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Letter of Presentation 2 Chair Report 3 CEO Review 4 Our Company’s Purpose, Vision & Values 7 The Board of Directors 9 Executive Team 15 Management and Operational Structure 17 Corporate Governance 21 Sustainability and Corporate Responsibility 23 Human Resource Management 25 Our Community - Our Service 26 Overview of NTSCORP Operations 27 Overview of The Native Title Environment in NSW 29 Increased Policy Activity and Consultation 32 NTSCorp Performing The Functions of a 33 Native Title Representative Body Other Functions 34 NTSCORP Ltd Overview of Native Title Matters in NSW 35 and the ACT in 2008-2009 Annual Report Judicial and Administrative Decisions 36 Report on Performance by Matter 37 08/09 NTSCORP Limited Financial Statements 42 Contents ANNUAL REPORT The Hon. Jenny Macklin MP Minister for Families, Housing, 2008/09 Community Services and Indigenous Affairs Parliament House ACT 2600 Chairperson’s

Dear Minister, Message RE: 2008 – 2009 ANNUAL REPORT I have pleasure in presenting the Annual Report for NTSCORP Limited which incorporates the audited financial statements for the financial year ended 30 June 2009. This is in accordance with the Commonwealth Government 2008 – 2009 General Terms and Conditions Relating to Native Title Program Funding Agreements. On behalf of the directors and members 2007-2008 was a very successful year, Another initiative which holds promise for Yours sincerely, of NTSCORP Limited (NTSCORP), I during which the Githabul consent NSW is the Victorian Settlement Framework, acknowledge my Elders, other determination and the announced in early 2009. The framework Elders, native title claimants and other Bundjalung ILUAs were completed. provides for direct negotiations between native title stakeholders within our Following this, 2008-2009 has been a Traditional Owners and the State, and was representative area. year of consolidation. Several claims were developed to provide a method of settling advanced with the prospect of three, native title claims that operates outside the The current reporting period has seen possibly four, major claims being completed current system. This innovative alternative is NTSCORP forge new relationships with Michael Bell by the end of the 2009-10 financial year. designed to eliminate the high costs, delays, stakeholders and consolidate existing Chairperson Significant results are expected to flow from uncertainties and complexities of the current partnerships. In particular, NTSCORP has NTSCORP the resolution of these claims, not least of native title system. NTSCORP continues successfully engaged with the Federal which is the prospect of the advancement to advocate for similar alternatives to be Government, which is showing positive signs of native title in . These considered by the NSW Government. of a renewed commitment to achieving achievements will represent the culmination better native title outcomes for the Aboriginal We are pleased that the Commonwealth of the native title strategy implemented in people of NSW. Government has responded to the 2001 by the Native Title Unit, then New strong advocacy of NTSCORP and other There have been several changes to the South Wales Native Title Services (NSWNTS) representative bodies, to strengthen the board. We thank and farewell outgoing and now NTSCORP. native title infrastructure through new and member-directors: Ms Leah Armstrong, who NTSCORP will soon sign a Memorandum improved funding agreements. This more contributed valuable expertise in business of Understanding with the NSW Aboriginal focused funding approach will enable enterprise and Mr Anthony Ashby, whose Land Council (NSWALC) to formalise and financial stability and operational accuracy, knowledge and experience helped strengthen enhance the existing working relationship which in turn will allow NTSCORP to focus NTSCORP’s financial management structures between our respective organisations. on achieving the best possible outcomes for and improve reporting. This Memorandum supports our shared Traditional Owners. We welcome two new member-directors: responsibility to the Aboriginal population I would like to thank our Executive team: Ms Yvonne Stewart and Ms Katie Wyatt. of NSW and recognises that by working CEO, Mr Warren Mundine; General Counsel, We recognise Ms Stewart’s determination collaboratively we can better protect the Mr Damien Bidjara-Barnes; Chief Operations to work through the native title process to interests and realise the aspirations of Officer, Dr Ken Lum, and Chief Financial successful completion, she has a strong Traditional Owners. Officer, Mr Allan Barraza. I also thank our management background with Indigenous Of great importance to all Aboriginal staff for their hard work and dedication to organisations and experience in strategic people across is the new native title issues. I would particularly like environmental management and cultural employment strategy: the Australian to thank the members and the board of and natural history. Ms Wyatt, a business Employment Covenant, which aims directors for their continued faith in me and communications consultant, has strong to secure 50,000 sustainable jobs for as the chairperson of the company. experience in human resources and people . This initiative management and we look forward to her will have a real impact on reaching and contribution to the board. maintaining high levels of Aboriginal Ms Wyatt and Ms Stewart were recruited to employment across Australia. NTSCORP ensure continuity and compliance with relevant participated in the establishment of legislation and were appointed on 2 July 2009. the Covenant through our CEO Michael Bell Positions remain vacant on the board and Mr Warren Mundine. Chairperson NTSCORP is seeking to fill these positions and to fulfil our commitment to maintain gender equality among the board members.

Michael Bell Chairperson

3 | 4 ANNUAL REPORT 2008/09 CEO Review

I welcome you to the NTSCORP annual 2007-2008 was an intense period of As the Chairman’s Report stated, NTSCORP rebadging the NTSCORP Newsletter report for 2008-2009. This reporting consultation and resolution of agreements, has consolidated its governance and with the appropriate title of ‘Gurri Mabul’, year has been dominated by initiatives due largely to the work of NTSCORP staff operating structures and the majority which means “Aboriginal Voice” in the to consolidate and strengthen the and the commitment of Traditional Owner of board members are now continuing Bundjalung language. organisation’s financial management, communities. Agreements were completed directors. In 2008-2009 the board NTSCORP’s first priority is its people training and leadership, and to build for the Githabul People, Barkandji People, welcomed Ms. Katie Wyatt. As a business and we’re fortunate to have a highly NTSCORP’s governance infrastructure. North East People - Portland and and communications consultant with skilled workforce with low turnover. The Gomeroi . In 2008-2009 NTSCORP many years experience in government and The focus throughout 2008-2009 on the professional development of the team consolidated and made substantial progress corporate roles, Ms. Wyatt brings strong internal operations of the organisation has continued throughout 2008-2009 with in moving other matters towards agreement. expertise in people management and proved successful. After posting a financial directors and staff undertaking training to The organisation provided representation business engagement to the board and to loss in 2007-08, NTSCORP has delivered update skills and qualifications in the areas to 13 native title claimant groups and NTSCORP. The board now has a balanced an almost $250,000 financial turnaround in of business and financial management. performed other functions of a NTRB in mix of younger and older members, male just 12 months, posting a $92,763 profit in I would like to take this opportunity to relation to a further 14 native title matters. and female, with all directors bringing 2008-2009. This result is in part due to the thank the NTSCORP team, the board particular skills and experience to the restructuring of management and budget The Gomeroi Nation is an example of and our key stakeholders and contractors organisation, including corporate and accountability hierarchies and to improved a Traditional Owner community which for contributing to a positive working community-based experience. reporting of financial performance. benefits from NTSCORP representation environment that leads to productive and advocacy. Negotiations will commence ‘Continuous improvement’ is a management outcomes for Indigenous communities. In 2008-2009 NTSCORP received a in 2009-2010 for an agreement between philosophy adopted by NTSCORP to ensure five percent increase in revenue from The 2008-2009 reporting period has seen the Traditional Owners and the State, the strong leadership and a strategic focus. the Department of Families, Housing, some changes take place in NTSCORP which is aimed at building the capacity The evolution of NTSCORP continued in Community Services and Indigenous Affairs office locations. The decision was made and governance structures of the Gomeroi 2008-2009 and it is one of few, if not the (FaHCSIA), a welcome acknowledgement to strengthen the Coffs Harbour office as Nation. The proposed negotiated agreement only Indigenous organisation that has an of the Federal Government’s commitment the main hub of our regional activities. As would recognise native title rights and Audit and Compliance Committee. It has to forge partnerships that support and build a result of this decision meant the Dubbo interests in land management practices also established a People, Performance sustainable Traditional Owner communities. office has been closed. The Redfern without the need for a native title claim and Nomination Committee and a Safety, We welcome the new four-year funding NTSCORP office is currently in the process to be lodged. Sustainability and Corporate Responsibility arrangements with FaHCSIA. This funding of relocating premises and we hope to have Committee. Charters have been drawn up commitment offers NTSCORP more NTSCORP has been proactive in the moved by early 2010. for each committee, as well as for the CEO certainty when planning the direction of the area of policy and legislation throughout and Company Secretary. NTSCORP looks to the future with a company. This funding was, however, offset 2008-2009. We have made strong commitment to growing the company so by a decrease in other revenue generated submissions to the NSW Government Risk management has been instigated that we can deliver a broader choice of by the company, a challenge to be regarding legislative and policy changes across the organisation as well as strategies important services to our clients, as well addressed in the forthcoming year. to cultural fishing rights in the Fisheries to identify and report on business as build better career opportunities for our Management Act (NSW), Aboriginal opportunities. NTSCORP has appointed employees. To achieve this goal, we are cultural heritage protection and community new auditors and through a strategic developing a strategic business and growth consultation requirements in the National planning process has developed key plan for NTSCORP. Parks and Wildlife Act, the Aboriginal performance indicators to monitor and Land Rights Act and the Aboriginal Land measure performance and outcomes. Management Framework. The 2008-2009 The development of the NTSCORP brand financial year also saw the introduction of has also continued. The change of name in amendments to the Native Title Act and 2007-2008 was followed by new branding NTSCORP made direct submissions to the for the organisation using traditional colours Attorney-General’s Department regarding and a design aligned with earth and water. Warren Mundine these amendments, as well as working with The new image has been integrated across Chief Executive Officer the National Native Title Council to ensure the website, annual reports, stationery that the rights and interests of Traditional and other marketing material, including Owners are represented at a federal level.

Warren Mundine Hon. DUniv (Sthn Cross) FAIM MAICD, Chief Executive Officer and Company Secretary 5 | 6 ANNUAL REPORT 2008/09 NTSCORP purpose, vision and values

Our vision is to promote social justice and economic, The Company and our Chairperson Company Secretary cultural and social independence for the Traditional Company Members The position of chairperson was created In accordance with the Corporations Act 2001 on 3 May 2005 when the board elected (Cth) and the company’s constitution the Chief Owners of the lands, seas and waters. NTSCORP is a public company limited by Mr Michael Bell as inaugural chairperson Executive Officer, Mr Warren Mundine, serves as guarantee. It was incorporated under the of NTSCORP. Mr Bell has continued in this the Company Secretary. Since the formation of Corporations Act 2001 (Cth) on the 5th capacity since that date. the company, there have been two (2) Company Our purpose is to assist Traditional Owners achieve December 2001. Secretaries. They are: this vision through native title and other appropriate NTSCORP operates primarily as a Native Deputy Chairperson a) Mr Eddie Senatore. mechanisms and initiatives. Title Service Provider. Our core funding The position of deputy chairperson was Mr Senatore served as company secretary for the is provided by the Federal Government created on 6 June 2005. NTSCORP’s deputy period 5 December 2001 – 26 September 2003 (the Department of Families, Housing, chairperson, Mr Jim Wright, was elected as b) Mr Warren Mundine. Community Services and Indigenous Affairs) the inaugural deputy chairperson and has Mr Mundine was appointed company secretary Our purpose at all times, it is essential that the values in accordance with s203FE of the Native continued to represent the company in this on 26 September 2003 and continues to serve of NTSCORP are actively promoted and pursued. Title Act 1993 (Cth). This funding allows the capacity since that date. the company in this capacity. company to provide services to Traditional They are: Owners; specifically to assist them exercise • Respect for Elders and other members of the their legal rights under the Native Title Act 1993 (Cth). community; Excellent corporate governance is vital to • A commitment to achieve positive outcomes NTSCORP and allows us to better assist in the delivery of services to our clients. for our clients and community; The company’s constitution is regularly reviewed to reflect our commitment to open, • Advance the capacity of self-determination transparent and efficient governance and is and community building for Traditional Owners; included in this publication. It was amended during the reporting period (please refer to • To act in a professional, honest and Corporate Governance section on page 21 accountable manner; below for more details).

• To provide efficient, fair and transparent performance of our functions; and

• To provide a safe, diverse and trusting workplace

NTSCORP Purpose, Vision and Values 7 | 8 ANNUAL REPORT 2008/09 The board of directors

The formation of the company on 5 December 2001 saw the establishment of an interim board Profiles of directors. The interim board served the company up to 30 October 2002 when a permanent Member Directors board of directors was established.

The board operates in accordance with the a) Member Directors: b) Non-Member Directors: Corporations Act 2001 (Cth), the Native Title Act 1993 (Cth) and the company’s Following changes to the company’s Non-member directors of the company constitution. The board is enabled to ensure constitution in 2007, all members are are appointed by the board of directors as that the company’s business is carried out member-directors. Members are appointed non-members of the company. The purpose under its direction. every two years at the company’s annual of non-member directors is to provide general meeting. Member-directors have professional expertise and technical advice The board operates in two distinct areas the full rights and privileges of a company to assist the board in their decision making. and is served by member-directors and director. There are no more than ten and There are no more than three (3) non- non-member directors. Both groups of no less than four member-directors at any member directors at any time. Non-member directors are non-executive and their one time. directors enjoy the rights and privileges of functions are: a director except for voting rights.

The board currently comprises nine member-directors and three non-member-directors. Michael Bell Mr Michael Bell was appointed to the board of the company in October 2002. He was elected as Chairperson in May 2005. He is a Ngunnawal man who lives in Yass and is father Chairperson to 3 boys. Michael has a demonstrable commitment to serving the Aboriginal community, he is involved with several Aboriginal organisations dedicated to serving the community, including the National Indigenous (HACC) Reference Group, among others. Michael Fig 1. The diagram below shows the operational structure of the board. further assists the community with soci-economic development, particularly in the areas of aged care, employment and education. He is committed to the further development of employment and education for Aboriginal people through his involvement with Buranya Aboriginal Corporation – an Aboriginal land care group. Buranya was the winner of the 2009 NSW Land Care Awards – NSW category. Traditional Owners

Mr Jim Wright was appointed to the board as a member-director of the company in Board of Directors and Jim Wright October 2002. He was elected to the position of Deputy Chairperson in November 2005 Company Members Deputy Chair and continues to serve the company in this position. Mr Wright is a descendant of the Anaiwan, Dunghutti, Wonarua and people and has lived in the Newcastle area for 52 years. He is married with five sons and has 17 grandchildren and five great grandchildren. Mr Wright is the current Chairperson/Business Manager of Youloe-Ta The Board’s People Performance The Boards’ Safety, Sustainability and The Board’s Audit and Indigenous Development Association Inc, Chairperson of the Yarnteen Aboriginal and Torres and Nomination Committee Corporate Responsibility Committee Compliance Committee Strait Islander Corp and Chairperson of the Newcastle Aboriginal Co-operative Ltd. Mr Wright is a past chairperson of the /Newcastle Regional Aboriginal Land Council Chief Executive Officer and and served as a councillor for the Many Rivers ATSIC Regional Council for 15 years and as Company’s Secretary an ATSIC Commissioner for one three-year term. His ATSIC portfolios included sport, youth, elders and disability. Mr Wright has a deep involvement in Aboriginal affairs in the with a keen interest in the development of education, employment, economic and sporting opportunities.

