Queensland South Native Title Services ANNUAL REPORT 2014 - 2015 LETTER OF TRANSMITTAL
Senator the Hon Nigel Scullion Minister for Indigenous Affairs Department of the Prime Minister and Cabinet Parliament House Canberra ACT 2600
15 October 2015
Dear Minister,
I am pleased to present the 2014 - 2015 Annual Report for Queensland South Native Title Services Limited (QSNTS).
This report is provided in accordance with the Australian Government’s Department of the Prime Minister and Cabinet 2013 - 2015 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 2015.
Thank you for your ongoing support of the work QSNTS strives to achieve.
Yours sincerely, Board of Directors, Queensland South Native Title Services
Diamantina Developmental Road, south of Herbert Downs
Annual Report 2014 – 2015 | i TABLE OF CONTENTS
Lettter of Transmittal...... i Table of Contents...... 01
Glossary...... 02
Contact Details...... 03
Board Report...... 04
CEO Report...... 07
QSNTS Overview...... 09
Performance Report...... 19
Corporate Report...... 44
Human Resources Report...... 54
Financial Report...... 58
Index...... 84
01 | Queensland South Native Title Services GLOSSARY
The person or persons authorised by the native title claim group to represent the Applicant group in matters arising under the Native Title Act 1993 (Cth) in relation to the native title determination application.
The process (usually in the form of a meeting) that a native title claim group uses Authorisation to give permission to deal with matters arising in relation to that application, including a determination application.
An application for a determination of native title, a revised determination of native title or a compensation application under s61 of the Native Title Act 1993 (Cth). Claim Also referred to as a ‘native title determination application’ (NTDA) or a ‘native title application’ (NTA).
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 Native Title traditional customs observed by the group or individual. The Native Title Act 1993 (Cth) refers to the recognition of these rights and interests by the Federal Court of Australia.
The Queensland State Government and principal respondent party to a native title State of Queensland determination application. Also referred to as ‘the State’.
CEO Chief Executive Officer
CFO Chief Financial Officer
CMT Case Management Team
DPLO Deputy Principal Legal Officer
DPM&C Department of the Prime Minister and Cabinet
ILUA Indigenous Land Use Agreement
MOU Memorandum of Understanding
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
Annual Report 2014 – 2015 | 02 CONTACT DETAILS
QSNTS Annual Report Contact Brisbane Office Media and Communications Coordinator | Jasmin Level 10, 307 Queen Street Michiels PO Box 10832, Adelaide Street Brisbane, Queensland, 4000 Annual Report Photography Photography and artwork has been generously P (07) 3224 1200 | free call 1800 663 693 submitted by QSNTS stakeholders and staff. F (07) 3229 9880 E [email protected] Cover Artwork W www.qsnts.com.au Jasmin Michiels and Suckerpunch Design
Design and Layout Rockhampton Suckerpunch Design (Copyright QSNTS 2015) Level 5B, 34 East Street PO Box 46 Rockhampton, Queensland, 4700
P (07) 4921 1090 | free call 1800 663 693 F (07) 4921 1095 E [email protected]
Mount Isa 31-33 Commercial Road PO Box 1948 Mount Isa, Queensland, 4825
P (07) 4743 1322 | free call 1800 663 693 P (07) 3229 9880 E [email protected]
Lake Moondarra, near Mt Isa
03 | Queensland South Native Title Services BOARD REPORT On behalf of the Board of Directors, I have the pleasure of presenting the Queensland South Native Title Services 2014-15 Annual Report and yet another year of successful outcomes.
This financial year has been both exciting and times placing them way above and beyond their exhausting for Queensland South Native Title duty statements. It is an honour to work beside Services. I am honoured to have continued them on such important community business. my position as Chairperson as the organisation has this year realised some impressive and Such milestones and celebrations are by no means historic achievements. the end of our contact with our clients, but the beginning of a new and exciting era. QSNTS has This year, our Directors were pleased to attend shifted some of its resources to focus on building consent determinations of the Kullilli, Butchulla, Native Title Holders’ capacity to manage and Gunggari, Boonthamurra and Budjiti Peoples. maintain sustainable native title rights and interests These respective outcomes mark significant through new mandated organisations. and emotional milestones for our Aboriginal communities as they are the result of very Registered Native Title Bodies Corporate lengthy, hard ‘fought and won’ battles and sadly, (RNTBCs) are vital to enabling continuous and but inevitably, we have since mourned the loss of autonomous management of land and waters many Elders who initiated these and successive in Australia and, to ensure their success in claims many years ago. this process, QSNTS is building on the clear community-directed outcomes of the first I must say here that each of these milestones and Prescribed Bodies Corporate Summit which was consequential celebrations are also a testament hosted by the Quandamooka Yoolooburrabee to the diligence, excellence in team work and Aboriginal Corporation on their traditional land, organisational commitment of QSNTS, with many Minjerribah (North Stradbroke Island) late last year. hours of work by staff outside of normal operating
Wambin, Kullilli country
Annual Report 2014 – 2015 | 04 Again, QSNTS staff worked efficiently and Further reflecting on our good standing within the effectively to bring together directors and broader native title domain, I was privileged in this senior staff of RNTBCs from within QSNTS’s financial year to be invited by South Australian region for a two-day program, which provided Native Title Services (SANTS) to represent an opportunity for the dynamic exchange of QSNTS at the consent determination of the information, knowledge and experience, and Wangkangurru/Yarluyandi Native Title cross-border facilitated a learning experience in nation-building claim on 3rd October 2014. There, I presented tools to improve the outlook for RNTBCs and their a representative of the Applicant, Ms Joanne communities. The event was an overwhelming Lewington, with a smaller version of our obligatory success and already, we can see the positive gift for such occasions: an inscribed Aboriginal influence emanating from RNTBCs as QSNTS crafted Wathaurong Glass platter to commemorate continues to provide them with dedicated support their achievement. and individual needs-based assistance. In a broader scope, QSNTS has also continued The 2015 National Native Title Conference marked its advocacy work in this reporting period, with another success story for QSNTS in this reporting the Chief Executive Officer and Chairperson period. Centred on the theme of ‘Leadership, engaging as members of key groups, such as the legacy and opportunity’, this year’s Conference National Native Title Council and the Queensland attracted more than 740 delegates, including Representative Body Alliance. QSNTS has also over 500 Aboriginal Peoples and Torres Strait engaged extensively with the Council of Australian Islanders. This two-day program was held on the Governments (COAG) following its October traditional lands of the Kuku Yalanji People at Port 2014 announcement regarding an investigation Douglas in Queensland and we thank them for into Indigenous land administration and use. With their hospitality on such stunning country. As an native title continuing to prove a critical role in the attendee together with fellow Board members advancement of Indigenous communities, QSNTS Bernie Yates and Michael Cawthorn, I am pleased remains committed to its reform objectives for a to report that QSNTS was well represented and balanced and fair native title system. received outstanding praise, with key faces such as Chief Executive Officer Kevin Smith and Principal The Board would like to take this opportunity Legal Officer Tim Wishart presenting speeches and to thank outgoing Directors and welcome on seminars canvassing prevalent issues affecting the board our three new Directors, and publicly current native title landscape. recognise the Executive Team and their staff for the dedication and support they have again given us as a Board over this past year. Also, credit to our staff in the Mt Isa and Rockhampton Offices,
The Grey Range on Kullilli country
05 | Queensland South Native Title Services as well as our Field Teams, who have spent much time out in the field away from their families to work tirelessly toward achieving outcomes and providing heartfelt support to clients, making this year’s determinations’ successful for QSNTS and Indigenous communities.
In conclusion, I am pleased to present the 2014- 15 QSNTS Annual Report, which quantifies this year’s resounding success for both QSNTS and its clients. In coming months, QSNTS faces new challenges with a significant reduction in funding and widespread growth in RNTBC establishment and progress. However, with a dynamic employee team and strong strategic direction, QSNTS is well-positioned to tackle the challenges head on and ensure its track record of success can continue into the future.
Yours sincerely, Board of Directors Queensland South Native Title Services
Left: The Boonthamurra People’s consent determination, Middle: Colleen Wall at the Wangkangurru/Yarluyandi consent determination (Image: SANTS), Right: Dancers at the Butchulla People’s consent determination Annual Report 2014 – 2015 | 06 not exist over the Brisbane region, which served to underscore the importance of only filing and prosecuting claims that have a sound evidential basis. A determination that native title does not exists lasts forever; it doesn’t get bleaker than that so getting the fundamentals spot on is not an optional extra in this area of work!
In this evolving landscape, QSNTS played a proactive advocacy role in its own right and as part of umbrella entities, including the Queensland Representative Body Alliance (QRBA) and the National Native Title Council (NNTC). Legal and administrative reform advocacy is critical in this area particularly with radical program restructures CEO such as:
REPORT - The Federal Government’s Indigenous Advancement Strategy; The national native title system has entered - Foreshadowed changes to Indigenous land an interesting transition zone characterized by use and administration as currently being high workload spread across a continuum with investigated by the Council of Australian incubating claims yet to enter the system, extant Governments (COAG); and claims on multiple resolution pathways, clients seeking equitable relief around the durability - The Januay 2015 change in the Queensland of recognized native title outcomes and PBC’s Government, and consequently, a change in contending with a myriad of capacity challenges position, policy and priorities. that most start-up enterprises confront in the high-risk establishment phase. A number of QSNTS’s advocacy efforts are by necessity confidential but there are presentations The national system is at its most diverse with all and papers available on our website at the opportunities, challenges and risks blending in http://www.qsnts.com.au a unique mélange that will indelibly shape the next era of native title. QSNTS’s vast operational region Every organization that exists in a complex operating is very much a microcosm of this national system in environment must anticipate change and adapt flux and 2014-15 was a year that exemplified this accordingly. In previous years when there were diversity more so than any previous year. numerous overlapping claims, QSNTS operated on a multi-disciplinary case management team During the financial year, QSNTS continued to model comprising of several teams of lawyers, invest time and resources in five regional research researchers and community relations officers. This projects that will act as incubation for future claims: model served QSNTS well with an unprecedented successfully pursued recognition for five of our number of positive native title determinations and clients; co-hosted an inaugural PBC Summit; and claim-related ILUAs. brought proceedings in both the High Court and Federal Court seeking declarations associated with However, with an inevitable diminution in overall the validity and enforceability of ILUAs. claim caseload, new claims with a heightened complexity associated with concentrated, Regrettably, the 2014-15 year also saw negative high-impact colonisation (some with a cross- determinations made against two overlapping, jurisdictional dimension) and work diversely spread self-represented claim groups that native title does across the continuum, QSNTS has restructured
Kevin Smith, QSNTS Chief Executive Officer
07 | Queensland South Native Title Services itself into three broad service delivery teams: two Finally and very importantly in this year of immense focusing on claim resolution with the third focusing change, I want to thank the people who make things on regional research, PBC support, strategic happen under the most trying of circumstances. I projects and specialized contested litigation. want to thank the Board for its strong leadership, rock-solid support, visionary insights and This restructure took place in March 2015 and constant encouragement in our enthusiastic it has strengthened QSNTS’s capability to traverse pursuit of organisational excellence. To the many complex, diverse work undertaken in a highly highly-skilled, ethical, committed consultants fluid environment. Our regional presence in both engaged by QSNTS - be they barristers, Rockhampton and Mt Isa remain strong planks of solicitors, anthropologists, historians, auditors outreach and service delivery across our regional and management consultants - thank you for the network and will remain an important tool in meeting excellent work you produced for our clients and future work demands. our organisation in terms of timeliness, innovation, quality and preparedness to share your wisdom and QSNTS has also embraced modern technologies experience. Lastly, to the QSNTS staff - the people such as video-conferencing so we can better who are both affected by change and are called serve our clients and reduce the transportation upon to be its agent – I give both praise for your expenses associated with frequent meetings. We devotion to our important work and sincere thanks have already successfully conducted three claim for your understanding during these times authorization meetings via video-conference. of seemingly incessant change. Your efforts are The current and emerging challenge will be how greatly appreciated. to embrace this new communication medium to increase client contact, input and information flow I submit the CEO Report for your consideration. without any derogation to service delivery. We urge our clients to walk with us on this journey so we can better serve you with the limited resources we now have at our disposal.
Turning to finances, the 2015-16 year is presenting as another challenging year with QSNTS receiving a reduction of funds from our funding body. Sadly, Kevin Smith this funding cut has resulted in some redundancies Chief Executive Officer in our legal area, but the restructure and harnessing Queensland South Native Title Services of technologies has equipped QSNTS to contend with the challenges that lay ahead.
Mithaka country
Annual Report 2014 – 2015 | 08 QSNTS OVERVIEW
Wambin, on Kullilli country
09 | Queensland South Native Title Services (a) All the functions of a representative body; or BACKGROUND (b) Specified functions of a representative body;
Following the High Court’s landmark Mabo and Either generally or in relation to one or more Others v Queensland (No 2) decision of 1992 specified matters. which overturned the doctrine of terra nullius, the Native Title Act 1993 (Cth) (‘NTA’) was QSNTS was registered as a public company enacted by the Australian Parliament. The NTA limited by guarantee on 2 June 2005 by the Australian was established to provide a framework for Securities and Investments Commission. Later that Aboriginal Peoples and Torres Strait Islanders to month, QSNTS was invited by the Commonwealth gain recognition of their rights and interests to Government to apply for funding as a NTSP under traditional lands and waters. As a consequence, s203FE (1) of the NTA. On 7 July 2005, the Minister a network of Native Title Service Providers (NTSPs) for Immigration, Multicultural and Indigenous Affairs and Native Title Representative Bodies (NTRB) granted funding to QSNTS as a NTSP for the were recognised throughout Australia to provide southern region of Queensland. In 2008, QSNTS this service. These NTRBs/NTSPs are funded was asked by the Australian Government to extend by the Federal Government to perform functions its region of responsibility. That region now covers identified by the NTA. about two-thirds of Queensland.
