Queensland South Native Title Services ANNUAL REPORT 2016 - 2017 LETTER OF TRANSMITTAL

Senator the Hon Nigel Scullion Minister for Indigenous Affairs Parliament House Canberra ACT 2600

26 October 2017

Dear Minister

We are pleased to present the 2016-17 Annual Report for Queensland South Native Title Services Limited (QSNTS).

This report is provided in accordance with the Australian Government’s Department of the Prime Minister and Cabinet (DPMC) terms and conditions relating to the native title funding agreement under s 203FE(1) of the Native Title Act 1993 (Cth) (NTA). The report includes independently audited financial statements for the financial year ending 30 June 2017.

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

Yours sincerely Chair, Board of Directors Queensland South Native Title Services

Annual Report 2016 – 2017 | i TABLE OF CONTENTS

Letter of Transmittal...... i Table of Contents...... 01 Glossary...... 03 Contact Details...... 04 Board Report...... 05 CEO Report...... 07

QSNTS Overview...... 09 Background...... 10 Legislative Functions...... 11 Strategies and Priorities...... 12 Services Delivered...... 14 Service Delivery Process...... 15 Organisational Structure...... 17 Operational Plan...... 20

Performance Report...... 21 Claim Areas...... 22 Review of Performance...... 23 Outputs 2016-17...... 24 Consent Determinations...... 25 Current Claims...... 25 QSNTS as a Respondent...... 33 Other Litigation...... 33 Research...... 34

01 | Queensland South Native Title Services Native Title Corporations...... 34 Future Acts Activity...... 37 Grant Financial Performance Report...... 38 Organisational Capability...... 39 Advocacy...... 41 Stakeholder Engagement...... 44

Corporate Report...... 46 Governance...... 47 Corporate Governance...... 48 Board Members as at 30 June 2017...... 49 Executive Management...... 51 Planning and Reporting...... 52 Risk Management...... 53 External Scrutiny...... 55

Human Resources Report...... 56 Workforce Planning...... 57 Workforce Profile, Retention and Turnover...... 57 Training and Development...... 58 Enterprise Agreement...... 58 Occupational Health and Safety...... 59 Looking Ahead: Human Resources in 2017-18...... 59

Financial Report...... 60

Annual Report 2016 – 2017 | 02 GLOSSARY

The person or persons authorised by the native title claim group to represent Applicant the group in matters arising under the NTA in relation to the native title determination application.

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

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

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

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

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

CEO Chief Executive Officer CFO Chief Financial Officer DPLO Deputy Principal Legal Officer DPMC Department of the Prime Minister and Cabinet ILUA Indigenous Land Use Agreement IMD Implementation and Management Division MOU Memorandum of Understanding NNTT National Native Title Tribunal NNTC National Native Title Council NTA Native Title Act 1993 (Cth) NTRB Native Title Representative Body NTSP Native Title Service Provider PBC Prescribed Body Corporate PLO Principal Legal Officer QRBA Queensland Representative Body Alliance QSNTS Queensland South Native Title Services RNTBC Registered Native Title Body Corporate

03 | Queensland South Native Title Services CONTACT DETAILS

QSNTS Annual Report Contact Brisbane Media and Communications Coordinator | Jasmin Level 10, 307 Queen Street Michiels PO Box 10832, Adelaide Street Brisbane, Queensland, 4000 Annual Report Photography Photography and artwork sourced from stock or P (07) 3224 1200 | free call 1800 663 693 generously submitted by QSNTS stakeholders F (07) 3229 9880 and staff. E [email protected] W www.qsnts.com.au Cover Artwork Jasmin Michiels and Suckerpunch Design

Rockhampton Design and Layout Level 5B, 34 East Street Suckerpunch Design (Copyright QSNTS 2017) PO Box 46 Rockhampton, Queensland, 4700

P (07) 4921 1090 | free call 1800 663 693 F (07) 4921 1095 E [email protected]

Mount Isa 31-33 Commercial Road PO Box 1948 Mount Isa, Queensland, 4825

P (07) 4743 1322 | free call 1800 663 693 F (07) 4743 1140 E [email protected]

Annual Report 2016 - 2017 | 04 BOARD REPORT Another year has passed and again we reflect on the work undertaken by the dedicated team that makes up QSNTS. I am humbled to have been chosen to sit another year as Chair of such a dedicated Board, and I am also deeply honoured on behalf of the Board of Directors to present the QSNTS 2016-17 Annual Report.

This year’s work began with a QRBA meeting in that is vital in lobbying the Federal Government on Brisbane to commence advocacy for a Schedule issues affecting the native title sector nationwide. of Fees that will bring some consistency around On the current agenda are two very important regulated payments for all our Queensland PBCs items, those being the reviews of the NTA and the for work requested by relevant state departments. Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). The QRBA is a state-wide, coordinated voice that negotiates with the State Government and the At present, QSNTS is currently prosecuting over relevant departments which have jurisdiction within 20 native title claims. The Board congratulates the native title sector. The QRBA meets about three the groups who have contributed to this number times a year or when necessary to address current in this reporting period, many of which have now and emerging issues that affect our collective also achieved registration through the NNTT. These claims areas. This united voice is important not groups include the Kabi Kabi First Nation and only within the native title claims process itself, Kabi Kabi Undambi Area Claim, the but also to consolidate the commitment we have as People, the Mardigan People, the Bailai, Gurang, NTSP/NTRBs to the implementation, development Gooreng Gooreng, Bunda People, the and continued support for the growing number of Quandamooka Coast Claim, the Wangan and Queensland’s PBCs established as the outcome Jagalingou People, the People #4 of the claims process. and the Yuwaalaraay/Euahlayi People.

In addition to its work with the QRBA, QSNTS Many of these claims have been in the research is also a current member of the NNTC, which has and development phase for many years and as conducted a restructure to allow PBCs across such, QSNTS and its clients are very relieved to Australia to become members of a national voice see them finally registered and moving into the next step in their ongoing struggle.

05 | Queensland South Native Title Services occasion, informing us all of the many hours On behalf of the Board, I must also commend of work carried out by many hands across our staff members in Brisbane and our two Queensland to bring the numerous collective regional offices in Mt Isa and Rockhampton, who outcomes we have to date achieved. continuously work long hours and weekends, and travel many thousands of kilometres during the year This reporting period also marks the sixth to maintain momentum and assist our clients in anniversary since the ’s realising their aspirations as Traditional Owners. native title consent determination, the first claim prosecuted by the staff at QSNTS. Now, there are Congratulations is also due to the Implementation 14 positive native title determinations celebrated and Management Division (IMD), which continues within our footprint, and we are creating even more to work steadfastly toward support service delivery milestones with the formation of PBCs. For this, that meets the genuine needs of PBCs in the next I must again reiterate the gratitude we have for phase of their native title journeys. QSNTS engages the hard work and dedication of staff members with PBCs and assists with their endeavours to in assisting Traditional Owners with their native capitalise on native title rights and interests, and title aspirations. advance business that complements the unique cultures, customs and traditions connecting them All of QSNTS’ collective work, including 16 solidly to their country. consent determinations for 14 Traditional Owner groups, over 180 claim-related ILUAs, more than The IMD is crucial to the implementation of the 60 connection reports, seven ongoing research new QSNTS Services catalogue currently in projects and 20 native title claims still to be development with the expert guidance of the Board, prosecuted, has placed QSNTS in prime position which ensures programs are culturally sound with a to welcome with enthusiasm the new and exciting strong governance focus. opportunities of the year to come.

However, the Board also appreciates the many Finally, I am pleased and proud to present the accomplishments attained for clients over the QSNTS 2016-17 Annual Report and I extend my past financial year through the hard work of the personal thanks to the other Directors for their Executive team and the wider QSNTS staff body. many hours of work above and beyond their day jobs that makes our Board successful in our work The celebrations for QSNTS have been small, this together with QSNTS during this reporting period year, but by no means are they any less important in the 2016-17 financial year. to the organisation or to the native title sector at large, particularly in light of this year being the Yours sincerely 25th anniversary of the landmark Mabo #2 case. Colleen Wall Our CEO, Kevin Smith, delivered a comprehensive Chairperson, Board of Directors and inspiring presentation to commemorate the Queensland South Native Title Services

Annual Report 2016 – 2017 | 06 The 2016-17 reporting period covers a year replete with significant milestones and anniversaries in the Indigenous calendar – it marked the 50th anniversary of the historic 1967 constitutional referendum, the 25th anniversary of High Court judgement in Mabo #2, and the release of the Uluru Statement From the Heart.

The common thread of these significant events speak to the strength of Indigenous Peoples, our resolute pursuit of justice in all its manifestations, the quest for self-determination, as well as the desire for a reconciled Australia. These events are also building blocks: 1967 saw Indigenous Peoples made constitutionally visible, 1992 underpinned CEO the legal recognition of our rights to land and waters after many long legal battles, and the Uluru Statement on 26 May 2017 marked the dawn of REPORT a new era based on a fair and truthful relationship with the People of Australia. These are important times for Aboriginal Australia and the entire country!

The native title system is also going through important change, shaped by those national milestones that preceded this point, and steered by Indigenous ambitions to realise broader aspirations that redefine native title as a journey, rather than a destination. In this operating context, QSNTS has redefined its service offerings and way of operating to walk with Traditional Owners on this journey.

This 2016-17 Annual Report highlights some of the key milestones and achievements in a year during which QSNTS went through a transition of its own. QSNTS restructured to ensure that quality services continue to be provided in the claim phase, but also developed new structures and services that make the transition from claim to the post-determination context, seamless. In this latter context, the focus is on supporting PBCs to build strong governance capacity, but also operational proficiency, by utilising tools and practices that can inform good decision-making processes and encourage sustainable management of the Indigenous estate.