The Board of Directors 9 | 10 ANNUAL REPORT 2008/09 The board of directors

Profiles Member Directors

Anthony Ashby Mr Anthony Ashby was appointed to the board as a Allan Lamb Mr Allan Lamb was appointed to the board as a member-director of the company in September 2007. Mr Asbhy member-director of the company in August 2002. He is a BCom, CA BA (Language & Linguistics), is a - man from north-western NSW. He is Yuwaaliyaay and Wiradjuri man and lives in Goodooga in north- Grad Dip Business Management married with two children, loves the South Sydney Rabbitohs and is western NSW. Mr Lamb gained his Bachelor of Arts (Language actively involved in providing support and professional services to the and Linguistics) and is currently doing his Masters, Indigenous Aboriginal community. Knowledge in Languages and Linguistics at the Bachelor Institute of Indigenous Tertiary Education in the NT. He is a Director of the Mr Ashby holds a Bachelor of Commerce (UNSW) and has gone on Muurdi Paaki Regional Enterprise Corporation. Mr Lamb was also an to complete post graduate qualifications as a Chartered Accountant ATSIC Councillor for the Muurdi Paaki region for 15 years. Mr Lamb’s and Registered Company Auditor. He holds a Public Practising interests are family, Aboriginal language and culture, and he follows Certificate from the Institute of Chartered Accountants in Australia the West Tigers rugby league team. and provides these professional services to the Aboriginal and non- Aboriginal sectors. Gina Milgate Ms Gina Milgate was appointed to the board as a member- director of the company in September 2007. She is an Aboriginal Mr Eddie Briggs was appointed to the board as a member-director BCom, Eddie Briggs woman from the Kamilaroi and Wiradjuri clans of NSW. Gina has of the company in October 2002. He is a director of the Kamilaroi Grad Dip Bus Stud, an undergraduate and post graduate degree in marketing and Aboriginal Housing Corporation and is a former national committee Grad Cert High Ed management and a teaching degree in higher education. She is Member of the Aboriginal Medical Health and Research Association currently employed as a researcher for the Australian Council for and the Northern Tablelands Region Aboriginal Land Council. Mr Educational Research. Briggs has a long and distinguished career in Aboriginal affairs and has been recognised by the community for his efforts in advancing Gina’s strong background in marketing and education has helped Aboriginal issues. her contribute widely to the community, in particular through projects that educate and inform parents of Aboriginal children with disabilities, promote and motivate Indigenous students, and projects Aunty Matilda House was appointed to the board as a member- that promote social awareness within the community. director of the company in May 2006, she was born and raised in In her role as a researcher at ACER and through her participation the Cowra district in central western NSW. in Indigenous affairs, Gina contributes to programs and policies at Matilda has multiple Aboriginal ancestries, identifying as a local, state and national levels that make a difference and improve speaking Women and also proudly acknowledging her outcomes for Indigenous people. Wallabalooa (Ngunnawal), Pajong (Gundungurra) and Wiradjuri ancestries. Matilda particularly identifies with the country of her great grandfather known as Henry ‘Black Harry’ Williams who was born Norm Newlin Mr Norm Newlin was appointed to the board as a member-director in the Namadgi - Gudgenby area in 1838. Aunty Matilda is a proud of the company in November 2004 he is a descendant of the mother of four, grandmother of 12 and great-grandmother of one. BA (Hons), people and a war veteran. He has an honours degree in Assoc Dip Adult Education, communications from the University of Technology. Mr Newlin is a The name Canberra is derived from the name of Matilda’s ancestral JP, published poet and conducts readings as part of the “Living Book” group, the Ngambri and was government gazetted as ‘Canberry’ “Living Book” Campbelltown program at Campbelltown Arts Centre and Singleton Library. Mr Station in 1834. Newlin’s involvement in Aboriginal affairs spans almost half a century In 2006 Matilda was presented with ‘ACT Citizen of the Year Award’ and he sits on numerous Boards including Membership of the NSW/ by the ACT Government acknowledging her hard work and efforts ACT Aboriginal Legal Service and the Campbelltown City Council in promoting and maintaining Aboriginal culture and rights for Aboriginal Advisory Committee. His tireless efforts on behalf of the ATSI people within the ACT. In 2008, Matilda provided the historic Aboriginal community were recognised in 2006 when he received ‘National ’ for the 42nd Opening of Federal the Campbelltown City Council Heritage Award. He is also a Justice Parliament and Opening of the Australian Government’s 2020 of the Peace and works with detainees of Long Bay Gaol as an National Summit. In 2009, Matilda created history by being the first Aboriginal Elder. Aboriginal person to provide a National Welcome To Country for the Heads Of State visit by the King and Queen of Spain.

The Board of Directors 11 | 12 ANNUAL REPORT 2008/09 The board of directors

Profiles Profiles Member Directors Non-Member Directors

Katie Wyatt Ms Katie Wyatt was appointed to the board as a member-director of Leah Armstrong Ms Leah Armstrong was appointed as a non-member director of the company on 2 July 2009. the company in September 2006, she is the Executive Director of BCom Ad Dip Community the Yarnteen Aboriginal and Torres Strait Islanders Corporation. Ms Ms Wyatt is a business and communications consultant operating in Management, MAICD Armstrong has a long-standing involvement with the Corporation, Melbourne. Ms Wyatt has strong experience in human resources and being a founding director and employee since the Corporation’s people management. Her particular expertise is developing internal inception in 1992. Ms Armstrong has taken a leading role in the communications frameworks, human resource documentation, promotion of business women in the Indigenous community and training and development materials, tender documents and online has been appointed to a number of directorships and committees marketing materials. including: Indigenous Business Australia in 2001, Chair of the Ms Wyatt currently works as a change management consultant Aboriginal Business Roundtable NSW 2002-2004, and the NSW for PricewaterhouseCoopers, as well as being a freelance writer. Board of Vocational Education and Training (2003-2005). Prior to that Ms Wyatt was a change management consultant with Accenture. She began her career working as a University Cadet for the Federal Department of Foreign Affairs and Trade. Frank Fischl Mr Frank Fischl was appointed as a non-member director of the company in December 2004 and is a chartered accountant Ms Wyatt is originally from Western Australia, where her father was BCom, FCA with a Bachelor of Commerce (UNSW) degree. He has been a born in Meekatharra and continues to work with Indigenous people fellow of the Institute of Chartered Accountants in Australia since in regional WA. Her brother is a Member of the Western Australian 1990 and is a member of their Professional Conduct Tribunal. Mr Parliament. She recently returned to the West to get married, but Fischl is a retired partner of the highly respected accounting firm lives in Melbourne with her husband and pet beagle named Indy. PricewaterhouseCoopers, having been with them for 32 years. He was formerly registered as a liquidator and company auditor. Yvonne Stewart Ms Yvonne Stewart was appointed to the board as a member-director of the company on 2 July 2009. Assoc. Dip of Aboriginal Studies, Terry Lawler Mr Terry Lawler was appointed as a non-member director of the Health Sciences Ms Stewart has a strong management background with Indigenous company in November 2003. He is a founder and Managing Director BCom, FCA, FAICD, FAIMM organisations, particularly in health and housing. She also has of the Lawler Partners Group, which provides specialist services in experience in strategic environmental management and cultural and auditing, business planning, taxation, corporate strategy, expansion, natural history. Throughout her career Ms Stewart has developed property syndication, franchising, and statutory and compliance high-level skills in project management, stakeholder engagement matters. Mr Lawler has a Bachelor of Commerce and is a fellow of and liaison with government agencies and local communities. the Institute of Chartered Accountants of Australia; a fellow of the Australian Institute of Company Directors, a fellow of the Australian Ms Stewart holds positions on several boards, committees and Institute of Management, a registered tax agent; and a Company organisations, she is Chair of the Arakwal National Parks and Chair auditor. He is a former Hunter Region Businessperson of the Year of the Cape Byron Lighthouse Reserve Trust, Byron Bay. Ms Stewart and Mr Lawler’s organisation is currently ranked 21 in the Business is a representative on the NSW Marine Parks Advisory Committee Review Weekly’s top 100 accounting firms. (DECC); Environmental Trust Grants Committee; Land Alive Trusts Committee; Byron Shire Council Reference Group; the Regional Advisory Committee; and the Environmental Protection Authority, Department of Environment and Climate Change. Ms Stewart is former Chair of the Aboriginal Cultural Advisory Committee (DECC). Ms Stewart holds an Associate Diploma of Aboriginal Studies, Health Sciences from Monash University.

The Board of Directors 13 | 14 ANNUAL REPORT 2008/09 EXECUTIVE TEAM

Warren Mundine Hon. DUniv (Sthn Cross) FAIM MAICD

Mr Warren Mundine is the Chief Executive Officer of NTSCORP and an advocate for the empowerment of Indigenous people and the development of a strong Indigenous economy.

Mr Mundine is a Doctor of the University (honoris causa) (Southern Cross University), a fellow of the Australian Institute of Management and of the Australian Institute of Company Directors. Mr Mundine is also Chairman of the Australian Indigenous Chamber of Commerce and Chair of NSW Labor’s Indigenous Policy Committee. He is an Executive Member of the National Native Title Council; a Director of the Australian Indigenous Education Foundation; a member of Southern Cross University Foundation; a board member of (NAISDA) Limited and Ambassador for the Song Room and Indigenous Ambassador for the Australian Football Federation. Warren has been appointed by the Prime Minister to the Australian Government’s National Policy Commission Dr Ken Lum Dr Ken Lum is the head of operations for the company and has been employed by NTSCORP since its inception. Dr Lum was the company’s head of research prior to his current appointment in May 2006. – Indigenous Housing Committee. BA (Hons), PhD Dr Lum has a wealth of experience in Indigenous affairs. He holds a PhD in anthropology, has 18 years Mr Mundine has been involved in the development of the experience in Aboriginal land rights and worked in the Northern Territory for 10 years as a research Australian Employment Covenant (AEC) as an executive anthropologist for the Northern Land Council. He was then employed by NSWALC as the principal of the steering committee. research anthropologist (native title unit). Previous roles held by Mr Mundine include the National President of the Australian Labor Party and Chair of NSW Mr Allan Barraza was appointed as the company’s Chief Financial Officer (CFO) in October 2004. Prior Country Labor. He has acted as a member of the NSW Attorney Allan Barraza to becoming the CFO, Mr Barraza was the manager of Finance and Administration, a position he held for General’s Juvenile Crime Prevention Committee, the NSW BB, CPA the majority of his employment with NTSCORP since 2002. PCYC State Board and of IAG’s Expert Community Advisors Committee. He has also had considerable involvement in Mr Barraza holds a Bachelor of Business degree (UTS) and is a fully qualified Certified Practising local government through a number of roles including Deputy Accountant with extensive experience in financial control and project management. Mayor of Dubbo; President of the NSW Local Government As CFO, Mr Barraza is responsible for the corporate services division, ensuring financial viability and risk Aboriginal Network; Executive Committee Member of the Local management across NTSCORP operations. Government Association of NSW; and as a commissioner with the NSW Local Government Grants Commission. Damien Mr Damien Bidjara-Barnes was appointed as the General Counsel for the company on 1 January 2008. Mr Bidjara-Barnes provides internal legal advice to NTSCORP and external legal advice to the company’s Bidjara–Barnes clients. He is the solicitor on the record in several jurisdictions on behalf of Traditional Owners who are BEng, LLB, Grad. Dip PLT, represented by NTSCORP. Mr Bidjara-Barnes holds a Bachelor of Engineering (Syd), a Bachelor of Laws Cert II Indig Leadership, EMBA (UNSW) and an Executive MBA (MBS). He has extensive experience in construction, mining, planning and native title law.

Executive team 15 | 16 ANNUAL REPORT 2008/09 Management and Operational Structure

NTSCORP constantly reviews and refines our day to day operational The following table Position Employee procedures to reflect the needs of our clients, the Traditional Owners of the Lands and Seas from which we come. includes all staff Executive Team The CEO is responsible for the appointment of staff to meet the employed throughout CEO and Company Secretary Mr Warren Mundine strategic vision, budget and operational plans of the company. the 2008 – 2009 Head of Operations Dr Ken Lum The CEO Executive Committee is responsible for the day to day financial year: Chief Financial Officer Mr Allan Barraza operations of the company and reports directly to the CEO. General Counsel Mr Damien Bidjara-Barnes The company structure has been enhanced in the current Executive Services Team reporting period to reflect the ever-changing need to enhance Manager, Executive and Corporate Affairs Ms Petra Fowler the quality of service to Traditional Owners. Policy Officer Mr David Voltz Corporate Communications Manager Mr Sam Einfeld Senior Solicitor and Assistant Company Secretary Ms Emily Strickland Special Projects Coordinator Ms Jennifer Pont Fig 2. The diagram shows the operational structure of the company. Project Coordinator, Corporate Affairs Ms Nikki Suey Executive Assistant to the CEO Ms Lauren White Corporate Services Team Financial Controller Ms Lynn Chang The Board of Directors Assistant Accountant Ms Manju Saini & Company Members Administrative Assistant Ms Heidi Aben Administrative Assistant Ms Eva Chybna Operations Team The Board’s The Board’s Safety, The Board’s Subsidiary Company Anthropologist Mr Simon Correy People, Performance & Sustainability & Corporate Audit and Compliance NSW Native Title Pty. Ltd. Nomination Committee Responsibility Committee Committee Anthropologist Mr James Rose Historian Dr Michael Bennett Senior Land Research Officer Mr Peter Schultz Land Research Officer Mr George Tonna Chief Executive Officer Land Research Officer Ms Sophie Cubillo & Company Secretary Manager, Client and Community Relations Ms Natalie Rotumah Manager Executive & Corporate Affairs Executive Assistant to the Chief Executive & Corporate Affairs Unit Executive Officer Client and Community Relations Officer Mr Nathan Ryan Client and Community Relations Officer Mr Phil Duncan

The Chief Executive Officer’s The Executive Committee’s Legal Team Executive Committee Company Relocation Advisory Senior Solicitor Mr Philippe Savidis Committee Senior Solicitor Ms Mishka Holt Solicitor Ms Cobey Taggart Solicitor Ms Hema Hariharan General Counsel Head of Business Development Head of Operations Manager Corporate Services Solicitor Ms Victoria Edwards Legal Service Unit Business Development Division Operations Division Corporate Services Unit Solicitor Ms Ebony Allen Solicitor Ms Tamzyn Champan Law Graduate Ms Jemima McCaughan Paralegal Ms Rana Koroglu Paralegal Ms Jane Taylor Executive Assistant to General Counsel Ms Karina Radwoski

Management and Operational Structure 17 | 18 ANNUAL REPORT 2008/09 Management & Operational Structure

Board Audit and Compliance Committee People, Performance and Nomination Safety, Sustainability and Corporate Management CEO’s Executive Committee The Committee’s duties and responsibilities Committee Responsibility Committee The CEO’s Executive Committee is Committees are to: The Committee is responsible for: Committees responsible for the day to day operations The Committee is responsible for: (a) Make recommendations to the board on (a) Assessing and enhancing the of the Company and reports directly to the (a) Occupational Health and Safety (OH&S) the selection process and appointment necessary and desirable competencies CEO. Its membership consists of senior staff of external auditors; of the company members, the board .i. Overseeing the company’s compliance from each business unit, including Executive with relevant OH&S legislation and the Services, Financial & Corporate Services, (b) In conjunction with the external audit, form and committees; company’s OH&S Policy; Legal and Operations. an appreciation of the total audit plan; (b) Reviewing the size and composition .ii. Reviewing and monitoring the of the company membership, the board (c) Check the auditor’s evaluation of effectiveness of the company’s OH&S Company Relocation Advisory Committee and committees, including succession internal controls; Management System, including the The Committee is responsible for: plans to enable an appropriate balance adequacy of processes for identifying, (d) Review the assistance given by the (a) Making recommendations on the of skills, experience and expertise to assessing and avoiding OH&S risks; company’s executive management team location of the new office premises be maintained; .iii. Monitoring the company’s compliance to the external auditor; of NTSCORP; (c) Overseeing the induction process with relevant OH&S legislation and its (e) Determine whether an internal audit for new company members, directors OH&S Policy; (b) Making recommendations on the is required; and committee members, and reviewing .iv. Reviewing extreme and very high design and layout of the new office (f) Review the results of the internal audit; its effectiveness; OH&S risks and issues, and action premises of NTSCORP; plans put in place to reduce risk and (g) Review the financial statements from (d) Monitoring and assessing the (c) Making recommendations on the prevent future incidents; management and the external auditors continuing education program for furnishings, paint colours, equipment, prior to their submission to the board; company members, directors and .v. Reviewing the company’s health and technology, floor covering and general safety initiatives and programs, and their (h) Monitor the executive management committee members; ambience of the new office; success; and team to ensure it complies with its (e) Reviewing a process for the selection (d) Making recommendations of office grants terms and conditions, and any .vi. Considering reports submitted by accommodation of staff; and removal of company members, management on health and safety reporting processes; directors and committee members, performance and issues. (e) Reviewing and monitoring the (i) Monitor the executive management team and reviewing its effectiveness; progression of the relocation and (m) Sustainability to ensure it complies with any reporting (f) Recommending the appointment of development of the new office processes under Corporations Law, .i. Reviewing the company’s sustainability premises and making recommendations new company members, directors to the principles and policies; Taxation Law, or any other legislation; board and committee members, having to the Executive; .ii. Reviewing the company’s environmental (j) Review accounting policies adopted, or regard to the desirable qualifications, and greenhouse gas footprint and (f) Recommending the appointment of any changes made or contemplated; experience and domicile for individual tracking performance indicator trends; the Project Manager and other such new appointees; experts, having regard to the desirable (k) Review and recommend changes for .iii. Reviewing priority goals and targets and approval by the board; and (g) Reviewing the succession planning monitoring implementation; qualifications, skills and experiences to carry out the work; (l) Carry out any other functions that the for the CEO; and .iv. Considering and approving the board may direct from time to time. (h) Any other functions that the board may company’s annual Sustainability Report; (g) Developing, recommending and direct from time to time. .v. Considering reports submitted by monitoring a relocation movement management on environmental schedule; performance and issues; and (h) Assessing the needs of the Company .vi. Overseeing the company’s compliance when making decisions and with relevant legislation and the recommendations; and company’s policies. (i) Other such matters as the Committee (b) Corporate Responsibility and the Executive may determine from .i. Formulating, reviewing and monitoring time to time. compliance with policies and procedures in order to ensure the company acts ethically and responsibly in its interactions with its people; its customers; its suppliers and the broader community; and. .ii. Overseeing the company’s compliance with relevant legislation on the matters within its responsibilities.