After the passage of the NTA, various organisations QSNTS is governed by a Constitution that confirms provided native title services across the area of the company’s objective to provide native title Queensland for which Queensland South Native services to the Traditional Owners of the land and Title Services (QSNTS) is now responsible. Due waters in its statutory region. QSNTS is funded by to a number of legislative amendments and reviews, the Australian Government through the Department the Commonwealth Government withdrew its of the Prime Minister and Cabinet. QSNTS is recognition and funding of those organisations, accountable to the Australian Government for its and provision of government-funded native title conduct and expenditure. services in the area ceased for a brief period Currently, QSNTS is one of Australia’s largest commencing on 22 June 2005. Under s203FE (1): native title organisations, representing over half The Secretary of the Department may make of Queensland. A regional presence is maintained funding available to a person or body, by way of with offices in Rockhampton and Mount Isa and our a grant or in any other way the Secretary considers head office is situated in Brisbane. appropriate, for the purpose of enabling the person or body to perform, in respect of a specified area for which there is no representative body:
Sunset on Mithaka country
Annual Report 2014 – 2015 | 10 allocates resources in the following descending Our Vision order of priority, noting that some lower order activities might need to be undertaken before Through native title, we drive the achievement of embarking upon a higher order activity: Indigenous self determination to redress the past, strengthen the present and empower the future. 1. All claims currently filed in the Federal Court must accord with credible evidence and are Our Purpose either handled in-house or briefed out to competent, ethical practitioners – the amount Realising Traditional Owners’ aspirations to secure, of resources allocated, as well as other factors manage and maximise native title outcomes through such as logistics, are associated with the size the provision of quality professional services in a and location of the native title claim group. dynamic environment. 2. Preparation of regional or specific research projects pursuant to s203BJ that have high strategic value in resolving native title across Our Values a wider region – this research serves to clarify At QSNTS, we honour culture, respect diversity complex regions that have multiple competing and acknowledge our clients as the First Peoples of assertions, as well as regions that have one or this nation by providing professional, accountable, more adjoining native title determinations that collaborative and evidence-based services. can be used as ‘neighbour’ evidence to support new or current claims. 3. Claim-specific research and investigation that arises from, and is consistent with, the s203BJ QSNTS STRATEGIES research projects referred to in paragraph two above. AND PRIORITIES 4. The funding of inter- and intra- Indigenous dispute resolution pursuant to s203BJ, with QSNTS adopts a strict evidence-based approach particular priority being given to those claims to the investigation, preparation and prosecution of that are subject to trials, or those claims native title claims. Within the sensitive environment capable of consent determination where of identity and connection, QSNTS does not make connection has been accepted but outstanding decisions about who is who, or where they belong, Indigenous respondent issues remain. and instead focuses on providing evidence to the court for the enduring progression of native title 5. Funding of interlocutory applications to dispose claims. We draw on expert evidence, historical and of unmeritorious Indigenous responses where other documentary records and most importantly, dispute resolution (referred to in paragraph on the evidence provided by Aboriginal People four above) has been unsuccessful. themselves. Against this backdrop, QSNTS
On Pitta Pitta country
11 | Queensland South Native Title Services 6. The provision of limited future act legal advice, and linguists, as well as senior and junior counsel. representation and assistance. While service delivery teams operate primarily from the QSNTS head office in Brisbane, satellite offices 7. PBC ‘in-kind’ support including preparation in Rockhampton and Mt Isa enhance client access and circulation of meeting notices; assistance to its services. at annual general meetings and other meetings; basic advice around the legal effect of The activities of service delivery teams are governed Indigenous Land Use Agreements (ILUAs); by case management plans for each claim managed and/or determinations. by QSNTS. The Principal and Deputy Principal Legal Officers meet with their respective team members on a weekly basis to assess claim QSNTS PROCESSES progress and develop case management plans accordingly. The plans cover a variety of actionable matters, including claim strategies, deliverables and AND OPERATIONAL PLAN risk management plans. Since 2008, QSNTS has delivered its services The Executive Team endorses and approves through small, multi-disciplinary case management each case management plan and moderates the teams comprising of a lawyer, researcher, resource level based on the prioritisation principles community relations officer and paralegal officer. enunciated above, while the Chief Financial Officer However, as the result of an increase in native title assesses such reports to evaluate expenditure determinations, QSNTS has this year reorganised and determine a budget. Together, these case itself to better manage growing workloads management plans compile the yearly Operational associated with greater activity around Future Plan. This bottom-up planning process has been Acts and Prescribed Body Corporates (PBCs). in place for the past five years and represents the continuous prosecution of a successful legal In April 2015, all case management teams merged strategy developed to meet the unique needs of into three larger service delivery teams – one our clients. responsible for regional research projects and PBCs (among other things) under the leadership of The Deputy Principal Legal Officers report regularly the Principal Legal Officer; and two responsible for on the progress of case management plans for new new and existing claims under the Deputy Principal and existing claims to the Principal Legal Officer, Legal Officers. who forms part of the QSNTS Executive Team. The Executive Team in turn reports to the Board The Principal and Deputy Principal Legal Officers of Directors on progress in terms of outcomes, are now the solicitors on the record in all respective outputs and finances at each bi-monthly Board QSNTS matters, and all teams continue to benefit meeting. Reporting against key deliverables in the from the assistance and guidance of senior external consultants, including anthropologists, historians
Annual Report 2014 – 2015 | 12 Operational Plan is a standing agenda item of all S203BG Notification Board meetings, and the Board signs off on the QSNTS ensures that notification of proposed Operational Plan and any subsequent variation. activities which relate to the land and waters wholly or partly within our region are brought to the For this reporting period, the QSNTS Operational attention of native title holders and claimants and Plan was delivered to the Department of Prime relevant information is given to these persons. Minister and Cabinet on 1 May 2014. S203BH Agreement Making QSNTS will participate as a party in ILUAs where appropriate, consulting with and having regard to LEGISLATIVE the interests of native title claimants.
FUNCTIONS S203BI Internal Review QSNTS provides a process where clients can seek QSNTS provides the full range of statutory services review of the decisions and actions executed in the as prescribed by the Native Title Act 1993 (Cth): implementation of statutory services.
s203BB Facilitation and Assistance S203BJ Other Functions QSNTS conducts the research and preparation QSNTS conducts other functions related to of native title applications and represents and native title that aim to improve the native title facilitates native title-related proceedings. These system delivering better results for Traditional include consultations, mediation, negotiations and Owners. Examples of these functions include proceedings relating to native title applications, reform, capacity development, regional research future acts, ILUAs and any other matter related projects, and negotiating agreements with to native title. other organisations such as Memorandums Of Understanding (MOU). In particular QSNTS s203BE Certification undertakes regional research projects pursuant QSNTS certifies native title applications and to section 203BJ(b). applications for the registration of ILUAs.
s203BF Dispute Resolution QSNTS provides assistance in promoting agreement between clients regarding native title applications by conducting consultations, negotiations, mediation and other native title related proceedings. QSNTS provides mediation services between client groups regarding native title claim issues such as claim boundary overlaps and shared Apical Ancestors. On Pitta Pitta country
13 | Queensland South Native Title Services CORPORATE GOVERNANCE
The QSNTS governance structure consists of a Board of Directors who provide high-level strategic direction to the Executive Team, led by the CEO, in managing the organisation’s operational (case management) and non-operational (corporate) activity. Further information regarding the QSNTS governance structure of QSNTS can be found in the corporate section of this report.
Tracks at Cheepie on Mardigan country
Annual Report 2014 – 2015 | 14 ORGANISATIONAL STRUCTURE
Board of Directors Company Secretary
Chief Executive Officer Executive Support
Chief Financial Principal Legal Officer Officer
Human Resources Research and Deputy Principal Manager Geospatial Manager Legal Officer x2
CORPORATE TEAM RESEARCH TEAM LEGAL OFFICERS AND LEGAL • Finance • Research Officers SUPPORT TEAM • Human Resources • Research Administration • Lawyers • IT and Records • Claim and Regional • Paralegal Officers • Assets and Facilities Research Projects • Legal Administration • Media and Communications • Mapping / Geospatial (Including PBC Support and • Events Officers • Community Relations Officers Future Acts) • Reception • Coordination of PBC Support
PBC SUPPORT PROGRAM: Co-opting model - expertise and skills engaged as needed from across the organisation.
15 | Queensland South Native Title Services 3. Strengthening organisation capability to enable The organisational structure for QSNTS PBCs to manage and maximise native title as at 30 June 2015 is as follows: outcomes. From 2013 – 2016, our focus is to improve 4. Advocating to reform and improve the native engagement with our clients, constituents and title system through influencing policy, stakeholders. We will increase the rate of resolution legislation and administrative processes. of claims, effectively manage disputes and promote cohesive relationships between clients. We will QSNTS fulfils its functions through a service continue to respond to an evolving native title delivery model founded on the assertion that environment by: native title has a vital role to play in delivering recognition and justice for Aboriginal Peoples 1. Providing high quality professional services and Torres Strait Islanders. QSNTS takes an to secure native title or alternative settlement approach that aims to enhance Traditional outcomes for Traditional Owners. Owners’ capacity for autonomy by developing a service delivery model based on reform, capacity 2. Establishing, developing and maintaining development and statutory services. a leading dispute resolution capability.
Through Native Title, we drive the achievement of Indigenous self-determination to redress the past, strengthen the present and empower the future.
Annual Report 2014 – 2015 | 16 Activities such as mining, petroleum, exploration and compulsory acquisition of land for non- STATUTORY government parties are notified under s29 of the NTA. Where a right to negotiate applies, QSNTS SERVICES provides a service representing the registered native title claim group in negotiation and arbitration QSNTS delivers a complete range of statutory of future acts as necessary. services to realise our clients’ aspirations. Indigenous Land Use Agreements (ILUAs) Native Title Claims An ILUA is a negotiated agreement between QSNTS provides legal representation and native title groups and other parties (for example, facilitation assistance to native title claimants government, pastoralists and utility providers) about by providing consultation, mediation, negotiation, the use and management of land and waters in a agreement making and court appearances relating certain area. ILUAs are provided for under the NTA. to their native title claims. They are used as a mechanism to resolve certain native title issues through a negotiated process QSNTS also assists and facilitates research for as an alternative to costly and time-consuming and preparation of native title claims. This includes litigation processes. A registered ILUA is legally seeking evidence to determine ‘right people for binding for the parties to the agreement and native right country’, resolving disputes that may arise in title holders. identifying the claim group and certification of the claim for lodgement with the Federal Court QSNTS provides facilitation assistance and of Australia. representation in negotiating, resolving and certifying registration of ILUAs. Further information about QSNTS’s legal and research assistance during the reporting period Further information regarding QSNTS’s ILUA can be found in the performance report section. negotiations during the reporting period can be found in the performance report section. Future Acts Reform A ‘future act’ is a proposed activity that may QSNTS is committed to the development of a fair affect native title, for example: mining, exploration, and balanced native title system, making advocacy compulsory acquisition, tourism and other for reform and improvement of native title processes developments. Under the Native Title Act 1993 and outcomes a necessary function. To this end, (Cth) (NTA) and Aboriginal Cultural Heritage QSNTS takes every opportunity to engage with Act 2011 (QLD), a registered native title claim reviews of administrative frameworks, and both has certain procedural rights, which include the state and federal legislation. Further, QSNTS right for Applicants to be notified and consulted participates extensively in advocacy programs on future acts that may affect their native title through its membership with the National Native rights and interests. Title Council (NNTC), as well as state-wide collaborative efforts with other NTRBs/NTSPs. Most future acts are notified under s24 of the NTA. As the NTSP for the region, QSNTS receives future acts notices and forwards them to the relevant Capacity Development native title claim Applicants. QSNTS provides A key function of QSNTS is to establish and registered Applicants with assistance to understand enhance the capability of Aboriginal People and the complex process allowing them to comment on Torres Strait Islanders to effectively pursue avenues or object to the proposed activities. of self-determination by benefitting from their native title rights and interests recognised as part of the broader native title system.
17 | Queensland South Native Title Services QSNTS’s Prescribed Bodies Corporate (PBC) Support Program operates to this end, with the understanding that on determination of native title, Traditional Owners procure responsibility of managing associated rights and interests with little to no funding, training or other support to effectively do so. Though limited to providing ‘in-kind’ support, QSNTS focuses on the existing skills, aspirations and needs of Traditional Owner groups to help establish rewarding partnerships, manage their native title rights and interests independently and sustainably, and work toward the overarching goal of genuine self-sufficiency.
The PBC Support Program functions as a request- driven ‘facilitation and assistance’ service under s 203BB of the Native Title Act 1993 (Cth), offering assistance across a broad range of fields, from PBC establishment to administrative compliance, community engagement and financial management.
Left: Butchulla, Right: Butchulla
Annual Report 20122014 – 20132015 | 18 PERFORMANCE REPORT
Near Lake Moondarra on Kalkadoon country
19 | Queensland South Native Title Services CLAIMED AREAS
Annual Report 20122014 – 20132015 | 20 REVIEW OF PERFORMANCE QSNTS is proud to report that a number of native title claim groups within our region have achieved a determination of native title during this reporting period, by consent determination or judicial hearing. Additionally, the rise in native title determinations has coincided with increased Future Act activities, as seen in the table beside.
On Yulluna country
21 | Queensland South Native Title Services Outputs 2014 - 2015
Facilitation and Assistance Number
The Claims Experience
Total active registered claims within the region: 31 Active Claims Represented at 1 July 2014 22 Plus claims filed by QSNTS: 2 Less claims determined: 5 Less claims dismissed (represented by QSNTS): 0 Dismissed claims to which QSNTS was a respondent: 2 Ceased to act: 0 Plus or less any other (consolidated): 1 Active claims represented at 30 June 2015: 20 QSNTS as respondent: 6 Of these, matters discontinued or resolved the reporting period: 2 Claims in development: 5 Non-Claimant applications: 6 Discontinued / resolved non-claimant applications: 2 Compensation claims 0 s203 BJ(b) Regional research projects: 3 The Agreements Experience Future Acts notices received 1885 Responses to future acts 1707 Agreements Concluded 8 Agreements in Development 30 ILUAs concluded and registered 43 ILUAs in development Complains and Disputes Complaints received 8 Complaint resolved 8 Complaints pending resolution 0 Requests for Review of Decisions Not to Assist Requests Received 3 Reviews Completed 2 Petitions overturned on external appeal 0
Annual Report 2014 – 2015 | 22 NARRATIVE Consent Determinations Kullilli People – Native Title Consent DISCUSSION Determination - 2 July 2014 The Kullilli native title determination area (NTDA) The 2014-15 reporting period has seen covers approximately 32,200 km2 of land and waters surrounding Thargomindah in Queensland’s widespread progress for Traditional south-west region. Owners assisted by QSNTS, including After the dismissal of earlier defective claims, the accomplishment of five consent QSNTS commenced to act for the Kullilli People in determinations and significant steps 2009, filing a new claim that was registered by the National Native Title Tribunal in the same year. The toward a similar outcome for many claim comprised 30 respondent parties including other clients. pastoralists, the Bulloo and Quilpie Regional Councils, and electricity supplier Ergon Energy.
In 2012, an on country expedition comprising Kullilli Elders and representatives of the State of Queensland played an important role is securing the State’s acceptance of connection to the land. Throughout 2013 and early 2014, negotiations continued with the State and other respondents, and a final authorisation meeting was held during early May 2014 to approve the final terms of the consent determination.
On 2 July 2014, the Federal Court of Australia held an on country sitting at Thargomindah to formally recognise the native title rights and interests of the Kullilli People at a consent determination hearing. To commemorate the historic occasion, country singer and proud Kullilli man Chad Morgan performed at the celebration, along with popular band Mop and Dropouts, which also boasts strong membership with the Kullilli People.
Left: Attendants at the Kullilli People’s consent determination, Middle: Kullilli People wearing t-shirts commemorating the occasion, Right: Kullilli People celebrating the historic recognition of their native title rights 23 | Queensland South Native Title Services Butchulla People – Native Title Consent Court of Australia, held on 5 December 2014. Determination – 24 October 2014 The special hearing took place at the rural town Closing on a ten-year battle to resolve their of Amby, 65km west of Roma, and recognised native title claim oover K’gari (Fraser Island) off the non-exclusive native title rights and interests the coast of Queensland, the Butchulla People of the Gunggari People over certain areas of land, successfully gained recognition as Traditional pastoral and other leases, and various creeks Owners at an on-country sitting of the Federal and rivers, including a 120km stretch of the Court on 24 October 2014. Maranoa River.