Kevin Smith, QSNTS CEO 07 | Queensland South Native Title Services Many of the QSNTS’ new services are a direct tourism-workshop for more detail and the Corporate response to a Client and Stakeholder Satisfaction Report section of this Annual Report), and facilitate Survey undertaken in 2016, as well as changes a dialogue that attempts to harmonise planning in the funding regime that took effect on 1 July and native title laws and processes (see details 2016 and, appropriately, placed a higher emphasis about the ShapingSEQ regional plan in the on PBCs. Performance Report section). Influencing the operating environment to explore broader QSNTS’ challenge was to straddle the high opportunities in tourism and the interface with workload in both pre- and post-determination town planning are but two examples of the shift in phases – a challenge embraced with dedication, thinking around how native title needs to be better innovation and energy. understood and integrated with other industries.

It is noteworthy that four new claims – Yuwaalaraay/ Finally, change is never possible without good Euahlayi, Gamilaraay, Yuggera Ugarpul and Daggan leadership and commitment. I thank the Board Balun – entered the system during this reporting and the QSNTS Management team throughout period, all of which arise from very detailed regional this year of transition, and equally, the staff who research that span several years. I wish those native grappled with change whilst performing their day- title claimants all the very best on this journey. to-day tasks – all for the benefit of the client. Thank you, one and all. QSNTS has embraced innovation in developing a bespoke, Cloud-based agreement database known as Native Title TraKS. This tool will come online later in 2017, but is promising as a very practical tool in managing a range of agreements, and as a tool that will also build operational proficiency. The development of an electronic presence for PBCs by way of the PBC website Kevin Smith project is also set to provide an invaluable Chief Executive Officer (CEO) communication tool. Finally, QSNTS is also Queensland South Native Title Services exploring ways to better utilise and repurpose connection material compiled for applications, beyond the claim process, including for native title group promotion, and for assistance with governance decision-making and dispute resolution.

This financial year saw QSNTS partner with other stakeholders to develop the SEQ Indigenous Tourism Initiative (see http://www.qsnts.com.au/

Annual Report 2016 – 2017 | 08 QSNTS OVERVIEW

09 | Queensland South Native Title Services BACKGROUND In 1992, the High Court of Australia handed down its decision on the historical Mabo and Others v Queensland (No 2) case, overturning the doctrine of terra nullius and paving the way for Aboriginal and Torres Strait Islander Peoples to gain formal recognition of native title rights and interests over their traditional lands and waters. The NTA is the framework built to bring Traditional Owners’ native title ambitions to realisation.

To assist with this endeavour, a network of NTSP/ Following the amalgamation, QSNTS came NTRBs emerged, recognised and funded by the to represent one of Australia’s largest regions Australian Government to perform duties as of responsibility, covering nearly two thirds of assigned under the NTA. Queensland. To maintain strong relationships with Traditional Owners throughout its region, QSNTS has In the years following the establishment of the regional offices in both Mount Isa and Rockhampton, NTA, Traditional Owners in the southern region of in addition to its head office in Brisbane. Queensland were assisted by various organisations, but following a number of legislative amendments QSNTS is governed by a Constitution that confirms and reviews, the Australian Government ceased the company’s objective to provide native title services funding and recognition for those organisations to the Traditional Owners of the land and waters in its on 22 June 2005. The Australian Government then statutory region. QSNTS is funded by the Australian invited QSNTS, registered and limited by guarantee Government represented by the DPMC, and is by the Australian Securities and Investments therefore accountable to the Australian Government Commission on 2 June 2005, to apply for funding for its conduct and expenditure. as the NTSP for the southern region of Queensland, which was granted on 7 July 2005.

In 2008, QSNTS was asked by the Australian Government to extend its region of responsibility to encompass the greater Mount Isa region formerly assisted by the Carpentaria Land Council, as well the area previously assisted by the Gurang Land Council.

Annual Report 2016 – 2017 | 10 or partly within the region are brought to the attention LEGISLATIVE of Native Title Holders and claimants, and relevant information is given to these persons.

FUNCTIONS Section 203BH - Agreement Making QSNTS will participate as a party to ILUAs where As an NTSP, QSNTS performs the full range of appropriate, consulting with and having regard to the statutory services prescribed by the NTA at the interests of native title claimants. request, and for the benefit, of Traditional Owners with native title claims or potential native title claims Section 203BI - Internal Review within the organisation’s region of responsibility. The At the request of clients, QSNTS undertakes internal statutory services provided by QSNTS in accordance reviews of decisions and actions carried out in the with the NTA are as follows: execution of statutory services, in accordance with policies and procedures which govern the internal Section 203BB - Facilitation and Assistance review process. QSNTS conducts the research and preparation of native title applications, and both represents and Section 203BJ - Other Functions facilitates native title-related proceedings. These QSNTS conducts other functions related to native include consultations, mediation, negotiations and title that aim to improve the native title system and to proceedings relating to native title applications, future deliver better results for Traditional Owners. Examples acts, ILUAs and any other matter related to native title. of these functions include advocacy for reform, capacity development, regional research projects, and Section 203BE - Certification negotiating agreements with other organisations such QSNTS certifies native title applications and as MOUs. In particular, QSNTS undertakes regional applications for the registration of ILUAs. research projects pursuant to s 203BJ(b). Section 203BF - Dispute Resolution QSNTS provides assistance in promoting agreement between clients regarding native title applications by conducting consultations, negotiations, mediation and other native title related proceedings. QSNTS provides mediation services between client groups regarding native title claim issues such as claim boundary overlaps and shared Apical Ancestors.

Section 203BG - Notification QSNTS ensures that notification of proposed activities which relate to the land and waters wholly

11 | Queensland South Native Title Services Strategic Intent STRATEGIC PLAN In line with the current QSNTS Strategic Plan, QSNTS’ focus is to improve engagement with AND PRIORITIES clients, constituents and stakeholders. QSNTS aims to increase the rate of resolution of claims, To guide the effective and efficient delivery of statutory effectively manage disputes and promote services, QSNTS abides by a Strategic Plan set cohesive relationships between clients. QSNTS by its Board of Directors and updated every three will continue to respond to an evolving native title years to reflect the changing needs of Traditional environment by: Owners progressing through their native title journeys. Currently, QSNTS operates according to the QSNTS 1. Providing high quality professional services 2013-16 Strategic Plan, after the Board of Directors to secure native title or alternative settlement voted to extend its relevance by a period of 12 outcomes for Traditional Owners; months, expiring on 30 June 2017. 2. Establishing, developing and maintaining a leading dispute resolution capability; Our Vision 3. Strengthening organisation capability to enable Through native title, we drive the achievement of PBCs to manage and maximise native title Indigenous self-determination to redress the past, outcomes; and strengthen the present and empower the future. 4. Advocating to reform and improve the native title system through influencing policy, Our Purpose legislation and administrative processes. Realising Traditional Owners’ aspirations to secure, QSNTS fulfils its functions through a service manage and maximise native title outcomes through delivery model founded on the assertion that the provision of quality professional services in a native title has a vital role to play in delivering dynamic environment. recognition and justice for Aboriginal Peoples and Torres Strait Islanders. QSNTS takes an approach that aims to enhance Traditional Owners’ capacity Our Values for autonomy by developing a service delivery model based on statutory services, capacity At QSNTS, we honour culture, respect diversity development and reform. and acknowledge our clients as the First Peoples of this nation by providing professional, accountable, collaborative and evidence-based services.

Kullilli Country

Annual Report 2016 – 2017 | 12 Through Native Title, we drive the achievement of Indigenous self-determination to redress the past, strengthen the present and empower the future.

REFORM STATUTORY SERVICES CAPACITY DEVELOPMENT

13 | Queensland South Native Title Services native title claim retains certain procedural rights, including the right for Applicants to be notified and SERVICES consulted with in respect of future acts that may DELIVERED affect their native title rights and interests. Most future acts are notified under s 24 of the QSNTS aims to deliver a complete range of NTA. As the NTSP for the southern region of statutory services to realise our clients’ aspirations. Queensland, QSNTS receives future act notices and forwards them to the relevant native title claim Applicants. QSNTS provides registered Applicants Native Title Claims with assistance to understand the complex process, allowing them to comment on or object to the QSNTS provides legal representation and proposed activities. facilitation assistance to native title claimants by providing consultation, mediation, negotiation, Activities such as mining, petroleum, exploration agreement making and court appearances relating and compulsory acquisition of land for non- to their native title claims. government parties are notified under s 29 of the NTA. Where a right to negotiate applies, QSNTS QSNTS also assists and facilitates research for provides a service representing the registered and preparation of native title claims. This includes native title claim group in negotiation and arbitration seeking evidence to determine ‘right people for of future acts as necessary. right country’, resolving disputes that may arise in identifying the claim group, and certifying claim lodgement with the Federal Court of Australia. Indigenous Land Use Agreements (ILUAs) An ILUA is a negotiated agreement between Further information about work undertaken in native title groups and other parties (for example, respect of native title claims during the reporting government, pastoralists and utility providers) about period can be found in the Performance Report the use and management of land and waters in a section of this Annual Report. certain area.