Management and Operational Structure 19 | 20 ANNUAL REPORT 2008/09 Corporate Governance

About our NTSCORP (formally New South Wales Native Title Services) was incorporated under the Our Company’s approach Demanding the best possible outcomes • Charters such as a CEO Charter, Corporations Act 2001 (Cth) as a public company limited by guarantee on 5 December in corporate governance is a cornerstone a Company Secretary Charter and Company 2001. It has grown into one of Australia’s leading Aboriginal and Torres Strait Islander to corporate governance of any good company. This is particularly Committee Charters and native title service companies. so in our company’s operating sphere. • The development of a Strategic Plan NTSCORP is not a Native Title Representative Body (NTRB), but is funded under Section The demand for increased exposure to good • The development and maintenance 203FE of the Native Title Act 1993 (Cth) (NTA) by the Department of Families, Housing, governance is particularly relevant in today’s of a company policy and procedure Community Services and Indigenous Affairs, to carry out the functions of a NTRB. Drawing environment. Primary funding sources manual. Policies and procedures cover on its employees’ wealth of experience and skills it provides services to assist the Aboriginal and clients have high expectations that employment-related issues, financial people to exercise their legal rights under the NTA. the standards of corporate governance in and accounting practices, internal organisations such as ours reflect and often administrative practices, Board practices, As a result of increasing demands and declining funding NTSCORP has resolved to seek exceed those of the corporate sector. and policies impacting directly on additional funding streams through consultation with the private, public and community our clients (such as a Facilitation and sectors. The functions and powers, responsibilities and role of NTSCORP are set out in That’s why NTSCORP is happy to take Assistance Policy and an Internal section 203B-BK of the NTA. Definitions and conditions affecting the performance of its up the challenge of providing the highest Review Policy) functions are contained in Part 11 Divisions 1-7 of the NTA. standards attainable. We are constantly striving to better educate our Board, • Increased facilitation and training In summary the functions and powers of an NTRB as defined in s203 of the NTA are: employees and clients in line with the of company members to increase participation in general meetings and • Facilitation and assistance • Agreement making expectations created by today’s corporate environment. Our clients and the community the company • Dispute resolution • Internal review, that we are proud to represent, can rest • Improved reporting mechanisms to • Notification • Other functions (see s203BJ in particular) assured that our company is committed ensure improved communications to the promotion of a corporate culture that between clients, members, directors is ethical and transparent, and a culture and management by introducing better that is client focused and based on merit, reporting mechanisms and disclosures, teamwork and results. newsletters, promotional and information events. This includes increased The company is keenly aware that in participation at community events a challenging and rapidly changing environment, key corporate governance • The development and implementation practices are paramount. The company’s of a staff induction manual to improve corporate practices include: existing directors, members and staff induction procedures • An Audit and Compliance Committee • The implementation of the PM3 • A People, Performance and Nomination performance management program Committee to measure staff and management • A Safety, Sustainability and Corporate performance against stated company, Responsibility Committee management and individual goals • A Company Relocation Advisory Committee and objectives

NTSCORP takes good corporate governance seriously and strives for high ethical standards in all its dealings: with our clients, our staff, our members, the regulators and the community (Aboriginal and the wider Australian community). NTSCORP believes good governance is more about behaviour and relationships, embedded values, and the integrity with which the board, management and staff go about their business. It is not about ticking boxes. Good governance starts at the front desk and is reflected throughout the company to the chairperson of the board.

Corporate Governance 21 | 22 ANNUAL REPORT 2008/09 SUSTAINABILITY AND CORPORATE RESPONSIBILITY

Sustainability Indigenous Enterprise Partnerships Indigenous Football Festival Aurora Internships

NTSCORP takes its approach to the issue NTSCORP has entered into discussions with Indigenous Enterprise Partnerships (IEP) NTSCORP CEO, Mr Warren Mundine, was proud to be a ‘football tragic’ and one of NTSCORP is pleased to report the of climate change seriously. To ensure about working collaboratively to engage corporate Australia with Indigenous organisations in Football Federation Australia’s (FFA’s) Indigenous Ambassadors at the launch of the ongoing success of its participation in that the company is proactive, NTSCORP Sydney’s Redfern-Waterloo area. Indigenous Football Development Program by Prime Minister, Kevin Rudd, and Football the Aurora project, which facilitates the changed the name and expanded the Federation Australia (FFA) in February. professional development of Indigenous IEP currently operates in Cape York and the Goulburn/Murray district of Victoria. The activities of the OH&S Committee to Safety, students currently studying law, organisation facilitates partnerships between corporate and Indigenous groups that work The centerpiece of the program launched at the Telstra Dome is the Indigenous Football Sustainability and Corporate Responsibility anthropology, research, management, together to promote economic and social development, focusing on long-term, sustainable Festival to be held in Townsville in July and involving around 180 Indigenous children Committee (“the committee”) to take on education and other disciplines. impacts that would help break the cycle of welfare dependency among Indigenous aged between 13 and 16. Drawn from regions all across Australia, the 8 boys’ teams and the responsibilities of sustainability and communities. 4 girls’ teams will enjoy a week of competition, coaching clinics and cultural workshops. NTSCORP takes on voluntary interns corporate responsibility. and provides them with on the job This is an exciting initiative for NTSCORP as the IEP model has received outstanding In an editorial for the Sydney Morning Herald, Mr Mundine said “As an ambassador. I The committee works with the company to experience opportunities in native title recognition in “The Business Guide to partnering with NGOs and the United Nations”, the have had the privilege and great pleasure of working closely with communities all across promote sustainable practices and reduce matters associated with their respective first global effort to recommend business partnership NGOs. Australia to bring together these wonderfully talented Indigenous teenagers. Attending the ecological footprint of the company. field. The organisation continues to ‘participation days’, where kids from all around the district came together to form the The committee is made up of directors, encourage students to apply for an festival teams was very inspiring.” executive members and staff. NAIDOC intership with NTSCORP. Mr Mundine said the enthusiasm of the players, their families and their local communities The committee endeavors to raise staff NAIDOC Week has grown into a wide-ranging celebration of the history, culture and validates his dream that something much bigger can be achieved. members awareness about environmental achievements of Aboriginal and Torres Strait Islander peoples. Held from 5-12 July, the sustainability and to promote sustainable theme for NAIDOC 2009 is “Honouring our Elders, Nurturing our Youth”. The theme reflects “As they say, ’from little things big things grow’, and football has enormous capacity practices both in house and in the the important contribution of Elders to community life and their valuable mentoring role. to positively affect Indigenous youth and their local communities,” Mr Mundine said. community. NAIDOC Week extends well beyond Indigenous communities and provides a positive The goal is to increase Indigenous participation in Australian football - at least 5% of In early 2010 NTSCORP will be moving forum for First Australians and non-Indigenous Australians to join in activities together. players in both the men’s and women’s national teams and major competitions to be into new premises and the committee NTSCORP actively supports and participates in NAIDOC events, particularly in Sydney of Indigenous descent within 10 years. will be looking at ways to ensure that the and the Hunter Valley. Mr Mundine said that while there is a tradition of strong Indigenous representation at company is keeping toward sustainable the highest level of AFL and rugby in Australia, this has not yet been reflected in football. practices not only during this time but into NTSCORP will join the celebrations of the Youloe-ta Indigenous Development Association the future by incorporating green design in Newcastle on 6 July. The NTSCORP team will hold an information stall for people to find “According to the AFL, one in 10 players in the 2008 season had Indigenous heritage. practices and operations. out about native title. A children’s painting competition will also be held with the top three In rugby, Indigenous representation tends to hover around 11%. Indigenous people have paintings being awarded $50 ABC Bookstore vouchers. a lot to offer football. Our strong presence in AFL and rugby speaks volumes about the On 9 July NTSCORP and Sydney City Council will run a public weaving workshop with “the skill of Indigenous athletes and their positive contribution to successful sporting teams,” Gerringong Weavers” of Boolarng Nangamai Aboriginal Art & Culture Studio at the Redfern Mr Mundine said. Community Centre. In addition, NTSCORP historian, Mr Michael Bennett, will give a talk He said sport in general, and football in particular, has great ability to strengthen about native title. Indigenous communities. Like the successful AFL programs, football can be used to encourage children to stay in school and reinforce healthy lifestyle messages. National NAIDOC Poster Competition In April, Luke Mallie, an artist from “I join the many voices that espouse the extraordinary positive power sport can have, an Mackay in north , was influence that stretches well beyond the sports field. In my personal and professional life, announced as the winner of the I continue to be inspired by the achievements of athletes such as John Moriarty, the first prestigious National NAIDOC Poster Indigenous player selected for the Socceroos, Harry Williams, a World Cup Socceroo and Competition for 2009. legendary footballer Charles Perkins. Luke said his artwork, which uses “Football, ‘the world game’ is an excellent sport to encourage in Indigenous communities,” water colour, acrylic and ink on paper, Mr Mundine said. “represents the elders teaching and keeping watch over their young as they learn and grow into adults to then carry on the culture”.

Sustainability and Corporate Responsibility 23 | 24 ANNUAL REPORT ANNUAL REPORT 2008/09 2008/09 HUMAN RESOURCE Our Community MANAGEMENT – Our Service

Workforce planning, Training and development Occupational health Key Stakeholders Facilitation and negotiation, rather than NTSCORP is committed to pursuing litigation, of native title claims is a priority economic independence and to ensuring staff turnover and retention NTSCORP provides its employees with and safety performance The primary role of NTSCORP is to work for NTSCORP and is reflected through the that Traditional Owners’ rights are of extensive training and professional towards achieving the aspirations of NTSCORP management conducts regular NTSCORP has developed an OH&S policy following actions: paramount importance in the use of lands, development opportunities and makes Traditional Owners within the strategic planning sessions. These sessions and procedures to reduce its exposure to waters and seas in any number of activities every effort to assist employees to develop Native Title Act (NTA). • Education through targeted community include Human Resources needs and are accidents at work. Though not required that may include: their own capabilities in their respective facilitation, research and regular seminars followed by ongoing assessments during the by law, the organisation has appointed an NTSCORP is faced with a constant fields. NTSCORP provides in-house and • Whole of country agreements • Primary production year according to the circumstances. The OH&S Committee that reports directly to the challenge in the form of increasing demands external training to its board members and • Mining and energy activities Company plans its recruitment of potential board of directors. for facilitation and negotiation of native title • Dispute resolution employees as required. The organisation candidates bearing in mind relationships matters, and must at the same time manage • Efficient and highly professional future act • Land repatriation ensures that all employees are able to In the reporting year, NTSCORP recorded and tenure. This is, unfortunately, not always an ever decreasing pool of resources. notification services • Sequestration participate in training activities regardless one OH&S incident in which an employee achievable. The main constraints are: of seniority or position. was involved in an accident whilst travelling Each Traditional Owner community has • The arts and tourism • Funding: to work. The organisation reported the unique needs and aspirations. To better • Agriculture and aquaculture NTSCORP pays particular attention to our level of funding means it is not incident to WorkCover. service clients, NTSCORP continually the needs of its professionally qualified The company believes that the use of the possible for us to compete with the reviews and streamlines its operational staff to complete their CPD / MCLE NTA is vital to assist in improving the health, commercial industries on a dollar per procedures to provide an unmatched level compulsory requirements. The organisation education, capacity building and living dollar basis Staffing statistics of service that is unique to every client group also encourages the participation of conditions of Traditional Owners. • Professional goals: NTSCORP had 35 employees throughout represented. These actions help ensure that employees in the NTRB Annual Conference most professionals see this industry as the 2008 – 2009 financial year, including the facilitation of agreements, focusing on Other key stakeholders with an interest which provides substantial professional a stepping stone to their careers and plan the CEO. whole-of-community outcomes, mirror our in native title matters may include: development opportunities. This event to stay only for a short period clients’ expectations. is also useful for networking and helps • The Commonwealth government and • Industry perception: staff to understand other organisations’ Indemnities and insurance These agreements cover a broad spectrum its departments this industry is recognised as a highly contributions to progressing native title. premiums for officers of issues and may include, but are not • NSW and ACT governments and political arena and therefore is perceived limited to: their departments as providing unstable employment Directors and Company Officers are fully Impact and features insured for professional indemnity purposes. • Recognition of the Traditional Owners of • Local governments and their departments • Levels of stress: the lands, seas and waters • Peak mining and industry representative as resources are limited, employees are of certified agreements NTSCORP lawyers are covered by • Recognition of country laws and custom bodies often forced to work very long hours to and AWAs compulsory professional indemnity perform their duties, this often impacts on insurance from LawCover, including • Transfer of freehold lands • The NSW Farmers Association NTSCORP does not have certified their performance and drives them to seek top-up insurance. The cover includes all • Site management • License holders agreements or AWAs in place. The other employees who assist lawyers with better resourced employment • Access to and co-management of, lands, (eg. water and commercial fishing) organisation believes that individual their work such as administration and seas and waters • The Federal Court Despite these constraints, NTSCORP contracts give the company and the operations staff. recognises the importance and benefits of employee an opportunity to negotiate • Repatriation and compensation due to • The National Native Title Tribunal retaining corporate knowledge and makes an agreement based on the individual’s future acts (eg. mining and agriculture) every effort to minimise the risk of losing capacity, skills and performance. Consultants and competitive • Cultural heritage management good employees, using FaHCSIA funds and Nevertheless, NTSCORP accepts that tendering and contracting • Water and fishing rights other sources of income. employees may be covered under the State Competitive tendering and contracting • Education and training NTSCORP offers its employees substantial Award legislation and complies at all times practices are currently pursued in benefits to compensate them for their with relevant legislation relating to wages accordance with Section 29 – General Terms long hours and dedication in pursuing the and entitlements. and Conditions for funding agreements company’s goals. relating to Native Title. NTSCORP does not enter into any tenders or contracts in excess of $80,000.

Human Resource Management | Our Community - Our Service 25 | 26 ANNUAL REPORT 2008/09 Overview of NTSCORP Operations

Dr Ken Lum, Head of Operations, is The 2008-2009 operational plan was The map below denotes the general regions responsible for NTSCORP Operations and developed by the CEO and executive team with a black border: the Research, Community Facilitation and following intensive operational planning Land Tenure and Notifications divisions with all staff and relevant stakeholders. All within NTSCORP. of staff planning meetings, team meetings and collaborative reporting processes Mr Damien Bidjara-Barnes, General and reviews of operational objectives and Counsel, is responsible for providing legal budgets were undertaken throughout the advice to the company and for the provision year to better identify key short-term, mid- of native title and related legal advice term and long-term objectives. provided to Traditional Owners by the Legal division. NTSCORP performs its NTRB functions in both NSW and the ACT and in order Together with the Corporate Services and to provide effective services across this Executive Services divisions, these are the large region NTSCORP has established driving forces that deliver services to benefit seven regional areas of responsibility for Traditional Owners in NSW and the ACT. operational staff. The dedicated regions A dedicated Project Team is allocated in ensure that native title and future act issues each matter represented by NTSCORP, and enquiries that arise, and which do not comprising of: necessarily relate to a current native title • Murwillumbah • a Solicitor matter, can be addressed by staff with a clear understanding of the regional issues. • Lismore • a Community Facilitator Fig 03. The Regions are: • Evans Head • an Anthropologist • The map denotes the North Coast Region Northern Central Region • Grafton • an Historian • Central Coast Region general regions with • a Finance Officer North Coast Region • South Coast Region a black border: During the current reporting period there • Northern Central Region have been 34 matters in which NTSCORP • Central Region has either provided representation, actively Western Region • Port Macquarie assisted to develop or affect agreements, • Southern Central Region • Broken Hill • or performed other functions of a NTRB. Western Region • Dubbo Central Coast Region Each matter is allocated a unique NTSCORP Central Region reference number. • Newcastle

• Orange • Bathurst • Sydney

• Wollongong Southern • Goulburn Central Region South Coast Region

N 0 100 200 kilometres

Research regions and current Native Title claims, September 2009

Overview of NTSCORP Operations 27 | 28 ANNUAL REPORT 2008/09 Overview of the Native Title Environment in NSW

Key Stakeholders Categorisation of Native Title Matters in NSW Credible Evidence Process Strategic Approach Amendments to NTSCORP’s key stakeholders are the Beginning in May 2004 and continuing in 2008-2009 the NNTT, the NSW Government and New South Wales is the only state in the by NTSCORP the Native Title Act Traditional Owner communities of NSW NTSCORP have categorised all native title determination applications in NSW in terms of their Commonwealth which does not currently In 2008-2009, NTSCORP continued to take Following wide-ranging amendments and the ACT. Through the application of prospects for resolution and provided that categorisation documentation to the Federal Court. have a publicly available credible evidence a strategic approach to native title in NSW (mainly of a technical and procedural NTSCORP’s facilitation and assistance policy or credible evidence guidelines. As The aim of the categorisation process is to inform the Court in which cases the parties believe and the ACT through adherence to the nature) to the Native Title Act 1993 (Cwth) policy, the organisation applies limited funds a result, credible evidence has been the coordinated efforts are best focused in order to move towards the resolution of a maximum prioritisation program and the application in 2007, additional amendments were provided by FAHCSIA to represent the subject of negotiations within the parameters number of claims. Generally this process has assisted NTSCORP, the NSW Government and of the facilitation and assistance policy. proposed in 2008-2009. These “proposed native title rights and interests of Traditional of each native title application. the NNTT to concentrate their resources more effectively. This approach is necessitated by the limited minor amendments” were the subject Owners. In part, this involves the application In general, however, it is clear that the State and insufficient level of funding received of a December 2008 Commonwealth of a prioritisation program to determine the Government has adopted the approach that from FAHCSIA. Discussion Paper, which called for matters for which NTSCORP can provide it requires credible evidence to be submitted comment. NTSCORP collaborated with the representation and assistance. Claims are categorised as: NTSCORP strongly advocates that a strategic for assessment before the State is willing National Native Title Council (NNTC) in the approach to education processes, research, Other key stakeholders in the native to enter into any meaningful negotiations preparation of a submission regarding the land summits, representation, dispute title process in NSW and the ACT Category A: Applications where applicants have provided evidence to the State and towards possible avenues for resolution of proposed changes. resolution, notifications and policy has include the State Government, the NSW the State is assessing the material or negotiating with the applicants to native title applications by agreement rather the best potential of delivering the desired These proposed changes included: Farmers Association, the Commonwealth try to settle the claim. than by litigation. outcomes of Traditional Owner communities. amendment to section 87 to allow for Government, the Federal Court and the the Court to adopt a Statement of Facts National Native Title Tribunal (NNTT). Category B: Applications that NTSCORP is representing or supporting but evidence NTSCORP has actively implemented as agreed between the parties; the not yet provided to the State. Court Management of Matters its ‘road map’ for effective native title potential for the Federal Court to make with Minimal Progress applications in NSW and the ACT which determinations that cover “non Native includes the following series of steps: Category C: Applications that are not represented or funded by NTSCORP but have During 2008-2009 the Federal Title matters” and various amendments some prospects for a negotiated outcome if certain things are done. Court continued to employ the use • Education workshops to the Evidence Act 1995 (Cwth). It is of programming orders in native title • Research also proposed that the Federal Court will Category D: Applications where there is insufficient evidence available for them to applications in which evidence has not been • Land summits have an increased role in the conduct of progress towards a negotiated outcome. submitted and where the applicants are mediation in native title matters. largely unrepresented. These are matters • Establishing community protocols In its submission, the NNTC raised Category E: Applications, which in their present form, have little or no prospect of a which have generally been classified as • Filing a native title application additional issues regarding the potential for negotiated outcome. Category D or Category E applications. • Witness statements reform to section 223 of the Native Title Act Programming orders are a method often • Working parties/negotiation committees 1993 (Cwth) (see below), and the need to Category F: Applications lodged primarily to attract procedural rights under the employed by the Federal Court prior to a • Governance structures ensure consistency between the Act and Native Title Act in relation to proposed future acts. full hearing of a matter. Case Management the Racial Discrimination Act 1975 (Cwth). Conferences convened by the Federal Court • Negotiations have also been an effective mechanism • Outcomes In May 2009, the Senate Standing for progressing applications which, in their Committee on Legal and Constitutional As at 30 June 2009, NTSCORP represented nine of the eleven matters in Category A, present form, have little or no prospect of a Trends in Native Title in NSW Affairs recommended, following a period however NTSCORP does not represent any of the matters in Category C, D or E. Matters negotiated outcome. of inquiry, that the Native Title Amendment represented and actively assisted by NTSCORP have a higher likelihood of progressing and the ACT Bill 2009 be passed without amendment. The Federal Court continued to note to efficiently and effectively through the native title process in NSW. 2008-2009 has seen a number of trends At the end of the financial year, the Bill was Parties its discretion to dismiss applications emerging which have affected the native title being considered by the Senate. that had not been accepted for registration environment in NSW and the ACT. These by the NNTT, under its powers contained in changes have ranged from those brought section 190F(6) of the Native Title Act 1993. about by legislative amendments, to those These powers were not actively employed brought about by broader changes in policy during 2008-2009, and activity by industry. Of significant note NTSCORP continues to be joined as a is the trend towards changes to the native respondent party to all native title matters. title system that will improve its efficiency and effectiveness.

Overview of the Native Title Environment in NSW 29 | 30 ANNUAL REPORT ANNUAL REPORT 2008/09 2008/09 Overview of Increased Policy the Native Title Activity and Environment Consultation in NSW

Warrell Creek near Numbucca Heads. Increased Policy Activity and Consultation 2008-2009 has seen a significant increase in policy activity and consultation in the NSW and Commonwealth jurisdictions. NTSCORP responded to several consultations for proposed legislative and policy reforms in native title and Aboriginal affairs in the past financial year. There are indications of a further increase in policy activity in the future. In the 2008-2009 reporting period, NTSCORP developed policy submissions at the State Government level in the following areas:

The NSW Aboriginal Land Cultural Fishing from applications made by Local Aboriginal Management Framework In June 2009, NTSCORP responded Land Councils due to the requirements The NSW Department of Environment and to the NSW Department of Primary set out in section 40AA of the Aboriginal Climate Change (“DECC”) requested feedback Industries’ Discussion Paper on proposed Land Rights Act 1983 (NSW). Generally on its discussion paper on a proposed amendments to the Fisheries Management however, if the application is unopposed and Aboriginal Land Management Framework. Act 1994 (NSW). NTSCORP continued to protection is obtained under section 24FA strongly advocate for enshrining Aboriginal of the Native Title Act 1993 (Cwth), many NTSCORP reinforced the importance of cultural fishing rights in NSW and made applicants will discontinue the proceedings implementing processes and policies that submissions in relation to the limitations before a determination is made. This can be used to streamline the native title associated with the proposed permit system protection would validate any future act process. The submission also highlighted in order to exercise cultural fishing rights upon the land even if it is later determined the importance of including Traditional and concerns with some aspects of the that native title exists in the subject land. Owners in the management of all public consultation process. lands and in creating opportunities for In 2008-2009, NSW continued to have the employment and economic development. Increased Resource Activity largest number of non-claimant applications 2008-2009 has seen the continued trend of any State in Australia. NTSCORP has National Parks and Wildlife Bill 2009 towards increased gas and coal extraction identified several factors which have In July 2009, NTSCORP made submissions activity in NSW, such as the opening of the contributed to the now consistently high to DECC’s proposed changes to the National coal fields in and the Liverpool number of non-claimant applications in Parks and Wildlife Bill 1974 (NSW). In Plains. There has been and will continue to NSW, namely: addition to the proposed changes, DECC be increased future act activity in NSW and sought feedback on the Due Diligence • The operation of section 40AA of the NTSCORP has worked towards streamlining Guidelines for Protection of Aboriginal Aboriginal Land Rights Act 1983 (NSW), its future act processes in preparation for Objects in NSW and Draft Community which requires that a determination that increased activity. Consultation Requirements for Proponents. that native title does not exist in land be Consistently High Number obtained before land can be disposed of NTSCORP’s submission to DECC emphasised of Non-Claimant Applications by a land council the importance of consultation in relation to the A non-claimant application is an application • The State Government’s encouragement development and implementation of regimes for a determination of native title made by a of lease conversions of Crown land to Proposal to Reverse the Onus of Proof in Establishing Government Approach affecting Aboriginal cultural heritage. NTSCORP person who holds a non-native title interest freehold title in those lands supported the increased protection of Connection to Country to Agreement Making in the area. A non-claimant application Aboriginal cultural heritage in NSW, but felt that • The preferential use of the non-claimant In 2008-2009 there was significant debate regarding a proposal to reverse the onus of proof During 2008-2009 the Commonwealth may seek a determination that native title the proposed changes fell short of providing process to the future Act regime in the under section 223 of the Native Title Act 1993 (Cwth), under this proposal the respondent and State and Territory Governments does not exist in the area, which would adequate protection. NTSCORP advocated for Native Title Act 1993 (Cwth) in which the parties to a native title application would bear the responsibility for disproving the existence acknowledged the backlog of have the effect of extinguishing any existing the introduction of dedicated cultural heritage right to negotiate may apply for Traditional of the applicants’ connection to country exists. High Court Chief Justice Robert French undetermined native title applications and native title in the subject area. In NSW, the legislation in NSW and proponents consultation Owner communities proposed the change, arguing it would not impact on the structure of native title law, but the significant length of time associated majority of these final determinations arise with Traditional Owners. would substantially reduce financial burden for applicants and assist in the more just and with resolving applications. As a result, the timely resolution of claims. Joint Working Group on Indigenous Land Settlements is considering the introduction The NNTC provided a submission, in which NTSCORP collaborated, in February 2009 to the of Guidelines for Best Practice Native Title Attorney General’s Department. The submission advocated “that the onus of proof of matters Agreement Making. related to continuity and connection should be on respondents where applicants have demonstrated they are a contemporary, coherent community for the claim area”. The debate regarding the proposal to change section 223 remains ongoing, with the Attorney-General and Prime Minister having indicated a willingness to consider the proposal.

Overview of the Native Title Environment in NSW | Increased Policy Activity and Consultation 31 | 32 ANNUAL REPORT ANNUAL REPORT 2008/09 2008/09 NTSCORP Performing Other Functions the Functions of a Native Title Representative Body

Facilitation and Agreement Making Function Certification Function Notification Function Policy Assistance Function NTSCORP exercises its agreement-making NTSCORP is a native title service provider, 705 notifications were received from State and Commonwealth Government NTSCORP undertakes a range of policy function in all of the matters in which it rather than a registered native title Departments in 2008-2009. Traditional Owners received 3, 879 notifications. activities on behalf of Traditional Owners NTSCORP provided representation in 17 provides assistance or representation. representative body, and subsequently During the course of the year it was necessary to enter into correspondence including advocacy, submission writing, native title matters and performed other does not have the certification function with many of the notifying Departments and with notification recipients. Referrals participation on reference groups and functions of a NTRB in relation to a further The focussed dedication of NTSCORP staff in accordance with section 203BE of the for further information and advice were made to the NTSCORP legal division, legislative drafting. 21 native title matters. and the commitment of Traditional Owner Native Title Act 1993. Native title claimant principally to the Future Acts Solicitor. communities during 2007-2008 resulted Policy activities are undertaken in areas A Report on Performance by Matter is groups in NSW authorise ILUAs and native in a number of agreements being reached such as: provided below outlining the range of title applications in accordance with the including Githabul People, Barkandji Notification Type Received Sent Facilitation and Assistance activities process provided for by section 251A and People, North East Wiradjuri People - undertaken by NTSCORP in 2008-2009. section 251B of the Native Title Act 1993. 24HA (NTA) 383 1695 • Fishing rights and interests; Portland and Gomeroi Narrabri. 24MD (NTA) 91 1021 • Natural resources; Following that intense period of agreement Dispute Resolution Function • Water rights; making, 2008-2009 was a period in Advance notice of compulsory acquisition 4 37 • Water management trust; and which NTSCORP could consolidate and NTSCORP undertakes its dispute resolution Non-Claimant Applications (NTA) 13 127 substantially progress other matters function in a variety of circumstances • Land Rights Act and Native Title Act. including during: s29 (NTA) 23 323 towards agreement, including Avery-Slater As outlined above, increased policy activity 24GB (NTA) 1 2 & Ors (Forster Tuncurry), Gumbayngirr • The conduct of consultations and consultation has taken place during People (Warrell Creek) and Gumbayngirr and research; 24IB (NTA) 0 0 2008-2009. People (Boney Witt). It is anticipated that • The conduct of decision making 24JB (NTA) 4 40 those matters will be concluded in processes for the filing of applications; 2009-2010 by agreement. 24GD (NTA) 2 12 Education • The course of proceedings whether Three education workshops were convened During 2008-2009 NTSCORP also assisted or not applications are represented 24KA (NTA) 22 121 for Traditional Owners in NSW during Githabul and Byron Bay by NTSCORP; 24NA (NTA) 0 0 2008-2009 in Moruya, Ashford and Cowra. during the implementation phase of their • The authorisation of agreements arising 24MB (NTA) 5 34 Indigenous Land Use Agreements (ILUAs). out of the ‘right to negotiate’ provisions s32F (Mining Act 1992) 13 149 Land Summits During 2008-2009, two agreements were of the NTA; and reached including an agreement between • The implementation of existing native Misc. 8 55 One land summit was convened for People in Cobar. Bandjalang and Yaegl People and an title agreements. Notices from Department of Environment and Conservation 136 263 agreement between Yaegl People and The role of community facilitators Country Energy. Both agreements are Total 705 3879 within the project team is central to the Research: Identification of Native expected to be formally executed prior exercise of NTSCORP’s dispute resolution to 31 October 2009. Title Claimants and Holders function. Focussed research is also often Internal Review Function The Research division provided a range of NTSCORP has significantly progressed employed as a mechanism within a dispute Under section 203BI of the Native Title Act, NTSCORP must provide a process for assistance in matters currently represented discussions with both the NSW Aboriginal resolution process. its clients to seek review of any decisions NTSCORP makes in the performance of by NTSCORP, including in the preparation Land Council and South Australia Native During the 2008-2009, NTSCORP its functions or exercise of its powers. NTSCORP’s Internal Review Policy sets out of anthropological and historical reports in Title Services with regard to developing participated in seven dispute resolution this process. support of credible evidence material. In Memorandums of Understanding between processes in relation to native title matters. addition, research projects were undertaken the respective organisations. During 2008-2009, NTSCORP received 2 applications for internal review. for the South Coast, Ngiyampaa, Western Bundjalung and Southern Wiradjuri.

NTSCORP Performing the Functions of a Native Title Representative Body | Other Functions 33 | 34 ANNUAL REPORT ANNUAL REPORT 2008/09 2008/09 Overview of Native Judicial and Title Matters in Administrative NSW and the ACT in Decisions 2008-2009

New Native Title Applications Discontinued, Dismissed Widjabul Numbahjing Overview of Native Title and Related Applications in NSW and the ACT Number from 1 July 2008 to 30 June 2009 Four new native title applications were filed or Determined Non-Claimant In December 2008, the Administrative The Native Title Determination during 2008-2009, none of which are Appeals Tribunal (AAT) reviewed the Application of the Numbahjing Clan represented by NTSCORP. Applications decision of NTSCORP not to provide (within the Bundjalung Nation) was filed Total Claimant Applications as at 1 July 2008 34 Thirteen non-claimant applications assistance to the Widjabul People. The in and around Ballina and in early 2008. They include three applications in North East Claimant Applications Filed between 1 July 2008 and 30 June 2009 4 were finalised in 2008-2009: AAT determined that the Secretary of The application was not accepted for Wiradjuri Country in and around Bathurst, Lithgow FAHCSIA should make funding available to registration by the Registrar of the NNTT Claimant Applications Filed by NTSCORP between 1 July 2008 0 and Mudgee, primarily filed in response to future • Cabonne Council the Applicant. In reaching this decision the and the Applicant appealed this decision and 30 June 2009 act notices for exploration and an application • Peter Hillig as Administrator of Worimi AAT stated that the assistance sought was to the Federal Court of Australia. The Claimant Applications discontinued or dismissed between 7 by Numbahjing People in and around Ballina. Local Aboriginal Land Council moderate and that the intra-Indigenous Applicant subsequently discontinued the 1 July 2008 and 30 June 2009 • The Honorary Bob Debus, MP, Minister disputes in the region appeared to have native title application in October 2008. Federal Court Determinations in relation to Native Title 3 Discontinued or Dismissed Native for the Environment for the State of New been solved through mediation. South Wales (Barren Grounds) Total Claimant Applications as at 30 June 2009 31 Title Applications • Sada Services Pty Ltd Nucoorilma Gamilaaroy Registered Claimant Applications as at 30 June 2009 22 Six native title applications were discontinued Dunghutti The Nucoorilma Clan of the Gamilaaroy • Minister for Lands for the State of New in 2008-2009, including the two Saltwater On 18 September 2008, a number Aboriginal People claim was dismissed Claimant Applications represented by NTSCORP as at 30 June 2009 South Wales (Glenthorne) Kattang applications and the Ngiyampaa People of members of the Dunghutti Elders in May 2009. An appeal against this Total Non-Claimant Applications as at 1 July 2008 26 (Mulga Creek), Barkandji #1, Numbahjing and • Eden Local Aboriginal Land Council Council Aboriginal Corporation lodged decision was filed in June 2009. This Non-Claimant Applications Filed between 11 Ngaorigu applications. • Local Aboriginal Land Council an application with the AAT to review a appeal was withdrawn by the Applicant decision of the Registrar of Aboriginal prior to being dealt with by the Court. In 1 July 2008 and 30 June 2009 One native title application, the Nucoorilma • Greater Hume Shire Council Corporations to register certain documents June 2009 the Applicant filed a Notice Gamilaaroy application, was dismissed by the • Hector Allan Le Brocq Non-Claimant Applications discontinued between 10 appointing Directors of the Corporation, of Motion seeking that the dismissal be Federal Court in 2008-2009. 1 July 2008 and 30 June 2009 • Gordon: Warwick, Maclaren and Angus and not to register the Notification of a set aside and the proceedings reinstated. Non-Claimant Applications determined between 3 • Anthony and Bernadette Meppem Change to Corporation Officer’s Details The Notice of Motion will be heard in the 1 July 2008 and 30 June 2009 New Non-Claimant Applications • Monbeef Pty Ltd submitted by NTSCORP on 22 October next financial year. 2007 on behalf of the Applicants in the Total Non-Claimant Applications active as at 30 June 2009 24 Eleven new non-claimant applications were filed • Nambucca Heads Local Aboriginal during 2008-2009: AAT proceedings. Total Compensation Applications as at 1 July 2008 1 Land Council Avery Slater & Ors • Nambucca Heads Local Aboriginal On 26 September 2008, the AAT Of those applications, three applications The injunction and separate declaratory Compensation Applications filed between 0 Land Council declined to make orders in an initial brought by Local Aboriginal Land Councils proceedings brought by the Kattang- 1 July 2008 and 30 June 2009 interlocutory application to stay the • Deni Play on the Plains Festival Ltd resulted in determinations that native title speaking people of Foster/Tuncurry Compensation Applications discontinued or dismissed between 0 decisions of the Registrar. In a further • Peter Anthony Sanders did not exist. against the State of NSW in October 2006 1 July 2008 and 30 June 2009 interlocutory decision of 13 March 2009, remain ongoing and have not yet been • Melody Sarmiento Hartog and Joanne Hartog Total Compensation Applications as at 30 June 2009 1 the Deputy President referred the matter set down for hearing by the Federal Court • Gosford City Council for conciliation. As at 30 June 2009, no of Australia. The Applicant is currently in Native Title Applications filed in response to Future Acts between 2 • Gandangarra Local Aboriginal Land Council #1 date for the final hearing of the matter had negotiations with the State of NSW and it 1 July 2008 and 30 June 2009 been set down by the AAT. • Gwydir Shire Council is expected that these proceedings will be Agreements reached in matters represented by NTSCORP 2 resolved by agreement in 2009-2010. • Gandangarra Local Aboriginal Land Council #2 Agreements executed in matters represented by NTSCORP 0 • Gandangarra Local Aboriginal Land Council #3; ILUAs registered 0 • Gandangarra Local Aboriginal Land Council #4 Disputes relating to Native Title Applications 5 • Gosford City Council Disputes relating to ILUAs, rights of access and other matters 2 Number of ILUAs affected 0 Number of reviews pending 2 Number of reviews completed 0

Overview of Native Title Matters in NSW and the ACT in 2008-2009 | Judicial and Administrative Decisions 35 | 36 ANNUAL REPORT 2008/09 Report on Performance by Matter

NTS 001 and NTS 009 NTS 002 NTS 005 NTS 008 NTS 015 NTS 029 Bandjalang People #1 and #2 Gumbayngirr People (Boney) Byron Bay Bundjalung Gamilaroi (Gomeroi) Nation Forster Tuncurry Barkandji #8 The Bandjalang #1 Claim was lodged in This claim covers environmentally significant The Byron Bay Bundjalung applications This project is an innovative project initiated This claim was lodged in December 2004 This claim was filed in 1997 however 1996 on behalf of the Bandjalang People. coastal land near Urunga on the mid- have successfully progressed in a series by the Gomeroi Nation, NTSCORP and the in respect of the traditional land of Kattang NTSCORP was not appointed to represent The claim covers national parks, reserve north coast of NSW. Since May 2002, the of stages. A Stage 1 ILUA was signed in Department of Natural Resources (now speaking people in the district of Forster/ the applicant until July 2002. This claim lands and coastal land in the vicinity of Applicant has been actively negotiating December 2000 creating the Arakwal DECC) aimed at building the capacity and Tuncurry NSW. This claim was filed in extends from Waanaring to Wentworth in far Evans Head, NSW. The Applicant and the a settlement of this claim. In 2004, the National Park, leaseback arrangement and governance structures of the Gomeroi response to a non-claimant application west NSW, the amended application was State have been in negotiations in this Applicant entered into the credible evidence transferring some land to claimants. It also Nation to negotiate a sustainable agreement made by the Minister for Lands. The accepted for registration in 2006-2007. The matter since 2003. process with the State in an attempt gave those claimants joint management in between Traditional Owners and the State application was accepted for registration by applicant has been engaged in negotiations to finalise this matter. An in-principle the National Park. Stage 2 of the ILUA was of NSW which provides for the practical the Registrar of the NNTT. Between 2005 with the State since 2002 within the credible A large volume of evidence was provided agreement has now been reached between successfully negotiated in 2006-2007 and recognition of native title rights and and 2007 the State of NSW maintained evidence assessment process. To further to the State of NSW during 2008-2009 and the Applicant and the State. The Applicant two ILUAs were authorised by the claim interests in land management practices that the right to negotiate did not apply and these negotiations, further anthropological in preceeding years, and their assessment has been engaged in negotiations with group and executed with the State of NSW. without the need for a native title claim to issued a compulsory acquisition notice in and historical evidence has been prepared of that evidence is due to be provided to the State and Bellingen Council regarding The ILUA included significant benefits for be lodged prior to the commencement of relation to the area. In October 2006, the in addition to the taking of witness the Applicant in early 2009-2010. The planning laws and an access road which the claim group. The ILUAs were accepted negotiations. The capacity building phase applicant initiated Injunction Proceedings statements. This material has been application was also amended during need to be finalised in order to affect the for registration by the NNTT and NTSCORP of the project was concluded in 2008-2009 and separate Declaratory Proceedings provided to the State and assessed and 2008-2009 and is currently undergoing transfer of the land. The Applicant and the has assisted the Applicant in 2008-2009 and the governance phase was substantially against the State of NSW to restrain the the applicant and the State are currently the registration test. State have participated in case management with the implementation of the ILUAs. moved forward. The Gomeroi Tribal Nation State from proceeding with the acquisition engaged in a process to progress that Bandjalang #2 is a claim made on behalf of conferences and mediation conferences This matter is expected to be successfully Secretariat has been established and is until the State proceeded through the credible evidence assessment. the Bandjalang people, the same native title in support of these negotiations and these concluded in 2009-2010. efficiently advocating on behalf of Gomeroi right to negotiate. In 2008, the State of Tenure and Respondent Party issues have claimant group as in Bandjalang #1. The matters have now been substantially People. Negotiations are due to commence NSW agreed to participate in the right to also been addressed in 2008-2009. claim covers approximately 3000 square km progressed. It is expected that this matter early in 2009-2010. negotiate and those negotiations have been of land and waters between the Clarence will be successfully resolved in 2009-2010. NTS 006 Gumbayngirr successfully progressed in 2008-2009. River and the in northern (Gumma / South Beach) NTS 010 New South Wales. This matter has been NTS 004 The claim covers two coastal peninsulas South Coast Research NTS 018 in negotiation with the State since 2003. A Yaegl at Nambucca Heads on the mid-north Tubba-Gah People large volume of evidence was provided to coast of NSW. The area is also covered by Anthropological and historical research the State of NSW during 2008-2009 and The Yaegl People’s claim covers part of claims under the Aboriginal Land Rights Act on the South Coast began in July 2008. This application is filed over the Goonoo in preceeding years, and their assessment the Clarence River and its estuaries in 1983 (NSW) by two Local Aboriginal Land This research is ongoing. Community Conservation Area, formerly the of that evidence is due to be provided to the vicinity of Yamba, Angowrie, Maclean Councils (LALCs). Negotiations have been Goonoo State Forest near Dubbo in central the Applicant in early 2009-2010. The and Harwood on the north coast of NSW. underway between the applicant, various NTS 012 west NSW. This claim was filed in 2001 and application was also amended during NTSCORP was appointed by the Yaegl State Government departments and the Ngempa accepted for registration by the NNTT in 2008-2009 and is currently undergoing People as their legal representative in LALCs for several years. Further evidence, October 2002. Credible evidence has been the registration test. September 2005. The application was comprised of witness statements and Anthropological and historical research assessed and the amended application has amended and accepted for registration in affidavits, has been provided to the State of for the Ngempa (Ngiyampaa) People was been accepted for registration. Negotiations 2006-2007. Further anthropological material NSW and the credible evidence assessment completed in 2008-2009. between the applicant and the State of and witness statements were provided to is ongoing. Lease negotiations regarding NSW are currently proceeding with a view the State in support of the credible evidence the Schedule 14 lease have resumed. This NTS 014 to resolving the application. Negotiations process and that assessment is due in early matter has been substantially progressed Western Bundjalung Research between the applicant and Indigenous 2009-2010. An agreement was reached with in 2008-2009 and is expected to be respondents have also been successfully Clarence Valley Council in relation to the successfully concluded in 2009-2010. Anthropological and historical research on moved forward in 2008-2009. construction of the Yamba Ferry Wharf and the Western Bundjalung began in late 2008 negotiations in relation to two further future and is ongoing. acts have been successfully concluded. An MOU was also negotiated with Bandjalang People in 2008-2009. It is with great sadness that NTSCORP acknowledges the passing of one of the Yaegl Applicants, Thelma Kapeen, and of Christine Ferguson during the past year.

Report on Performance by Matter 37 | 38 ANNUAL REPORT 2008/09 Report on Performance by Matter

NTS 069 - NTS073 NTS 074 NTS 111 NTS 115 NTS 116 NTS 500 Policy Education Workshops Hunter Valley Regional Dispute Resolution South Central Plains research Non-Claimant Applications NTSCORP has undertaken a range of policy Three education workshops were convened Agreement A range of activities were undertaken within (Southern Wiradjuri) NTSCORP has joined as a respondent to activities on behalf of Traditional Owners for Traditional Owners in NSW during 2008- In 2006-2007, NTSCORP engaged with this project including: Anthropological and historical research all non-claimant applications and appeared during 2008-2009 in areas such as: 2009 in Moruya, Ashford and Cowra. Aboriginal People of the Hunter Valley in • Attendance at directions hearing as on the Southern Wiradjuri commenced in approximately 50 directions hearings • Fishing Rights and Interests relation to the development of a regional a Respondent Party in matters not in July 2008 and is ongoing. during 2008-2009. Where appropriate, NTSCORP has confirmed with applicants • Natural Resources NTS 075 agreement and attended a series of represented by NTSCORP meetings at the request of community their intentions to withdraw their applications • Water Rights Notifications and FutureA cts • Participation in mediation NTS 119 members to discuss the resolution of once section 24FA protection has been • Undertaking dispute resolution activities • Water Management Trust The consolidation and focused development regional issues. This was progressed Dunghutti Litigation granted and/or referred matters to mediation amongst Aboriginal people • Land Rights Act and Native Title of the Future Acts Unit and its functions through further meetings convened by On 18 September 2008, a number of and participated in mediation where has enabled NTSCORP to streamline its NTSCORP during 2008-2009. • Considering and reviewing facilitation and members of the Dunghutti Elders Council Indigenous respondents have been joined Specifically, NTSCORP has made: processes with regard to future act notices assistance requests Aboriginal Corporation lodged an application as a party. • Three submissions in relation and negotiations. NTSCORP has engaged Specifically NTSCORP staff attended the with the AAT to review a decision of the Eleven new non-claimant applications to amendments to the NTA with several gas and mining companies NTS 112 traditional boundaries summit, Registrar of Aboriginal Corporations to were filed during 2008-2009 and 13 non- during 2008-2009 on behalf of Traditional • One submission in relation to the Ngiyampaa People the Widjabul administrative review and 20 register certain documents appointing claimant applications were finalised in Owners and provided assistance to a large COAG developed Draft Guidelines for These two claims by the Ngiyampaa directions hearings. Directors of the Corporation, and not to 2008-2009.There were three determinations number of Traditional Owners with enquiries Best Practice Flexible and Sustainable People were lodged in response to two register the Notification of a Change to made by the Federal Court that native title related to future act notices. Matters not represented by NTSCORP Agreement Making notices issued pursuant to section 29, Corporation Officer’s Details submitted did not exist. during 2008-2009 and upon which action • A submission to DPI in relation customary In addition to issuing notices related to Native Title Act 1993 (Cth) for mining leases by NTSCORP on 22 October 2007 on was undertaken include: fishing and section 37 licenses future acts, the Notifications and Future in the vicinity of Cobar in central west behalf of the Applicants in the AAT NSW. The applications were accepted for • Kattang Saltwater proceedings. NTSCORP is assisting the • A submission to DECC on the proposed Act Unit has undertaken numerous tenure registration and the applicants secured the applicant in this matter. new cultural heritage legislation, on the searches related to future act projects and in • Dharawal (Cubbitch Barta) rights to negotiate. One of the matters has Due Diligence Guidelines, the Community support of native title applications. • North East Wiradjuri (3 applications) On 26 September 2008, the AAT declined now been discontinued and negotiations are Consultation Guidelines and the Aboriginal to make orders in an initial interlocutory currently taking place between the Grantee • Gundungurra Tribal Council Aboriginal Land Management Framework; application to stay the decisions of the NTS 101 Party and the applicant in relation to the Corporation Registrar. In a further interlocutory decision • Submissions to DECC on the proposed Land Summits grant of a mining lease, with the assistance • Link Aboriginal Corporation of 13 March 2009, the Deputy President amendments to the Regulations made of NTSCORP. One Land Summit was convened for • Baryugil Bundjalung referred the matter for conciliation. As at under the National Parks and Wildlife Ngiyampaa People in Cobar in 2008-2009. Act 1974 • Widjabul 30 June 2009, no date for the final hearing NTS 114 of the matter had been set down by the AAT. • Attended meetings with NSWALC in NTS 102 • Mooka and Kalara United Families relation to interaction of our organisations Githabul PBC • Nucoorilma Gamilaaroy and the interaction of native title and land Dunghutti Crescent Head The Githabul People executed an ILUA with • Malera Bundjalung rights in NSW the State of NSW and obtained a consent Stage 2 • Ngunnawal People determination with regard to an area of This matter relates to the Implementation national parks and state forests in the • Ngaorigu Dialect of Stage 2 of the Crescent Head ILUA vicinity of in northern NSW in • Wellington Traditional Descendants between Dunghutti People and the State of 2007-2008. During 2008-2009 NTSCORP NSW. Assistance in this matter is related to • Numbahjing provided assistance in the implementation the legal proceedings in the AAT reported of the ILUA and to Githabul People in against NTS119. the exercise of their native title rights and interests through their PBC.

Report on Performance by Matter 39 | 40 Section / Page

Directors' Report 43 Auditor’s Independence Declaration under 48 Section 307C of the Corporations Act 2001 Income Statement 49 Balance Sheet 50 Statement of Recognised Income and Expenditure 51 Cash Flow Statement 52 Notes to the Financial Statements 53 NTSCORP Ltd Directors' Declaration 69 Financial Independent Audit Report 70 Disclaimer of Opinion 71 Statements Detailed Income Statement 72 Contents Financial Statements For the Year Ended 30 June 2009 Directors’ Report

Your directors present their General information Business review Other items report on the company for Directors Company Secretary Operating result Significant changes The names of the directors in office at The surplus (deficit) from ordinary activities the financial year ended Warren Mundine any time during, or since the end of, amounted to $92,763 (2008: ($156,197)). in state of affairs Hon. DUniv (Sthn Cross) FAIM MAICD, No significant changes in the company’s state 30 June 2009. the year are: Chief Executive Officer and of affairs occurred during the financial year. Company Secretary Member Directors Review of Operations FaHCSIA grants increased by 5% during the Michael Bell Chairperson Mr Mundine was appointed company year, however, the increase was undermined After balance date events Jim Wright Deputy Chairperson secretary on 26 September 2003 and No matters or circumstances have arisen by the significant decrease in other revenues Eddie Briggs continues to serve the company in this since the end of the financial year which by 37%, thus posting a net decrease in Allan Lamb capacity. He has over 24 years experience significantly affected or may significantly affect revenue. The operating surplus however Norm Newlin on management in the public, private and the operations of the company, the results of increased because employee benefits Matilda House community sectors and is an advocate for those operations or the state of affairs of the expense decreased and no doubtful debt Gina Milgate lifting Indigenous people out of poverty and company in future financial years. provision was required to be raised this year. Anthony Ashby building a strong Indigenous economy. Yvonne Stewart (appointed 2 July 2009) Mr Mundine is also a fellow of the Australian Katie Wyatt (appointed 2 July 2009) Dividends Auditor’s independence Institute of Management, the Australian The company being limited by guarantee Institute of Company Directors, the Chair of declaration Non-Member Directors (non-voting) and a not-for-profit organisation, and in The auditor’s independence declaration for the NSW Labor’s Indigenous Policy Committee, Frank Fischl accordance with its Constitution, does not year ended 30 June 2009 has been received Executive member of the National Native Terry Lawler pay dividends to its members. and is at page 48 of the financial report. Title Council, Executive member of the Leah Armstrong (resigned 22 June 2009) St. Joseph’s College Indigenous Fund, The directors have been in office since Board Member of the Southern Cross Future developments the start of the financial year to the date University Foundation, Board member The company expects to maintain the of this report unless otherwise stated. of NAISDA, Ambassador for the Song present status and level of operations and Room and a member of the Indigenous As at the date of this financial report hence there are no likely developments in Housing Committee of the National Policy the directors have no interests in the the entity’s operations. Commission. He has also been newly company other than, as relevant, their appointed as a councillor of interests as members of the company. the Macquarie University Council. Environmental Issues No remuneration payments were The company’s operations are not regulated made to the directors during the year. by any significant environmental regulation The directors only get reimbursed for Principal activity under a law of the Commonwealth or of a The principal activity of NTSCORP their associated travelling costs when state or territory. Limited (NTSCORP) during the financial attending board meetings. year was that of acting as a Native Title Representative Body (NTRB). NTSCORP Rounding of amounts The company is an entity to which is not a NTRB, but is funded under Section ASIC Class Order 98/100 applies and, 203FE of the Commonwealth Native Title Act accordingly, amounts in the financial 1993 (NTA) to carry out the functions of a statements and directors reports have NTRB in providing professional services to been rounded to the nearest dollar. assist Aboriginal people in New South Wales (NSW) and the Australian Capital Territory (ACT) to exercise their legal rights under the Native Title Act 1993. There have been no significant changes in the nature of NTSCORP’s principal activity during the financial year.

Directors’ Report 43 | 44 Financial Statements For the Year Ended 30 June 2009 Directors’ Report

Director Information Member Directors Michael Bell Allan Lamb Matilda House Anthony Ashby Yvonne Stewart Katie Wyatt Mr Bell was appointed to the board of Mr Lamb was appointed as a member- Mrs House was appointed as a member Mr. Ashby was appointed as a member- Ms Yvonne Stewart has a strong Ms Wyatt is a business and the company in October 2002. He was director of the company in August 2002. director of the company in November director of the company in September 2007. management background with Indigenous communications consultant operating elected as Chairperson in May 2005. He is a Yuwaaliyaay & Wiradjuri man 2006. She is an Ngambri clan woman. He is a Gamilaraay Yuwaalaraay man from organisations, particularly in health in Melbourne. Ms Wyatt has strong He is involved with several Aboriginal and lives in Goodooga. Mr Lamb gained Ms House’s efforts on behalf of the north western NSW and holds a Bachelor and housing, working with people with experience in human resources and organisations dedicated to serving the his Bachelor of Arts (Language and Aboriginal community of the ACT and of Commerce (UNSW) and is a Chartered Disabilities. She also has experience in people management. Her particular community. They include the National Linguistics) and is currently studying for NSW are long recognised. She has Accountant and Registered Company strategic environmental management and expertise is developing internal Indigenous HACC Reference group, a Graduate Diploma of Management and received the prestigious 2006 ACT Citizen Auditor. His public practice career includes cultural and natural history. Throughout communications frameworks; human among others. Mr Bell further assists Administration at the Bachelor Institute of the Year award and was honoured Ernst & Young, Lawler Partners and the her career Ms Stewart has developed resource documentation; training and the community in socio-economic of Indigenous Tertiary Education in the by the Boomanulla Oval community. Moore Stephens Group New York/New high-level skills in project management and development materials; tender documents; development, particularly in the areas of NT. He is a director of the Muurdi Paaki Mrs House is involved in various boards Jersey offices. His commercial experience stakeholder engagement and liaises with and online marketing materials. Ms Wyatt aged care, employment and education. Regional Enterprise Corporation. He was including Fatsil (Aboriginal and Torres consisted of time as the Financial Manager various bodies, government agencies and currently works as a change management also an ATSIC councillor for the Muurdi Strait Islander Corporation of Languages), for the Darrell Lea Group. Subsequently local communities. Ms Stewart is the CEO consultant for PricewaterhouseCoopers, Jim Wright Paaki region for 15 years. Country Energy, NSW/ACT Aboriginal Legal he established his own boutique chartered of the Bundjalung of Byron Bay Aboriginal as well as being a freelance writer. Prior to Mr Wright was appointed to the board Service, Reconciliation Place and Burringiri accounting firm. Corporation and holds positions on several that Ms Wyatt was a change management in October 2002. He was elected to Norm Newlin Aboriginal Cultural Centre. She is a Boards, Committee and organisations, consultant with Accenture. She began her the position of Deputy Chairperson in Mr Newlin was appointed as a member member of the Murrumbidgee Catchments including as Chair of the Arakwal National career working as a University Cadet for November 2005 and continues to serve director of the company in November Area Group, ACT Women’s Reference Parks and Chair of the Cape Byron the Federal Department of Foreign Affairs the company in this position. Mr Wright 2004. Mr Newlin is a descendant of the Group and co Chair of the Namadgi Lighthouse Reserve Trust, Byron Bay for and Trade. is the current Chairperson/Business Worimi people and is a war veteran. He National Park Advisory Board. the last 12 years. Manager of Youloe - Ta Indigenous has an honours degree in communications Development Association Inc and from the University of Technology and Gina Milgate Chairperson of the Yarnteen Aboriginal & has had his poetry published. Mr Newlin’s Ms Milgate was appointed as a member- Torres Strait Islander Corp. Mr Wright is a involvement in Aboriginal affairs spans director of the company in September past chairperson of the Sydney/Newcastle almost half a century and he sits on 2007. She is an Aboriginal woman from Non-Member Directors Regional Aboriginal Land Council and numerous boards including membership of the Kamilaroi and Wiradjuri clans of served as a Councillor for the Many Rivers the NSW/ACT Aboriginal Legal Service and NSW. Ms Milgate is currently employed Frank Fischl Terry Lawler Leah Armstrong ATSIC Regional Council for 15 years and the Campbelltown City Council Aboriginal as a researcher for the Australian Council Mr Fischl was appointed as a non Mr Lawler was appointed as a non member Ms Armstrong was appointed as a as an ATSIC Commissioner for one three Advisory Committee. His tireless efforts on for Educational Research. She has an member director of the company in director of the company in November non member director of the company year term. His portfolio includes sports, behalf of the Aboriginal community were undergraduate and post graduate degree December 2004 and is a chartered 2003. He is a founder and Managing in September 2006. Ms Armstrong is youth, elders and disability. recognised in 2006 when he received in marketing and management and a accountant with a Bachelor of Commerce Director of the Lawler Partners Group which the Executive Director of the Yarnteen the Campbelltown City Council Heritage teaching degree in higher education. Ms (UNSW) degree. He has been a fellow of provides specialist skills to strategically Aboriginal and Torres Strait Islanders Eddie Briggs Award. He is also a Justice of the Peace Milgate’s strong background in marketing the Institute of Chartered Accountants in value add, strengthen and improve client’s Corporation. She has a long standing Mr Briggs was appointed as a member- and a Living Book for the Campbelltown and education has helped her contribute Australia since 1990 and is a member of businesses. Mr Lawler has a Bachelor of involvement with the corporation, being director of the board of the company in Library, and works with detainees of Long widely to the community through programs their Professional Conduct Tribunal. Mr Commerce and is a fellow of the Institute of a founding director and employee upon October 2002. He is a director of the Bay jail as an Aboriginal Elder. that include projects that educate and Fischl is a retired partner of accounting Chartered Accountants of Australia, fellow the corporation’s inception in 1992. A Kamilaroi Aboriginal Housing Corporation inform parents of Aboriginal children with firm PricewaterhouseCoopers, having of the Australian Institute of Company leading role in the promotion of business and is a former national committee disabilities, promotion and motivation of been with them for 32 years. He was Directors, fellow of the Australian Institute women in the Indigenous community member of the Aboriginal Medical Health Indigenous students, and coordination formerly registered as a liquidator and of Management, registered tax agent and has seen Ms Armstrong appointed to a and Research Association and the of several projects that promote social company auditor. company auditor. He is a former Hunter number of directorships and committees Northern Tablelands Region Aboriginal awareness in the community. Ms Milgate Region Businessperson of the Year and including her appointment on Indigenous Land Council. Mr Briggs has a long contributes to programs and policies at widely recognised for his expertise in his Business Australia in 2001, Chair of the and distinguished career in Aboriginal local, state and national levels that make chosen profession. Mr Lawler’s dedication to Aboriginal Business Roundtable NSW affairs and has been recognised by the a difference and improve outcomes for community service is reflected in his service (2002-2004), and a member of the community for his efforts in advancing Indigenous people. on national, state and local boards providing NSW Board of Vocational Education and Aboriginal issues. business, internal audit, operational and Training (2003-2005). Ms Armstrong strategic advice. resigned on 22 June 2009 due to her other work commitments.

Directors’ Report 45 | 46 Financial Financial Statements Statements For the Year Ended 30 June 2009 For the Year Ended 30 June 2009 Directors’ Report Auditor’s Independence Declaration under Section 307C of the Corporations Act 2001

Meetings of Directors Proceedings on Behalf I declare that, to the best of my knowledge and belief, during the year ended 30 June 2009 there have been: During the financial year, 11 meetings of directors (including committees of directors) of Company were held. Attendances by each director during the year were as follows: No person has applied for leave of Court to .i. no contraventions of the auditor independence bring proceedings on behalf of the company requirements as set out in the Corporations or intervene in any proceedings to which the Act 2001 in relation to the audit; and company is a party for the purpose of taking .ii. no contraventions of any applicable code of Audit and Compliance People, Performance and responsibility on behalf of the company for professional conduct in relation to the audit. Directors’ Meetings Committee Meetings Members’ Meetings Nomination Committee Meetings all or any part of those proceedings. Eligible to Number Eligible to Number Eligible to Number Eligible to Number The company was not a party to any such attend attended attend attended attend attended attend attended proceedings during the year. Member Directors Signed in accordance with a resolution Economos Chartered Accountants Michael Bell 6 5 - - 2 2 1 1 of the Board of Directors: Jim Wright 6 6 - - 2 2 - - Director Eddie Briggs 6 6 - - 2 1 1 1 Allan Lamb 6 4 2 1 2 2 - - George T. Venardos, FCA Partner and Registered Company Auditor Norm Newlin 6 6 - - 2 2 1 1 Matilda House 6 4 2 2 2 1 - - Dated at Sydney Gina Milgate 6 3 - - 2 1 - - Michael Bell this 30th day of September 2009 Chairperson Anthony Ashby 6 6 2 2 2 2 - - Dated at Sydney Non-Member Directors this 30th day of September 2009 Frank Fischl 6 6 - - 2 2 - - Terry Lawler 6 3 - - 2 1 - - Leah Armstrong 6 4 - - 2 - - -

Indemnification andI nsurance As provided under the company’s Constitution, the company indemnifies directors and officers for any loss arising from any claim by reason of any wrongful act committed by them in their capacity as directors and officers of the company unless the liability arises out of conduct involving a lack of good faith. The company has paid premiums for directors and officers liability insurance in respect of directors and executive officers of the company as permitted by the Corporations Law.

Directors’ Report | Auditor’s Independence Declaration 47 | 48 Financial Financial Statements Statements For the Year Ended 30 June 2009 For the Year Ended 30 June 2009 Income Statement Balance Sheet For the Year Ended 30 June 2009 30 June 2009

Note 2009 2008 Note 2009 2008 $ $ $ $ ASSETS Revenue 3 4,165,126 4,201,334 Employee benefits expense 4, 20 (2,231,007) (2,312,995) Current assets Depreciation, amortisation and impairments 4, 7 (164,973) (114,651) Cash and cash equivalents 5, 20 1,167,425 680,301 Provision for doubtful debts - (292,676) Trade and other receivables 6, 20 243,544 122,440 Finance costs (8,030) (7,509) Total current assets 1,410,969 802,741 Operating lease 4 (290,607) (290,112) Gain (loss) on sale of fixed assets 20 4,525 (3,519) Non-current assets Plant and equipment 7 509,176 401,054 Other expenses 4, 20 (1,382,271) (1,336,069) Other financial assets 8, 20 188,077 198,000 Net surplus (deficit) 92,763 (156,197) Total non current assets 697,253 599,054

TOTAL ASSETS 2,108,222 1,401,795

LIABILITIES Current liabilities Trade and other payables 9 923,571 514,560 Borrowings 10 47,520 49,396 Short term provisions 11 464,644 246,086 Total current liabilities 1,435,735 810,042

Non-current liabilities Trade and other payables 9 198,000 198,000 Borrowings 10 49,482 35,714 Long term provisions 11 165,787 191,584 Total non current liabilities 413,269 425,298

TOTAL LIABILITIES 1,849,004 1,235,340

NET ASSETS 259,218 166,455

EQUITY Retained earnings 259,218 166,455

TOTAL EQUITY 259,218 166,455

Income Statement | Balance Sheet 49 | 50 Financial Financial Statements Statements For the Year Ended 30 June 2009 For the Year Ended 30 June 2009 Statement of Cash Flow Recognised Income Statement and Expenditure For the Year Ended 30 June 2009 For the Year Ended 30 June 2009

2009 Note 2009 2008 Retained Earnings $ $ $ Balance at 1 July 2008 166,455 Cash flow from operating activities: Net surplus for the year 92,763 Receipts of grants and other non-interest income 4,274,134 3,811,927 Payments to suppliers and employees (3,593,840) (3,804,492) Balance at 30 June 2009 259,218 Interest received 3 71,538 46,544 Finance costs (8,030) (7,509) 2008 Net cash flow provided by operating activities 17 743,802 46,470 Retained Earnings $

Balance at 1 July 2007 322,652 Cash flow from operating activities: Net deficit for the year (156,197) Proceeds from sale of plant and equipment 15,455 17,727 Balance at 30 June 2008 166,455 Payments for purchases of plant and equipment (216,203) (8,948) Net cash (used in) provided by investing activities (200,748) 8,779

Cash flows from financing activities: Receipt of rental bond guarantee - 198,000 Repayment of borrowings (55,930) (46,974) Net cash (used in) provided by financing activities (55,930) 151,026

Net increase in cash held 487,124 206,275 Cash at beginning of financial year 680,301 474,026 Cash at end of financial year 5 1,167,425 680,301

Statement of Recognised Income and Expenditure | Cash Flow Statement 51 | 52 Financial Statements For the Year Ended 30 June 2009 Notes to the Financial Statements For the Year Ended 30 June 2009

1. Summary of Significant (a) General Information (c) Revenue and Other Income Depreciation (f) Leases Accounting Policies The financial report is for NTSCORP Revenue from the sale of services is recognised The depreciable amount of all fixed assets Leases of fixed assets, where substantially as an individual entity, incorporated and upon the delivery of services to clients. including capitalised leased assets is all the risks and benefits incidental to the domiciled in Australia. NTSCORP is a depreciated on a straight line basis over ownership of the asset, but not the legal Grant revenue is recognised in the income company limited by guarantee. the asset’s useful life to the company ownership that are transferred to the company, statement when it is received unless there commencing from the time the asset are classified as finance leases. are conditions attached to its use. In those is held ready for use. (b) Basis of Preparation circumstances it is recognised in the balance Finance leases are capitalised by recording an The financial report is a general purpose sheet as a liability until such conditions are The depreciation rates used for each class asset and a liability at the lower of the amounts financial report that has been prepared met or the services are provided. of depreciable assets are: equal to the fair value of the leased property in accordance with Australian Accounting or the present value of the minimum lease Interest revenue is recognised on a Standards, Australian Accounting Class of Fixed Asset payments, including any guaranteed residual proportional basis taking into account the Interpretations, other authoritative values. Lease payments are allocated between interest rates applicable to the financial assets. Furniture and Fittings 10.00% pronouncements of the Australian the reduction of the lease liability and the lease Accounting Standards Board and All revenue is stated net of the amount of Motor Vehicles 12.50% interest expense for the period. the Corporations Act 2001. goods and services tax (GST). Office Equipment 20.00% Leased assets are amortised on a straight line Australian Accounting Standards set out Computer Equipment 33.33% basis over their estimated useful lives where it is accounting policies that the AASB has (d) Income Taxes Leased Motor Vehicles 12.50% likely that the company will obtain ownership of concluded would result in a financial report NTSCORP is for income tax purposes, a the asset or over the term of the lease. containing relevant and reliable information public benevolent institution. Its income Lease payments for operating leases, where about transactions, events and conditions therefore is exempt from income tax under The assets’ residual values and useful lives substantially all of the risks and benefits remain to which they apply. Compliance with Subdivision 50 B of the Income Tax are reviewed, and adjusted if appropriate, with the lessor, are charged as expenses in the Australian Accounting Standards ensures Assessment Act 1997. at each balance sheet date. periods in which they are incurred. that the financial statements and notes An asset’s carrying amount is written down also comply with International Financial (e) Plant and Equipment immediately to its recoverable amount if the Lease incentives under operating leases are Reporting Standards. Material accounting recognised as a liability and amortised on a Each class of plant and equipment is carried asset’s carrying amount is greater than its policies adopted in the preparation of this estimated recoverable amount. straight line basis over the life of the lease term. financial report are presented below. They at cost or fair value as indicated less, where have been consistently applied unless applicable, any accumulated depreciation Gains and losses on disposals are determined otherwise stated. and impairment losses. by comparing proceeds with the carrying amount. These gains and losses are included The financial report has been prepared The carrying amount of plant and equipment is reviewed annually by directors to ensure in the income statement. When revalued on an accruals basis and is based on assets are sold, amounts included in the historical costs modified, where applicable, it is not in excess of the recoverable amount from these assets. The recoverable amount revaluation reserve relating to that asset are by the measurement at fair value of selected transferred to retained earnings. non current assets, financial assets and is assessed on the basis of the expected financial liabilities. net cash flows that will be received from the assets employment and subsequent disposal. The expected net cash flows have been discounted to their present values in determining recoverable amounts. Subsequent costs are included in the asset’s carrying amount or recognised as a separate asset, as appropriate, only when it is probable that future economic benefits associated with the item will flow to the company and the cost of the item can be measured reliably. All other repairs and maintenance are charged to the income statement during the financial period in which they are incurred.

Notes to the Financial Statements 53 | 54 Financial Statements For the Year Ended 30 June 2009 Notes to the Financial Statements For the Year Ended 30 June 2009

(g) Financial Instruments (h) Impairment of Assets (j) Employee Benefits (l) Borrowing Costs (o) Comparatives At each reporting date, the company Provision is made for the company’s Borrowing costs directly attributable to When required by Accounting Standards, Recognition and Initial Classification and reviews the carrying values of its tangible liability for employee benefits for wages the acquisition, construction or production comparative figures have been adjusted to Subsequent Measurement and intangible assets to determine whether and salaries including non monetary of assets that necessarily take a substantial conform to changes in presentation for the Measurement there is any indication that those assets benefits, leave loading, annual leave, period of time to prepare for their intended current financial year. Financial instruments, incorporating Loans and Receivables have been impaired. If such an indication long service leave and accumulating sick use or sale, are added to the cost of those financial assets and financial liabilities, Loans and receivables are non derivative exists, the recoverable amount of the leave arising from services rendered by assets, until such time as the assets are (p) Critical Accounting are recognised when the entity becomes financial assets with fixed or determinable asset, being the higher of the asset’s fair employees to balance date. Employee substantially ready for their intended use a party to the contractual provisions of payments that are not quoted in an active value less costs to sell and value in use, is benefits that are expected to be settled or sale. Estimates and Judgments the instruments. Trade date accounting market and are stated at amortised cost compared to the asset’s carrying value. Any within one year have been measured at The directors evaluate estimates and All other borrowing costs are recognised in is adopted for financial assets that are using the effective interest rate method. excess of the asset’s carrying value over the amounts expected to be paid when judgments incorporated into the financial the income statement in the period in which delivered within timeframes established its recoverable amount is expensed to the the liability is settled, plus related on costs. report based on historical knowledge they are incurred. by marketplace convention. Financial Liabilities income statement. Employee benefits payable later than one and best available current information. Non derivative financial liabilities are year have been measured at present value Estimates assume a reasonable expectation Financial instruments are initially measured Where the future economic benefits of the recognised at amortised cost, comprising of the estimated future cash outflows to be (m) Cash and Cash Equivalents of future events and based on current at fair value plus transactions costs where asset are not primarily dependent upon the original debt less principal payments and made for those benefits. Consideration is Cash and cash equivalents include cash trends and economic data, obtained both the instrument is not classified as at fair asset’s ability to generate net cash inflows amortisation. given to expected future wage and salary on hand, deposits held at call with banks, externally and within the company. value through profit or loss. Transaction and when the entity would, if deprived levels, experience of employee departures, other short term highly liquid investments costs related to instruments classified as at by the asset, replace its remaining future Fair Value and periods of service. Expected future with original maturities of three months or fair value through profit or loss are expensed economic benefits, value in use is the Key Estimates - Impairment Fair value is determined based on current payments are discounted using market less, and bank overdrafts. Bank overdrafts to profit or loss immediately. Financial depreciated replacement cost of an asset. bid prices for all quoted investments. yields at the reporting date on national are shown within short term borrowings in The company assesses impairment at each instruments are classified and measured Valuation techniques are applied to Where it is not possible to estimate the government bonds with terms to maturity current liabilities on the balance sheet. reporting date by evaluating conditions as set out below. determine fair value for all unlisted recoverable amount of an individual asset, that match as closely as possible the specific to the company that may lead to securities, including recent arm’s the company estimates the recoverable estimated future cash flows. (n) Goods and Services impairment of assets. Where an impairment Derecognition length transactions, reference to similar amount of the cash generating unit to which trigger exists, the recoverable amount Contributions are made by the company to of the asset is determined. Value in use Financial assets are derecognised where instruments and option pricing models. the asset belongs. Tax (GST) an employee superannuation fund and are calculations performed in assessing the contractual rights to receipt of cash flows Revenues, expenses and assets are charged as expenses when incurred. recoverable amounts incorporate a number expires or the asset is transferred to another Impairment recognised net of the amount of GST, except of key estimates. party whereby the entity no longer has any At each reporting date, the company (i) Unexpended Grants where the amount of GST incurred is not assesses whether there is objective evidence (k) Provisions recoverable from the Australian Taxation significant continuing involvement in the The company receives grant monies to that a financial instrument has been Provisions are recognised when the Office. In these circumstances the GST is Key Judgments risks and benefits associated with the asset. fund projects either for contracted periods impaired. In the case of available for sale company has a legal or constructive recognised as part of the cost of acquisition - Provision for Impairment of Receivables Financial liabilities are derecognised where of time or for specific projects irrespective financial instruments, a prolonged decline obligation, as a result of past events, for of the asset or as part of an item of the the related obligations are either discharged, of the period of time to complete those Provision for impairment of receivables is in the value of the instrument is considered which it is probable that an outflow of expense. Receivables and payables in the cancelled or expire. The difference between projects. It is the policy of the company to maintained at a level considered adequate to determine whether an impairment has economic benefits will result and that balance sheet are shown inclusive of GST. the carrying value of the financial liability treat grant monies as unexpended grants to provide for potentially uncollectible extinguished or transferred to another party arisen. Impairment losses are recognised in outflow can be reliably measured. in the balance sheet where the company is Cash flows are presented in the cash flow receivables. The level of allowance is based and the fair value of consideration paid, the income statement. contractually obliged to provide the services statement on a gross basis, except for the on past collection experience and other including the transfer of non cash assets in a subsequent financial period to when GST component of investing and financing factors that may affect collectability. An or liabilities assumed is recognised in profit the grant is received or in the case of a activities, which are disclosed as operating evaluation of the receivables, designed or loss. specific project grant where the project has cash flows. to identify potential charges to the not been completed. allowance, is performed on a continuous basis throughout the year. The amount and timing of recorded expenses for any period would therefore differ based on the judgments or estimates made.

Notes to the Financial Statements 55 | 56 Financial Statements For the Year Ended 30 June 2009 Notes to the Financial Statements For the Year Ended 30 June 2009

Note 2009 2008 Note 2009 2008 $ $ $ $ 2. Economic Dependence 3. Revenue 5. Cash and Cash Equivalents NTSCORP is dependent on the Operating grants 3,521,072 3,396,881 Cash on hand 200 300 Department of Families, Housing, Other grants – new premises 180,000 200,000 Cash at bank 467,225 166,711 Community Services and Indigenous Affairs (FaHCSIA) for the majority Other grants 83,795 - Short term bank deposits 700,000 513,290 of its revenue used to operate the Activity generated income 8,954 279,152 20 1,167,425 680,301 business. Non-activity generated income 180,691 - NTSCORP is funded to perform the Interest received on cash at hand and bank deposits 71,538 46,544 Cash at bank earns interest at floating rates based on daily deposit rates. Short-term functions of a NTRB pursuant to the deposits are made for varying periods of between one day and 3 months, depending Costs recovered 2,621 178,757 Native Titles Act 1993. It is dependent on the company’s cash requirements. These deposits earn interest at market rates. on the continuing provision of these Other revenue 116,455 100,000 The company’s exposure to interest rate risk and sensitivity analysis for financial assets funds for its existence and ability to Cash at end of financial year 4,165,126 4,201,334 and liabilities are disclosed in Note 18. carry out its normal activities. The funding conditions of NTSCORP are laid down by the Native Titles Act and subject to the General Terms and 4. Expenses Conditions Relating to Native Title Program Funding Agreements. Depreciation, Amortisation and Impairments Note 2009 2008 At the date of this report, the Board Furniture and fittings 24,294 20,037 $ $ of Directors has no reason to believe Motor vehicles 30,966 27,689 6. Trade and Other Receivables that FaHCSIA will not continue to Current Office equipment 6,929 12,222 support NTSCORP. Trade receivables 152,778 391,408 Computer equipment 31,159 33,658 Provision for impairment of receivables 6A (10,818) (340,094) Leased motor vehicles 18,829 21,045 141,960 51,314 Total depreciation and amortisation 7 112,177 114,651 Employee costs in advance 1,692 625 Impairment of plant and equipment 7 52,796 - Prepayments 20 27,240 24,637 Total depreciation, amortisation and impairments 164,973 114,651 Deposits 45,482 45,482 Total employee benefits expense 20 2,231,007 2,312,995 GST receivable 26,930 - Operating Lease Expense on: Other receivables 240 382 Premises - contractual amounts 258,904 238,742 243,544 122,440 Equipment 31,703 51,370 (a) Movement in Provision for 290,607 290,112 Impairment of Receivables Other Expenses Balance at the beginning of the year 340,094 16,500 Remuneration of auditor: Charge for the year - 340,094 Auditing or reviewing the current year financial report 30,000 24,554 Recoveries - (16,500) Auditing or reviewing the prior year financial report 3,276 - Applied against trade receivables (329,276) - 33,276 24,554 Balance at the end of the year 10,818 340,094 Travel expenses 108,477 138,362 External consultants and meeting expenses 612,881 554,492 The company’s exposure to credit risk and impairment losses related to trade debtors and other receivables is disclosed in Note 18. liabilities ar Insurance 102,808 118,430 Other 524,829 500,231 1,382,271 1,336,069

Notes to the Financial Statements 57 | 58 Financial Statements For the Year Ended 30 June 2009 Notes to the Financial Statements For the Year Ended 30 June 2009

Note 2009 2008 Movements in Carrying Amounts

$ $ Movement in the carrying amount for each class of property, plant and 7. Plant and Equipment equipment between the beginning and the end of the current financial year: Furniture and Fittings Furniture Motor Office Computer Leased Motor Leasehold At cost 85,973 201,312 and Fittings Vehicles Equipment Equipment Vehicles Improvements Total Less accumulated depreciation (46,160) (84,409) $ $ $ $ $ $ $ 39,813 116,903 Current Year Balance at the beginning of year 116,903 111,259 13,262 54,864 80,766 24,000 401,054 Motor Vehicles Additions - 97,948 47,516 77,425 61,136 - 284,025 At cost 291,233 204,437 Impairment (52,796) - - - - - (52,796) Less accumulated depreciation (90,993) (93,178) Disposals - (10,930) - - - - (10,930) 200,240 111,259 Transfers 32,929 - - (32,929) - - Office Equipment Depreciation (24,294) (30,966) (6,929) (31,159) (18,829) - (112,177) At cost 130,913 83,398 Carrying amount at the end of year 39,813 200,240 53,849 101,130 90,144 24,000 509,176 Less accumulated depreciation (77,064) (70,136) Prior Year 53,849 13,262 Balance at the beginning of year 136,940 160,194 25,484 78,732 101,811 - 503,161 Computer Equipment Additions - - - 9,790 - 24,000 33,790 At cost 338,223 260,798 Impairment - (21,246) - - - - (21,246) Less accumulated depreciation (237,093) (205,934) Disposals (20,037) (27,689) (12,222) (33,658) (21,045) - (114,651) 101,130 54,864 Transfers 116,903 111,259 13,262 54,864 80,766 24,000 401,054 Depreciation (24,294) (30,966) (6,929) (31,159) (18,829) - (112,177) Leased Motor Vehicles Carrying amount at the end of year 39,813 200,240 53,849 101,130 90,144 24,000 509,176 At cost 113,708 120,041 Less accumulated depreciation (23,564) (39,275) 90,144 80,766

Leasehold Improvements

At cost 24,000 24,000 Note 2009 2008 24,000 24,000 $ $ 8. Other Financial Assets Total plant and equipment 509,176 401,054 Non Current Leased motor vehicles are under finance lease and hire purchase agreements. Rental bond term deposit 188,077 198,000 The leased equipment secures the obligations under the leases, refer to Note 12. Leasehold improvements have not been amortised as the new premises are still under The company’s exposure to interest rate risk and sensitivity analysis for financial assets construction as at 30 June 2009. NTSCORP is anticipating moving to the new premises and liabilities are disclosed in Note 18. in March 2010.

Notes to the Financial Statements 59 | 60 Financial Statements For the Year Ended 30 June 2009 Notes to the Financial Statements For the Year Ended 30 June 2009

Note 2009 2008 Long Service $ $ Annual Leave Leave Loading Sick Leave Leave Total 9. Trade and Other Payables $ $ $ $ $ 11. Provisions Current Current Year Trade payables 301,546 77,340 Accrued employee entitlements 57,572 80,835 Opening balance at 1 July 2008 158,990 24,684 117,069 136,927 437,670 Sundry payables and accrued expenses 127,182 173,421 Additional provisions raised during the year 130,700 26,012 62,411 66,893 286,016 GST payable - 6,964 Amounts used (52,386) (9,168) (31,701) - (93,255) Unexpended grants 437,271 176,000 Balance at 30 June 2009 237,304 41,528 147,779 203,820 630,431

923,571 514,560 Prior Year Non Current Opening balance at 1 July 2007 107,091 17,245 99,941 83,429 307,706 Rental bond guarantee 198,000 198,000 Additional provisions raised during the year 107,621 20,821 43,323 53,498 225,263 Amounts used (55,722) (13,382) (26,195) - (95,299)

Unexpended grants represent funds received for the fit-out of the new premises $356,000 Balance at 30 June 2008 158,990 24,684 117,069 136,927 437,670 (2008: 176,000) and the acquisition of other assets $81,271 (2008: Nil). Rental bond guarantee is secured by the rental bond term deposit. The company’s exposure to liquidity risks related to trade creditors and other payables is disclosed in Note 18. Note 2009 2008 $ $ Analysis of Total Provisions Current 464,644 246,086 Note 2009 2008 Non current 165,787 191,584 $ $ 10. Borrowings 630,431 437,670 Current Finance lease obligation 47,520 49,396 Provision for Employee Benefits A provision has been recognised for employee entitlements relating to annual leave, sick Non Current leave, leave loading and long service leave for employees. In calculating the present value of Finance lease obligation 49,482 35,714 future cash flows in respect of long service leave, the probability of long service leave being taken is based upon historical data. The measurement and recognition criteria for employee Rental bond guarantee 12(a) 97,002 85,110 benefits have been included in Note 1 (j) to this report.

Finance lease obligations are secured by the underlying leased assets.

Notes to the Financial Statements 61 | 62 Financial Statements For the Year Ended 30 June 2009 Notes to the Financial Statements For the Year Ended 30 June 2009

Note 2009 2008 15. Related Parties and Related Party Transactions $ $ (a) Directors 12. Capital and Leasing Commitments Directors of the company in office during the year are disclosed in the directors’ report that accompanies these financial statements. (a) Finance Lease Commitments (b) Directors’ Compensation Payable - minimum lease payments The directors act in an honorary capacity and receive no compensation for their services. Travel expenses incurred by the directors in fulfilling their role are however, reimbursed. - not later than 12 months 53,103 52,660 (c) Key Management Personnel (KMP) Compensations - between 12 months and 5 years 51,754 36,788 Those persons having authority for planning, directing and controlling the company’s Minimum lease payments 104,857 89,448 activities, directly or indirectly, are: Less future finance charges 7,855 4,338 2009 2008 Total Lease Liability 10 97,002 85,110 $ $ (b) Operating Lease Commitments Warren Mundine Chief Executive Officer Non cancellable operating leases contracted Allan Barraza Chief Financial Officer for but not capitalised in the financial statements Ken Lum Head of Operations (KMP from July 2008) Payable - minimum lease payments Damien Bidjara-Barnes General Counsel (KMP from July 2008) - not later than 12 months 151,739 275,022 Short term employee benefits 588,440 291,193 - between 12 months and 5 years 2,686 118,147 Long term employee benefits 13,259 5,782 Total Lease Liability 154,425 393,169 Post employment benefits 45,919 23,167

For more information 647,618 320,142 about the company’s exposure to interest rate and liquidity risk, refer to Note 18.

13. Capital Management 14. Members’ Guarantee 16. Segment Reporting The Executive Team of the entity in consultation with the Board of Directors control the capital The company is limited by guarantee. NTSCORP provides professional services of the entity in order to maintain a conservative debt to equity ratio and to ensure that the entity If the company is wound up, the to assist Aboriginal people in New South can fund its operations and continue as a going concern. Constitution states that each member is Wales and the Australian Capital Territory to required to contribute a maximum of $10 exercise their legal rights under the Native The entity’s debt and capital includes financial liabilities, supported by financial assets. each towards any outstanding obligations Title Act 1993. NTSCORP operates out of There are no externally imposed capital requirements. of the company. At 30 June 2009 the the head office in Redfern, Sydney and its number of members was 8 (2008: 8). regional offices in Coffs Harbour and Dubbo. The Board of Directors effectively manage the entity’s capital by assessing the entity’s Due to staff shortage, the Dubbo office financial risks and adjusting its capital structure in response to changes in these risks closed on 30 November 2008. and in the market. These responses include the management of debt levels. There have been no changes in the strategy adopted by management to control the capital of the entity since the prior year. This strategy is to ensure that there is sufficient cash to meet trade and other payables and borrowings.

Notes to the Financial Statements 63 | 64 Financial Statements For the Year Ended 30 June 2009 Notes to the Financial Statements For the Year Ended 30 June 2009

Financial Risk Exposures Interest Rate Risk 17. Cash Flow Information 2009 2008 and Management Interest rate risk refers to the risk that the value of financial instruments or cash flows associated with the instrument will fluctuate due to changes in market interest rates. Reconciliation of Cash Flow from Operations $ $ The main risks the company is exposed to with Net Surplus (Deficit) through its financial instruments are interest The company is exposed to interest rate fluctuations on its cash at bank and short-term Net surplus (deficit) for the year 92,763 (156,197) rate risk, liquidity risk and credit risk. deposits. It does not have a material risk in relation to its interest bearing liabilities. The company actively monitors interest rates for cash at bank and deposits to maximise Non cash flows (a) Liquidity risk interest income. Depreciation, amortisation and impairments 164,973 114,651 Liquidity risk arises from the possibility that the company might encounter difficulty in The following table summarises the interest rate profile of the company’s interest bearing Net loss (gain) on disposal of plant and equipment (4,525) 3,519 settling its debts or otherwise meeting its financial instruments: Employee entitlements 192,761 129,964 obligations related to financial liabilities. Doubtful debts - 292,676 The company manages liquidity risk by Note 2009 2008 monitoring forecast cash flows. $ $ Changes in assets and liabilities The maturity analysis of the company’s Fixed Rate Instruments (Increase)/decrease in trade receivables (90,646) (320,863) finance lease liabilities is disclosed in Note 12. Borrowings 10 97,002 85,110 (Increase)/decrease in other assets (20,535) (84,196) (b) Credit risk Increase/(decrease) in trade and other payables 409,011 66,916 The maximum exposure to credit risk, 97,002 85,110 excluding the value of any collateral or other 743,802 46,470 security, at balance sheet date to recognised Variable Rate Instruments financial assets, is the carrying amount, net of any provisions for impairment of those Cash at bank 5 467,225 166,711 assets, as disclosed in the balance sheet Short-term bank deposits 5 700,000 513,290 and notes to the financial statements. 18. Financial Risk Management Other financial assets 8 188,077 198,000 The company’s financial instruments consist mainly of deposits with banks, short term The company does not have any material investment, and finance lease liabilities. credit risk exposure to any single receivable 1,355,302 878,001 or group of receivables under financial The totals for each category of financial instruments, measured in accordance with AASB instruments entered into by the company. 139 as detailed in the accounting policies to these financial statements, are as follows: Sensitivity Analysis The movement in the allowance for A change of 100 basis points or one percent in interest rates at the reporting date would, impairment of trade and other receivables Note 2009 2008 with all other variables held constant, have increased or decreased the company’s surplus during the year is disclosed in Note 6. $ $ and funds by the amounts shown below. The one percent assumption has been determined (c) Market risk to be a reasonably possible movement in interest rates over a 12 month period based on Financial Assets Market price risk is the risk that changes information from various financial institutions, review of movements over the last two years, Cash and cash equivalents 5 1,167,425 680,301 in market prices such as foreign exchange and economic forecaster’s expectations. rates, interest rates and equity prices will Loans and receivables 6 243,544 122,440 affect the company’s income or the value of Surplus Funds Other financial assets 8 188,077 198,000 the holdings of financial instruments. The 1% increase 1% (decrease) 1% increase 1% (decrease) company is only exposed to fluctuations Financial Liabilities in interest rates as it does not have any Variable rate instruments 13,553 (13,553) 13,553 (13,553) financial instruments denominated in foreign Trade and other payables 9 486,300 338,560 currency or any financial instruments based Borrowings 10 97,002 85,110 on market values. Fair Values The carrying amounts of cash and cash equivalents, receivables, payables and lease liabilities represent their net fair values, as determined in accordance with the accounting policies disclosed in Note 1 to the financial statements.

Notes to the Financial Statements 65 | 66 Financial Statements For the Year Ended 30 June 2009 Notes to the Financial Statements For the Year Ended 30 June 2009

19. Contingent Liabilities 20. Comparative Figures 21. New Accounting Standards for Application 23. Company Details and Contingent Assets Reclassified to conform with current year in Future Periods Registered office The Company is expecting to move to new Certain comparative figures have been reclassified to conform with the current year’s The AASB has issued new, revised and amended standards and premises in March 2010, accordingly, financial statements presentation in accordance with AASB 101: Presentation of interpretations that have mandatory application dates for future The registered office of the company is: make good expenses have to be incurred Financial Statements. reporting periods. The company has decided against early adoption in the future to restore the current of these standards. A discussion of those future requirements and NTSCORP Limited premises. No make good provision was Note 2008 their impact to the company is as follows: Suites 9 & 15 245 Chalmers Street recorded in the books as the directors do • AASB 101: $ Redfern NSW 2016 not have any best estimate available as at Presentation of Financial Statements, AASB 2007-8: Amendments the date of this report. Rental bond term deposit (previously classified under cash 5, 8 198,000 to Australian Accounting Standard arising from AASB 101, and and cash equivalent) to Other assets AASB 2007-10: Further Amendments to Australian Accounting Other expenses to employee benefit expense 4 104,914 Standard arising from AASB 101 (all applicable to annual Other expenses to operating leases 4 238,742 reporting periods commencing from 1 January 2009). The revised AASB 101 and amendments supersede the previous AASB 101 Other expenses to gain (loss) on sale of fixed assets 3,519 and redefines the composition of financial statements including Other current assets to trade and other receivables 6 24,637 the inclusion of a statement of comprehensive income. There will be no measurement or recognition impact on the company. If an entity has made a prior period adjustment or reclassification, a third balance sheet as at the beginning of the comparative period will be required. • AASB 123: Borrowing Costs and AASB 2007-6: Amendments to Australian Accounting Standards arising from AASB 123 [AASB1, AASB 101, AASB 107, AASB 111, AASB 116 and AASB 138 and interpretations 1 and 12] (applicable for annual reporting periods commencing from 1 January 2009). The revised AASB 123 has removed the option to expense all borrowing costs and will therefore require the capitalisation of all borrowing costs directly attributable to the acquisition construction or production of a qualifying asset. Management has determined that there will be no effect on the company as a policy of capitalising qualifying borrowing costs has been maintained by the company.

22. Events After the Balance Sheet Date No matters or circumstances have arisen since the end of the financial year which significantly or may significantly affect the operations of the company, the results of those operations or the state of affairs of the company in subsequent financial years.

Notes to the Financial Statements 67 | 68 Financial Financial Statements Statements For the Year Ended 30 June 2009 For the Year Ended 30 June 2009 Directors’ Independent Declaration Audit Report to the members of NTSCORP Limited

The directors of the company declare that: Report on the Financial Report We have audited the accompanying financial report of NTSCORP Limited, which comprises the balance sheet as at 30 June 2009, and 1. The financial statements and notes, 2. In the directors’ opinion, there are the income statement, statement of recognised income and expenditure and cash flow statement for the year ended that date, a summary as set out on pages 8 to 30, are in reasonable grounds to believe that the of significant accounting policies, other explanatory notes and the directors’ declaration. accordance with the Corporations Act company will be able to pay its debts as 2001 and: and when they become due and payable. (a) comply with the Australian Directors’ Responsibility for the Financial Report Accounting Standards; and This declaration is made in accordance with The directors of the company are responsible for the preparation and fair presentation of the financial report in accordance with Australian a resolution of the Board of Directors. (b) give a true and fair view of the Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Act 2001. This responsibility includes: financial position as at 30 June designing, implementing and maintaining internal control relevant to the preparation and fair presentation of the financial report that is free Director 2009 and of the performance from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting for the year ended on that date estimates that are reasonable in the circumstances. of the company; 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 Michael Bell plan and perform the audit to obtain reasonable assurance whether the financial report is free from material misstatement. Chairperson 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 judgement, including the assessment of the risks of material misstatement of the financial report, whether Dated at Sydney due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the company’s preparation and this 30th day of September 2009 fair presentation of the financial report in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the directors, as well as evaluating the overall presentation of the financial report. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Independence Auditor’s Opinion In conducting our audit, we have complied In our opinion, the financial report present with the independence requirements of the fairly, in all material respects, the financial Corporations Act 2001. We confirm that position of NTSCORP Limited as at the independence declaration required by 30 June 2009, and its financial the Corporations Act 2001, provided to the performance and cash flows for the directors of NTSCORP Limited on year then ended in accordance with the 4 June 2009 would be in the same terms Corporations Act 2001 and the Australian if provided to the directors as at the date of Accounting Standards (including this auditor’s report. Australian Accounting Interpretations).

Economos Chartered Accountants

George T. Venardos, FCA Partner and Registered Company Auditor

Dated at Sydney this 30th day of September 2009

Notes to the Financial Statements 69 | 70 Financial Financial Statements Statements For the Year Ended 30 June 2009 For the Year Ended 30 June 2009 Disclaimer Detailed Surplus For the Year Ended 30 June 2009 and Deficit Account For the Year Ended 30 June 2009

The additional financial data presented on page 72 is in accordance 2009 2008 2009 2008 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 year ended 30 June 2009. It will be appreciated Income Less: Expenses (continued) that our statutory audit did not cover all details of the additional financial data. Accordingly, we do not express an opinion on such FAHCSIA government grants 3,604,867 3,396,881 Long service leave 66,892 53,498 financial data and we give no warranty of accuracy or reliability in FAHCSIA government grants 180,000 200,000 Motor vehicle expenses 87,303 72,353 respect of the data provided. Neither the firm nor any member or - new premises employee of the firm undertakes responsibility in any way whatsoever Activity generated income 8,954 279,152 Newsletter 2,165 275 to any person (other than NTSCORP Limited) in respect of such data, including any errors of omissions therein however caused. Non-activity generated income 180,691 - Other employee costs 146,110 196,996 Interest income 71,538 46,544 Postage and couriers 10,457 14,276 Donations 5,000 - Costs recovered 2,621 178,757 Printing and stationery 28,452 32,024 Other revenue 111,455 100,000 Rent 258,904 238,742 Economos Chartered Accountants Sydney Total income 4,165,126 4,201,334 Repairs and maintenance 8,697 8,029

Less: Expenses Salaries 1,619,172 1,638,401 Annual report and annual return fees 44,270 8,654 Security costs 3,471 2,814

Advertising 11,139 14,522 Sick leave 32,752 42,061

Auditor’s remuneration 33,276 24,554 Software expenses 6,802 2,569

Annual leave and leave loading 104,923 128,381 Staff training 105,843 87,633

Bad and doubtful debts - 292,676 Staff amenities 22,342 22,274

Bank charges 1,089 1,864 Storage costs 2,554 -

Cleaning and gardening 21,861 22,800 Subscriptions 34,295 32,333

Conference/seminar costs 69,837 89,205 Superannuation contributions 155,314 166,025

Consulting 23,660 26,987 Telephone and fax 67,318 75,779

Depreciation, amortisation and 164,973 114,651 Travel – domestic 108,477 138,362 impairments Workshop expenses 612,881 554,492 Electricity and water 13,611 15,139

Entertainment 15,488 9,787 Total Expenses 4,076,888 4,354,012

Equipment rental 31,703 51,370 Net surplus (deficit) before other items 88,238 (152,678) Finance costs external 8,030 7,509 Other items: Insurance 102,808 118,430 Gain (loss) on disposal of assets 4,525 (3,519)

IT expenses 50,019 48,547 Net surplus (deficit) 92,763 (156,197)

Notes to the Financial Statements 71 | 72