The Butchulla native title determination area The outcome marked a second native title includes about 1,640km2 of sandy dunes, sub- determination for the Gunggari People, who were tropical rainforests and pristine lakes found on recognised as holding native title rights during a Fraser Island, where the Butchulla People have consent determination made by the Hon Justice John a proud tradition of maintaining places of Reeves at the nearby town of Mitchell in June 2012. importance, teaching on the area, and conducting and participating in cultural rituals and ceremonies. The determination resulted from negotiations involving the Gunggari People, the State of Formally recognised by the Hon Justice Berna Queensland, the Maranoa Regional Council Collier of the Federal Court of Australia, the and various other parties to the application. Butchulla native title consent determination hearing attracted more than 400 Butchulla People and other dignitaries to witness and celebrate the Budjiti People – Native Title Consent historic occasion. Determination – 23 June 2015 During a Federal Court hearing held on country at The native title declaration accompanied an Currawinya National Park, the Budjiti People were Indigenous Land Use Agreement (ILUA) aiming to granted formal recognition of native title rights strengthen economic opportunities for the current covering more than 16,700km2 of land and waters and future generations of Butchulla People through in Queensland’s south-west region. eco-tourism and related business development. The Budjiti People first lodged their native title Gunggari People – Third Native Title Consent claim in February 2007, seeking native title Determination – 24 October 2014 recognition over a claim area such as several significant Indigenous landmarks, including the In a second win for the Gunggari People, the Hon Caiwarro watering hole, the Currawinya Lakes, Justice Darryl Rangiah formally recognised native Boorara Lakes and the Dynevor Lakes. title over approximately 146km2 in central southern Queensland at an on country hearing of the Federal
Left: Butchulla People bearing official recognition of native rights by the Federal Court of Australia, Middle: A traditional ceremony performed at the Butchulla People’s consent determination, Right: Butchulla People celebrating the event Annual Report 2014 – 2015 | 24 Identifying as a river people, the Budjiti People After initially filing the claim in November sought to have native title rights and interests 2006, the State of Queensland accepted the recognised that enabled them to hunt, fish and Boonthamurra People’s connection to country gather resources from the land, conduct ceremonies in September 2011, and negotiations toward an and meetings in the area, maintain areas of Indigenous Land Use Agreement (ILUA) followed significance and be buried in the claim region. shortly thereafter.
In August 2014, a preservation of evidence hearing The consent determination hearing, held at involved several site visits to landmarks such as the Eromanga Town Hall which falls within the renowned rock formation the Granites, the old boundaries of the Boonthamurra traditional country, Homestead and the Woolsheds at Currawinya recognised rights to access the area, camp, hunt, National Park, the Quinine trees, Top Camp and the fish and gather resources from the land, and conduct Paroo River Bridge at Eulo. ceremonies in accordance with the traditional laws and customs of the Boonthamurra People. The claim was determined by the Hon Justice John Mansfield with the consent of all parties, which included the State of Queensland, the Paroo and Bulloo Shire Councils, Ergon Energy, Telstra and various mining entities, including Santos, Origin Energy and Vamgas.
Boonthamurra People – Native Title Consent Determination – 25 June 2015 In a remote sitting near Cunnamulla on 25 June 2015, the Hon Justice John Mansfield of the Federal Court granted recognition to the Boonthamurra People as native title holders over more than 24,400km2 of land and waters in Queensland’s south-west region.
The native title claim area is located in the Quilpie and Barcoo Shire Councils, with the Boonthamurra People’s connection to country well-documented since the 1860s following the migration of the Costello and Durack pastoralist families, who herded cattle and settled significant landmarks throughout the area.
Left: The Hon Justice Mansfield and others at the Budjiti People’s consent determination, Middle and Right: Budjiti People celebrating the formal recognition of native title rights and interests 25 | Queensland South Native Title Services Butchulla CURRENT The 2014-15 reporting period has seen the remaining Butchulla claim substantially progressed, with further connection statements, expert reports, CLAIMS and specific summaries of lay and expert evidence on sites of connection and use/occupation areas Barada Kabalbara Yetimarala provided to the State and Commonwealth for further assessment. The Barada Kabalbara Yetimarala (BKY) People have two native title claims, QUD 383/2013 and Discussions between the Applicant and the State QUD 439/2013. have proven very productive and the parties are continuing to engage in ongoing conferences On 21 August 2014, the QUD 383/2013 claim over steps to resolve connection issues. was amended to remove an overlap with the Barada Barna native title claim. The Barada Barna Further, the Applicant and the State (acting through claim, which is overlapped by the Widi claim, is the Department of Health Services on behalf of scheduled to go to a hearing in the Federal Court in the Queensland Ambulance Service) have also November 2015. QSNTS has provided assistance been in negotiations over the first six months of to a BKY Applicant to be joined as a respondent 2015 in relation to a surrender indigenous land use to the Barada Barna proceedings. Part of this work agreement over a Rainbow Beach land parcel, and has involved continuing expert anthropological area wholly within the external boundaries of the research which to help inform future progress of claim area. the BKY claim.
Interviews with BKY claimants have occurred in Darumbal Rockhampton and Woorabinda in preparation for On 10 December 2013, the Darumbal People producing detailed witness statements to support native title determination application was the claims. Further work on the connection material programmed for a two-part hearing (trial) scheduled with both the legal team and the research team, for Rockhampton in December 2014 and Brisbane including the expert anthropologist, will continue. in March 2015 to determine the question of the Darumbal People’s connection to country. The matters are yet to be listed for directions before the Federal Court, pending the resolution of the In November 2014, the Applicant, the State Barada Barna and Widi overlap hearing. and the Commonwealth reached agreement on connection and in December 2014, the trial was vacated.
Left: A smoking ceremony is held ahead of the Boonthamurra People’s consent determination hearing, Middle: Boonthamurra People at the hearing of the Federal Court of Australia, Right: Attendants at the Boonthamurra People’s consent determination hearing Annual Report 2014 – 2015 | 26 In March 2015, the Darumbal People authorised number of Regional Councils including: Bundaberg, amendments to the application to reflect the Fraser Coast, Gympie, Moreton Bay, Somerset, agreement on connection previously reached Sunshine Coast and Noosa. between the parties. On 8 August 2014 the State provided its response A timetable to progress the matter towards a to Dr Anthony Redmond’s connection report determination by consent has been provided entitled Sunshine Coast Region (Kabi Kabi) to the Federal Court and is the subject of case “Native Title Connection Report dated September management by the Federal Court. 2012. The State formed the view that further information would be required before the State could enter into substantive negotiations towards Gunggari #4 a consent determination. The Gunggari People #4 native title claim has remained adjourned since its last directions On 19 December 2014, QSNTS provided the hearing in September 2013. It was not listed for State with nine witness statements from the any directions hearings during the 2014-15 Kabi Kabi claim group in support of Kabi Kabi’s reporting period. connection. Subsequently, the State was also provided with various appendices to Dr Redmond’s The Gunggari People #4 claim is entirely Report including genealogies. overlapped by Part B of the Bidjara People #6 claim, and neither matter (both of which must be On 8 May 2015, QSNTS also provided the heard together due to the overlap) is expected to State with Dr Redmond’s supplementary report be listed for directions until Part A of the Bidjara entitled Kabi Kabi First Nation Traditional Owners: People #6 native title claim is determined. Supplementary Report, as well as the Revised Anthropological Connection Report: Sunshine In December 2014, consultant anthropologist Dr Coast Region [Kabi Kabi] report, both dated April Kevin Mayo delivered a draft connection report 2015, and on 1 June 2015 three further witness to QSNTS in relation to the Gunggari People #4 statements were provided to the State. claim. In addition to assisting Dr Mayo with his research, QSNTS collected a number of witness At a directions hearing on 4 June 2015, the Federal statements from Gunggari claimants during the Court ordered that any further witness statements reporting period. upon which the applicant intended to rely in relation to the issue of connection were to be provided to Kabi Kabi the State by 31 July 2015. The Kabi Kabi People native title claim includes On 26 June 2015 the State accepted the opinions Gympie and the surrounding area, south to and explanation provided by Dr Redmond in relation Caboolture and north to Howard. It falls within a to the issues raised in the initial connection
Left: A Gunggari Elder at the consent determination, Middle: The smoking ceremony held before the Gunggari People’s consent determination hearing 27 | Queensland South Native Title Services report, however the State was unable to give Kooma #4 Part B area. Stage 2 of the research a final position as to whether all issues had been is currently on track to be completed by 30 resolved until such time as it received all of the September 2015. QSNTS anticipates completing witness statements in relation to connection. It its assessment of the Stage 2 research by 31 will then anticipated that approximately 12 witness October 2015 and presenting the findings to the statements would be provided to the State prior Kooma People by 30 November 2015. to the deadline of 31 July 2015. Kunja Koa A native title claim for the Kunja people was lodged In April 2015, QSNTS received a request for on 17 July 2015 following an authorisation meeting facilitation and assistance to research and that was held at Cunnamulla on 13 June 2015. The prepare a native title application on behalf of Kunja people used a traditional decision making the Koa People. process to authorise the native title claim and to appoint an Applicant group to manage matters The request was made within the context of the relating to the claim. The lodgement of this claim Koa People wishing to respond to a non-claimant followed considerable work in resolving boundary application filed by a pastoralist in relation to a issues with the Budjiti People. property west of the town of Winton in north-west Queensland and within an area over which the Koa Numerous interviews were conducted over the People assert native title rights and interests. The period with Kunja People which are being developed non-claimant application seeks a Federal Court into witness statements. This work will continue determination that native title does not exist in over the next financial year period along with some relation to the pastoral property. additional targeted anthropological research.
In May and June 2015, QSNTS assisted with the Mandandanji preparation of a Koa People native title application and the organisation of an authorisation meeting to In accordance with s203BJ(b) of the Native be held on 4 July 2015. Title Act, QSNTS has conducted the St George Regional Research Project to assist in refining the QSNTS also engaged Consultant Anthropologist claim group description and the southern external Dr Kevin Mayo to begin research and preparation of boundary of the Mandandanji People’s claim. The a connection report in relation to the proposed Koa St George Project is scheduled to be completed People native title claim. by the end of September 2015.
Kooma #4 Part B As part of the St George Project, in September 2014, Mr Ray Wood presented anthropological, At a directions hearing in April 2014, the Federal historical and genealogical research findings at Court ordered that the Kooma People #4 Native three (3) information meetings held in: Toowoomba, Title Claim be divided into Parts A and B. The Roma and St George. Kooma People #4 Part A claim was determined by the Federal Court on 25 June 2014. At an Applicant meeting held in February 2015 The Kooma #4 Part B claim falls within an area Dr John Morton presented his anthropological, extending in the south from the New South Wales historical and genealogical research findings of and Queensland border to the western bank of the St George Project and how it may affect the the Culgoa River and includes the towns of Mandandanji People’s claim. Hebel and Dirranbandi. In March 2015, Dr John Morton, completed his QSNTS, as part of its St George Regional Further Supplementary Anthropological Report. Research Project, has engaged Mr Jitendra Dr Morton’s report takes into account a number of Kumarage to undertake Stage 2 of the Project reports provided, to date, by the St George Project. which will include research involving most of the
Annual Report 2014 – 2015 | 28 QSNTS and the State met to discuss connection in During the mid-1990s there were a number January 2015. It was agreed that the State suspend of different claims over this area, which were its assessment of connection until the completion of combined in 2001 under the stewardship of the the St George Project. Gurang Land Council.
In late 2008, QSNTS commenced to act for the Mardigan claim group and in May 2009 this claim was The Mardigan People’s native title claim was filed registered with the National Native Title Tribunal. on 17 January 2007. This claim was listed for a consent determination The claim relates to land and waters in South West on 28 April 2014. It was delisted as a result of Queensland, covering a broad area between the the State taking a particular view of the evidence Paroo River and the Grey Range, including the required for a determination over town and urban town of Quilpie. areas. Upon receiving this information, QSNTS conducted further research to which the State Substantial resources have been devoted to this responded positively. claim in an effort to generate evidence sufficient to persuade the State that it may properly consent to Negotiations have been continuing towards the a determination of native title. resolution of complex tenure issues and issues raised by the State regarding the area of the claim Mitakoodi and Mayi and the claim group description.
In June 2015, in response to a non-claimant native Although listed for trial (connection only) during title application, an authorisation meeting was held March 2016, a consent determination in mid-2016 in Mt Isa with video-link locations in Townsville, may be achievable. Rockhampton and Brisbane.
As a result of the meeting and on the back of Quandamooka research carried out as part of the Gilliat Flinders A new native title determination application was Research Project, a native title determination filed with the Federal Court of Australia on behalf application was authorised and then filed with the of the Quandamooka People over Moreton Island National Native Title Tribunal in late June 2015 on (Mulgumpin) on 18 November 2014. behalf of the Mitakoodi and Mayi Peoples. To further assist with the application, QSNTS has appointed Two Quandamooka Elders, Dr Robert Anderson anthropologist Daniel Leo to undertake further and Ms Evelyn Parkin, were authorised to jointly research during 2015-2016. make the application on behalf of the claim group. The application was accepted by the Registrar Mithaka of the National Native Title Tribunal on 25 March 2015, and notified on 20 May 2015. The Mithaka People’s native title claim was first filed in 2002 and includes areas on the verge of the Connection statements have been collected Queensland and South Australian border. over the course of the first half 2015, with a connection brief of evidence planned to be During the reporting period, QSNTS continued to provided to the State and respondents for represent the Mithaka People in progressing their assessment by October 2015. native title claim. Significantly, the Mithaka claim, which was set down for trial in May 2014, is now on Wadja track towards a consent determination. The Federal Court has set a consent determination hearing on Connection material relating to the Wadja native 27 October 2015 in Windorah. title claim was filed in the Federal Court on 11 July 2014, and formal feedback on the Wadja claim was Port Curtis Coral Coast
23 29 | Queensland South Native Title Services received from the State Government in November Wangan and Jagalingou 2014. A Work Plan and Indicative Timetable for The Wangan and Jagalingou application was filed Progressing Preliminary Issues was provided to on 27 May 2004. the Federal Court in April 2015. On 15 November 2012, the Bidjara People #7 The work plan contemplates Wadja and the application was filed, which substantially overlaps Gaangalu Nation agreeing on joint terms of the Wangan and Jagalingou claim area. reference for further anthropological work to be completed with the cooperation of both groups. On 3 October 2014, the connection material The work plan also considers supplementary including an anthropological report and a connection research relevant to the State genealogical report was provided to the State Government’s feedback. Additional witness on a confidential and without prejudice basis. statements will be completed by the end of On 14 October 2014, the State advised that it will November 2015 and relevant material will not commence its review of the connection material be provided to the State Government by mid- until the overlap between Bidjara People #7 and December 2015. the Wangan and Jagalingou is resolved.
Wakka Wakka #3, #4 and #5 QSNTS will continue to take witness statements as part of the connection material pending resolution Three discrete claims were lodged on behalf of the of the overlap. Wakka Wakka people with a view to minimising the impact of competing rights asserted by members of the claim groups. Western Kangalou In this reporting period, consultant anthropologist Some of those competing interests have been Kim McCaul continued to research and prepared resolved through mediation and negotiation a connection report in relation to the Western arranged by QSNTS. Further mediation and Kangoulu People’s native title claim. negotiation in relation to the balance of competing asserted interests is ongoing. The first Federal Court directions hearing for the Western Kangoulu People’s native title claim was Research and interviewing of traditional owner held in March 2015 where orders were made witnesses continues. placing the matter into case management by the Registrar of the Court. An overlapping claim was filed by the Djukande People and discontinued during the reporting period. Following a case management conference held in April 2015, the Deputy Registrar ordered that the Applicant and the State develop a proposed work plan, which was subsequently filed in May 2015.
Bike Tree on road to Urandangi, Bularnu Waluwarra Wangkayujuru country 24 Annual Report 2014 – 2015 | 30 Under the proposed work plan, the Western Kangoulu Applicant must provide Mr McCaul’s completed connection report to the State of QSNTS AS A Queensland in late November 2015. RESPONDENT Woppaburra Wongkumara The Woppaburra People filed their native title claim QSNTS became a party to the Wongkumara on 8 November 2013. The claim encompasses People’s native title determination application the Keppel Islands and surrounding waters off the following representations by persons asserting to coast from Rockhampton. be part of the native title claim group but, because of the way the claim is described, were excluded In this period, evidence has continued to be from that claim group. collected from the Woppaburra People in order to progress the claim towards a successful QSNTS’s involvement in the claim is pursuant to native title determination. Significantly, consultant statutory obligation to protect the interests of all anthropologist Dr Anna Kenny has continued those people who may hold native title. to work on her expert anthropological report, scheduled to be delivered to QSNTS in QSNTS has devoted resources to obtaining September 2015. research, interviewing Traditional Owners and engaging in alternative dispute resolution in Yulluna #4 this matter. The Yulluna People #4 native title application is QSNTS has a firm view that a properly described in relation to a single parcel of unallocated State native title claim group will succeed in obtaining a land near the town of Duchess in north west positive determination of native title for this claim Queensland, which was excluded from the area area. The claim area straddles the Queensland and of the Yulluna People #3 consent determination New South Wales borders, with the majority falling due to technical reasons. within Queensland. The Yulluna People #4 claim was filed in the Federal Court on 2 February 2015 and accepted Bigambul for registration on 30 March 2015. The claim was QSNTS became a party to the Bigambul publicly notified on 20 May 2015 and remained in People’s native title determination application notification for the remainder of the reporting period. following representations that the claim was wrongly described in that persons who were
Emus on Yulluna country
31 | Queensland South Native Title Services not Bigambul People were included in the claim Djakunde People group description. QSNTS became a respondent party to a claim The position articulated by QSNTS had been lodged on behalf the Djakunde People. strongly resisted by the Applicant for the native title claim group (represented by a private solicitor). That claim as lodged overlapped the three Wakka Wakka People’s claims as well as the registered claim of the Wulli Wulli People. QSNTS conducted extensive research and interviewed Traditional Owners which confirmed the In addition to concerns the claim had not been view held by QSNTS that the claim group needed properly authorised, QSNTS considered that the to be re-described principally by deleting an apical claim group as described represented a subgroup ancestor who could not be considered to be a and was not a society as required to achieve a Bigambul person in any relevant sense. QSNTS native title determination. also formed the view that the boundaries of the claim required some reduction to properly reflect QSNTS became a party to the claim aiming to have traditional boundaries as at effective sovereignty. it dismissed, however the Applicant withdrew its application at a relatively early date. After being joined as a respondent party, QSNTS filed the evidence it had developed. That evidence Koinjmal People was considered by an expert anthropologist for the State of Queensland and accepted. QSNTS became a respondent party to a claim lodged on behalf of the Koinjmal people. The claim group subsequently met and authorised amendments to the claim group description and The claim overlaps three registered claims in the the claim boundaries which corresponded with the QSNTS region and one registered claim in the position QSNTS had consistently advocated. NQLC region.
The matter will now proceed to a consent QSNTS considered that the claim group as determination. described probably represented a subgroup and that the claim lacked any substantial evidential basis.
Wierdi People QSNTS became a respondent for the sole purpose QSNTS became a respondent party to a claim of attempting to have the claim dismissed. lodged on behalf the Wierdi People. Bidjara People #7 That claim as lodged overlapped nine registered native title determination applications spanning both The Bidjara People #7 is effectively an expansion the QSNTS region and the NQLC Region. of the Bidjara People #6 claim.
QSNTS considered that the claim group as Part of the Bidjara People #6 claim was the subject described represented a subgroup and was not a of a negative determination following a trial involving society in the sense required to achieve a native three native title claim groups. None of the claimant title determination. QSNTS was also concerned groups were successful at trial. that the claim had not been properly authorised. The claim overlaps four other registered claims QSNTS became a party to the claim for the sole represented by QSNTS as well as residual purpose of having it dismissed. Fortunately, the elements claimed by the groups that were Applicant for that claim withdrew its application involved in the unsuccessful hearing. at a relatively early date.
Annual Report 2014 – 2015 | 32 QSNTS does not believe that the land and waters claimed in Bidjara People #7 represents the traditional land and waters of the Bidjara People OTHER LITIGATION as at effective sovereignty and that the claim is not supported by proper evidence. Quandamooka Yoolooburrabee Aboriginal Corporation v State of Queensland
Turrbal / Yugara Yugarapul Following the passing of the North Stradbroke Island Protection and Sustainability Act QSNTS became a respondent to the applications Amendment Act, QSNTS received a request from of the Turrbal and Yugara Yugarapul Peoples the Quandamooka Yoolooburrabee Aboriginal applications after judgement was handed down Corporation (‘QYAC’) to assist it to challenge by Justice Jessup in which his Honour found that that legislation on the basis that it was contrary native title did not exist within the claim area and to the terms of the determination of native title sought submissions as to the ultimate disposition the Quandamooka People received in July 2011 of the applications. and was contrary to the provisions of the Native Title Act 1993 (Cth). QSNTS was concerned that the court might make a determination that native title did not exist within QSNTS obtained advice from Senior Counsel the claim area, despite there being no application that there were reasonable prospects of persuading by the State of Queensland for orders of that kind. the High Court that the Queensland legislation was unconstitutional on the basis that it was QSNTS was successful in obtaining leave to inconsistent with the provisions of the Native join as a respondent for the limited purpose of Title Act 1993 (Cth). making submissions as to the ultimate disposition of the claims. In the lead up to the 2015 Queensland election indications were given that if the government Ultimately, Justice Jessup rejected the submissions changed steps would be taken to repeal the made by QSNTS and made a determination that Queensland legislation. The present Queensland native title did not exist within the claim area, which government has indicated that the legislation will includes metropolitan Brisbane. be repealed.
QSNTS has appealed that decision. If the legislation is repealed the application to the High Court can be discontinued. QSNTS’s ultimate position will be influenced by the outcome of the appeal in the Wyman on behalf of the Bidjara People v State of Queensland QSNTS v The Registrar of the National Native where a similar point is being considered by a Title Tribunal Full Court. If the Full Court holds that the court has This is an application under the Administrative jurisdiction to make a negative determination absent Decisions (Judicial Review) Act 1977 (Cth), an application in that regard, it is likely that QSNTS seeking to have an Indigenous Land Use will seek to discontinue its appeal. Agreement (‘ILUA ‘) removed from the Register of Indigenous Land Use Agreements.
The application followed representations from the Board of the Prescribed Body Corporate for the Kalkadoon People, which expressed concerns the ILUA had not been operating in the way the Board believed it was intended, and that the Kalkadoon common-law Native Title Holders were being disadvantaged as a consequence.
33 | Queensland South Native Title Services QSNTS obtained advice from several counsel meeting was held in July 2015 in Brisbane via (including senior counsel) as to the validity of the video-link involving people asserting a native title ILUA and, as a consequence of that advice, formed claim over the area. the view that the ILUA was invalid. The nature of that invalidity is such that the ILUA ought never Participants at the meeting authorised the lodging have been registered. of a Koa Peoples native title determination application, and instructions were received from the group to proceed with an application. The native title determination application has now been filed RESEARCH and new research specifically into Koa connection is currently being carried out. Anthropologist Kevin During the reporting period, work has continued Mayo has also been engaged to conduct further on six regional research projects research in relation to the area now covered by the Koa Peoples application during 2015 with a final • Central West Research Project; due date of February 2016. • Darling Downs Research Project; • Gilliat Flinders Research Project; Darling Downs • St George Research Project; This region covers an area from Dulacca in the • South East Regional Research Project; and west to the Great Dividing Range in the east, and from Guluguba in the north, south to Toowoomba • Wangkamahdla / Wangkamanha. and Pittsworth and includes the towns of Oakey, Central West Dalby, Tara, Chinchilla and Miles. The Darling Downs Regional Research Project is an integral The research area covered an area bordered in part of QSNTS’s strategy for achieving native title the west by the Pitta Pitta People’s determination outcomes in the Darling Downs region. area, in the east by the Great Dividing Range, in the south by the lower Diamantina River and Coopers In April 2015, consultant anthropologist Ray Creek, and in the north to the Desert Uplands Wood began work on stage 3 of the research to and the Yirandali People’s Claim area. The project obtain further anthropological evidence to support area included the towns of Winton, Longreach, connection to the research area. A number of Barcaldine and Blackall. interviews have been held with people who assert rights and interests throughout the region, with In the 2014-15 reporting period, no further research further interviews anticipated throughout 2015. was planned for this area. However, in March 2015, Completion is anticipated in early 2016. a non-claimant application was filed in the Federal Court over Elderslie Station, within the northern part As a result of family interviews being held by of the research area. In response, an authorisation QSNTS and the provision of further Community
Goanna on Kunja country
Annual Report 2014 – 2015 | 34 and Personal History Summaries, consultant Mitakoodi and Mayi People native title determination genealogist Kate Waters commenced work in application has now been filed. As such, no further April 2015 on a genealogical report to assist with research will be undertaken over the greater Gilliat the Darling Downs claim group composition. This Flinders Research Area. work will continue until the end of 2015. Anthropologist Daniel Leo has been engaged to conduct further research in relation to the area Gilliat Flinders now covered by the Mitakoodi and Mayi People The research area covered an area bordered in application during 2015 -2016. the west by the Kalkadoon and Yulluna Peoples’ determination areas, in the east by Alick Creek, South East Regional Research Project (SERRP) Kynuna and the Diamantina River in the south, and north to the Gkuthaarn and Kukatj People native The South East Regional Research Project title application area. The project area included the (SERRP) commenced in September 2010 and towns of Cloncurry and McKinlay. covers an area that spans from approximately Dayboro and Esk in the north, south to the New As a result of limited engagement by those who South Wales border area, west to Stanthorpe, may hold native title in the research area during Texas and Inglewood and incorporating places 2013-2014 no further research was planned inland such as Clifton, Warwick, Boonah, for 2014-2015. In March 2015, a non-claimant Beaudesert and Ipswich. application was filed in the Federal Court over Flat Top Station, an area of of just under 23km2 Work on the project continued throughout the within the research area within the research area. 2014-2015 reporting period with a significant In response to the non-claimant application and number of people who assert rights and interest in drawing on findings from the 2014 Gilliat Flinders the research area, interviewed by Dr Redmond and Preliminary Research report and other research in-house research officers between July 2014 and materials, an authorisation meeting was held in March 2015. June 2015 in Mount Isa and via video-link locations at Townsville, Rockhampton and Brisbane with Dr Mayo expanded on his Genealogical Report those people who, by responding to notifications between December 2014 and March 2015 and about the meeting asserted they may hold native considerable work was accomplished by in-house title in the relevant area. researchers on the genealogical database and evidence tables formulated for the purpose of Those people attending the meeting authorised the mapping genealogical data. lodging of a native title determination application and an Applicant to it. Instructions were received In May 2015, Dr Redmond delivered to QSNTS an from the group to proceed with an application. The updated Stage 1 anthropological report followed by a Draft Stage 2 anthropological report, where
Shoe Tree on Yulluna country
35 | Queensland South Native Title Services he drew extensively on data collected during People’s determined area in the north, the Pitta the interview process. Both of these reports are Pitta People’s determined area in the east, currently being peer-reviewed by experienced the Mithaka People’s and the Wangkangurru/ anthropologist Dr John Morton with the work Yarluyandi People’s claims in the south and the earmarked for completion in the second quarter Queensland - Northern Territory border in the west. of next financial year. Mr Peter Blackwood has been engaged to complete an anthropology report for this area. St George Research Project Due to Mr Blackwood’s involvement with other This research area covers an area spanning from native title matters currently before the Federal near St George in the north, south to the New Court, he has been unable to complete the South Wales border, aast to Tallwood and includes research in this reporting period. It is anticipated the towns of Dirranbandi, Hebel, Nindigully, Thallon, that it will be completed within the early stages and Mungindi. of the next reporting period.
A number of reports have been completed in the current financial year, including: ADVOCACY • An Anthropological Report by Jitendra Kumarage on Pre-Sovereignty Boundaries; Advocacy has always been a key function of • An Anthropological Report by Jitendra QSNTS and is carried out primarily through Kumarage on Pre-Sovereignty Law and three channels: Custom; and • A Genealogical Report by Consultant • QSNTS itself, as an organisational function; Genealogist, Kate Waters. • The Queensland Representative Body Alliance (QRBA); and These reports are assisting QSNTS’s regional • As a member organisation of the National strategy to resolve native title interests in this Native Title Council (NNTC), of which region. Further and continued research will occur Chief Executive Officer Kevin Smith is the during the remainder of 2014 and 2015. Deputy Chair.
Wangkamahdla / Wangkamanha The Queensland Representative Body Alliance (QRBA) is a strategic alliance of each of the native This research area covers a large portion of the title representative bodies and service providers in remaining unclaimed areas in the north-western Queensland. The QRBA was formed in 2013, and extent of the QSNTS region. The area is bounded provides a forum for information and experience by the Bularnu Waluwarra and Wangkayujuru sharing, issue identification, strategy and advocacy at a state level. Left: Dancers at the Nation Building Summit, Right: Participants at the Nation Building Summit Annual Report 2014 – 2015 | 36 The QRBA meets regularly, and is comprised of use and enjoyment of their rights to their the Chairpersons, CEOs and Principal Legal traditional lands and resources; and Officers of: • A number of QSNTS employees presented at the National Native Title Conference of June • North Queensland Land Council; 2015 and led discussions traversing a range • Cape York Land Council; of legal, anthropological, governance and • Torres Strait Regional Authority; dispute resolution matters. • Carpentaria Land Council Aboriginal In June 2015, the Australian Law Reform Corporation; and Commission (ALRC) also released a final report • Queensland South Native Title Services. following its inquiry into the Native Title Act 1993 (Cth), into which both the NNTC and QSNTS There are unique elements in the operating independently made submissions. QSNTS will environment of each native title body’s jurisdiction, now watch with interest to see whether and how and an Alliance at this level provides a perspective recommendations arising from those reviews are of the breadth of native title issues across effected, and what impact they will have on the Queensland. The QRBA also enables strong native title sector. coordination of representative bodies to advocate for common interests and address shared issues. Through the Alliance, native title bodies in Queensland engage with state government and STAKEHOLDER other organisations on a range of issues affecting the native title sector, and coordinate advocacy for ENGAGEMENT legislative, policy and systems change. Each year, QSNTS takes part in a variety of In this reporting period, QSNTS has engaged in a stakeholder engagement events and activities range of advocacy efforts, as follows: designed to support Indigenous empowerment and advocate a stronger native title system. • In May 2015, QSNTS made a submission to the Council of Australian Governments (COAG) in response to proposed amendments to the Nation Building Summit Native Title Act, as part of their investigation into Indigenous land use and administration; In December 2014, QSNTS together with • The QRBA and NNTC also met with COAG Quandamooka Yoolooburrabee Aboriginal representatives as part of their consultation with Corporation (QYAC) co-convened the Registered representative bodies to inform the Indigenous Native Title Body Corporate Nation Building land use and administration investigation; Summit, a two-day conference held on Stradbroke • The QRBA engaged with the Queensland Island providing support and information to Government Department of Natural Resources PBCs established in the wake of a positive and Mines and Department of Aboriginal and native title determination. Torres Strait Islander Partnerships, advocating legislative reform to address various land use, Centred on overcoming the challenges PBCs natural resource and cultural heritage matters; face in managing native title rights, the Nation Building Summit served as a forum for Indigenous • On invitation, QSNTS Chief Executive Officer corporations to draw on the advice of professionals Kevin Smith attended an Indigenous Leader’s and share in the collective knowledge and Roundtable on Property Rights convened by experiences of their peers. Traditional Owners the Australian Human Rights Commission in also engaged in the Summit as a networking May 2015, which provided a national forum to event to connect with potential new business explore opportunities for, and challenges facing, and partnership opportunities. Aboriginal and Torres Strait Islander peoples’
37 | Queensland South Native Title Services On Day One of the Summit, presenters discussed the theme of nation building in the context of funding, National Native Title Conference compliance, decision making, governance, strategic In 2015, more than 740 delegates converged on planning, education and training. Delegates were the traditional lands of the Kuku Yalanji People to also treated to a cultural tour of Minjerribah (North attend the annual National Native Title Conference, Stradbroke Island), highlighting the impact of positive hosted by the Australian Institute of Aboriginal native title determination in strengthening and and Torres Strait Island Studies (AIATSIS) at Port protecting culture, as well as paving the way for Douglas in Queensland. more rewarding economic development. Preceded by a one-day National Prescribed Day Two saw QSNTS representatives and industry Bodies Corporate Meeting on 15 June 2015, experts present a more interactive session for this year’s conference centred on the theme of delegates, compelling groups to consider questions ‘Leadership, legacy and opportunity’, offering a about the direction of their respective corporations unique opportunity for constituents to canvas issues and explore how they were culturally distinct and and engage in debate relating to important native diverse from other groups. Together, the groups title matters. workshopped new ideas to help leverage native title embark on new nation-building opportunities Among delegates were Native Title Holders for economic development. and claimants, Traditional Owners, native title representative bodies and service agencies, Overall, the Summit received high praise as an dignitaries of the Federal Court, the National exercise in empowerment and education, helping Native Title Tribunal, State and Commonwealth Indigenous communities to network and uncover governments, as well as academics, consultants potential business relationships. and other industry representatives.
QSNTS Chief Executive Officer Kevin Smith Alternative Pathways to Outcomes in delivered a speech at the 2015 Conference, Native Title Anthropology Conference sharing insight on Prescribed Body Corporates and the governance necessary to aid Indigenous Earlier this year, QSNTS Chief Executive Officer Australians toward self-determination following Kevin Smith was invited to present at the recognition of native title rights and interests. Alternative Pathways to Outcomes in Native Title Exploring the challenges of compliance, Anthropology conference, hosted by the Australian performance, funding and other important National University’s Centre for Native Title issues, Mr Smith’s address was well-received by Anthropology, and Native Title Services Victoria. constituents attending the conference.
Held at the University of Melbourne on 12-13 Other speakers from QSNTS included: February 2015, the conference attracted a broad range of stakeholders in the field of native title, • Tim Wishart, Principal Legal Officer, and Tony including representatives of the Federal Court Kelly, Legal Officer, who comprised part of a of Australia, Traditional Owners, consultant panel leading a discussion on how to deal anthropologists and legal experts, as well as with difference and conflict; students at the Melbourne Law School. • Mr Wishart was also part of a presentation on the effect of legislative changes permitting the Taking place on the second day the conference, term of pastoral leases to be ‘rolled’; Mr Smith’s address was well-received, providing • Diana Romano, Research Officer, who gave delegates with an overview of the current and a presentation titled Diasporic connection to emerging native title landscape, as well as a country and performing for the state: native synopsis of international and Australian research title recognition in remote South West on nation-building and best practice in Indigenous community self-determination.
Annual Report 2014 – 2015 | 38 Queensland; and to create a culturally safe space to foster discussion • Kelly Thomas-Greer and Craig Reiach, relating to the implementation of traditional Legal Officers, who co-presented a session knowledge through research, education, culture titled Native Title Decisions under the PBC and traditional practices. Regulations - Unshackling the constraints imposed upon PBCs. QSNTS Chief Executive Officer Kevin gave a presentation titled Native Title Reflections and Predictions: Looking Backwards, Looking NAIDOC Forwards in which he shared an overview of:
NAIDOC (National Aboriginal and Islander Day • the characteristics and evolving jurisprudence Observance Committee) Week is a celebration of native title; of Aboriginal and Torres Strait Islander People, • observations of the native title system and recognising the culture, achievements and lessons learned; contributions of Indigenous people. • the problematic burden of proof which rests with native title claimants; In 2014, the theme for NAIDOC Week was • current and anticipated future challenges in Serving Country: Centenary and Beyond, native title; and honouring all Aboriginal and Torres Strait Islander men and women who fought in defence of the • the importance of PBC viability in Indigenous country and their role in shaping Indigenous identity. self determination.
To commemorate the occasion, QSNTS hosted Mr Smith’s presentation was well received by two stalls in each Brisbane and Rockhampton attendees, which included scholars, educators, on 11 July 2014, where QSNTS staff engaged social workers, health workers, Elders and a with more than 1000 visitors throughout the day, broad range of other stakeholders among sharing knowledge about native title and the Indigenous communities. accomplishments of Indigenous Australians in attaining recognition of their native title rights and interests over country. As well as fresh fruit and water, visitors also enjoyed show bags featuring ORGANISATIONAL pens and brochures about native title in Australia. CAPABILITY QSNTS staff worked tirelessly throughout the day to build attractive and engaging stalls featuring Indigenous Procurement colourful photo displays, claim area maps and success stories from across the native title QSNTS is committed to supporting Indigenous landscape. Community members enjoyed seeing employment and business opportunities through themselves and their Elders in photographs, as well the procurement of goods and services supplied as discussing their heritage and culture at length by Indigenous providers. In the 2014-15 financial with QSNTS Researcher, Community Relations year, QSNTS sourced Indigenous businesses Officers and other colleagues. specialising in catering, equipment hire, venue hire and security to supply and support its five consent Traditional Knowledge Conference: Our determinations, meetings and other events. Ways of Knowing and Our Ways of Doing QSNTS continues to invite new partnerships with Indigenous businesses by advertising for The Traditional Knowledge Conference was held expressions of interest through claim newsletters on 25-26 June 2015 at the Brisbane Convention and the QSNTS website. Centre in South Brisbane. The conference aimed
39 | Queensland South Native Title Services After the operational amalgamation in July 2008 Video Conferencing that saw the QSNTS native title region expand its borders beyond Mt Isa and Rockhampton, QSNTS In this reporting period, QSNTS made a significant managed this significant workload by organising effort to modernise its facilities in order to better itself into several small case management teams meet the needs of clients, particularly those living comprising a lawyer, researcher, community in remote communities. Using state-of-the-art relations officer and paralegal. hardware, QSNTS now hosts five virtual meeting rooms featuring high-end video conferencing This structure aided significantly in positive technology, making meetings more accessible outcomes for 12 native title consent determinations for both staff and clients. within a comparatively brief period. However, with such success, QSNTS has had to evolve QSNTS’s video conference facilities are hosted to meet emerging needs of Traditional Owners, by Telstra Business Conferencing. Participants in particularly after native title rights and interests video conferences can connect to meetings by have been recognised. downloading software developed by technology group BlueJeans, enabling them to view both To reflect this, QSNTS has merged its case delegates and accompanying visual aids presented management teams into three larger teams under during the meeting. the leadership of: Since implementing its video conferencing – Mr Tim Wishart, Principal Legal Officer; facilities in March 2015, QSNTS has hosted more than 30 meetings with external clients, – Ms Wati Qalotaki, Deputy Principal Legal including authorisation meetings, PBC Board Officer; and meetings and professional seminars. Internally, – Ms Andrea Olsen, Deputy Principal video conferencing facilities have provided flexibility Legal Officer. for QSNTS employees and Board members to participate in more than 20 meetings and Mr Wishart has retained overall supervision of the conferences from remote locations. QSNTS legal practice, however he now also takes on primary responsibility for Regional Research and PBC work, while Ms Qalotaki and Ms Olsen now Organisational Restructure share responsibility for work with New and Existing Claims. All members of the QSNTS Legal team now In April 2015, QSNTS conducted a significant report directly to either Mr Wishart, Ms Qalotaki or internal restructure to improve its operational capacity. Ms Olsen.
As a diverse organisation, the QSNTS workload Special effort was afforded to ensure the falls into six categories: QSNTS legal representatives, researchers and community relations officers continued working 1. Regional research, comprising four regional with their existing claim groups, while also research projects from which new native title ensuring no conflicts of interest within teams and claims may be possible; maintaining strict information barriers to protect the 2. New claims, for claims that have progressed confidentiality and privacy among clients. past the research phase and are in the process of authorisation and filing in the Federal Court of The restructure has thus far facilitated greater Australia; flexibility within QSNTS, enabling the organisation to respond more readily to changing demands of 3. Existing claims, already in the court system and different claim groups. Similarly, greater access to on the pathway toward consent determination various skill sets and experience across the QSNTS or trial; and team has significantly improved productivity, aiding 4. Prescribed body corporate (PBC) work, in swifter outcomes for Traditional Owners. supporting Traditional Owners to manage native title rights and interests after they have been formally recognised. Annual Report 2014 – 2015 | 40 Media and Communication Activities Prescribed Bodies Corporate
QSNTS takes pride in maintaining quality Support Program communication with its client groups and other The QSNTS Prescribed Bodies Corporate (PBC) stakeholders. To this end, clients receive claim- Support Program entered into its second year specific newsletters intermittently from QSNTS during this reporting period and has continued to keep stakeholders up-to-date on claim to prove a popular and effective tool in aiding information, progress, changes and new Indigenous communities achieve self determination. developments as they occur. One of the program’s many functions is to aid Similarly, QSNTS also distributes an average of two Indigenous groups in applying for funding. In newsletters each year to stakeholders associated January 2015, QSNTS assisted the following with the range of research projects currently under groups in making their funding bids: way in the QSNTS region. These newsletters provide progress information on anthropological • Pitta Pitta; reports, studies and other activities relevant to the area, and invite individuals to participate in research • Kalkadoon; in order to aid potential native claims in future. • Gunggari; • Butchulla; and In 2015, QSNTS conducted a soft rebrand of • Bularnu Waluwarra Wangkayujuru. its printed materials, including its Native Title Handbook and Compliments and Complaints In May 2015, QSNTS was informed that Kullilli, Brochure. Aiming for a more modern appearance Butchulla, Gunggari, Pitta Pitta, Bularnu Waluwarra that encompasses imagery reflecting country, Wangkayujuru and Kalkadoon were all successful nature and Indigenous culture, the new marketing in securing funding, as requested. materials have received positive feedback from stakeholders and will continue to be updated as In the same month, QSNTS also assisted groups to required in future. submit Basic Support Funding applications for the 2015-16 financial year. Those groups were: Since late 2014, QSNTS has also been working diligently toward the launch of a new and updated • Budjiti; organisational website that is user-friendly and • Kalkadoon; responsive to client needs. Designed together with LoveHate Design and featuring information about • Boonthamurra; QSNTS, native title, public notices and relevant • Gunggari; news, the new website will meet more modern • Kooma; expectations around navigation and appearance • Pitta Pitta; and and is anticipated to launch in September 2015. • Yulluna; In the coming year, QSNTS will continue to expand its communications strategy to promote positive While QSNTS awaits decisions on these funding outcomes in the field of native title. applications, it continues to support PBCs in other ways, such as providing training and guidance for effective administration, employee recruitment, financial planning and stakeholder engagement.
41 | Queensland South Native Title Services FUTURE ACTS LEGEND Tenement Type: Legend In the 2014-15 reporting period, QSNTS continued providing support to clients dealing ATP/EPP Authority to Prospect with Future Acts in relation to their native title EPC Exploration Permit for Coal claim areas. EPM Exploration Permit for Minerals MDL Mineral Development License Total s24 Notifications received: 1004 MC Mining Claim Total other Notification received: 148 ML Mining Lease (NTPCs, ILUA related Tenures & Other miscellaneous notices) PL Petroleum Lease SP Sales Permit Total s29 Notifications received: 733 (Breakdown below)
S29 Notifications
Number of notices Type Total number of Tenement Type (Groups represented notices received by QSNTS) EP RTN
ATP/EPP 7 0 0 7 EPC 11 0 11 0 EPM 187 73 182 5 MDL 10 3 10 0 MC 491 240 0 491 ML 26 5 0 26 PL 1 0 0 1 SP 0 0 0 0 Total 733 321 203 530
Paroo River on Budjiti country
Annual Report 2014 – 2015 | 42 OBJECTION APPLICATIONS
Objection Application Status Number of Applications
Objection Lodged 36 Finalised Objection Applications 26
AGREEMENT MAKING
Negotiations Negotiations Active Tenements Negotiations Commenced Finalised Negotiations Abandoned
ATP 0 0 0 0 EPM and EPC 32 8 30 7 ML 1 0 1 0 Other 2 0 2 0 Total 35 8 33 7
ILUAS
Total Number of ILUAs Registered within QSNTS Region: 43 Total Number of ILUAs Notified within QSNTS Region: 31
GRANT FINANCIAL PERFORMANCE REPORT
QSNTS ACTUAL BUDGET ACTUAL VARIANCE FUNCTIONS 2013-14 2014-15 2014-15
Capital 71,813 120,000 146,880 -26,880 Activities 7,267,467 8,777,184 7,286,491 1,490,693 Corporate 3,007,085 3,124,816 2,972,991 151,825 Commitments 2,174,887 1,808,886 1,445,961 362,925 Total 12,521,252 13,830,886 11,852,323 1,978,563
43 | Queensland South Native Title Services CORPORATE REPORT
Annual Report 2014 – 2015 | 44 GOVERNANCE Statement of Main Corporate Governance Practices in place
The QSNTS governance framework comprises QSNTS Directors and Office Bearers as of the following elements: at 30 June 2015:
• Legislative framework (Native Title Act 1993, Chairperson Corporations Act 2001) Colleen Wall • QSNTS Constitution; Deputy Chairperson • QSNTS Board Charter; Michael Cawthorn • Board of Directors; • CEO and Executive Team; and Director • Management Team Bradley Saunders
Director Bernie Yates
Director James William
Maizie Bay, Keppel Island on Woppaburra country
45 | Queensland South Native Title Services CORPORATE FORMER BOARD GOVERNANCE MEMBERS
The QSNTS Constitution forms the basis of our internal governance and regulates our activities through its objects and powers.
The QSNTS Constitution outlines specific instructions for the composition of the Board of Directors, stating that at least one third of the Board must be of Aboriginal or Torres Strait Islander descent. This currently stands at more than half.
The Board comprises of persons with knowledge James Reynolds – Former Director and expertise in areas of native title, anthropology, A man of Gangalidda descent, James was born in Indigenous economic development and dealings Cloncurry and has lived in various cities and towns with service providers. across Australia before settling in his current home in Brisbane, South East Queensland. James has an A Board Charter was produced which is Economics degree and MBA from the University supplementary to and guided by the Constitution. of Queensland, and over 20 years’ professional The Board Charter was prepared as part of their experience in commerce, economics and commitment to providing good governance and regulation of utilities and infrastructure businesses, was designed to assist the Board to maximise predominantly in the energy and utilities sectors. performance through reviewing and adopting best James also serves as Treasurer of non-for-profit governance practices. In the new financial year, organisations Lifetec, which provides assistive the Board Charter is being placed under review for technology advice, and Queensland peak body refinement and improvement in future. Artisan. James ceased service as a member of the QSNTS Board of Directors on 19 December 2014. In this reporting period, QSNTS welcomed three new members to its Board of Directors following the departure of two members in late 2014. Arabella Douglas – Former Chairperson Arabella is a Bundjalung woman from Northern New South Wales. Her professional experience includes working as a Senior Property and Environmental Lawyer, Government Advisor, Senior Executive Public and Corporate Sector, Business Strategist and Board Director. Her focus has been on infrastructure, environment and planning, social and economic sustainability, crisis management and business improvement. Arabella ceased service as a member of the QSNTS Board of Directors on 7 November 2014.
Left: James Reynolds, Right: Arabella Douglas
Annual Report 2014 – 2015 | 46 Colleen Wall – Chairperson BOARD MEMBERS Colleen is the daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary AS AT 30 JUNE 2015 Beesley (nee Minniecon), and a Senior Dauwa Kabi Woman from the Mary tributaries. Colleen is knowledgeable in Aboriginal Land Law and cultural balance in healing through Ancestors, recognizing the important responsibility that Grandmothers hold in maintaining this practice. She recognizes that importance of acknowledging Mother Earth and respective Murang (Totems) as significant beings in maintaining balance in spiritual, physical and mental health, as well as the value of teaching children’s Lore Stories in developing healthy cultural growth in our youth. Colleen is currently a Member of Family Law Council Australia and has presented an Aboriginal Child Rearing Practice paper to them. She works to deliver cultural programs to companies like Black History Month for Brisbane City Council and Clancestry Festival for Queensland Performing Arts Centre. Currently, Colleen is working on a Project documenting Aboriginal Grandmother’s Law for use in areas such as Child Protection and Family Law as well as developing an A&TSI Engagement Policy for Brisbane Power House.
Michael Cawthorn – Deputy Chairperson Michael is from Melbourne and has lived in Alice Springs for the past twelve years. His professional experience includes working in museums and with Aboriginal Land Councils, specialising in native title research, cultural heritage management and protection under various heritage legislation regimes, negotiation and land access agreement making and advice in relation to repatriation programs. Having served previously as Deputy Director of the Museum and Art Gallery of the Northern Territory and the Strehlow Research Centre, as well as Vice President of Museums Australia (Northern Territory), Michael now works as an independent consultant anthropologist.
Bernie Yates – Director Born in Broken Hill, Western New South Wales, Bernie is a father of four and grandfather of five who now hails from Canberra in the Australian Capital Territory. He currently works part-time as a volunteer
Top Left: Colleen Wall, Top Right: Michael Cawthorn, Middle Left: Bernie Yates, Middle Right: Bradley Saunders, Bottom Left: James William 47 | Queensland South Native Title Services and a consultant, with a focus on improving the training, employment and economic development. capacity of both Indigenous organisations and James operates as a management consultant government agencies to strengthen their working to private and public sector organisations, and relationships and ability to achieve positive specialises in areas such as strategy, organisational outcomes. Prior to retiring from the Australian change, and human capital development. James Public Service, Bernie worked in policy and service has also developed specialist knowledge and delivery areas for various Federal Government works as a subject matter expert in the emergent agencies, including Treasury and Employment and space of corporate social responsibility (CSR) Industrial Relations. Bernie moved into Indigenous and has worked extensively on major projects affairs in the early 2000s, first with ATSIC and involving Indigenous Australians in mining and the then the Department of Families, Housing, construction industries. Community Services and Indigenous Affairs (FaHCSIA). Before retiring, Bernie was involved in developing the Council of Australian Governments’ Closing the Gap Strategy and represented the Meeting Attendance Australian Government at the United Nations From the period of 1 July 2014 to 30 June 2015, Permanent Forum on Indigenous Affairs. He is also Director attendance of meetings was as follows: an independent director of an Aboriginal Medical Service in the Top End. No. of No. of Bradley Saunders – Director Meetings Director Meetings Eligible A Regional Director of the Department of Aboriginal attended to Attend and Torres Strait Islander and Multicultural Affairs (DATSIMA), Bradley boasts significant experience Michael Cawthorn 3 3 leading complex organisations to implement and (Deputy Chair) manage successful programs addressing human rights for Indigenous peoples in the areas of Arabella Douglas6 1 1 employment, education and training, child safety and housing in remote and rural Queensland. Bradley is a Gunggari Aboriginal traditional James Reynolds7 1 1 owner from the Maranoa River region of Western Queensland who brings personal knowledge Bradley Saunders 1 1 about Indigenous customs and protocols, along (appointed 2 April 2015) with extensive experience negotiating with and Colleen Wall for Aboriginal groups and leading Aboriginal 3 3 organisations. Bradley joined the QSNTS Board (Chairperson) of Directors on 2 April 2015. James William 3 1
James William - Director Bernie Yates 3 3 James was born and raised on Masig (Yorke Island) and is an active member of the Kulkalgal Ya People of the central islands of the Torres Strait. James has lived in South East Queensland for twenty years and has over 15 years’ experience working with Aboriginal and Torres Strait Islander 6 ‘Arabella Douglas’ term of appointment as a QSNTS Director was from 9 November 2010 to 7 November 2014. communities in Queensland and other states 7 ‘James Reynolds’ term of appointment as a QSNTS Director was from and territories. Throughout his career, James has 19 December 2013 to 19 December 2014. worked in a variety of fields, including housing,
Annual Report 2014 – 2015 | 48 and was the Chairperson of the Aboriginal and Torres Strait Island Community Health Service Brisbane Limited. A former teacher and police officer with the Queensland Police Service for approximately six years, Selwyn has also served as Director, Indigenous Health Policy Branch with Queensland Health and worked within the Department of Education and Training. Selwyn is also a Director of The Lowitja Institute, Oxfam Australia and has served on a variety of councils and committees, including the Queensland Indigenous Education Consultative Committee, COMMENCING Queensland Council of Social Services and the Queensland Aboriginal and Torres Strait Islander BOARD MEMBERS Human Services Coalition. Selwyn joined the QSNTS Board of Directors on 10 July 2015. Pele Bennet – Director Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits - Totemic association: Kadal (Saltwater Crocodile) & Baidham (Tiger Shark). Born and raised in Brisbane and now a proud member of the region’s Indigenous community, Pele commenced her career as a trainee in hearing health and has since worked within the health sector for approximately 16 years. Pele now sits on the board as a Director of Queensland’s oldest community- controlled health organization, ATSICHS, and has maintained a clear sense of obligation to support Aboriginal and Torres Strait Islander workers, families and communities, committing herself to better health outcomes and opportunities for Indigenous Australians to help them succeed in their life journeys. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, and certificates as a trainer/educator and mentor. Pele is also currently working toward a certificate-level qualification in company directorship. Pele joined the QSNTS Board of Directors on 10 July 2015.
Selwyn Button – Director Selwyn is a Gunggari man raised in Cherbourg, South West Queensland. Prior to his appointment as Assistant Director-General, Indigenous Education – State Schools in August 2014, Selwyn held the position of CEO to the Queensland Aboriginal and Islander Health Council (QAIHC)
Left: Selwyn Button, Right: Pele Bennet
49 | Queensland South Native Title Services Mount Isa region of Carpentaria Land Council into Queensland South Native Title Services in 2008. He holds qualifications in both law and business management from the University of Queensland, and was admitted as a solicitor in 1994.
Tim Wishart – Principal Legal Officer Tim has worked in legal practices for 28 years and was admitted to practise as a solicitor in 1991. His legal background is predominately in litigation and commercial law. Tim was appointed as QSNTS’s PLO in September 2011.
Paul Davies – Chief Financial Officer Paul was admitted as a Certified Practicing Accountant in 2003 after completing his studies at the Queensland University of Technology. Paul has acquired a range of experience in the public and not-for-profit sectors, both in Australia and EXECUTIVE overseas. With nine years’ experience in native title working for both representative bodies and MANAGEMENT service providers in Queensland, Paul has the skills required to assist PBC’s to develop and maintain The QSNTS Executive Team consists of: their corporate structures.
– Mr Kevin Smith, Chief Executive Officer; – Mr Paul Davies, Chief Financial Officer; and – Mr Tim Wishart, Principal Legal Officer.
The CFO is responsible for legislative and grant compliance and management of the PBC Support Unit and the PLO leads and oversees both the legal and research teams.
Kevin Smith, Chief Executive Officer Kevin is a descendant of the Meriam Peoples of the Torres Strait with traditional connections to Ugar (Stephen Island) and Erub (Darnley Island). Kevin has over 20 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. Notably, Kevin successfully led the amalgamation and incorporation of the former Gurang and greater
Top Left: Kevin Smith, Top Right: Tim Wishart, Bottom Left: Paul Davies
Annual Report 2014 – 2015 | 50 Claim updates are provided on a regular basis to the Principal Legal Officer, who forms a part PLANNING AND of the Executive Team. Performance against the Operational Plan is assessed by the Executive REPORTING Team on a quarterly basis, and a wider organisational performance report is submitted In this reporting period, QSNTS continued with to the Department of Prime Minister and Cabinet its long-term goals as described in the QSNTS for review on a biannual basis. Strategic Plan 2013-2016. This comprises five primary goals for QSNTS service delivery, which include: RISK 1. Providing high quality professional services to secure native title or alternative settlement outcomes for Traditional Owners; MANAGEMENT 2. Establishing, developing and maintaining As part of the QSNTS risk management strategy, an a leading dispute resolution capability; electronic data management system is maintained 3. Strengthening organisational capability to help manage both physical and electronic and reputation; documents from initial drafting to completion. 4. Developing and maintaining a support capability In early 2015, QSNTS transitioned from the to enable Prescribed Bodies Corporate (PBCs) Total Records and Information Management to manage and maximise native title outcomes; (TRIM) system to the Hewlett Packard Records and Management (HPRM) system. 5. Advocating to reform and improve the native Similar to TRIM, HPRM features controlled title system through influencing policy, security protocols to ensure files are securely legislation and administrative processes. stored and sufficiently protected to preserve solicitor-to-client confidentiality, and documents Progress toward these goals is mapped through can be linked to facilitate the sharing and the QSNTS Operational Plan, which in this collaboration of information within relevant reporting period was provided to the Department case management teams. of Prime Minister and Cabinet on 1 May 2014. The Operational Plan also comprises the QSNTS case The HPRM system also ensures QSNTS meets management plans relating to native title claims regulatory and information discovery obligations, managed by the organisation, and monitored through which in turn supports organisational transparency weekly meetings of each service delivery team. and governance. Data is backed up on a daily basis and sent to an external data centre for salvation if required, preventing the loss of corporate knowledge.
51 | Queensland South Native Title Services To manage risk with regard to human resources, To this end, it is a requirement among employees QSNTS also engages in extensive workforce that cultural diversity be recognised and respected planning to provide structure around human to provide culturally appropriate services that resource management and industrial issues. This are professional, accountable, collaborative year’s internal restructure is also reflective of risk and openly communicated. reduction efforts as workloads within the native title sector evolve and more determinations are In pursuing this goal, QSNTS at all times aims to: finalised. As a result, QSNTS’s recent restructure has enabled the organisation to respond swiftly – treat all clients fairly and impartially; and efficiently to the changing needs of clients. – recognise and respect cultural and Accurate record-keeping protects against issues other diversity; around remuneration, industrial relations and – provide explanations for required processes employment conditions, and adequate levels of and standards, and present such explanations WorkCover are consistently maintained. in a form clients can understand;
In terms of stakeholder engagement, QSNTS – ensure clients are able to discuss decisions endeavours to maximise outcomes from its which affect them with someone who is able community events while also operating within to understand and respond to their concerns; adequate budgetary and time constraints. To this – listen to client suggestions for improvement to end, QSNTS reserves 15% of its operation budget services and give serious consideration to all to the coordination of events, including large-scale the suggestions QSNTS receives; and determinations, field trips for research purposes, – collaborate meaningfully with a wide range and other engagement opportunities. Cost-benefit of government, industry and other stakeholders to analyses enable QSNTS to monitor outcomes achieve the best outcomes for Traditional Owners. against input and manage fiscal risks in this area. These standards of service and organisational objectives are detailed in the QSNTS Policy and Procedure Manual, which is available to all ETHICAL employees on the company intranet and through the records management system. Employees are STANDARDS assessed in accordance with QSNTS’s ethical standards and values concurrently with regular QSNTS employees are expected to maintain a high performance reviews. Breaches of QSNTS’s ethical standard of integrity, honesty and fair dealing, and standards are treated seriously and may result in to conduct themselves at all times so as to reflect appropriate disciplinary action. positively on the good standing and best interests of the organisation.
Left: Paul Richards with a Kullilli Elder at the consent determination, Right: Kooma man Wayne ‘Coco’ Wharton with Kevin Smith Annual Report 2014 – 2015 | 52 REMUNERATION EXTERNAL OF STAFF SCRUTINY
Remuneration of staff is determined by the QSNTS An independent annual financial audit was Enterprise Agreement 2013–2015. Salary scales conducted for the reporting period by PKF Di within the document correspond to a competency Bartolol Diamond & Mihailaros and is appended framework that outlines the key responsibilities to this report. of each position. All QSNTS employees, including senior management, are engaged on a ‘performance-based salary’ basis, which is designed to facilitate the provision of feedback to employees and managers, identify learning and development needs and assess performance.
Staff are entitled to up to two pay increases each year, subject to satisfactory performance within the realms of their position description. The first is a Consumer Price Index (CPI)-based increase, determined by the Australian Bureau of Statistics, and is payable on 1 January each year. The second is an incremental increase within the employee’s designated classification level on 1 July each year, in recognition of satisfactory performance in the previous year.
Occasionally, new employees will agree to a common law contract that includes benefits that are complementary to the provisions of the QSNTS Enterprise Agreement.
The Australian Taxation Office recognises QSNTS as a Public Benevolent Institution and, as such, employees are able to participate in a salary packaging scheme. This is facilitated by an external supplier (Advantage Salary Packaging), which allows our staff to gain additional benefits through taxation savings.
This remuneration strategy is ultimately designed to benefit QSNTS’s clients by ensuring that the organisation can attract and retain a skilled workforce, and that staff continually strive to improve which in turn supports the delivery of quality services and results.
53 | Queensland South Native Title Services HUMAN RESOURCES REPORT
Sunset on Mithaka country
Annual Report 2014 – 2015 | 54 QSNTS Mt Isa office reopened after refurbishment in February 2015. The office is now staffed with WORKFORCE a Legal Officer and a part-time Office Coordinator. The Rockhampton Office also recruited a PLANNING receptionist mid-2014, so the office now has three full-time employees. The first half 2015 saw the most major change the organisation has experienced since amalgamation Reduced budget and uncertainty about future with the restructure of the legal services unit. budgets will require QSNTS to continually review the workforce and work distribution to ensure we In light of the current external factors influencing the are utilising existing resources and identifying any organisation and the need to resolve the claims in a areas of excess. timely and efficient manner, it was pertinent to form the legal team into a structure whereby QSNTS could shift resources to meet emerging needs. The resulting decision was the dissolution of the Case WORKFORCE Management Team model. PROFILE, RETENTION Subsequently, three service delivery teams formed, one headed by the Principal Legal Officer and two headed by the Deputy Principal Legal Officers. AND TURNOVER These three managers have become the solicitors As at 30 June 2015, QSNTS has a workforce of on the record for each of the matters, and legal 51 staff with a profile as follows: staff were allocated to each service delivery team. Research Officers and Community Relations Officers Permanent 39 remain designated to claims and work closely with Contract 16 the teams with the carriage of those matters. Casual 0 Shortly after the restructure, former Client Relations F/Time 51 Unit Manager Sharon McAvoy moved on to new P/Time 4 opportunities, which resulted in a subsequent Male 32.25% restructure of the Clients Relations Unit. The Female 67.275% Community Relations Officers moved into the Research team to be managed by Geospatial and Indigenous 23.64% Research Manager Jeff Harris and the events officers TOTAL 55 and reception moved into the corporate team to be managed by Chief Financial Officer Paul Davies. There were a total of 12 exits during this reporting period, giving a turnover rate of 21.8%.
Left: Kevin Smith, Craig Reiach and Andrew Faye, Middle: Andrew Rayner with a Boonthamurra man, Right: Butchulla children at the consent determination 55 | Queensland South Native Title Services of a further session that explained both individual and organisational responsibilities and liabilities in the ENTERPRISE management of people.
AGREEMENT The Legal team have also undertaken group training in the use of legal research database, Westlaw. Negotiations for the QSNTS’s Enterprise Agreement for 2015 to 2017 commenced in March The National Native Title Conference was held in of 2015 and resulted in the draft Agreement going June of 2015 and the organisation supported the to vote on 30 June and 1 July. attendance of six staff, together with a large number of directors from PBCs. The Agreement was voted in with an overwhelming majority and was approved in the Fair Work QSNTS remains committed to providing learning Commission on 19 August 2015. and development opportunities for all of our staff. Excluding mandatory training, such as for safety The Agreement retains previous employment and cultural awareness, a breakdown of training conditions such as paid study leave, assistance opportunities by business functions during this with relocation costs, and generous recreation reporting period is as follows: leave provisions. Despite impending budget restrictions, the Enterprise Agreement continues to strike a positive balance in supporting both operational requirements and employee benefits. TRAINING AND DEVELOPMENT
In 2015, QSNTS has endeavoured to identify staff needs and deliver training opportunities for those staff and cohorts.
Harmers Workplace Lawyers provided comprehensive Legal and Future Acts (43.93%) training to all staff of Workplace Behaviour: A Research (24.24%) Different Shade of Grey. A two hour session around Community and Client Relations (6.06%) responsibilities and law associated with conduct in Corporate (18.18%) the workplace. The management team had the benefit Management (7.75%) Left: Tim Wishart with Shane Wyman of the Boonthamurra People, Middle: The Hon Justice Logan, Michael Connolly and Paul Richards, Right: Sally Maher, Mia McCulloch, Elizabeth Cowley and Kingsley Maher with others at the BWW consent determination Annual Report 2014 – 2015 | 56 OCCUPATIONAL LOOKING AHEAD: HEALTH AND SAFETY HUMAN RESOURCES Late 2014 saw the formation of the QSNTS IN 2015 - 2016 Safety Committee. A number of staff volunteered to participate in regular meetings to discuss and review policies and procedures around Workplace Over the coming year, we expect the following areas Health and Safety. The group provide valuable to be a priority for our Human Resources team: insight from an operation and corporate perspective on how well QSNTS’ policies and procedures work • Continually reviewing the recent restructure and in practice. looking for ways to enhance service delivery and balance workload distribution; The refurbished Mt Isa office and the new • Identifying areas for improvement in workplace Rockhampton premises have undertaken health and safety, for both office-based staff Workplace Health and Safety Audits and testing and fieldworkers through the QSNTS Safety and tagging has been completed for all electronic Committee; equipment. Further, regional staff will be trained in fire safety procedures in coming months. • Continuing all-staff professional development in critical areas; and • Continuing to improve performance management systems and processes.
Left: Wati Qalotaki, Helen Bowskill QC, Paulette DuPuy, Geoff Renouf, Tim Wishart and others at the Butchuall consent determination, Right: Butchulla Elders with The Hon Justice Collier 57 | Queensland South Native Title Services FINANCIAL REPORT
Annual Report 2014 – 2015 | 58 TABLE OF CONTENTS
Directors’ Report...... 60
Auditor’s Independence Declaration...... 65
Financial Report...... 66
Statement of Profit or Loss and Comprehensive Income...... 66
Statement of Financial Position...... 67
Statement of Changes in Equity...... 68
Statement of Cash Flows...... 68
Notes to the Financial Statements...... 69
Directors’ Declaration...... 78
Independent Audit Report...... 79
Auditors’ Disclaimer of Additional Information...... 81
Additional Information...... 82
59 | Queensland South Native Title Services 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 2015.
Directors
The names of the directors in office at any time during or since the end of the financial year are:
Colleen May Wall Bradley Saunders (Appointed 2 April 2015) James Rodney William Pele Bennet (Appointed 10 July 2015) Bernie Yates Selwyn Button (Appointed 10 July 2015) Michael Cawthorn James Reynolds (Ceased 19 December 2014) Arabella Katrina Douglas (Ceased 7 November 2014)
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 Wall (Chairperson, former Deputy Chair) Colleen is the daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beesley (nee Minniecon), and a Senior Dauwa Kabi Woman from the Mary tributaries. Colleen is knowledgeable in Aboriginal Land Law and cultural balance in healing through Ancestors, recognizing the important responsibility that Grandmothers hold in maintaining this practice. She recognizes that importance of acknowledging Mother Earth and respective Murang (Totems) as significant beings in maintaining balance in spiritual, physical and mental health, as well as the value of teaching children’s Lore Stories in developing healthy cultural growth in our youth. Colleen is currently a Member of Family Law Council Australia and has presented an Aboriginal Child Rearing Practice paper to them. She works to deliver cultural programs to companies like Black History Month for Brisbane City Council and Clancestry Festival for Queensland Performing Arts Centre. Currently, Colleen is working on a Project documenting Aboriginal Grandmother’s Law for use in areas such as Child Protection and Family Law as well as developing an A&TSI Engagement Policy for Brisbane Power House.
Michael Cawthorn (Deputy Chair) Michael is from Melbourne and has lived in Alice Springs for the past twelve years. Michael is an anthropologist with a background working in museums and with Aboriginal Land Councils. He is currently working as an independent consultant anthropologist. Michael was previously Deputy Director of the Museum and Art Gallery of the Northern Territory (southern region) and the Strehlow Research Centre, and he has also served as Vice President of Museums Australia (Northern Territory). His professional experience includes
Annual Report 2014 – 2015 | 60 native title research, cultural heritage management and protection under various heritage legislation regimes, negotiation and land access agreement making and advice in relation to repatriation programs.
Arabella Douglas (Former Chairperson) Arabella is a Bundjalung woman from Northern New South Wales. Her professional experience includes working as a Senior Property and Environmental Lawyer, Government Advisor, Senior Executive Public and Corporate Sector, Business Strategist and Board Director. Her focus has been on infrastructure, environment and planning, social and economic sustainability, crisis management and business improvement.
James Reynolds (Director) A man of Gangalidda descent, James was born in Cloncurry and has lived in various cities and towns across Australia before settling in his current home in Brisbane, South East Queensland. James has an Economics degree and MBA from the University of Queensland, and over 20 years’ professional experience in commerce, economics and regulation of utilities and infrastructure businesses, predominantly in the energy and utilities sectors. James also serves as Treasurer of non-for-profit organisations Lifetec, which provides assistive technology advice, and Queensland peak body Artisan.
Bradley Saunders (Director) A Regional Director of the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA), Bradley boasts significant experience leading complex organisations to implement and manage successful programs addressing human rights for Indigenous peoples in the areas of employment, education and training, child safety and housing in remote and rural Queensland. Bradley is a Gunggari (goon-gar-ee) Aboriginal traditional owner from the Maranoa River region of Western Queensland who brings personal knowledge about Aboriginal and Torres Strait Islander customs and protocols, along with extensive experience negotiating with and for Aboriginal groups and leading Aboriginal organisations.
James William (Director) James was born and raised on Masig (Yorke Island) and is an active member of the Kulkalgal Ya people of the central islands of the Torres Strait. James has lived in South East Queensland for twenty years and has over 15 years’ experience working with Aboriginal and Torres Strait communities in Queensland and other states and territories. Throughout his career, James has worked in a variety of fields, including housing, training, employment and economic development. James operates as a management consultant to private and public sector organisations, and specialises in areas such as strategy, organisational change, and human capital development. James has also developed specialist knowledge and works as a subject matter expert in the emergent space of corporate social responsibility (CSR) and has worked extensively on major projects involving Indigenous Australians in mining and construction industries.
Bernie Yates (Director) Born in Broken Hill, Western New South Wales, Bernie is a father of four and grandfather of five who now hails from Canberra in the Australian Capital Territory. He currently works part-time as a volunteer and a consultant, with a focus on improving the capacity of both Indigenous organisations and government agencies to strengthen their working relationships and ability to achieve positive outcomes. Prior to retiring from the Australian Public Service, Bernie worked in policy and service delivery areas for various Federal Government agencies, including Treasury and Employment and Industrial Relations. Bernie moved into Indigenous affairs in the early 2000s, first with ATSIC and the then Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Before retiring, Bernie was involved in developing the Council of Australian
61 | Queensland South Native Title Services Governments’ Closing the Gap Strategy and represented the Australian Government at the United Nations Permanent Forum on Indigenous Affairs. He is also an independent director of an Aboriginal Medical Service in the Top End.
Pele Bennet (Director) Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits - Totemic association: Kadal (Saltwater Crocodile) & Baidham (Tiger Shark). Born and raised in Brisbane and now a proud member of the region’s Indigenous community, Pele commenced her career as a trainee in hearing health and has since worked within the health sector for approximately 16 years. Pele now sits on the board as a Director of Queensland’s oldest community-controlled health organization, ATSICHS, and has maintained a clear sense of obligation to support Aboriginal and Torres Strait Islander workers, families and communities, committing herself to better health outcomes and opportunities for Indigenous Australians to help them succeed in their life journeys. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, and certificates as a trainer/educator and mentor. Pele is also currently working toward a certificate-level qualification in company directorship.
Selwyn Button (Director) Selwyn is a Gunggari man raised in Cherbourg, South West Queensland. Prior to his appointment as Assistant Director-General, Indigenous Education – State Schools in August 2014, Selwyn held the position of CEO to the Queensland Aboriginal and Islander Health Council (QAIHC) and was the Chairperson of the Aboriginal and Torres Strait Island Community Health Service Brisbane Limited. A former teacher and police officer with the Queensland Police Service for approximately six years, Selwyn has also served as Director, Indigenous Health Policy Branch with Queensland Health and worked within the Department of Education and Training. Selwyn is also a Director of The Lowitja Institute, Oxfam Australia and has served on a variety of councils and committees, including the Queensland Indigenous Education Consultative Committee, Queensland Council of Social Services and the Queensland Aboriginal and Torres Strait Islander Human Services Coalition.
Meetings of Directors
During the reporting period the Board held three meetings. Details of attendance by individual Board members are provided below.
Attendance at Board and Committee Meetings 1 July 2014 – 30 June 2015
DIRECTORS DIRECTORS’ MEETINGS Meetings Eligible to attend Meetings attended Colleen Wall (Chairperson) 3 3 Michael Cawthorn (Deputy Chair) 3 3 James William 3 1 Bernie Yates 3 3 Bradley Saunders (appointed 2 April 2015) 1 1 Arabella Douglas (ceased 7 Nov 2014) 1 1 James Reynolds (ceased 19 Dec 2014) 1 1
Annual Report 2014 – 2015 | 62 Operating Results
The surplus for the financial year was $285,887 (2014 surplus of $436,969).
Principal Activity
The objects of the company are pursued by:
1) providing native title services to Aboriginal and Torres Strait Islander People in the southern half of Queensland as prescribed in the Native Title Act 1993 (Cth); 2) enhancing the capacity of Traditional Owners to be autonomous in pursuing their rights and interests; and 3) advocating for reform and improvement to the native title system.
Objectives
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. QSNTS has established an internal unit, the Prescribed Body Corporate Support Unit with the objective to build the capacity of PBCs to manage and maximize their recognized native title rights and interests.
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 claimants, Dispute resolution (s203BF) including facilitating agreements between these persons.
Ensuring that notices made under the Native Title Act are brought to the Notification (s203BG) 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 overlapping claims, Other functions (s203BJ) identifying potential native title holders, and promoting an understanding of the Native Title Act amongst clients.
63 | Queensland South Native Title Services 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, practising and preserving their culture, rights and interests to land and waters for present and future generations. It is the vision of QSNTS that through Native Title, we drive the achievement of Indigenous self-determination to redress the past, strengthen the present and empower the future.
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, human resources, information technology, event management and communication support.
More specifically, QSNTS undertakes a number of strategic activities and initiatives to achieve the organisational objectives. These include: • Implementing sound governance and decision making structures that ensure strategic, operational, financial and case management plans are integrated as well as appropriately devised, implemented and reviewed; • Adhering to best practice electronic file management and maintaining information barriers that maintain client confidentiality; • Fostering partnerships with key stakeholders including other native title representative bodies and service providers, QSNTS’ funding body the Department of the Prime Minister and Cabinet, State Government departments and Crown Law; • Participating in advocacy through the National Native Title Council and also by making submissions on legislative and administrative reform; • Extending organisational reach via regional offices in Mount Isa and Rockhampton; • Assisting Prescribed Bodies Corporate with a range of services including incorporation, communications, corporate governance, native title decision making processes and grant writing; • Undertaking 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 Michael Cawthorn Dated: 16 September 2015 Annual Report 2014 – 2015 | 64 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 2015 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: 16 September 2015
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.
65 | Queensland South Native Title Services FINANCIAL REPORT Statement of Profit or Loss and Comprehensive Income for the year ended 30 June 2015
Notes 2015 2014 $ $
REVENUE
Revenue from ordinary activities 2(a) 12,244,149 12,413,390
EXPENSES
Consultancy costs (2,520,593) (3,233,518)
Depreciation expenses (258,969) (240,202)
Employee benefits expense (5,561,166) (5,208,052)
Meeting costs (592,536) (458,927)
Occupancy costs (470,061) (405,321)
Travel expenses (1,581,444) (1,306,087)
Other expenses from ordinary activities (973,493) (1,124,314)
PROFIT/(LOSS) FROM ORDINARY ACTIVITIES 285,887 436,969
OTHER COMPREHENSIVE INCOME - -
Net gain / (loss) on revaluation of non-current assets - -
TOTAL COMPREHENSIVE INCOME - -
PROFIT / (LOSS) ATTRIBUTABLE TO MEMBERS 285,887 436,969
PARTNERS: Ross Di Bartolo B.A (Accounting). FCA George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA
The accompanying notes form part of these financial statements
Annual Report 2014 – 2015 | 66 Statement of Financial Position for the year ended 30 June 2015
Notes 2015 2014 $ $
CURRENT ASSETS
Cash and cash equivalents 3 3,410,407 5,479,907
Trade and other receivables 4 158,105 217,291
TOTAL CURRENT ASSETS 3,568,512 5,697,198
NON-CURRENT ASSETS
Property, plant and equipment 5 1,474,009 1,376,133
TOTAL NON-CURRENT ASSETS 1,474,009 1,376,133
TOTAL ASSETS 5,042,521 7,073,331
CURRENT LIABILITIES
Trade and other payables 6 493,358 655,290
Financial Liabilities 7 - -
Provisions 8(a) 687,327 589,350
Other Liabilities 9 1,200,646 3,448,028
TOTAL CURRENT LIABILITIES 2,381,331 4,692,668
NON-CURRENT LIABILITIES
Provisions 8(b) 54,479 59,839
TOTAL NON-CURRENT LIABILITIES 54,479 59,839
TOTAL LIABILITIES 2,435,810 4,752,507
NET ASSETS 2,606,711 2,320,824
EQUITY
Retained earnings/(Accumulated losses) 2,606,711 2,320,824
TOTAL EQUITY 2,606,711 2,320,824
The accompanying notes form part of these financial statements
67 | Queensland South Native Title Services Statement of Changes in Equity for the year ended 30 June 2015
Retained Earnings Total Equity $ $
BALANCE AT 1 JULY 2013 1,883,855 1,883,855
Net Surplus for the year 436,969 436,969
Balance at 30 June 2014 2,320,824 2,320,824
BALANCE AT 1 JULY 2014 2,320,824 2,302,824
Net Surplus for the year 285,887 285,887
Balance at 30 June 2015 2,606,711 2,606,711
Statement of Cash Flows for the year ended 30 June 2015
Notes 2015 2014 $ $
CASH FLOW FROM OPERATING ACTIVITIES
Operating grant and funding receipts 10,836,167 15,358,457
Receipts from customers 51,302 298,741
Interest received 97,841 118,349
Payments to suppliers and employees (12,715,241) (12,896,736)
Net cash provided by/(used in) operating activities 13(b) (1,729,931) 2,878,811
CASH FLOW FROM INVESTING ACTIVITIES
Payment for property, plant and equipment (523,660) (634,125)
Proceeds from disposal of motor vehicles 184,091 103,452
Net cash used in investing activities (339,569) (530,673)
Net increase/(decrease) in cash held (2,069,500) 2,348,138
Cash at beginning of financial year 5,479,907 3,131,769
Cash at end of financial year 13(a) 3,410,407 5,479,907
The accompanying notes form part of these financial statements
Annual Report 2014 – 2015 | 68 Notes to the Financial Statements for the year ended 30 June 2015
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.
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 accompanying notes form part of these financial statements
69 | Queensland South Native Title Services 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.
The accompanying notes form part of these financial statements
Annual Report 2014 – 2015 | 70 Notes to the Financial Statements for the year ended 30 June 2015
2015 2014 $ $ NOTE 2: PROFIT FROM ORDINARY ACTIVITIES Profit (losses) from ordinary activities has been determined after: (a) Revenue and Net Gains Grant funding 12,099,670 12,023,458 Interest Income 97,841 118,349 Gain on disposal of non-current assets 17,276 - Other Income & Services 29,362 271,583 Total Income 12,244,149 12,413,390
(b) Other Expenses Loss on disposal of non-current assets - 144,701 Board expenses 74,994 68,312 Motor vehicle expenses 160,908 146,805 Photocopying & Printing 76,966 92,063 Repairs & Maintenance (incl minor equipment replacement) 61,315 66,135 Resources 68,222 127,489 Subscriptions 69,231 54,479 Telephone 172,632 98,012 Training & professional development 115,052 130,786 Other expenses 174,173 195,532 Total Expenses 973,493 1,124,314
NOTE 3: CASH & CASH EQUIVALENTS Cash on hand 1,772 2,150 Cash at bank 3,408,635 5,477,757 3,410,407 5,479,907
NOTE 4: TRADE AND OTHER RECEIVABLES Trade Receivables 97,605 96,378 Provision for doubtful debts (25,326) (46,089) Prepayments 85,826 167,002 158,105 217,291
71 | Queensland South Native Title Services 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 of Trade Total Less than Past Due Past Due Past Due Past Receivables Amount 30 Days 31-60 Days 61-90 Days <90 Days Due and $ $ $ $ $ Impaired
2015 97,605 30,967 3,199 8,681 54,758 25,326 Trade Receivables
2014 96,378 15,246 - - 81,132 46,089 Trade Receivables
2015 2014 $ $
NOTE 5: PROPERTY, PLANT AND EQUIPMENT
Land & Building – at cost 794,403 560,000 Less accumulated depreciation (102,550) (80,000) 691,853 480,000
Plant and equipment - at cost 681,259 607,490 Less accumulated depreciation (475,946) (347,164) 205,313 260,326
Motor vehicles - at cost 366,754 410,689 Less accumulated depreciation (26,888) (68,412) 339,866 342,277
Office equipment - at cost 346,229 346,229 Less accumulated depreciation (109,252) (52,699) 236,977 293,530 Total property, plant and equipment 1,474,009 1,376,133
An independent valuation of the land and building at 31 Commercial Road Mount Isa QLD was performed by Herron Todd White. The stated market value of land and buildings is $600,000 as at 30 June 2013.
Annual Report 2014 – 2015 | 72 Notes to the Financial Statements for the year ended 30 June 2015
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 and Plant and Motor Office Total Building Equipment Vehicles Equip $ $ $ $ $
2015
Balance at the beginning of the year 480,000 260,326 342,277 293,530 1,376,133
Additions 234,403 73,769 215,488 - 523,660
Disposals - - (166,815) - (166,815)
Depreciation expense (22,550) (128,782) (51,084) (56,553) (258.969)
Carrying amount at end of year 691,853 205,313 339,866 236,977 1,474,009
2015 2014 $ $
NOTE 6: TRADE AND OTHER PAYABLES
CURRENT Trade creditors and accruals 270,049 328,007 Sundry creditors 223,309 327,283 493,358 655,290
NOTE 7: FINANCIAL LIABILITIES CURRENT Credit Card Liability - -
NOTE 8: PROVISIONS CURRENT Employee benefits – Annual Leave & Time in Lieu Provision 390,630 383,413 Employee benefits – Long Service Leave Provision 296,697 205,937 687,327 589,350
NON CURRENT Employee benefits – Long Service Leave Provision 54,459 59,839 Provision for Make Good of Office Premises - - 54,479 59,839
73 | Queensland South Native Title Services Notes to the Financial Statements for the year ended 30 June 2015
2015 2014 $ $
NOTE 9: OTHER LIABILITIES CURRENT Income in Advance – Unexpended Grant Funds 1,200,646 3,448,028
NOTE 10: RELATED PARTY TRANSACTIONS The names of directors who have held office during the financial year are: Colleen May Wall James Rodney William Bradley Saunders (Appointed 2 April 2015) Michael Cawthorn Bernie Yates Arabella Katrina Douglas (Ceased 7 Nov 2014) James Reynolds (Ceased 19 Dec 2014)
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. Total payments and reimbursements to Directors during the financial year were $32,594 ($54,650 2013-14).
Other Key Management Personnel Compensation Summary
Short Term Employee Benefits 629,961 603,622 Long Term Employee Benefits 22 ,946 8,805 652,907 612,427
NOTE 11: ECONOMIC DEPENDENCE Economic dependence exists where the normal trading activities of a company depends upon a significant volume of business. Queensland South Native Title Services Limited is dependent on grants received from the Department of The Prime Minister and Cabinet to carry out its normal activities.
NOTE 12: SEGMENT REPORTING The Company operates in the Community Services Segment.
NOTE 13: CASH FLOW INFORMATION 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 1,772 2,150 Cash at bank 3,408,635 5,477,757 3,410,407 5,479,907
Annual Report 2014 – 2015 | 74 Notes to the Financial Statements for the year ended 30 June 2015
2015 2014 $ $
NOTE 13: CASH FLOW INFORMATION (Cont’d) Reconciliation of cash flow from operations with profit from ordinary activities after income tax
Profit/(Loss) from ordinary activities after income tax 285,887 436,969
Non cash flows in profit from ordinary activities Depreciation 258,969 240,202 Net (gain)/loss on disposal of property, plant and equipment (17,276) 144,701 Provision for doubtful debts (20,763) 9,093
(Increase)/decrease in prepayments 81,176 (38,700) (Increase)/decrease in trade receivables (1,227) (38,978) Increase/(decrease) in trade and other payables (161,932) 106,093 Increase/(decrease) in income in advance (2,247,382) 1,977,753 Increase/(decrease) in provisions 92,617 41,678 Cash flows from operations (1,729,931) 2,878,811
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:
Financial Assets Cash and Cash Equivalents 3,410,407 5,479,907 Trade and Other Receivables 158,105 217,291 3,568,512 5,697,198
Financial Liabilities Trade and Other Payables 493,358 655,869 Financial Liabilities - - Income in Advance – Unspent Grant Funds 1,200,646 3,448,028 1,694,004 4,103,897
75 | Queensland South Native Title Services Notes to the Financial Statements for the year ended 30 June 2015
NOTE 14: FINANCIAL RISK MANAGEMENT (Cont’d)
(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 2015 2014 2015 2014 2015 2014 2015 2014 $ $ $ $ $ $ $ $
Financial liabilities due for payment
Trade & other payables 493,358 655,869 - - - - 493,358 655,869 Financial Liabilities - - - - Income in Advance 1,200,646 3,448,028 1,200,646 3,448,028 Total expected 1,694,004 4,103,897 - - - - 1,694,004 4,103,897 outflows
Financial assets — cash flows realisable Cash and cash 3,410,407 5,479,907 - - - - 3,410,407 5,479,907 equivalents Trade & Other 158,105 217,291 - - - - 158,105 217,291 Receivables Total expected inflows 3,568,512 5,697,198 3,568,512 5,697,198
Net (outflow)/inflow on 1,874,508 1,593,301 - - - - 1,874,508 1,593,301 financial instruments
Annual Report 2014 – 2015 | 76 Notes to the Financial Statements for the year ended 30 June 2015
(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, at Level 10 307 Queens Street Brisbane, contracted for but not capitalized in the financial statements
2015 2014 $ $
Payable – minimum lease payments 523,764 503,620
Not later than 12 months 1,700,791 2,224,555 Between 12 months and five years $2,224,555 $2,728,175
A security guarantee of $130,246 is held by the Bank as a commitment under the lease rental Agreement.
Research Consultancy Commitments Agreements have been entered into amounting to $349,000 involving future payments within the next 12 months for research, consultancy and information technology services.
NOTE 16: AUDITORS REMUNERATION
Audit Services 26,444 25,839 Other Services - - $ 26,444 $25,839
NOTE 17: CONTINGENT LIABILITIES The company had no known contingent liabilities as at 30 June 2015.
77 | Queensland South Native Title Services Notes to the Financial Statements for the year ended 30 June 2015
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 10, 307 Queen Street BRISBANE QLD 4000
Date of Incorporation: 2 June 2005
Directors’ Declaration for the year ended 30 June 2015
The directors of the company declare that:
1. The financial statements and notes, as set out on pages 7 to 19 are in accordance with the Corporations Act 2001:
(a) comply with Accounting Standards and the Corporations Regulations 2001; and (b) give a true and fair view of the financial position as at 30 June 2015 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 Michael Cawthorn
Dated: 16 September 2015
Annual Report 2014 – 2015 | 78 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 for the year ended 30 June 2015
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 2015 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 are 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.
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.
79 | Queensland South Native Title Services 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 (Cont’d) for the year ended 30 June 2015
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.
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 2015 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: 16 September 2015
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.
Annual Report 2014 – 2015 | 80 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership
Chartered Accountants & Business Advisers
Disclaimer to the Members of Queensland South Native Title Services Limited for the year ended 30 June 2015
The additional financial data presented on page 24 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 2015. 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
Ross Di Bartolo Partner
Dated: 16 September 2015
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.
81 | Queensland South Native Title Services Detailed Profit and Loss For the Year Ended 30 June 2015 for the year ended 30 June 2015
2015 2014 $ $ INCOME Grant funding 12,099,670 12,023,458 Interest Income 97,841 118,349 Gain on disposal of non-current assets 17,276 - Other Income & Services 29,362 271,583 Total Income 12,244,149 12,413,390
LESS EXPENSES Audit fees 26,444 25,839 Advertising 169,284 134,307 Bank charges 10,015 8,781 Board fees & expenses 74,994 68,312 Catering, venue hire & meetings 427,728 332,187 Computer expenses 25,629 21,743 Consultancy fees - anthropological 1,055,999 955,751 Consultancy fees - legal 1,066,619 1,709,398 Consultancy fees – research & facilitators 41,485 161,718 Corporate expenses 174,599 182,842 Depreciation 258,969 240,202 Insurance 52,916 57,753 Loss on sale of non-current assets - 144,701 Mapping & Resources 68,222 127,489 Motor vehicle expenses (incl vehicle hire) 160,908 146,805 Office expenses 49,389 51,215 Other general expenses 45,341 45,341 Postage 34,340 34,301 Printing and photocopying 76,966 92,063 Provision for Doubtful Debts 9,590 8,600 Rent 380,072 323,819 Repairs, maintenance and minor replacements 61,315 66,135
These financial statements should be read in conjunction with the attached Disclaimer.
Annual Report 2014 – 2015 | 82 Detailed Profit and Loss For the Year Ended 30 June 2015 (Cont’d) for the year ended 30 June 2015
Salaries and on costs 5,105,723 4,798,756 Security costs 4,752 3,780 Storage fees 8,499 13,344 Subscriptions 69,230 54,479 Superannuation 455,442 409,296 Telephone & Communications 172,632 98,012 Training & professional development 115,053 130,786 Traveling & accommodation expenses (incl consultant travel) 1,756,107 1,528,666 TOTAL EXPENSES 11,958,262 11,976,421
OPERATING SURPLUS/(LOSS) 285,887 436,969
These financial statements should be read in conjunction with the attached Disclaimer.
83 | Queensland South Native Title Services INDEX
Advocacy...... 5, 7, 17, 36-37, 63, 64
Board of Directors...... 1, 4-6, 12, 14, 15, 45-49, 60-64, 65, 69, 74, 75, 78, 79-80
Capacity development...... 13, 16, 17-18, 63
Current claims...... 26-31
Department of the Prime Minister and Cabinet...... 2, 10, 13, 51, 64, 74
Financial Statements...... 58-83
Future Acts...... 12, 14, 17, 22, 42-43
Outputs Table...... 22
Prescribed Bodies Corporate...... 2, 4, 12, 17-18, 38, 40, 41, 51, 63, 64
Research Projects...... 34-36
Stakeholder Engagement...... 37-39
Strategic Plan...... 51
Annual Report 2014 – 2015 | 84