Future Acts ILUAs facilitate the resolution of certain native title issues through a negotiated process as A ‘future act’ is a proposed activity that may an alternative to costly and time-consuming affect native title, such as mining or exploration litigation processes. A registered ILUA is legally activities, compulsory acquisition, tourism and other binding for the parties to the agreement and developments. Under the NTA and the Aboriginal Native Title Holders. Cultural Heritage Act 2011 (Qld), a Traditional Owner or Traditional Owner group with a registered

Annual Report 2016 – 2017 | 14 QSNTS provides facilitation assistance and With historically limited funding, QSNTS facilitated representation in negotiating, resolving and ‘in-kind’ PBC support, focusing on the existing certifying registration of ILUAs. skills, aspirations and needs of Traditional Owner groups to help establish rewarding partnerships, Further information regarding ILUA negotiations manage their native title rights and interests during the reporting period can be found in the independently and sustainably, and work toward Performance Report section of this Annual Report. the overarching goal of genuine self-sufficiency.

However, in the 2016-17 reporting period, new Reform funding guidelines have facilitated greater capacity for NTSP/NTRBs to provide PBCs with support QSNTS is committed to the development of a that genuinely reflects their needs and aspirations. fair and balanced native title system, making QSNTS has adapted its operations accordingly advocacy for reform and improvement of native to ensure Traditional Owners benefit fully from the title processes and outcomes a necessary function DPMC’s expanded focus on post-determination of the organisation. To this end, QSNTS takes support and PBC longevity. every opportunity to engage with reviews of administrative frameworks and of both state and federal legislation.

Further, QSNTS participates extensively in SERVICE DELIVERY advocacy programs through its membership of the QRBA and the NNTC. More information about PROCESS QSNTS’ advocacy activities in the reporting period To carry out any of its operational functions under can be viewed in the Performance Report section of the NTA, QSNTS must first receive and approve a this Annual Report. request for assistance from the relevant Traditional Owner, or Traditional Owner group, in accordance Capacity Development with s 203BB of the NTA. QSNTS recognises the long-lasting impact that A key function of QSNTS is to establish and recognition of native title can have for Traditional enhance the capability of Aboriginal People and Owners, and thereby adopts a strict, evidence- Torres Strait Islanders to effectively pursue avenues based approach to the investigation, preparation of self-determination by benefitting from their native and prosecution of native title claims. Within the title rights and interests recognised as part of the sensitive environment of identity and connection, broader native title system. QSNTS does not make decisions about who is who or where they belong, and instead focuses on providing evidence to the Federal Court of Australia

15 | Queensland South Native Title Services for the enduring progression of native title claims. 4. Claim-Specific Research. This includes QSNTS draws on expert evidence, historical and claim-specific research and investigation that other documentary records and, most importantly, arises from, and is consistent with, the s 203BJ on the evidence provided by Aboriginal research projects referred to in sub-paragraph People themselves. two above. 5. Dispute Resolution. This extends to both Against this backdrop, QSNTS assigns resources inter- and intra-Indigenous dispute resolution to funding requests in the descending order of pursuant to s 203BJ, with particular priority priority provided below (noting that some lower being given to those claims that are subject order activities may require action before a higher to trials, or those claims capable of consent order activity can be addressed): determination where connection has been accepted but outstanding Indigenous 1. Native Title Claims. All claims filed with the respondent issues remain. Federal Court must accord with credible evidence, and are handled either in-house or 6. Interlocutory Applications. Funding can be otherwise briefed out to competent, ethical granted for interlocutory applications to dispose practitioners. The amount of resources of unmeritorious Indigenous responses where allocated, as well as other factors such as dispute resolution (referred to in sub-paragraph logistics, are associated with the size and five) has been unsuccessful. location of the native title claim group. 7. Future acts. This includes the provision of 2. PBC Support. PBC support includes limited future act legal advice, representation preparation and circulation of meeting and assistance. notices, assistance with meetings, and basic advice around the legal effect of ILUAs While the order of priority for resource allocation and/or determinations. remains the same, the balance in volume of services delivered by QSNTS has shifted in recent years due 3. Regional Research. The strategic value of to the growing number of native title determinations regional or specific research projects pursuant made within its service boundaries. Since the 2008 to s 203BJ are prioritised in circumstances amalgamation, 19 Traditional Owner groups have where they may resolve native title across a attained native title recognition in the area, 14 of wider region. This research serves to clarify which were assisted by QSNTS. Consequently, complex regions that have multiple competing QSNTS has adapted its operations to better assertions of native title, as well as regions meet the changing needs of Traditional Owners, that have one or more adjoining native title transitioning from a claims-based organisation to determinations that can be used as ‘neighbour’ one which also supports Traditional Owners long evidence to support new or current claims. after a positive determination has been made.

Annual Report 2016 – 2017 | 16 ORGANISATIONAL STRUCTURE Board of The organisational structure Directors for QSNTS as at 30 June 2017

Chief Executive Officer

Chief Financial Officer

Human Resources Manager eDRMS Corporate and Knowledge Coordinator Manager

Executive Assistant Human Resource Officer/s Events Media and Finance Records Officer/s Communications Officer/s Administration Officer/s Receptionist/s Coordinator Support Officer/s

17 | Queensland South Native Title Services DEPARTMENT KEY:

BOARD OF CORPORATE IMD LEGAL DIRECTORS EXECUTIVE

Principal Legal Officer

Deputy Deputy IMD Manager Principal Principal Legal Officer Legal Officer

IMD Support Officer/s Research Officer/s Legal Officer/s Legal Officer/s Community Paralegal/s Paralegal/s Relations Officer/s

Annual Report 2016 – 2017 | 18 QSNTS is governed by a Board of Directors, To both expand on its existing PBC support which provides high-level strategic direction to the activities and meet its obligations under the new Executive team comprised of the CEO, CFO and outcomes-based funding model, QSNTS underwent PLO. Further information regarding the QSNTS a restructure early in the 2016-17 reporting period governance structure can be found in the Corporate to establish a new service delivery team, namely Report section of this Annual Report. the IMD.

The CFO is responsible for non-operational The IMD comprises research officers, community activities within QSNTS, including corporate relations officers, legal officers and paralegal support undertakings such as event planning, officers to support Traditional Owners in respect financial management and stakeholder engagement. of future acts and ILUAs, as well as the More information about QSNTS’ corporate support establishment and development of a functional activities can be viewed in the Corporate Report PBC as required under the NTA. Importantly, the section of this Annual Report. IMD commences work with Traditional Owners while their associated native title claim is on foot, The PLO is responsible for operational activities ensuring the claimant community is prepared to within the organisation, which, from 2015, were manage their native title rights and interests once carried out under three major service delivery teams their claim has been determined. - one responsible for regional research projects and PBC support, and two responsible for new and With the implementation of the IMD, the annual existing native title claims. QSNTS Operational Plan now encompasses milestones to be accomplished in both native title Historically, QSNTS has conducted its PBC claims, and in PBC support activities. support activities under stringent limitations imposed by activities-based funding agreements with the DPMC. However, in light of the growing number of Traditional Owners transitioning from native title claimants to Native Title Holders, a new outcomes-based funding model was implemented for the 2016-17 reporting period which imposed key performance indicators expansively associated with capacity building for PBCs.

19 | Queensland South Native Title Services principles provided above, while the CFO assesses each project to determine a budget. Once finalised, OPERATIONAL project plans are then consolidated into the annual QSNTS Operational Plan, which forms a PLAN critical document in how QSNTS measures its performance in relation to its funding agreement At the service level, when a request for assistance with the DPMC. has been accepted by QSNTS in accordance with s 203BB of the NTA, an appropriate team of staff The DPLOs and IMD Manager report regularly is assigned according to the skills and experience to the PLO on milestone achievements and the needed to undertake the project to completion. Executive team then reports to the Board of Directors on operational progress in terms of Once a team has been assigned, a project plan (a outcomes, outputs and finances at each quarterly case management plan for native title claim work, Board meeting. Reporting against key deliverables and a PBC management plan for PBC support in the Operational Plan is a standing agenda item work) is developed, encompassing workflow factors of all Board meetings, and the Board signs off on such as milestones, time frames, and budgets. the Operational Plan and any subsequent variation.

The Executive team then endorses and approves For this reporting period, the annual QSNTS each project plan and moderates resource Operational Plan was delivered to the DPMC allocation based on the QSNTS prioritisation on 26 May 2016.

Annual Report 2016 - 2017 | 20 PERFORMANCE REPORT

21 | Queensland South Native Title Services CLAIMED AREAS

Annual Report 2016 - 2017 | 22 REVIEW OF PERFORMANCE In the 2016-17 reporting period, QSNTS assisted one native title claim group with achieving a positive determination by consent, and an additional six groups with filing native title determination applications with the Federal Court of Australia. Additionally, QSNTS has expanded its operations substantially to assist Traditional Owners following a native title determination, which has underpinned an increase in future act-related activity undertaken in partnership with clients in the southern Queensland region. These activities and outcomes are highlighted on the following table.

23 | Queensland South Native Title Services Outputs 2016-17

Facilitation and Assistance Number

The Claims Experience

Total active claims within the region as at 1 July 2016 24 Active Claims Represented as at 1 July 2016 21 Plus claims filed by QSNTS 6 Less claims determined 0 Less claims dismissed (represented by QSNTS) 0 Ceased to act 1 Plus or less any other (consolidated) 0 Active claims represented as at 30 June 2017 26 QSNTS as respondent 2 Claims in development 2 Non-claimant applications 5 Discontinued/resolved non-claimant applications 0 Compensation claims 3 Section 203BJ(b) regional research projects 3 The Agreements Experience Future acts notices received 1500 Responses to future acts 282 Agreements concluded 65 Agreements in development 662 ILUAs concluded and registered 0 Complaints and Disputes Complaints received 24 Complaints resolved 22 Complaints pending resolution 2 Requests for Review of Decisions Not to Assist Requests received 1 Reviews completed 1 Petitions overturned on internal appeal 0 Requests for External Review of Decisions Not to Assist Requests received 0 Requests resolved 0 Requests pending resolution 0 QSNTS decisions affirmed 0

Annual Report 2016 – 2017 | 24 CONSENT CURRENT DETERMINATIONS CLAIMS

Yulluna #4 Barada Kabalbara Yetimarala People On 20 February 2017, the Federal Court of The Barada Kabalbara Yetimarala (BKY) People Australia formally recognised the Yulluna People as have filed two native title determination applications Native Title Holders over a small parcel of land near in the Court. The BKY People #2 claim is wholly the town of Duchess in Queensland. The decision overlapped by the People (Part B) claim. followed an application made on 2 February Both BKY claims are presently entered on the 2015 seeking to rectify a drafting error that saw Register of Native Title Claims. the parcel of land excluded from the boundary description of the initial Yulluna People’s native During this reporting period, the Honourable Justice title determination. As such, the determination Collier made orders in relation to the connection adds to the Yulluna People’s native title area of process for the BKY claims. QSNTS gathered approximately 10,018 sq km, over which native title evidence in support of the claims throughout 2016 rights and interests were recognised at a consent and early 2017. The parties in the BKY claims, determination hearing held on 28 March 2014. including the Darumbal Applicant for the overlap area, also agreed on a timetable articulating the steps parties would take to progress the matters.

In accordance with the timetable, anthropological experts, separately engaged for the BKY and Darumbal parties, participated in joint conferencing to resolve outstanding issues in dispute over the overlap area. A joint experts report was produced shortly thereafter.

On 19 May 2017, the Applicant delivered its connection material (including the joint experts report) to the connection parties for review and

From the People’s consent determination celebrations.

25 | Queensland South Native Title Services assessment. It is anticipated that the BKY and proposed ILUA to provide a range of outcomes Darumbal parties will shortly meet with a view to and benefits for the Butchulla People, including: negotiating an agreement about the overlap area. The outcomes of this meeting are intended to be 1. compensation for the loss of native title within communicated to the Court, the connection parties the agreement area; and the claim group for reporting purposes. 2. protocols for the management of cultural heritage; and Butchulla Land and Sea Claim #2 3. employment, training and business In December 2016, members of the Butchulla development opportunities. claim group gave evidence at various locations in an on-country evidence process. The witnesses Danggan Balun (Five Rivers) People were led through, and cross-examined on, their An application on behalf of the Danggan Balun evidence on country by, respectively, the legal (Five Rivers) People was filed on 27 June 2017. representatives for the Applicant, and the State The application covers an area of approximately of Queensland and Commonwealth. 3,100 sq km and includes areas within the local government regions of the Brisbane, Gold Coast, The evidence process was a successful exercise Logan and Redland City Councils, as well as the and resulted in the State and Commonwealth Scenic Rim Regional Council. advising in May 2017 that they now consider there to be a sufficient basis to accept connection to The application has not yet been assessed for a substantial area of the claim for the purposes registration and is in the pre-notification phase. of substantive negotiations towards a consent determination. Negotiations with the government parties are still ongoing as to the final agreed Darumbal People (Part B) areas over which negotiations could commence, and in relation to a draft proposed consent Part A of the Darumbal People’s native title determination timetable. determination application was determined by consent on 21 June 2016. During the reporting period, the Butchulla Applicant also engaged in negotiations over the terms of Part B of the Application is subject to an overlap its Fire and Rescue Station ILUA with the State, with the BKY #2 application. Resolution of the acting through the Public Safety Business Agency. overlap has been progressed with the completion The negotiations involve the construction of a Fire of the research report relating to the BKY #2 claim, and Rescue Station in Rainbow Beach, with the and the preparation of a joint expert report following a conference of the experts for the Darumbal and BKY #2 claims.

From the Butchulla People’s consent determination celebrations.

Annual Report 2016 – 2017 | 26 Gamilaraay Paople An interlocutory application to amend the claim and replace the Applicant was heard on 13 December An application on behalf of the Gamilaraay People 2016, where the Honourable Justice Rangiah was filed on 12 June 2017. The application covers ordered a replacement Applicant and granted leave an area of approximately 5,400 sq km in the local to amend the application. government areas of Balonne Shire Council and Goondiwindi Regional Council. The application is On 20 March 2017, the amended application was currently being assessed against the conditions for accepted for registration by the NNTT and entered registration and is in the pre-notification phase. on to the Register of Native Title Claims.

Gunggari People #4 Kabi Kabi Undambi Area Claim Progress of the #4 application The Kabi Kabi Undambi Area native title claim was was delayed due to the former overlap by the authorised by the Kabi Kabi people on 22 October People #6 application. Following the 2016, and filed in the Federal Court of Australia dismissal of the Bidjara People #6 application on 5 December 2016. The application sits on the on 5 July 2016, research in the form of an borders of the Kabi Kabi First Nation Traditional anthropological report has been progressed and Owners native title application in the north, and the will be provided to the State in the first quarter of determined Jinibara People area in the west. the 2017-18 reporting year. The Kabi Kabi Undambi Area claim was authorised Kabi Kabi First Nation to mirror the current Kabi Kabi First Nation The Kabi Kabi First Nation Traditional Owners Traditional Owners claim. As such, the Applicant, native title determination application was filed on 31 the rights and interests, and the exclusions within May 2013. the external boundary of the application, are reflective of those also claimed in the Kabi Kabi In July 2016, the Kabi Kabi claim reached a First Nation Traditional Owners native title major milestone with both the State and the determination application. Commonwealth agreeing to enter into negotiations towards a consent determination, On 30 March 2017, the NNTT entered the subject to conditions. application on the Register of Native Title Claims.

At a Kabi Kabi authorisation meeting held on 22 and 23 October 2016, a number of amendments to the claim were authorised, including an amendment to the claim group description and consequently the authorisation of a replacement Applicant.

Left: At the Gunggari People’s consent determination, Right: At the Pitta Pitta People’s consent determination. 27 | Queensland South Native Title Services Since the matter was registered, QSNTS has met with the Applicant on an ongoing basis to The Koa People native title claim was filed on 16 discuss activities related to the claim, including July 2015 and the preparation of anthropological steps to be taken to progress the matter. QSNTS material commenced shortly thereafter. In February has also undertaken additional research with 2017, QSNTS facilitated an information session a view to resolving boundary and Indigenous with the claim group, where they were provided with respondent issues. an update on the outcomes of the anthropological research and the status of negotiations in relation to The matter remains in case management and the a non-claimant application filed by a pastoralist party. connection process is subject to the supervision of the Court under the National Registrar for In March 2017, the Koa People provided its Native Title. connection material to the State of Queensland for assessment, and the State has since provided Mandandanji People its views of the material to both the Court and QSNTS representing the Koa People. As a result On 18 December 2015, the Honourable Justice of the State’s assessment, further evidence in Rares programmed the Mandandanji claim for trial support of the Koa People’s native title claim is with a hearing on all issues listed for 28 November now being collected. 2016. Since that time, the claim has been the subject of intensive case management by the Federal Court. Following various amendments to the Kunja People trial programming orders, a trial on connection was The Kunja People’s native title determination scheduled for commencement on 5 June 2017. application was filed on 17 July 2015 and is a registered claim. During notification, a number of Extensive tenure research was conducted in respondents filed Forms 5 in the Court, thereby relation to areas within the claim boundaries becoming parties automatically. Those parties during the reporting period and the parties filed include five Indigenous parties who assert Badjiri a Statement of Agreed Facts with the Court, (Budjiti) and Murruwari interests over the present expressing the agreement of the parties on claim area. areas where native title has been confirmed as extinguished. It is estimated that less than 10% Anthropological reports in relation to the area of of the claim area remains claimable. the Kunja claim have been prepared pursuant to QSNTS’ other function under s 203BJ(b) of the On 20 May 2017, an authorisation meeting was NTA. The gathering of lay evidence in relation to held in Roma for the claim group to consider the claim continues and interviews with some Kunja legal advice and make decisions about the future claimants have been carried out for the preparation conduct of the claim. At that meeting, the claim of witness statements in support of the claim. group resolved to instruct the Applicant not to proceed to a contested hearing and to seek orders Left: Celebrating the Yulluna People’s consent determination, Right: Youths performing at the Darumbal People’s consent determination. Annual Report 2016 – 2017 | 28 for a determination that native title does not exist Mitakoodi and Mayi People #5 over the entirety of the claim area. In accordance The Mitakoodi and Mayi claim was filed on 8 July with those instructions, QSNTS filed an application 2015. There have since been two authorisation with the Court on behalf of the Applicant on 24 May meetings to replace the Applicant, which resulted 2017, seeking orders to vacate the trial. With the in a series of case management conferences held consent of the trial parties, Justice Rares granted by the Federal Court in order to resolve disputes that application and made orders vacating the amongst competing Applicant groups on how hearing on connection. best to progress the claim. The disputes were not resolved between Applicant groups, which resulted The terms of the proposed determination orders are in a contested hearing held in March 2017. The currently the subject of negotiations between the incoming Applicant was successful in this hearing, parties. Further, negotiations between the Applicant and Justice Reeves made orders to replace the and State of Queensland presently continue as to former Applicant. whether there is a proper basis for the parties to enter into an ILUA. During this time, QSNTS has commissioned and commenced work on the preparation of an Mardigan People anthropological report, which is intended to identify all the families that may legitimately hold native In July 2016, orders were made for the hearing of title rights and interests in the Mitakood and Mayi Traditional Owner evidence on country before the claim area. Honourable Justice Reeves. Prior to the hearing, several Mardigan people were involved in providing QSNTS with their knowledge about Mardigan Port Curtis Coral Coast Claim country. This evidence was filed in the form of A consent determination hearing for the Port Curtis witness statements, and a hearing of this traditional Coral Coast People is listed for 28 November 2017 owner evidence took place in April 2017. on country in Gladstone. QSNTS met with the Applicant in May 2017 and During this reporting period, the parties have the claim group in June 2017 to advise of the State remained in substantive negotiations for the of Queensland’s position in relation to this matter purposes of that final hearing, with respect to the and the possible options for resolution of terms of the s 87 agreement proposed for filing in, the claim. QSNTS and the Mardigan People and the various ILUAs comprising the components are now assessing the next steps for this claim. of the settlement framework for the matter.

Left: Children join in celebrations at the Mithaka People’s consent determination, Middle: The smoking ceremony at the Boonthamurra People’s consent determination, Right: Kalkadoon People celebrating their consent 29 | Queensland South Native Title Services determination. In this period, a signing ceremony was held in In the forthcoming reporting period, QSNTS will Gladstone on 29 November 2016 in relation to gather further Aboriginal lay evidence and engage the Local Government ILUA made between the an expert anthropologist to prepare the relevant claim group, the Gidarjil Cultural Heritage expert evidence in support of the claim. Corporation and the Gladstone, North Burnett and Bundaberg local governments. The Local Quandamooka People #4 (Mulgumpin Claim) Government ILUA articulates the relationship between the parties, processes for future acts The Mulgumpin Claim was filed on 18 November and Aboriginal cultural heritage, and ways upon 2014 and accepted for registration on 25 which the parties are to work together and address March 2015. matters of public policy and Aboriginal culture in the local area. In response to the connection material delivered on behalf of the Applicant to connection parties in Following a roadshow run by the QSNTS IMD in February 2016, the State of Queensland advised May 2017, the First Nations Bailai, Gurang, in September 2016 that it was satisfied the Gooreng Gooreng, Taribelang Bunda People Quandamooka People had established connection Aboriginal Corporation was registered with the and would be prepared to enter into substantive Office of the Registrar of Indigenous Corporations negotiations towards a consent determination. on 26 June 2017. Throughout the reporting period, the Applicant Amendments to ensure the claim is in proper, and Respondent parties have been working final form for the final hearing are proposed to be to an agreed timetable completing required filed with the Federal Court after an authorisation steps towards the achievement of a consent meeting of the claim group in August 2017. Final determination of the matter. With some outstanding ILUAs to settle the matter are intended to be tabled items still at play, the Applicant is working to ensure before the claim group for authorisation around mid- that all items are addressed in a timely manner September 2017. so as the matter is resolved by way of a positive determination of native title in the first quarter of 2018. Quandamooka Coast Claim On 22 October 2016, the Quandamooka People Wadja People authorised the filing of the Quandamooka Coast Claim, which was filed with the Federal Court on The current Wadja People claim was authorised 8 March 2017 and accepted for registration on on 5 August 2012, and filed as a new native title 12 May 2017. It is currently in notification until determination application on 22 August 2012. It is 11 October 2017. currently registered.

Left: Dancing in celebration of the Kullilli People’s consent determination, Middle: Jinibara People accepting a gift from QSNTS to commemorate their consent determination, Right: The Budjiti People’s smoking ceremony ahead of their consent determination. Annual Report 2016 – 2017 | 30 During the reporting period, the State of Wakka Wakka People #4 Queensland advised its response on connection. During the course of 2016 and 2017, the Wakka QSNTS has relevantly provided legal advice to the Wakka Applicant made several attempts to resolve Applicant on a number of occasions on matters the assertions of rights and interests made by three related to the claim, including prospects and Indigenous respondents in the Wakka Wakka #4 options for disposition of the proceedings. claim area. These efforts have not been successful. Consistent with its general policy, in March 2017, QSNTS ceased acting for the Wadja People on the State of Queensland indicated that it was 23 May 2017. unable to progress this matter towards a consent determination while the assertions made by the Wakka Wakka People #3 Indigenous respondents remain unresolved. Over the course of 2016, QSNTS was involved In April 2017, pursuant to the orders of Justice in the collection of Traditional Owner evidence Reeves, the Indigenous respondents filed evidence in the form of witnesss statements in relation to in support of their assertons, and the Wakka the Wakka Wakka People #3 claim. In October Wakka Applicant filed its evidence in response. In 2016, this material was provided to the State of May 2017, the Wakka Wakka People authorised Queensland for assessment, and in March 2017, amendments to the Wakka Wakka #4 claim area to the State indicated to the Court and the other reduce the area in dispute, and the area in dispute parties that it accepts the Wakka Wakka People’s is now likely to be resolved in a contested hearing. connection to the claim area and is willing to negotiate a consent determination in this matter. The Applicant for the Wakka Wakka #4 matter The other active respondent parties have also authorised in November 2015 has also changed indicated their intention to progress the matter following an authorisation meeting held in towards a consent determination. May 2017. In June 2017, the parties agreed to a timetable Wangan and Jagalingou People outlining next steps in order to achieve a positive consent determination in favour of the Wakka Progress of the Wangan and Jagalingou People’s Wakka People over the relevant claim area by native title determination application was delayed mid-2018. due to a substantial overlap by the Bidjara People #7 claim. Since the Bidjara People #7 claim was The Applicant authorised in November 2015 has dismissed on 5 July 2016, the application has been also changed following an authorisation meeting the subject of orders aimed at expediting resolution held in May 2017. of the claim. Evidence of lay witnesses was filed in November 2016 and in March 2017, and expert evidence was filed in November 2016 and May 2017. The State is to provide its response by 7 July 2017.

Left: Celebrating the Kalkadoon People’s consent determination, 23 31 | Queensland South Native Title Services Right: Mithaka People at their consent determination hearing. Wangkamahdla Nation These, together with the further expert evidence aforementioned, were provided to the State The Wangkamahdla Nation native title claim was of Queensland and the Commonwealth for filed on 20 January 2016 in response to a non- consideration and assessment. The Applicant has claimant application filed by Gibson Grazing over received the government parties’ responses on the Sandringham pastoral property. Gibson Grazing that further connection material and is presently is seeking a determination that native title does not preparing further material for the purposes of exist over the Sandringham property. narrowing outstanding issues on connection, which is due to be delivered to the State and the Prior to this occurring, QSNTS had been carrying Commonwealth on 27 October 2017. out a research project into the region, and once the Wangkamahdla Nation claim was filed, efforts became focused upon collecting specific evidence Yuggera Ugarapul People in support of the claim. The Yuggera Ugarapul People native title determination application was authorised by the On 31 August 2017, an anthropological report and Yuggera Ugarapul People on 11 March 2017 a number of witness statements were provided to at an authorisation meeting held in Ipswich. The the State of Queensland, and Justice Reeves has application covers an area of just under 6,200 since ordered that the State must give its response sq km and includes land managed by eight local to that material, by way of filing a notice in the government areas including the Brisbane, Logan Federal Court, on or before 30 November 2017. and Ipswich City Councils. The application was filed in the Federal Court on 7 April 2017 and Western Kangoulu People was subsequently provided to the NNTT for registration testing. The Western Kangoulu People native title determination application was, until 5 July 2016, overlapped by Bidjara People #7 native title Yuwaalaraay/Euahlayi People determination application. The Yuwaalaraay/Euahlayi People native title claim was filed on 23 January 2017 and registered by the Despite the overlap, connection material was NNTT on 5 May 2017. Evidence is currently being provided to the State in December 2015 and collected, including anthropological research and preliminary issues were progressing in accordance witness statements, which will be provided to the with an agreed timetable. As stipulated by the State of Queensland in due course in support of timetable, the Applicant provided further connection the claim. material to the State, including a joint expert report and affidavits from members of the claim group. The State is due to respond by 11 September 2017.

Woppaburra People The Woppaburra People native title determination application was filed on 8 November 2013 and is a registered claim with seven respondents.

During this reporting period, a consultant anthropologist was commissioned to undertake further anthropological work and prepare a further expert report in relation to the claim.

Further lay statements have also been gathered from relevant Woppaburra claimants for the purposes of supporting the case for native title.

24 Annual Report 2016 – 2017 | 32 In November 2016, a claim that overlapped all of the Queensland part of the Wongkumara QSNTS AS A People’s claim was lodged on behalf the Kungardutyi People. QSNTS joined RESPONDENT with the Applicant for the Wongkumara People’s claim in successfully seeking the summary dismissal Kungardutyi Punthamara People of that claim. The Kungardutyi Punthamara People claim was lodged in November 2016, entirely overlapping #2 parts of Queensland subject to the Wongkumara QSNTS sought to join this proceeding as a People’s claim. respondent party after the claim group description was amended so as to exclude people from the Members of the Applicant had previously been claim group that QSNTS believes are supported as respondents to the Wongkumara People’s claim, members of the claim group by the preponderance but withdrew on the eve of a hearing requiring them of the evidence. to show cause why they should remain a party to that claim. Some had also been the subject of findings in Wallace on behalf of the Boonthamurra People v State of Queensland [2014] FCA 901. OTHER QSNTS argued the matter sought to re-litigate the decision in Wallace and the proceedings were LITIGATION thereby an abuse of process. As such, QSNTS joined with the Applicant for the Wongkumara Kemppi v Adani People’s claim in successfully seeking the summary This matter was brought by members of the dismissal of that claim with costs ordered against Wangan and Jagalingou claim group seeking the Applicant. to impugn an ILUA between the Wangan and Jagalingou People and Adani Mining Pty Ltd. Wongkumara The respondents to the claim are Adani Mining QSNTS remains a party to the Wongkumara Pty Ltd, QSNTS, the State of Queensland and the cross-border claim and supports a determination National Native Title Registrar. of native title in favour of the claim group having regard to appropriate boundaries. The claims against QSNTS relate to the exercise of the certification function pursuant to s 203BE of The claim group agreed to adopt QSNTS’ the NTA, which QSNTS is defending. recommendations relating to the claim group description.

33 | Queensland South Native Title Services RESEARCH NATIVE TITLE

Darling Downs CORPORATIONS The long-running Darling Downs Regional Research Project is conducted under s 203BJ(b) of the Boonthamurra Native Title Corporation NTA. This very complex area is the subject of much The Boonthamurrra Native Title Corporation extinguishment by tenure grants and has previously is assisted by QSNTS to ensure corporate been the subject of a number of native title governance runs smoothly and within the determination applications that were dismissed. prescribed rules and regulations.

South East Regional Research Project In this reporting period, QSNTS has helped facilitate logistics for 10 Directors’ meetings as This South East Regional Research Project well as a special general meeting, at which the resulted in two claims being authorised and filed corporation’s members successfully amended in this reporting period, one of which has been the Corporation Rule Book. QSNTS assisted registered. Further research will be undertaken on with ensuring the corporation’s compliance with an unclaimed area to the west of the Great Dividing the ORIC regulations for registration of those Range, which forms part of the original research amendments, and QSNTS successfully facilitated area, with a view to establishing clarity around efforts to create a detailed strategic plan. people for country, and authorising and lodging further claims. QSNTS has also received formal notice of the corporation’s intention to initiate a native title St George Research Project claim over an additional portion of land. QSNTS is The St George Regional Research Project resulted coordinating the research in that area. in the authorisation of two claims filed, one of which is registered. Further research is being conducted Whilst QSNTS is not currently formally engaged to around the town of St George and surrounds. act on future acts matters for this RNTBC, it has, within a limited scope, helped advise the Board on some of these issues.

Annual Report 2016 – 2017 | 34 Budjiti Aboriginal Corporation Gunggari Aboriginal Corporation QSNTS currently assists the Budjiti Aboriginal The Gunggari Aboriginal Corporation maintains a paid Corporation with corporate governance administrator and an office. While still dependent on training and instruction, and contributes in a some funding from the DPMC, the corporation also substantial way to ensure corporate governance enjoys some small income streams from activities is properly maintained. undertaken on country by a variety of proponents.

In the 2016-17 reporting period, QSNTS While QSNTS assists the corporation with helped facilitate logistics for all of the corporate governance, it is also delivering training corporation’s Board meetings and general to the Board and its administrator in order relegate meetings, and assisted with efforts to create QSNTS to a less active role in such matters. a detailed strategic plan. Additionally, QSNTS has assisted with facilitating logistics for Directors’ meetings and has provided QSNTS currently acts for the corporation on its support in the corporation’s efforts to create a future acts matters. There are currently a number detailed strategic plan. of carbon farming and mining agreements in negotiation by QSNTS on the corporation’s Kalkadoon Native Title Aboriginal Corporation behalf, including a sizeable ‘land swap’ ILUA which is progressing, but yet to be finalised. The Kalkadoon Native Title Aboriginal Corporation RNTBC is the agent PBC for the Kalkadoon People. Bularnu Waluwarra Wangkayujuru QSNTS assisted this corporation with logistics Aboriginal Corporation for many meetings, including Directors’ meetings, The Bularnu Waluwarra Wangkayujuru Aboriginal members’ meetings and Native Title Holders Corporation RNTBC is the trustee PBC for the meetings during this reporting period. QSNTS also Bularnu Waluwarra Wangkayujuru People. This assisted in negotiating numerous agreements with financial year, QSNTS assisted with holding proponents for mining and exploration matters, the Directors’ meetings, and the 2016 annual including compliance of the consultation and consent general meeting, as well as a Native Title Holders requirements for native title decisions and ongoing meeting. QSNTS also assisted in negotiating agreement implementation matters. a small number of exploration agreements, as well as an ILUA for the Jemena Northern Gas QSNTS also assisted with a significant negotiation Pipeline project. that concluded in December 2016 and resulted in the Kalkadoon People authorising two ILUAs, an ancillary agreement and a cultural heritage management plan for the Jemena Northern Gas Pipeline project.

35 | Queensland South Native Title Services Aboriginal Corporation Mithaka Aboriginal Corporation The Kooma Aboriginal Corporation is assisted The Mithaka Aboriginal Corporations maintains a by QSNTS regarding corporate governance and paid administrator and a stipend to a CEO. Whilst compliance issues. QSNTS is also instructed to the corporation remains reliant on funding from the act on the corporation’s behalf in relation to futures DPMC, it also has an income stream from activities acts matters. undertaken on country by a variety of proponents.

In this reporting period, QSNTS successfully QSNTS is currently engaged to undertake a facilitated the corporation’s efforts to create a review and audit of the corporation’s ILUAs, which detailed strategic plan and helped facilitate logistics were entered into with the assistance of previous for all of the corporation’s Board meetings and legal representation on an ad hoc basis when the general meetings. Mithaka People’s native title claim remained on foot. Due to a variety of historical issues, the review and The corporation has formally advised QSNTS of its audit of agreements is demanding a relatively high intention to initiate a native title claim over an area amount of legal and support resources. of land supplementary to its existing region, and QSNTS is coordinating the required research in The corporation has recently given formal notice that area. to QSNTS of its intention to initiate a native title claim over a portion of land in addition to its With respect to future acts matters, QSNTS is determined area. QSNTS is coordinating the currently negotiating a number of carbon farming research in that area. agreements on the corporation’s behalf, as well as exploring the prospect of water licences. QSNTS Yulluna Aboriginal Corporation is also advising the corporation with respect to a ‘land swap’ ILUA which is nearing finalisation. The Yulluna Aboriginal Corporation RNTBC is the trustee PBC for the Yulluna People. During the reporting period, QSNTS assisted the corporation Kullilli Bulloo River Aboriginal Corporation with the logistics of Directors’ meetings and the The Kullilli Bulloo River Aboriginal Corporation 2016 annual general meeting. maintains a paid administrator and an office. Whilst the corporation remains reliant on funding from the DPMC, it has a reasonable income stream from activities undertaken on country by a variety of proponents.

QSNTS currently provides advice and support as and when needed with respect to the corporate governance and compliance issues faced by the Board.

In the past financial year, the corporation engaged QSNTS to undertake a review and audit of its ILUAs, and QSNTS subsequently provided advice as requested. QSNTS is also currently assisting the corporation with negotiations in relation to carbon farming.

Annual Report 2016 – 2017 | 36 FUTURE ACTS LEGEND Tenement Type: Legend

ACTIVITY ATP/EPP Authority to Prospect EP Expedited Procedure In the 2016-17 reporting period, QSNTS continued providing support to clients dealing with future acts EPC Exploration Permit for Coal in relation to their native title claim areas. EPM Exploration Permit for Minerals

NOTIFICATIONS MDL Mineral Development License Total s 24 Notifications received: 1145 MC Mining Claim Total other Notifications received: 198 ML Mining Lease (NTPCs, ILUA-Related Tenures and Other PL Petroleum Lease Miscellaneous notices) RTN Right to Negotiate Total s 29 Notifications received: 355 SP Sales Permit (Breakdown below) SECTION 29 NOTIFICATIONS

Number of Notices Type Total Number of Tenement Type (Groups Represented Notices Received by QSNTS) EP RTN

ATP/EPP 9 0 0 0 EPC 3 0 3 0 EPM 166 66 156 10 MDL 2 0 1 1 MC 153 140 0 153 ML 18 8 0 18 PL 4 0 0 4 SP 0 0 0 0 Total 355 214 160 186

37 | Queensland South Native Title Services OBJECTION APPLICATIONS

Objection Application Status Number of Applications

Objection Lodged 43 Finalised Objection Applications 37

AGREEMENT MAKING

Negotiations Negotiations Active Tenements Negotiations Commenced Finalised Negotiations Abandoned

ATP 1 3 3 0 EPM and EPC 59 38 40 6 ML 11 3 14 1 MDL 0 0 1 0

MC 139 2 603 0

Other 4 10 1 0 Total 214 56 662 7

ILUAS

Total Number of ILUAs Registered within QSNTS Region in 32 the Reporting Period Total Number of ILUAs Notified within QSNTS Region in the 25 Reporting Period GRANT FINANCIAL PERFORMANCE REPORT

QSNTS Actual Budget Actual Variance Functions 2015-16 2016-17 2016-17

Expenditure Capital 119,737 250,000 168,613 81,387 Activities 6,609,895 8,398,319 7,159,642 1,238,677 Corporate 3,013,845 3,234,300 3,090,655 143,345 Commitments 978,241 1,418,176 1,418,176 0 Total 10,721,718 13,300,795 11,837,086 1,463,709

Annual Report 2016 – 2017 | 38 As part of the strategic planning process, QSNTS consulted extensively with key stakeholders in the ORGANISATIONAL 2016-17 reporting period to ensure all support services to be offered were genuinely reflective CAPABILITY of those needed by Traditional Owners. In July 2016, the QSNTS Board met with several native In addition to its ordinary functions in claim title corporations in the Mount Isa region to gain prosecution and other statutory services, QSNTS qualitative feedback on the challenges facing their has this year focused on becoming a provider communities, and in August of the same year, of choice for Traditional Owners at every stage QSNTS also carried out its inaugural Client and of the native title journey, including in the post- Stakeholder Satisfaction Survey to capture insight determination environment. on assistance sought by Traditional Owners more broadly. The results from the consultation period led to the development of the QSNTS Services PBC Support catalogue, which is expected to launch in November 2017. Until recently, NTSP/NTRBs operated under funding agreements which imposed stringent In addition to the IMD established in this limitations on their capacity to assist PBCs after reporting period to support the organisation’s a native title determination had been made. In evolving strategic direction, QSNTS has also the 2015-16 financial year, following a period undertaken a range of initiatives to benefit of consultation with NTSP/NTRBs, including Traditional Owners directly. QSNTS, the DPMC advised of a transition from the activities-based funding model to an outcomes-based model, incorporating key PBC Strategic Planning Program performance indicators associated with PBC support and development. In this reporting period, QSNTS has engaged the services of suitably qualified independent expert With the freedoms facilitated by the new outcomes- consultants to assist in developing strategic plans based funding model, QSNTS has commenced for all existing PBCs partnered with QSNTS, as strategic planning for the 2017-21 period, well as to inform strategic planning for PBCs newly incorporating the expansion of its former PBC incorporated during the native title claim process. Support Program established in 2013 to provide Several PBCs have adopted a strategic plan in-kind support to PBCs within the guidelines of developed as a result of their participation in this previous funding agreements. program, with other groups still in consultation.

39 | Queensland South Native Title Services PBC Policies and Procedures Agreements Database

QSNTS has, in this financial year, commenced the One of the most substantial bodies of work template development of Policies and Procedures currently under development by QSNTS is the which PBCs can holistically or selectively adopt to Agreements Database, known as Native Title assist in the governance and operational practices TraKS (or the ‘Native Title Traditional Owner of their respective organisations. Knowledge System’). Native Title TraKS is an online platform purpose-built for Traditional Owners to assist in the management of their native title rights Governance Training and interests. The software offers state-of-the-art functionality that: QSNTS has provided PBC Directors with the opportunity to participate in a governance • monitors performance of agreements, training program facilitated by Shane Carroll, notifications and other rights and interests; covering various aspects of being a director of a • ensures compliance and simplifies annual PBC including corporate governance, the role reporting and audit; and personal legal duties of a director, conflicts of interest, and native title decision-making. In • stores and retrieves information on a PBC the 2016-17 reporting period, a total of six whole-of-enterprise basis; PBCs participated in the QSNTS governance • issues payment reminders on anniversary dates training program. and assists with revenue control; • informs and improves negotiation strategy with Regional Economic Snapshots implementation in mind; • accommodates change and is capable of For the majority of the 2016-17 financial year, modification to include cultural heritage QSNTS has worked in partnership with BlueSky agreements; and Economics to assist PBCs with the identification of potential economic development opportunities • includes administration and technical support. to benefit the Traditional Owner group. As part of the service, a ‘Regional Economic Snapshot’ is Native Title TraKS is currently in the final stages delivered to the PBC on a quarterly basis, providing of development and is expected to be launched information about developments and other activities later in 2017. within their native title area in order to assist with leveraging associated opportunities for the economic development of their community.

Annual Report 2016 – 2017 | 40 business model has been proposed and plans for PBC Website Development the project have been incorporated into QSNTS’ future strategic planning discussions. This year, QSNTS commenced an initiative in website development on behalf of PBCs to create a digital presence for Traditional Owners, share information about the community with internal ADVOCACY and external stakeholders, and provide an access point for other initiatives, such as the Native Title In addition to its work with clients aspiring to have TraKS agreements database and cultural heritage their native title rights and interests recognised, information. QSNTS is currently working together QSNTS gives voice to Traditional Owners by with eight PBCs to develop professional websites advocating for positive reforms that benefit the that represent their corporations and communities. native title process, and the Indigenous community more broadly.

South-East Queensland Tourism Initiative Primarily, QSNTS conducts this work through three channels: QSNTS was a founding partner of the South-East Queensland Tourism Initiative which launched • QSNTS itself, as an organisational function; in June 2017 to assist Traditional Owners in identifying and leveraging economic development • The QRBA; and opportunities in Indigenous tourism. The initiative • As a member organisation of the NNTC. is supported by key stakeholders, including the Queensland Tourism Industry Council, the University of Queensland, Indigenous Business Queensland Representative Body Australia and the Indigenous Land Corporation, and incorporates participation by Traditional Owner Alliance (QRBA) groups in Queensland’s south-east region. The QRBA is a strategic alliance of each of the NTRBs and NTSPs in Queensland. The QRBA Cultural Heritage was formed in 2013 and provides a forum for information and experience sharing, issue identification, strategy development and advocacy Although in its earliest stages of development, at a state level. QSNTS has undertaken consultation over the viability of a service that assists Traditional Owners The QRBA meets regularly, and is comprised of the with cultural heritage matters arising from the Chairpersons, CEOs and PLOs of: Aboriginal Cultural Heritage Act 2003 (Qld). A

41 | Queensland South Native Title Services • North Queensland Land Council; • Kimberley Land Council; • Cape York Land Council; • Native Title Services Victoria; • Torres Strait Regional Authority; • North Queensland Land Council; • Carpentaria Land Council Aboriginal • Northern Land Council; Corporation; and • NTSCorp; • QSNTS. • QSNTS; There are unique elements in the operating • South Australian Native Title Services; environment of each native title body’s • South West Aboriginal Land and Sea Council; jurisdiction, and an alliance at this level provides and a perspective of the breadth of native title issues across Queensland. The QRBA also enables • Yamatji Marpla Aboriginal Corporation. strong coordination of representative bodies to advocate common interests and address shared Acting in consultation with, and on behalf of these issues. Through the QRBA, NTRBs/NTSPs in groups, the NNTC actively engages in government Queensland engage with State Government and reviews and reform pathways to effect real change other organisations on a range of issues affecting that benefit Traditional Owners nationwide. the native title sector, and coordinate advocacy for legislative, policy and systems change. Reform Priorities in 2016-17 National Native Title Council (NNTC) In the 2016-17 reporting period, reform priorities for QSNTS autonomously and together with the QRBA Established in 2005, NNTC operates at a and NNTC included the following: national level as a unified coalition of NTRBs and NTSPs from across Australia, serving to identify, State Connection Guidelines explore and resolve challenges and obstacles faced by Traditional Owners in their pursuit of For much of 2016, the QRBA was working in native title outcomes. consultation with the State of Queensland to review its Connection Guidelines in respect of native title The NNTC is governed by a CEO and comprises a claims and connection material, finally settling the membership of 11 stakeholders, namely: matter early in the 2016-17 financial year. The Revised Connection Guidelines were inducted • Central Land Council; among industry research officers and consultant anthropologists at the Native Title Anthropology • Goldfields Land and Sea Council;

Annual Report 2016 – 2017 | 42 Conference on 10 November 2016. The guidelines implementing a new structure which serves to aim to streamline the connection assessment address three priority areas of reform for the benefit process, with flow-on effects extending to shorter of PBCs: economic matters, social and cultural timeframes for claim settlement and reduced matters, and administrative matters. As part of its consultant costs. new strategic direction, the NNTC has also laid plans to expand membership eligibility criteria to include PBC Directors. PBC Support Strategies Throughout the reporting period, QSNTS Regional Planning undertook a range of individual advocacy activities which collectively contributed toward the strategic Early in 2017, the Department of Infrastructure, direction of PBC support within the native title Local Government and Planning (DILGP) engaged sector, both at the state level and nationwide. QSNTS in regards to the new provisions of Activities include: the Planning Act 2016 (Qld), which prioritise consultation with Traditional Owners in the - The establishment of a project developed by development and implementation of government the QRBA in consultation with State Minister regional plans. In March and again in April 2017, for Natural Resources and Mines Dr Anthony the DILGP held workshops with Traditional Owners Lynham, aiming to settle a Schedule of Fees under QSNTS’ guidance, in order to carry out the which reflects the administrative costs borne aforementioned consultation process, and the by PBCs associated with processing notices resulting ShapingSEQ regional plan incorporating under the future acts regime; Traditional Owner feedback is scheduled for release in August 2017. - The establishment of the Deloitte Governance Project in conjunction with QSNTS, Deloitte, the Quandamooka Yoolooburrabee PBC and SEQ Indigenous Tourism Initiative the Kalkadoon PBC, which aims to test the With the Quandamooka People transitioning from findings from the Deloitte Review into Native a sand-mining economy to a broader service and Title Organisations against real-world case tourism economy, along with the development of studies; and the new Queens Wharf Precinct and the upcoming - Participation in the DPMC’s PBC Support Commonwealth Games, QSNTS commenced Strategy Forum in November 2016 and the the development of the SEQ Indigenous Tourism provision of a joint submission by QSNTS and Initiative in August 2016. A Coordinating the QRBA in regards to the DPMC’s PBC Committee to support the project was assembled Support Strategy Consultation Paper. in December 2016 and the first workshop with Traditional Owners was hosted in June 2017. The Notably, the NNTC has also turned its attention to workshop resulted in an accord to bring nominated PBC support functionality this year, progressively

43 | Queensland South Native Title Services representatives from Traditional Owner groups NAIDOC Week events were an overwhelming on board with the Coordinating Committee to success, with QSNTS staff engaging more than help guide the project and its future direction. 1,500 visitors collectively across both sites to share news, information and developments in the field of Native Title Act (ILUA) Bill native title in Queensland. In March 2017, the NNTC made a submission QSNTS stalls each featured colourful displays of and gave evidence before the Senate Legal and photographs from consent determinations made Constitutional Affairs Committee Inquiry into since 2011, as well as maps displaying the native title the Native Title Amendment (Indigenous Land claim areas within the QSNTS region of responsibility. Use Agreements) Bill 2017, which followed Children enjoyed the Indigenous art colouring-in station, the McGlade decision of the High Court of while parents and other visitors were given USB sticks Australia affecting Applicant unanimity on preloaded with the QSNTS Native Title Handbook ILUAs. The NNTC supported the Bill, which and the current map of native title claims. Feedback was then passed into law in June 2017. from both the Brisbane and Rockhampton events was positive, setting the pace for QSNTS’ next stalls at the STAKEHOLDER 2017 NAIDOC Week celebrations. ENGAGEMENT Centre for Native Title Anthropology Workshop On 10-11 November 2016, QSNTS, together with the Each year, QSNTS takes part in a variety of Australian Government Attorney General’s Department stakeholder engagement events and activities and the Australian National University, convened the designed to support Indigenous empowerment Native Title Anthropology Workshop in Brisbane, and advocate a stronger native title system. bringing together key stakeholder and practitioners to canvas emerging issues in native title research NAIDOC Week and anthropology. Day One of the Workshop acted as a launch pad for This year, QSNTS participated in NAIDOC the State’s Revised Connection Guidelines which were Week celebrations held on Friday, 9 July 2016, settled after extensive consultation with the QRBA, and hosting stalls at both the Musgrave Family Fun presentations also explored the challenges associated Day in Brisbane, and the Annual NAIDOC with ‘second generation’ issues, such as compensation Expo in Rockhampton. applications and applications to vary or revoke a native Centred on this year’s theme, ‘Songlines: title determination. The living narrative of our nation’, the 2016

Annual Report 2016 – 2017 | 44 Day Two acted as an internal workshopping exercise for QSNTS research officers and National Native Title Conference consultant anthropologists as part of the The 2017 National Native Title Conference was implementation of the IMD, covering how held on 5-7 June 2017 in line with celebrations anthropology will be encompassed in the new commemorating the 25th anniversary since the organisational structure and how research can High Court of Australia handed down its landmark be utilised both before and after a native title decision on Mabo, overturning the doctrine of determination has been made. terra nullius and paving the way for the native title recognition nationwide.

Mount Isa Refurbishment Held in Townsville and co-hosted by the Australian Institute of Aboriginal and Torres Strait Islander On 28 July 2016, QSNTS celebrated the opening Studies and the North Queensland Land Council, of its newly refurbished Mount Isa office with a the conference presented as a reflection upon the networking event for Traditional Owners and other impact of the Mabo judgement and featured over stakeholders to canvas new opportunities for self- 150 speakers covering native title issues in history, determination throughout the region. in the present, and in the future. Stakeholders attending the event included Among the speakers at this year’s Conference representatives from MMG, Mount Isa City Council was QSNTS CEO Kevin Smith, who presented and the Department of Housing and Public Works, on the ‘Fusion of Law and Politics’ and the impact as well as Traditional Owners and PBC Directors of both on Traditional Owners throughout history. from the Pitta Pitta, Kalkadoon, Yulluna, Bularnu PLO Tim Wishart, Regional Services Coordinator Waluwarra and Wangkayujuru, Mitakoodi and Mayi Rachel Bray and Consultant Eugine McKluskey Peoples, and the Wangkamahdla Nation. together showcased the QSNTS Native Title TraKS database to attendees at the conference, With several projects and other developments and DPLO Andrea Olsen also gave a presentation tabled for the Mount Isa region, the event served with Scott Singleton regarding the Australian to connect Traditional Owners with local Law Reform Commission’s recommendations for stakeholders pertinent to economic development, amendments to the NTA. potentially opening new partnerships leading to employment, community investment, and mutually

rewarding relationships.

45 | Queensland South Native Title Services CORPORATE REPORT

Annual Report 2016 - 2017 | 46 GOVERNANCE Statement of Main Corporate Governance Practices in Place

The QSNTS governance framework comprises of QSNTS Directors and Office Bearers as the following elements: at 30 June 2017:

• Legislative framework (Native Title Act 1993, Chairperson Corporations Act 2001) Colleen Wall • QSNTS Constitution; Deputy Chairperson • QSNTS Board Charter; Bradley Saunders • Board of Directors; • CEO and Executive Team; and Director • Management Team Bernie Yates

Director Michael Cawthorn

Director Pele Bennet

Director Selwyn Button

47 | Queensland South Native Title Services CORPORATE GOVERNANCE At the foundation of QSNTS’ governance structure is the QSNTS Constitution, which specifies that the objective of the company is to provide native title services to Traditional Owners of lands and waters in its region of responsibility.

The Constitution provides rules and regulations for internal governance, including instructions for the composition of the Board of Directors, which, at present, comprises six Directors (including the Chair and Deputy Chair), four of whom are of Aboriginal and/or Torres Strait Islander descent.

The Board is subject to a Code of Conduct, which stipulates the standards to be upheld by all Board members. A series of Governance Policies also entrench the role of the Board in relation to QSNTS, namely decision-making, strategic planning and delegation of responsibilities and authority to the CEO. Supporting the Board of Directors is a Governance Sub-Committee, which operates according to Terms of Reference and serves to monitor Board performance, as well as ensure its legal, ethical and functional obligations are being met.

Annual Report 2016 – 2017 | 48 Colleen Wall – Chairperson BOARD MEMBERS AS Colleen is the daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary AT 30 JUNE 2017 Beezley (nee Minniecon), and a Senior Dauwa Kabi Woman from the Mary tributaries. Colleen is knowledgeable in Aboriginal Land Law and cultural balance in healing through Ancestors, recognising the responsibility that grandmothers hold in maintaining this practice. She also acknowledges Mother Earth and respective Murang (Totems) as significant beings in maintaining balance in spiritual, physical and mental health, as well as the value of teaching children’s lore stories in developing healthy cultural growth among youth. Colleen is currently a Member of Family Law Council Australia and has presented an Aboriginal Child Rearing Practice paper to them. She also works to deliver cultural programs such as Black History Month for Brisbane City Council and the Clancestry Festival for the Queensland Performing Arts Centre. Currently, Colleen is working on a project documenting Aboriginal Grandmother’s Law for use in areas such as child protection and family law. Colleen is also currently developing an Indigenous Engagement Policy for Brisbane Power House.

Bradley Saunders – Deputy Chairperson A Regional Director of the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA), Bradley boasts significant experience leading complex organisations to implement and manage successful programs addressing human rights for Indigenous peoples in the areas of employment, education and training, child safety and housing in remote and rural Queensland. Bradley is a Gunggari (‘goon-gar-ee’) Aboriginal traditional owner from the Maranoa River region of Western Queensland who brings personal knowledge about Aboriginal and Torres Strait Islander customs and protocols, along with extensive experience negotiating with and for Aboriginal groups and leading Aboriginal organisations.

Top left: Colleen Wall, Top right: Bradley Saunders, Middle left: Bernie Yates, Middle right: Pele Bennet, Bottom left: Selwyn Button, Bottom right: Michael Cawthorn. 49 | Queensland South Native Title Services Bernie Yates – Director Selwyn Button – Director Born and raised in Broken Hill, Western New Selwyn is a Gunggari man raised in Cherbourg, South Wales, Bernie is a father of four and South West Queensland. Prior to his appointment grandfather of five who now hails from Canberra as Assistant Director-General, Indigenous in the Australian Capital Territory. He currently Education – State Schools in August 2014, Selwyn works part-time as a volunteer and a consultant, held the position of CEO to the Queensland with a focus on improving the capacity of both Aboriginal and Islander Health Council (QAIHC) Indigenous organisations and government agencies and was the Chairperson of the Aboriginal and to strengthen their working relationships and ability Torres Strait Island Community Health Service to achieve positive outcomes. Prior to retiring Brisbane Limited. A former teacher and police from the Australian Public Service, Bernie worked officer with the Queensland Police Service for in policy and service delivery areas for various approximately six years, Selwyn has also served Federal Government agencies, including Treasury as Director, Indigenous Health Policy Branch and Employment and Industrial Relations. Bernie with Queensland Health and worked within the moved into Indigenous affairs in the early 2000s, Department of Education and Training. Selwyn first with ATSIC and the then the Department is also a Director of The Lowitja Institute, Oxfam of Families, Housing, Community Services and Australia and has served on a variety of councils Indigenous Affairs (FaHCSIA). Before retiring, and committees, including the Queensland Bernie was involved in developing the Council of Indigenous Education Consultative Committee, Australian Governments’ Closing the Gap Strategy Queensland Council of Social Services and the and represented the Australian Government at the Queensland Aboriginal and Torres Strait Islander United Nations Permanent Forum on Indigenous Human Services Coalition. Affairs. He is also an independent director of an Aboriginal Medical Service in the Top End. Michael Cawthorn – Director Michael is from Melbourne and has lived in Alice Pele Bennet – Director Springs for the past twelve years. His professional Pele is a descendent of the Waggadaggam People experience includes working in museums and from St Paul’s Village on Moa Island in the Torres with Aboriginal Land Councils, specialising in Straits - Totemic association: Kadal (Saltwater native title research, cultural heritage management Crocodile) & Baidham (Tiger Shark). Born and and protection under various heritage legislation raised in Brisbane and now a proud member of the regimes, negotiation and land access agreement- region’s Indigenous community, Pele commenced making and advice in relation to repatriation her career as a trainee in hearing health and programs. Having served previously as Deputy has since worked within the health sector for Director of the Museum and Art Gallery of the approximately 16 years. