Legal present to staff. The inspirational full-day workshops Officer since September 2011, and was successful provided opportunities to learn about current research following an extensive recruitment exercise. practices and emerging trends.

Tim was admitted as solicitor of the Supreme Court of Acclaimed Indigenous law expert Professor Robert Queensland in 1991 after undertaking his degree at Williams from the University of Arizona also shared Queensland University of Technology. He has primarily his vast experience and knowledge on Indigenous worked in small firms as a generalist commercial human rights in a special presentation to QSNTS lawyer and litigator and joined QSNTS as a Senior staff and invited guests in the new financial year. Legal Officer in August 2010. He has formed a The presentation, titled “Why Are Some Native strong operational team, played an integral role on Nations More Successful than Others?” gave an the Executive team, and forged important stakeholder insightful analysis of development approaches for relations with the Federal Court, FaHCSIA, State Indigenous nations. Government departments and Crown Law. QSNTS Board raises profile Client Relations Unit Launched The QSNTS Board of Directors engaged thoroughly QSNTS launched a new division in September in native title in the region by attending numerous designed to deliver improved services to clients. events including native title determinations and the The Client Relations Unit aims to ensure traditional National Native Title Conference. In April, the Board owners are well informed and feel respected in their undertook an intensive Board Planning Workshop dealings with QSNTS through streamlined processes to assist in guiding the strategic direction of the and proactive communication. organisation. The significant implications for the way QSNTS delivers services to clients are continuing to QSNTS staff learn from native title experts be developed in preparation for a new Strategic Plan, due for completion in late 2012. QSNTS’ commitment to supporting staff in their professional development has been demonstrated by presentations by high profile native title experts at the QSNTS head office during the past six months.

28 Outputs 2011-2012 Facilitation and Assistance: Number 1. The Claims Experience Claimant applications 23

Active claims represented at 30 June 2011 23

Plus claims filed by QSNTS 5

Less claims determined 4

Less claims dismissed 0

Less claims withdrawn 0

Plus or less any other 0

Active claims represented at 30 June 2012 24

Number of these claims registered by National Native Title Tribunal 24

Claims in development 17

Non-claimant applications 0

Compensation claims 1 2. The Agreements Experience Future act notices received 2273

Responses to future acts 2273

Agreements concluded 14

Agreements in development 7

ILUAs concluded and registered 57

ILUAs in development 57 Complaints and Disputes Complaints received 22

Complaints resolved 22

Complaints pending resolution 0

Disputes relating to native title applications 15

Disputes relating to ILUAs, rights of access and other matters 1

Requests for review of decisions not to assist 0

Requests received 0

Reviews completed 0

29 Narrative Discussion QSNTS represents the following native title claim groups:

• Kalkadoon • Darumbal • Pitta Pitta • Yulluna • Gungarri • Mardigan • Maiawali • Wangan & Jagalingou • Boonthamurra • Mandandanji • Wakka Wakka • SBK Yetimarala • Kullilli • Kanolu • Woppaburra • Budjiti • Mithaka • Kooma • Mitakoodi • Wadja • Kunja • Quandamooka • Jinibara • Butchulla

• Port Curtis Coral Coast Kalkadoon dancers perform to famous Kalkadoon artist William Barton’s didgeridoo • Bularnu Waluwarra Wangkayujuru • Sunshine Coast / Gubbi Gubbi / Kabi

Within the region there were a number of trends influencing QSNTS’ performance in assisting these claims according to the organisation’s statutory functions. An analysis of these follows. Consent determinations The 2011-12 financial year’s greatest successes were the achievement of the region’s first consent determinations. The celebration of this recognition of QSNTS clients’ traditional laws and customs was an energising and motivating force for the organisation and the region’s native title claimants. It provided support for QSNTS’ evidence-based approach as the best way for traditional owners to pursue native title recognition.

The consent determinations were also an indication of the State Government’s amenable attitude to resolving native title claims in the region.

Aunty Joan Hendriks and other Quandamooka traditional owners celebrate the native title determinations at Dunwich Public Hall, North Stradbroke Island.

30 Research outcomes QSNTS is proud to report that research in the region during the reporting period has led to the identification of claim groups with potential to make native title determination applications. In the past, QSNTS has generally provided and carried out research assistance only under section 203BB(1) (a) of the Native Title Act. QSNTS has modified this approach by firstly undertaking research under s203BJ(b) function:

S203BJ(b) - as far as is reasonably practicable, identify persons who may hold native title in the area for which the body is the representative body

Once ‘right people, right country’ are identified, the S203BB(1)(a) representation and research function will be provided.

In addition to the South East Regional Research Project (SERRP) established last financial year to determine native title interests in Southeast Queensland, QSNTS is now undertaking research projects in the Darling Downs, Central Queensland and Northwest Queensland. We look forward to the ongoing successes of these projects.

Bringing the spirit of Eddie Koiki Mabo to the Quandamooka consent Service to clients determinations: the Mabo family joined the Quandamooka native title celebrations on 4 July 2011 QSNTS maintains a commitment to assisting traditional owners to realise their aspirations to land and waters. This is done by providing culturally Claim resolution environment appropriate native title services that are professional, The claim resolution environment has clearly been accountable, collaborative and openly communicated. positive, evidenced by the consent determinations QSNTS’ commitment to high quality service to in the region. An additional trend causing tension clients was demonstrated by the establishment of has, however, been apparent in some regions. As the a dedicated Client Relations Unit during the financial future act environment in relation to gas and mineral year. The Unit has succeeded in streamlining mining and infrastructure development in certain processes to improve the experience of participation regions presents financial opportunities, the potential in the native title process for clients. for private firms to become involved has been apparent. Resulting dissent within claim groups and QSNTS seeks to respond to complaints from QSNTS the use of future act benefits for funding have caused clients about QSNTS operations, services or staff some negative outcomes in the region. promptly and with a view to continuously improving QSNTS service quality. QSNTS continues to encourage intra- and inter- Indigenous disputes to be resolved in confidential mediation, and promotes an evidence-based approach to the pursuit of native title aspirations.

31 Developments affecting future operations Future native title consent determinations QSNTS is pleased to report that a number of native Reforms title claim groups in the region are progressing quickly A number of reforms to the native title system have towards native title resolution. The Pitta Pitta People been announced over the past six months that of Northwest Queensland achieved recognition of may affect QSNTS operations. On 8 May 2012, their native title rights and interests on 28 August the Federal Government announced it aimed to 2012 in Boulia. Similarly, the Jinibara People native improve the efficiency of the native title system by title claim over approximately 3000 square kilometres implementing institutional reform transferring native in Southeast Queensland has been set down for title claims’ mediation functions from the National a native title consent determination hearing on Native Title Tribunal (NNTT) to the Federal Court 20 November 2012. of Australia. The reforms aim to improve alignment and allocation of functions, and increase the rate of We look forward to ongoing successes in the claims resolution. Importantly they will preserve the achievement of Queensland South’s traditional NNTT’s status as a statutory authority and ensure a owners’ native title aspirations. continuing role with a strengthened focus on future acts functions. Opening of a second regional office The QSNTS Rockhampton Office opened in Further reforms were announced by Attorney-General July 2012, celebrating with a stall at NAIDOC Nicola Roxon at the National Native Title Conference celebrations in the central Queensland city. on 6 June 2012. The proposed amendments to the Rockhampton was chosen as a convenient hub for Native Title Act will: QSNTS to provide native title services to clients because many QSNTS clients live in Rockhampton, – clarify the meaning of ‘good faith’ under the ‘right Woorabinda and the surrounding area. Also, the to negotiate’ provisions and make associated Federal Court holds regional Directions Hearings amendments to ‘right to negotiate’ provisions; in Rockhampton and there are regular and reliable – enable parties to agree to disregard historical transport options to the city. extinguishment of native title in areas such as parks and reserves; and The Rockhampton Office joins the Mount Isa Office as QSNTS’ regional branches. – streamline Indigenous land use agreement (ILUA) processes. This will include simplifying the process for minor amendments to ILUAs, improving objection processes for area ILUAs and clarifying the coverage of ILUAs.

Minister for Families, Housing, Community Services and Indigenous Affairs Jenny Macklin announced terms of reference for a review of native title organisations at the Conference. The review aims to ensure the system is delivering for Indigenous people and communities as the native title system matures and the role of native title organisations changes. QSNTS welcomes the review and the opportunity to meet the evolving needs of the system and particularly the needs of native title holders after claims have been resolved.

A service charter outlining QSNTS service commitment and approach has been drafted and is expected to be made available in the next reporting period. Native Title Survival Kit

32 Future Acts

Under s203BG of the Native Title Act, QSNTS is required to fulfil notification functions. This means the organisation seeks to ensure that, as far as reasonably practicable, notices that are received by QSNTS that relate to the land and waters wholly or partly within the area represented are brought to the attention of native title holders or claimants, and advise them of relevant time limits to respond.

During the reporting period, QSNTS received 1531 section 24 notifications, 272 section 29 notifications and 405 other notifications (Native Title Protection Conditions, ILUA-related tenures, and other miscellaneous notices). Please see the following tables for further information.

Section 29 Notifications Tenement Type Total number of Number of notices Type notices received (Groups represented by QSNTS) EP RTN

ATP/EPP 13 1 0 13 EPC 85 7 85 0 EPM 156 16 154 2 MDL 8 0 0 8 ML 10 2 0 10 PL 0 0 0 0 SP 0 0 0 0 Total 272 26 239 33

Mithaka Country

33 Objection Applications OBJECTION APPLICATION NUMBER OF STATUS APPLICATIONS

Objection Lodged 27 Active Objection Applications 3 Finalised Objection Applications 52 Finalised Objection Withdrawn Agreement 32 Finalised Objection Withdrawn – No Agreement 5 (NTPCs) Finalised Objection Dismissed 13 Finalised Prior to Acceptance 2

Agreement Making Negotiations Negotiations Negotiations Active Tenements Commenced Finalised Negotiations Abandoned

ATP 1 1 3 0 EPM and EPC 14 13 4 5 ML 0 0 0 0 Other 0 0 0 0 Total 15 14 7 5

34 Financial Performance Report

The 2011/12 reporting period has seen a 16% funding increase from QSNTS’ funding body, FaHCSIA. This increase in funding has been used predominately for costs associated with achieving Consent Determinations, providing funding assistance for a claim set down for trial, and claim activity which resulted in unforseen expenditure on the services of external providers (which led to positive results).

As a result of the capital upgrades of 2010/11, QSNTS expenditure in this area decreased significantly during the reporting period. An emphasis was placed on collecting evidence through interviews and field trips and this resulted in an overall increase in travel and meeting expenses. Consultant expenditure increased significantly, largely as a result of a necessity to brief out a number of claims.

Eighty-three per cent of nominated claim objectives were completed during the reporting period and most that weren’t achieved were due to delays in the outcome of research. Subject to FaHCSIA approval, most unexpended funds have been taken up by accruals or commitments, leaving a funding surplus of $273,182, or two per cent of budget. Red Tailed Black Cockatoo QSNTS Functions (1) Actual (2) Budget (3) Actual (4) Variation (funds utilised 2010-11 2011-12 2011-12 (column 2 minus under funding column 3) agreement) Expenditure

Capital 586,161.00 205,000.00 163,517.00 41,483.00

Activities 6,994,257.00 9,408,552.00 7,598,666.00 1,809,886.00

Corporate 2,244,695.00 2,874,741.00 2,802,083.00 72,658.00

Commitments 1,419,292.00 1,650,845.00 -1,650,845.00 Total 11,244,405.00 12,488,293.00 12,215,111.00 273,182.00

35 CORPORATE REPORT

36 Colleen Ma’Run Wall, President GOVERNANCE and Chairperson

QSNTS maintained its governance structure Colleen is a Dauwa Kabi woman. consisting of a Board of Directors and Executive team. In 1992, after years of working in the bush, Colleen left Mount Isa to work for Arts Queensland Board of Directors in Brisbane. There she managed QSNTS’ six Board Members – Chairperson the Aboriginal and Torres Strait Islander programs Colleen Ma’run Wall, Deputy Chairperson Bernie for fourteen years, creating groundbreaking initiatives Yates, and Directors Michael Cawthorn, Bernie including the Indigenous Regional Arts Development Yates and Arabella Douglas – continued to provide Fund, the Quinkin Regional Centre and the Gab Titui. strategic direction to the organisation throughout the Colleen also published ‘Reality of a Dark History’ reporting period. and co-authored ‘Making Connections’. Colleen has delivered community, youth and arts training to QSNTS’ Constitution outlines specific instructions Aboriginal and Torres Strait Islander students and for the composition of the Board of Directors. At delivers cultural training to Griffith University allied least one third of the Board must be of Aboriginal health and physiotherapy students. She was involved and/or Torres Strait Islander descent (now more in ‘sustainable desert communities’ research through than half). The Board should reflect a thorough the Griffith University in partnership with the Desert approach to native title in Queensland South Knowledge Centre Alice Springs and delivered arts by consisting of Traditional Owners and people programs in Birdsville. from legal, anthropological, government and corporate backgrounds. Colleen is Executive Officer of the Aboriginal and Torres Strait Islander Women’s Legal and Advocacy Five Board Meetings were held during the reporting Service and a Director of Nguin Warrup, an Aboriginal period. The following reports are provided in advance and Torres Strait Islander owned company that of Board Meetings: runs cultural programs and provides arts industry development in the Greater Brisbane area as well – Operational Report as select projects across Queensland. – Financial Position and Outlook Report Bernie Yates, Vice President – Human Resourcing Position and Outlook Report and Director – Client Advocacy Report Bernie currently works part-time as a volunteer or consultant, – Client Relations Unit and Stakeholder particularly with Indigenous Relations Report organisations and government – Strategic Overview – CEO Report agencies to help improve how they work together. Before retiring in 2010 from the Resolutions are passed, minuted, tracked and Australian public service, Bernie worked in a range disposed of as a regular part of decision making. of federal government agencies with policy and service delivery responsibilities including treasury; employment and industrial relations; and, from 2002 to 2010, in Indigenous affairs with ATSIC, DIMIA and FaHCSIA.

In recent years Bernie was involved in developing the Federal Government’s Closing the Gap strategy and reforming how government agencies do business with Indigenous organisations with an aim of reducing red- tape and providing more certain and simplified funding

37 arrangements. Bernie also represented the Australian Arabella Douglas, Director Government at the United Nations Permanent Forum Arabella is an Indigenous woman on Indigenous Issues. He is currently an ex officio from the Bundjalung nation in director of Miwatj Health Aboriginal Corporation in far north New South Wales. Her East Arnhem Land. Bernie comes from Broken Hill professional experience includes in western NSW and has four adult children and native title law, housing policy, three grandchildren. environment, local government and planning law, criminology, anti-discrimination work James William, Director and Aboriginal education. James is a Kulkalgal Ya man from Yorke Island (Masig) in the Torres Arabella is the Social Sustainability Manager for Strait. He has lived and worked Lend Lease Barangaroo South and was a lecturer in South East Queensland for at Sydney’s University of Notre Dame, Director of over twenty years. He has over Regional Services for the NSW Department of Human fifteen years of engagement Services’ Aboriginal Housing Office, and she owns experience working with Aboriginal and Torres Strait an Indigenous accommodation and events company Islander peoples and their communities. He has called Connecting Dots Pty Ltd. Arabella is also worked extensively in the Queensland public sector currently undertaking an MBA with the University in key portfolios including housing, training, of New South Wales. employment and economic development with a specific focus on Indigenous Australians. Since 2009, James has established an extensive private and public sector portfolio of projects as a professional consultant working with major clients involved in significant business transactions with Indigenous Australians. To date his career highlights include working on significant mining and coal seam gas projects and achieving a credible reputation as a specialist advisor to companies in the mining, energy and construction industries.

Michael Cawthorn, Director Michael is a consultant anthropologist. He was formerly deputy Director of the Museum and Art Gallery of the Northern Territory (MAGNT) Southern Region and the Strehlow Research Centre. He has previously worked as an anthropologist with the Strehlow Research Centre and the Ngaanyatjarra Council in Western Australia. Michael was the manager of the Return of Indigenous Cultural Property (RICP) Program for the Northern Territory and Vice President of Museums Australia (NT). His professional experience includes negotiation and land access agreements, management of research agendas, cultural heritage protection and digital repatriation.

Gunggari country: Maranoa River

38 Executive Management At the close of the reporting period, the QSNTS Executive consisted of Chief Executive Officer Kevin Smith, Chief Financial Officer Paul Davies and Principal Legal Officer Tim Wishart. The CEO is responsible for the leadership and management of QSNTS. The CFO is responsible for legislative and grant compliance, management of corporate and financial services and governance policy decisions. The PLO is responsible for managing the legal section of QSNTS and for ensuring the effective provision of QSNTS services to clients. Tim Wishart was appointed as the Principal Legal Officer in March 2012 after having acted in the position from September 2011. Shahzad Rind was the PLO prior to this. Where possible, the Executive meets weekly.

Former Premier Anna Bligh, Quandamooka Applicant Ian Delaney and Queensland South Native Title Services CEO Kevin Smith

Kalkadoon smoking ceremony: Tim Wishart and Uncle Clive Sam before the Kalkadoon consent determination court hearing

39 Kevin Smith Kevin Smith, Chief Executive Officer, is a descendant of the Meriam Peoples of the Torres Strait with traditional connections to Ugar (Stephen Island) and Erub (Darnley Island). Kevin has nearly twenty years’ professional experience in Indigenous affairs including 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, the National Native Title Council and Aboriginal Hostels Limited (AHL).

In 2008, Kevin successfully led the amalgamation and incorporation of the former Gurang and Greater Mount Isa native title representative body areas into Queensland South Native Title Services (QSNTS) operations. Kevin holds qualifications in both law and business management from the University of Queensland. He was admitted as a solicitor in 1994.

Tim Wishart Tim Wishart, Principal Legal Officer, was admitted as solicitor of the Supreme Court of Queensland in 1991 after undertaking his degree at Queensland University of Technology as a part-time external student. Tim has primarily worked in small firms as a generalist commercial lawyer and litigator. He joined QSNTS as a senior legal officer in August 2010 and was appointed Principal Legal Officer in March 2012.

Paul Davies Paul Davies, Chief Financial Officer, is originally from near Gin Gin in central Queensland and was admitted as a Certified Practicing Accountant in 2003 after studying at Queensland University of Technology. Paul has worked in a range of roles in the public and not for profit sector, including for the Queensland Government and the National Health Service in the United Kingdom. Paul previously worked for the Gurang Land Council (Aboriginal Corporation) and was involved in the QSNTS amalgamation and incorporation in 2008. Gunggari country: Maranoa River

40 Managing risk is also integrated within aspects Planning and Reporting of Human Resources Management and includes the assessment of risk (identifying, analysis and QSNTS’ Strategic Plan 2010 – 2013 guides the prioritisation) and development of strategies to organisation’s strategic focus. QSNTS reviews its mitigate or control the risk. Part of this process performance against the Operational Plan every includes workforce planning and providing dedicated four months, reporting to FaHCSIA tri-annually. structure around HR issues. Accurate records are essential when managing issues such as Case Management Teams hold monthly meetings remuneration, industrial relations and employment to review their claims and budgets to determine if conditions. Adequate levels of Workcover are the milestones will be achieved. Each team member maintained at all times. contributes to a regular claim update report which is delivered to the Principal Legal Officer.

Performance of claims is also monitored by the Federal Court of Australia’s assessment of the progress of native title determination applications. Claims are managed according to a strict schedule which is reviewed by the Court as often as required to ensure the timelines are met. Risk Management

QSNTS undertakes a number of risk management strategies. The TRIM records management system allows for the secure storage of all documents. Security settings are continuously reviewed and updated ensuring employees only have access to Board Planning Day: Director Arabella Douglas, Senior Legal Officer documents relevant to their needs to make sure Paul Richards and Director James William appropriate information barriers are in place to preserve solicitor-client confidentiality. In addition, the need for a business continuity strategy has been identified and is planned for development in the next reporting period. Operationally, QSNTS adopts a project management approach to case management planning that incorporates a risk matrix.

QSNTS allocates 15% of its operational budget to the holding of events, ranging from large scale authorisation meetings to research field trips. Conducting seamless events allow us to maximise the transaction of business within budgetary and time constraints. To address the risk of inefficiencies in event management, during the reporting period QSNTS reviewed and updated relevant policies and procedures, and two new specialist event coordinator positions were established early in the reporting period. Gunggari consent determination: Elder Uncle Wally Saunders with QSNTS Research Officer Diana Romano

41 Ethical Standards Remuneration of staff

All QSNTS employees are expected to maintain high Remuneration of staff is determined by the QSNTS standards of integrity, honesty and fair dealing and Enterprise Agreement 2011-2013. Salary scales to conduct themselves at all times so as to avoid within the document correspond to a Competency actions which may adversely impact the interests or Framework that outlines the Key Performance good standing of the organisation. More specifically, Indicators of each classification level. All QSNTS QSNTS employees are required to recognise and employees, including senior management, are respect cultural diversity, and provide culturally engaged on a ‘performance based salary’ basis, appropriate services in ways that are: which is designed to facilitate the provision of feedback to employees and managers, identify • Professional; learning and development needs and assess staff performance. • Accountable;

• Collaborative; and Staff are entitled to up to two pay increases each year, subject to satisfactory performance. The first • Openly communicated. is an increment increase within their designated During the reporting period, QSNTS contracted classification level on 1 July each year. The second QSNTS contracted a Project and Policy Officer, is a percentage based increase, determined by Nancy Francois, to assist management in further the Enterprise Agreement, payable on 1 January developing the organisation’s policies and each year. procedures. QSNTS’ policy framework contains Occasionally, new employees will agree to a a Code of Conduct and other guidelines and policies common law contract that includes benefits that which set out legal, ethical and behavioural standards are in association with the provisions of the QSNTS for employees. Enterprise Agreement. As part of performance management and review As QSNTS is considered a Public Benevolent processes, employees’ conduct in accordance with Institution (PBI) by the Australian Taxation Office, QSNTS values and standards is assessed. QSNTS the option to utilise salary sacrifice is available to treats breaches of ethical standards seriously and may discipline employees found to be in breach.

42 all staff. Employees who choose to participate in the salary sacrifice scheme, facilitated by external supplier ‘Advantage Salary Packaging’, may gain significant additional benefits through taxation savings.

This remuneration strategy is ultimately designed to benefit QSNTS clients by ensuring that the organisation can attract and retain a skilled workforce and that staff are continually improving and delivering positive results. External scrutiny

The last review of QSNTS’ governance, performance, financial management and compliance was undertaken independently, commissioned by FaHCSIA and delivered in December 2010. The review described the organisation as in “good shape” and provided a number of recommendations which have since been adopted. An annual financial audit was also undertaken for the reporting period by Di Bartolo Diamond & Mihailaros and is appended to this Annual Report.

There were no judicial decisions or decisions of the Administrative Appeals Tribunal for the reporting period. A number of ministerial queries were received which were all responded to promptly.

Via teleconference at the Board Planning Day of 12 April 2012, representatives from FaHCSIA stated that the Department hold QSNTS in high regard and respect the positive and quality relationship QSNTS has with its funding body. It was also noted that FaHSCIA endorse the evidence-based business model that QSNTS follows, and recognises that this is one of the main reasons complaints are received from clients.

In June 2012, the Commonwealth Minister for Families, Community Services and Indigenous Affairs initiated a review of the role and functions of native title representative bodies and service providers. QSNTS welcomes the review as an opportunity to meet the evolving needs of the system, and particularly the needs of native title holders after claims have been resolved.

Kullilli country: dingo at Nockatunga

43 HUMAN RESOURCES REPORT

44 Workforce Planning QSNTS Enterprise and Staff Retention Agreement 2011 - 2013

Staffing expansion of previous years has continued, Negotiations commenced in April of 2010 for the with a total of 57 employees at the end of financial renewal of QSNTS’ Enterprise Agreement, and year. There were five exits during the reporting culminated in a ballot on 15 December 2011. A period, all of which occurred in the second quarter. majority favour vote saw the Agreement effective The turnover rate totalled 8.7%, which was a from 1 July 2011. significant improvement in staff retention from last year’s turnover of 44.19%. This period saw staff Provisions in the Agreement allow for various types movements between operational units, providing of paid leave (such as maternity and cultural leave), the opportunity for employees taking on new roles individual flexibility arrangements, travel allowance, to further develop their skills and experience while relocation and healthy lifestyle reimbursements, and retaining organisational knowledge. the formation of an Employee Liaison Committee. The Agreement seeks to support a performance- and merit-based organisational culture in its delivery of high quality native title services. Staffing Statistics 30 June 30 June 2011 2012

Perm. 41 45

Temp. 6 12

Male 39% 33.3%

Female 61% 66.6%

Full-time 43 53 QSNTS staff: Hank Wymarra, Rashik Ahmad, Shakira Hansen, Sita McAlpine, Leah Campbell, Rachel Bray and Chantal Nagas. Part-time 4 3

Casual 2 1

Indigenous 28.5% 28%

Total 49 57

Harmony Day lunch in the office: Rashik Ahmad, Sheree Sharma and Inna Ilieva celebrating multiculturalism in the office

45 Learning and Development Workplace Health

QSNTS remains committed to supporting professional development opportunities, and and Safety recognises the benefits to both individual employees New occupational health and safety legislation was and organisational capability. enacted as of 1 January 2012, to achieve consistency across the Commonwealth. Following the resignation Key learning and development achievements in this of QSNTS’ previous Human Resources Manager, who period included: had also been the organisation’s Workplace Health and Safety Officer, the Employee Liaison Committee • four employees completed Diplomas in elected his successor as a Health and Safety Management, Project Management and Representative under the Work Health and Safety a Certificate IV in Accounting; Act (Qld) 2011. • eight employees utilised study leave, provided for in the QSNTS Enterprise Agreement to A new fire and emergency evacuation team, assist in undertaking studies and meet their consisting of three Fire Wardens and a Fire Safety career development needs (including Advisor, was also appointed in this period. Training for professional certificates, undergraduate QSNTS’ Fire Safety Advisor has been completed, and and postgraduate degrees); the annual training of Fire Wardens is scheduled for December 2012. • Community Relations Officers were appointed Commissioners for Declarations, enabling more QSNTS’ healthy lifestyle activities have continued, fieldworkers to witness documents and take including influenza vaccinations provided free statutory declarations; of charge and participation in the Queensland • in-house records and information management Corporate Games in May of 2012. The Enterprise workshops were attended by staff from all units; Agreement also provides for an annual reimbursement of up to $100 for each employee who has • four employees attended Foundations of Native demonstrated making healthy lifestyle choices, Title workshops held by Aurora; such as gym memberships, smoking cessation • legal staff undertook future acts and court and sports equipment. documents training; and As a safety precaution for employees who work in • a series of Research workshops were presented to the field, an emergency phone contact procedure staff by anthropologists Dr Anthony Redmond and was developed to ensure that: Dr Kevin Mayo, and historian Fiona Skyring. • a means of emergency communication is available First Aid training was also recognised as a priority for at all times (e.g. satellite phone); all fieldworkers, and scheduling began for Research staff over July and August of 2012. • daily communication is established between fieldworkers and the office; and • responsibilities of Management and fieldworkers are clearly established.

Additionally, a process for telecommuting (working from home) safety assessment has been developed to support flexible working arrangements.

Wildflowers: Mithaka country

46 Performance Review Looking Ahead: Human In June 2012, QSNTS’ performance review process Resources in 2012-2013 and tools were reviewed. Guidelines for performance management were developed, to support employees’ September of 2012 will see the recruitment of annual performance planning and review. The Receptionist and Community Relations Officer organisation’s procedure for performance restoration positions, both of which have been made Indigenous- has also been revised, providing a clear and fair identified under Section 25 of the Anti-Discrimination process to identify and rectify performance issues. Act (Qld) 1991.

Workforce Management priorities for the next Employee Liaison year include:

• a focus on improving support for work/life balance Committee ie. Stress management training, and a Flexible The Employee Liaison Committee, inactive Work Arrangements Policy and Procedure which from mid-2010, reconvened in March of 2012 will include the process for entering into Individual and aspires to meet monthly. The Committee is Flexible Work Arrangements as prescribed by the intended to comprise a representative group of Fair Work Act; QSNTS employees, in which questions and • role description review – ensuring all staff have a concerns can be raised in confidence among current role description that reflects their duties peers. Formation of the Committee intends to and can be linked to their performance review; facilitate discussion and negotiation with regards to working conditions between employees and • a review of the all Human Resources policies and Executive, and resolve problems arising during procedures will continue; the life of the Enterprise Agreement. • cultural awareness training for all staff; • leadership and supervisory training for all management staff; and • negotiation for the next Enterprise Agreement will commence.

QSNTS Board and Staff members at the National Native Title Conference in Townsville: Richard Sporne, Kevin Smith, Sharon McAvoy, Allan Timms, Sue O’Brien, Michael Cawthorn, Tim Wishart, Arabella Douglas, Christie Groves, Michelle Nieuwkamp, Craig Reiach, Bernie Yates.

47 Consultants, Competitive Tendering and Contracting

For the reporting period, QSNTS spent (on a cash basis) a total of $2,847,737.38 on consultants, of which $190,622.50 was travel. More than sixty consultant were contracted to undertake a range of work for QSNTS, including providing legal opinion, expert anthropology, project management and information technology services.

QSNTS complied with compeititive tendering requirements and maintained a Register of Consultants. Consultant historian Dr Fiona Skyring with QSNTS Research Officer Sue O’Brien

Legal Consultants - $1,646,941.53 Anthropological Consultants - $1,075,526.53 Corporate Consultants - $98,816.37

Consultant genealogist Dr Kevin Mayo with traditional owner Pearl Eatts

Legal team for the Kalkadoon People native title claim - Andrea Olsen, Darryl Rangiah, Nitra Kidson, Tony McAvoy, Tim Madigan

48 FINANCIAL STATEMENTS

49 TABLE OF CONTENTS

Directors’ Report...... 51 Auditor’s Independence Declaration...... 55 Financial Report • Statement of Comprehensive Income...... 56 • Statement of Financial Position...... 57 • Statement of Changes in Equity...... 58 • Statement of Cash Flows...... 59 • Notes to the Financial Statements...... 60 Directors’ Declaration...... 70 Independent Audit Report...... 71 Auditors’ Disclaimer of Additional Information...... 73 Additional Information...... 74

50 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 2012. Directors The names of the directors in office at any time during or since the end of the financial year are:

Colleen May Wall Appointed 20 October 2010 Arabella Katrina Douglas Appointed 20 October 2010 James Rodney William Appointed 20 October 2010 Bernie Yates Appointed 14 March 2011 Michael Cawthorn Appointed 14 March 2011

Directors have been in office since the start of the financial year to the date of this report unless otherwise stated. Information on Directors The information on directors is as follows: Colleen May Wall Chairperson Colleen is an executive for the Aboriginal and Torres Strait Islander Women’s Legal and Advocacy Service and owns her own company, Wanyiram Pty Ltd, which provides arts industry expertise with the vision of ‘Spiritual Wellbeing for our People.’ Colleen has delivered community, youth and arts training to Aboriginal and Torres Strait Islander students and cultural training to Griffith University allied health students. Arabella Katrina Douglas Arabella works for Lend Lease as Social Sustainability Manager Barangaroo South - and is a lawyer with a background in environment and planning law. Arabella has her own company called ‘Connecting Dots’ and was the 2012 inaugural recipient of the Chief Executive Women Scholarship for Women in Leadership. James Rodney William James is a Kulkalgal Ya man from Yorke Island (Masig) in the Torres Strait. He has lived and worked in South East Queensland for over twenty years. He has over fifteen years of engagement experience working with Aboriginal and Torres Strait Islander peoples and their communities. He has worked extensively in the Queensland public sector in key portfolios including housing, training, employment and economic development with a specific focus on Indigenous Australians. Since 2009, James has established an extensive private and public sector portfolio of projects as a professional consultant working with major clients involved in significant business transactions with Indigenous Australians. To date his career highlights include working on significant mining and coal seam gas projects and achieving a credible reputation as a specialist advisor to companies in the mining, energy and construction industries.

51 Bernie Yates Deputy Chairperson Bernie currently works part-time as a volunteer or consultant, primarily with Indigenous organisations and government agencies. Before retiring in March 2010 from the Australian Public Service, Bernie worked in a range of federal government agencies with policy and service delivery responsibilities including Treasury and employment and industrial relations; and in Indigenous affairs from 2002 with ATSIC, DIMIA and FaHCSIA. He is also a director (ex officio) with an Aboriginal Medical Service in the Northern Territory. Michael Cawthorn Michael is currently working as a consultant anthropologist. He was formerly Deputy Director of the Museum and Art Gallery of the Northern Territory (MAGNT) Southern Region and the Strehlow Research Centre and Vice President of Museums Australia (NT). He has also previously worked as an anthropologist with the Strehlow Research Centre and the Ngaanyatjarra Land Council in Western Australia. Meetings of Directors During the reporting period the Board held six meetings. Details of attendance by individual Board members are provided below. Attendance at Board and Committee Meetings 1 July 2011 – 30 June 2012 Directors DIRECTORS’ MEETINGS Meetings Eligible to attend Meetings attended

Colleen May Wall 6 6

Arabella Katrina Douglas 6 5

James Rodney William 6 5

Bernie Yates 6 5

Michael Cawthorn 6 5

Operating Results The surplus for the financial year was $114,936 (2011 surplus of $424,496).

52 Principal Activity The principal activity of the Company is the relief of poverty, sickness, destitution, serious economic disadvantage, distress, dispossession, suffering and misfortune that face Aboriginal People 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 Short-Term Objectives QSNTS aims to assist traditional owners to realise their aspirations to land and waters through the provision of statutory services, capacity development initiatives and system reform. 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 more fair and equitable. QSNTS aims to expand the range of options available for the successful resolution of native title claims.

Under s203FE of the Native Title Act 1993 (Cth), QSNTS’ role is to carry out the functions of a native title representative body as prescribed in the Native Title Act. That includes:

Facilitation and assistance Directly representing native title holders and claimants in native title (s203BB) related proceedings.

Assisting with the certification and registration process of native title Certification (s203BE) applications and Indigenous Land Use Agreements (ILUAs).

Trying to resolve disputes between various native title holders and Dispute resolution (s203BF) claimants, including facilitating agreements between these persons.

Ensuring that notices made under the Native Title Act are brought to Notification (s203BG) the attention of relevant native title holders and claimants.

Agreement making (s203BH) Being a party to Indigenous Land Use Agreements.

Reviewing decisions made as a native title service provider and Internal review (s203BI) addressing all feedback through an internal process.

A range of miscellaneous functions including making agreements with neighbouring native title representative bodies to deal with Other functions (s203BJ) overlapping claims, identifying potential native title holders, and promoting an understanding of the Native Title Act amongst clients.

53 Long-Term Objectives 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, practicing and preserving their culture, rights and interests to land and waters for present and future generations. It is the vision of QSNTS to realise Traditional Owners’ aspirations to land and waters through the organisation’s provision of professional native title services. Strategy for Achieving the Objectives QSNTS achieves short and long term objectives by implementing a business model based on multi-disciplinary, professional case management teams. These 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, information technology, event management and communication support.

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

• Governance and decision making structures in which case management plans inform the organisation’s operation plan, which is then reviewed by management and provided to the Board through quarterly reports; • Electronic file management and information barriers to maintain confidentiality; • Partnerships with key stakeholders including other native title representative bodies and service providers, QSNTS’ funding body FaCHSIA, State Government departments and Crown Law; • Participation in advocacy through the National Native Title Council and also by producing submissions to Government; • Presence in regional Queensland with offices in Mount Isa and Rockhampton; • Assistance in the incorporation of Prescribed Bodies Corporate in preparation for post-determination; • Commitment to regular communication with claim groups through a range of means including claim specific newsletters. 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______Colleen May Wall Bernie Yates

Dated:______4 October 2012

54 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

AUDITOR’S INDEPENDENCE DECLARATION

UNDER SECTION 307C OF THE CORPORATIONS ACT 2001 TO THE DIRECTORS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

I declare that, to the best of my knowledge and belief, during the year ended 30 June 2012 there have been:

• no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in relation to the audit; and

• no contraventions of any applicable code of professional conduct in relation to the audit.

PKF Di Bartolo Diamond & Mihailaros

Ross Di Bartolo Partner

Dated: 5 October 2012

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

55 STATEMENT OF COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2012 QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED ABN 88 114 581 556

Notes 2012 2011 $ $ Revenue Revenue from ordinary activities 2(a) 11,235,457 10,175,453

Expenses Employee benefits expense (4,641,856) (4,183,155) Depreciation expenses (329,672) (179,075) Other expenses from ordinary activities 2(b) (6,148,993) (5,388,727) Profit/(Loss) from ordinary activities 114,936 424,496

Other comprehensive income - - Net gain / (loss) on revaluation of non-current assets - - Total comprehensive income - -

Profit / (loss) attributable to members 114,936 424,496

The accompanying notes form part of these financial statements

56 STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2012 QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED ABN 88 114 581 556

Notes 2012 2011 $ $ CURRENT ASSETS Cash and cash equivalents 3 2,549,380 1,806,948 Trade and other receivables 4 92,511 246,708 TOTAL CURRENT ASSETS 2,641,891 2,053,656

NON CURRENT ASSETS Property, plant and equipment 5 1,500,607 1,470,572 TOTAL NON CURRENT ASSETS 1,500,607 1,470,572

TOTAL ASSETS 4,142,498 3,524,228

CURRENT LIABILITIES Trade and other payables 6 739,534 579,703 Financial Liabilities 7 13,369 4,301 Provisions 8 275,495 220,898 Other Liabilities 9 747,703 705,945 TOTAL CURRENT LIABILITIES 1,776,101 1,510,847

NON-CURRENT LIABILITIES Provisions 8 249,543 11,463 TOTAL NON-CURRENT LIABILITIES 249,543 11,463

TOTAL LIABILITIES 2,025,644 1,522,310

NET ASSETS 2,116,854 2,001,918

EQUITY Retained earnings/(Accumulated losses) 2,116,854 2,001,918 TOTAL EQUITY 2,116,854 2,001,918

The accompanying notes form part of these financial statements

57 STATEMENT OF CHANGE IN EQUITY FOR THE YEAR ENDED 30 JUNE 2012 QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED ABN 88 114 581 556

Retained Total Earnings Equity $ $

Balance at 1 July 2010 1,577,422 1,577,422 Net Surplus for the year 424,496 424,496 Balance at 30 June 2011 2,001,918 2,001,918

Balance at 1 July 2011 2,001,918 2,001,918 Net Surplus for the year 114,936 114,936 Balance at 30 June 2012 2,116,854 2,116,854

The accompanying notes form part of these financial statements

58 STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 2012 QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED ABN 88 114 581 556

Notes 2011 2010 $ $ CASH FLOW FROM OPERATING ACTIVITIES Operating grant and funding receipts 12,093,400 9,931,495 Receipts from customers 415,792 208,587 Interest received 110,629 92,810 Payments to suppliers and employees (11,702,842) (10,587,824) Net cash provided by/(used in) operating activities 13(b) 916,979 (354,932)

CASH FLOW FROM INVESTING ACTIVITIES Payment for property, plant and equipment (174,547) (621,859) Proceeds from disposal of plant and equipment - 143,028 Net cash used in investing activities (174,547) (478,831)

Net increase/(decrease) in cash held 742,432 (107,111) Cash at beginning of financial year 1,806,948 2,640,711 Cash at end of financial year 13(a) 2,549,380 1,806,948

The accompanying notes form part of these financial statements

59 NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2012 QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED ABN 88 114 581 556

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES The financial report is a general purpose financial report that has been prepared in accordance with Accounting Standards, Urgent Issues Group Consensus Views and other authoritative pronouncements of the Australian Accounting Standards Board 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.

(a) Income Tax

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

(b) Property, Plant and Equipment

Each class of property plant and equipment is carried at cost or fair value 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.

60 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:

Class of fixed asset Depreciation rates/useful lives Depreciation basis

Plant & Equipment 25 – 40 % Straight Line Motor Vehicles 12.5 % Straight Line Furniture & Fixtures 5 – 10 % Straight Line

(c) Employee 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.

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

(d) Cash

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

(e) Revenue

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

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

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

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

(f) Goods and Services Tax (GST)

Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian 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.

61 2012 2011 $ $ NOTE 2: PROFIT FROM ORDINARY ACTIVITIES Profit (losses) from ordinary activities has been determined after:

(a) Revenue and Net Gains Grant funding 10,903,028 9,783,945 Interest Income 110,629 92,810 Other Income & Services 221,800 298,698 Total Income 11,235,457 10,175,453

(b) Other Expenses Advertising 159,870 156,719 Catering, venue hire & meetings 244,968 207,094 Consultancy fees - anthropological 1,222,845 1,010,666 Corporate expenses 63,766 77,890 Legal consultancy costs 1,772,838 1,577,388 Loss on disposal of non current assets 34,840 20,706 Mapping & resources 93,209 105486 Motor vehicle expenses 168,454 123,474 Rent 483,880 425,346 Traveling & accommodation expenses 1,299,400 1,143,654 Training & professional development 121,599 66,136 Other expenses 483,324 474,168 Total Expenses 6,148,993 5,388,727

NOTE 3: CASH & CASH EQUIVALENTS Cash on hand 1,741 1,116 Cash at bank 2,547,639 1,805,832 2,549,380 1,806,948

NOTE 4: TRADE AND OTHER RECEIVABLES Trade Receivables 52,536 224,348 Provision for doubtful debts (28,684) - Prepayments 68,659 22,360 92,511 246,708

62 Credit Risk – Trade and Other Receivables

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

NOTE 4: TRADE AND OTHER RECEIVABLES (Cont’d) Ageing Total Less than Past Due Past Due Past Due Past Due & of Trade Amount 30 Days 31-60 Days 61-90 Days < 90 Days Impaired Receivables $ $ $ $ $ $ 2012 Trade 52,536 - 2,753 1,140 19,959 28,684 Receivables 2011 Trade 224,348 205,098 - - 19,250 - Receivables

2012 2011 $ $ NOTE 5: PROPERTY, PLANT AND EQUIPMENT Land & Building – at cost 560,000 560,000 Less accumulated depreciation (48,000) (32,000) 512,000 528,000

Plant and equipment - at cost 546,334 554,724 Less accumulated depreciation (257,261) (136,780) 289,073 417,944

Motor vehicles - at cost 442,101 297,227 Less accumulated depreciation (44,732) (7,378) 397,369 289,849

Office equipment - at cost 526,316 306,316 Less accumulated depreciation (224,151) (71,537) 302,165 234,779

Total property, plant and equipment 1,500,607 1,470,572

63 NOTE 5: PROPERTY, PLANT AND EQUIPMENT (Cont’d)

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 & Plant & Motor Office Total Building Equipment vehicles Equip $ $ $ $ $ 2012 Balance at the beginning of the year 528,000 417,944 289,849 234,779 1,470,572 Additions - 29,673 144,874 220,000 394,547 Disposals - (34,840) - - (34,840) Depreciation expense (16,000) (123,704) (37,354) (152,614) (329,672) Carrying amount at end of year 512,000 289,073 397,369 302,165 1,500,607

2012 2010 $ $ NOTE 6: TRADE AND OTHER PAYABLES CURRENT Trade creditors and accruals 519,185 360,217 Sundry creditors 220,349 219,486 739,534 579,703

NOTE 7: FINANCIAL LIABILITIES CURRENT Credit Card Liability 13,369 4,301

NOTE 8: PROVISIONS CURRENT Employee benefits – Annual Leave Provision 214,647 174,098 Employee benefits – Long Service Leave Provision 60,848 46,800 275,495 220,898

NON CURRENT Employee benefits – Long Service Leave Provision 29,543 11,463 Provision for Make Good of Office Premises 220,000 - 249,543 11,643

64 2012 2011 $ $ NOTE 9: OTHER LIABILITIES CURRENT Income in Advance – Unexpended Grant Funds 705,945 1,461,258

NOTE 10: RELATED PARTY TRANSACTIONS The names of directors who have held office during the financial year are: Colleen May Wall Michael Cawthorn Arabella Katrina Douglas James Rodney William Bernie Yates

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.

Key Management Personnel Compensation Summary

Short Term Employee Benefits 684,392 624,995 Long Term Employee Benefits - - 684,392 624,995

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 dependant on grants received from the Department of Families, Housing, Community Services and Indigenous Affairs to carry out its normal activities. NOTE 12: SEGMENT REPORTING The Company operates in the Community Services Segment.

65 NOTE 13: CASH FLOW INFORMATION 2012 2011 $ $ 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 1,741 1,116 Cash at bank 2,547,639 1,805,832 2,549,380 1,806,948

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

Profit/(Loss) from ordinary activities after income tax 114,936 424,496 Non cash flows in profit from ordinary activities Depreciation 329,672 179,075 Net (gain)/loss on disposal of property, plant and equipment 34,840 20,706 Provision for doubtful debts 28,684 - Changes in assets and liabilities (Increase)/decrease in prepayments (46,299) 31,347 (Increase)/decrease in trade receivables 171,812 (119,711) Increase/(decrease) in trade and other payables 168,899 (153,446) Increase/(decrease) in income in advance 41,758 (755,313) Increase/(decrease) in provisions 72,677 17,914 Cash flows from operations 916,979 (354,932)

NOTE 14: 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 assist 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 AASB139 as detailed in the accounting policies to these financial statements are detailed below:

66 2012 2011 $ $ Financial Assets Cash and Cash Equivalents 2,549,380 1,806,948 Trade and Other Receivables 92,511 246,708 2,641,891 2,053,656

Financial Liabilities Trade and Other Payables 739,534 579,703 Financial Liabilities 13,369 4,301 Income in Advance – Unspent Grant Funds 747,703 705,945 1,500,606 1,289,949

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

The tables below reflect an undiscounted contractual maturity analysis for financial liabilities.

Within 1 Year 1 to 5 Years Over 5 Years Total Cash Flow 2012 2011 2012 2011 2012 2011 2012 2011 $ $ $ $ $ $ $ $ Financial liabilities due for payment Trade & other payables 739,534 579,703 - - - - 739,534 579,703 Financial Liabilities 13,369 4,301 13,369 4,301 Income in Advance 747,703 705,945 747,703 705,945 Total expected outflows 1,500,606 1,289,949 - - - - 1,500,606 1,289,949

Financial assets — cash flows realisable Cash and cash equivalents 2,549,380 1,806,948 - - - - 2,549,380 1,806,948 Trade & Other Receivables 92,511 246,708 - - - - 92,511 246,708 Total expected inflows 2,641,891 2,053,656 2,641,891 2,053,656 Net (outflow)/inflow on 1,141,285 763,707 - - - - 1,141,285 763,707 financial instruments

67 NOTE 14: FINANCIAL RISK MANAGEMENT (Cont’d) (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 minimized through investing surplus funds in financial institutions that maintain a high credit rating, or in entities that the Board and management has otherwise cleared as being financially sound. The maximum exposure to credit risk at balance date to recognized financial assets is the carrying amount as disclosed in the statement of financial position and notes to the financial statements. The company does not have any material credit risk exposure to any single debtor or group of debtors.

NOTE 15: COMMITMENTS

Operating Lease Commitments

Non-cancellable operating rental lease on premises contracted for but not capitalized in the financial statements.

2012 2011 $ $ Payable – minimum lease payments Not later than 12 months 533,349 494,427 Between 12 months and five years 177,783 685,398 $711,132 $1,179,825

A security guarantee of $225,988 is held by the Bank as a commitment under the lease rental Agreement.

Research Consultancy Commitments

Agreements have been entered into amounting to $600,931 involving future payments within the next 12 months for research consultancy services. NOTE 16: AUDITORS REMUNERATION 2011 2010 $ $ Audit Services 25,246 24,437 Other Services - - 25,246 24,437

68 NOTE 17: CONTINGENT LIABILITIES The company had no known contingent liabilities as at 30 June 2012. NOTE 18: 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 19: COMPANY DETAILS The registered office of the company is: Queensland South Native Title Services Limited Level 4, 370 Queen Street BRISBANE QLD 4000

Date of Incorporation: 2 June 2005

69 DIRECTORS’ DECLARATION QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED ABN 88 114 581 556 The directors of the company declare that:

1. The financial statements and notes, as set out on pages 55 to 69 are in accordance with the Corporations Act 2001 (Cth):

(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 2012 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______Colleen May Wall Bernie Yates

Dated:______4 October 2012

70 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers INDEPENDENT AUDIT REPORT TO THE MEMBERS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED Report on the Financial Report We have audited the accompanying financial report of Queensland South Native Title Services Limited (the company), which comprises the statement of financial position as at 30 June 2012 and the statement of comprehensive income, statement of change in equity and cash flow statement for the year ended on that date, a summary of significant accounting policies and other explanatory notes and the Directors’ declaration.

Directors’ Responsibility for the Financial Report The Directors of the company are responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Act 2001 and for such internal controls as the directors determine is necessary to enable preparation of the financial report that is free from material misstatement, whether due to fraud or error.

Auditor’s Responsibility Our responsibility is to express an opinion on the financial report based on our audit. We conducted our audit in accordance with Australian Auditing Standards. These Auditing Standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial report is free from material misstatement.

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

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

Independence In conducting our audit, we have complied with the independence requirements of the Corporations Act 2001. We confirm that the independence declaration required by the Corporations Act 2001 has been provided to the Directors of the Company.

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

71 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers INDEPENDENT AUDIT REPORT TO THE MEMBERS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

Auditor’s Opinion

In our opinion, the 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 2012 and of their performance for the year ended on that date; and

ii. complying with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Regulations 2001.

PKF Di Bartolo Diamond & Mihailaros

Ross Di Bartolo Partner

Canberra

Dated: 5 October 2012

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

72 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

DISCLAIMER TO THE MEMBERS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

The additional financial data presented on page 74 is in accordance with the books and records of the company which have been subjected to the auditing procedures applied in our statutory audit of the company for the financial year ended 30 June 2012. It will be appreciated that our statutory audit did not cover all details of the additional financial data. Accordingly, we do not express an opinion on such financial data and we give no warranty of accuracy or reliability in respect of the data provided. Neither the firm nor any member or employee of the firm undertakes responsibility in any way whatsoever to any person (other than Queensland South Native Title Services Limited) in respect of such data, including any errors of omissions therein however caused.

PKF Di Bartolo Diamond & Mihailaros GPO Box 588 CANBERRA ACT 2601

Ross Di Bartolo Partner

Dated: 5 October 2012

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

73 DETAILED PROFIT AND LOSS FOR THE YEAR ENDED 30 JUNE 2012 2012 2011 $ $ INCOME Interest 110,629 92,810 Grants & Funding 10,903,028 9,783,945 Other income & services 221,800 298,698 TOTAL INCOME 11,235,457 10,175,453

LESS EXPENSES Audit fees 25,246 24,437 Advertising 159,870 156,719 Bank charges 7,752 8,553 Catering, venue hire & meetings 244,968 207,094 Computer expenses 13,447 5,453 Consultancy fees - anthropological 1,222,845 1,010,666 Consultancy fees - other 48,943 17,213 Corporate expenses 63,766 77,890 Depreciation 329,672 179,075 Insurance 46,247 43,270 Loss on sale of vehicles 34,840 20,706 Legal consultancy costs 1,772,838 1,577,388 Mapping & Resources 93,209 105,486 Motor vehicle expenses (incl vehicle hire) 168,454 123,474 Office expenses 36,907 34,771 Postage 31,389 31,817 Printing and stationery 60,579 59,615 Provision for Doubtful Debts 28,684 - Rent 483,880 425,346 Repairs, maintenance and minor replacements 65,502 66,326 Salaries and on costs 4,291,122 3,859,729 Security costs 3,281 2,312 Storage fees 12,017 13,590 Subscriptions 38,691 43,872 Sundry expenses - 26,663 Superannuation 350,734 323,426 Telephone 93,323 96,276 Training & professional development 121,599 66,136 Traveling & accommodation expenses (incl consultant travel) 1,270,716 1,143,654 TOTAL EXPENSES 11,103,321 9,750,957

OPERATING SURPLUS/(LOSS) 114,936 424,496

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

74 INDEX B S Board 7-10, 15, 28, 38, 44, 48, 53-54, 60, 66, 68 Serrp 8, 31 Smith, Kevin 10, 25-27, 40-41, 48 C Strategic Plan 15, 47 Capacity development 12, 14, 16, 19, 21, 54 T F FAHCSIA 4, 28, 35-36, 38, 42, 44, 53 Trim 4, 42 Financial Statements 50, 56-60, 66, 68, 70, 74 Future Act 14-15, 17, 29, 32-33, 47 W Wishart, Tim 28, 40-41, 48 G Woorabinda 8, 24-25, 28, 32 Gunggari 7-8, 19, 24-25, 39, 42 I Iman 25 Iningai 29

J Jinibara 10, 30, 32 K Kalkadoon 7-8, 22-23, 30, 49 N National Native Title Conference 7, 9, 21-22 O Outputs Table 21 P Pitta Pitta 5, 10, 13, 30, 32 Q Quandamooka 5, 7-8, 22-23, 26, 30-31, 40 R Reform 8, 12, 14, 16, 18, 21, 25-26, 32, 54

75 76 77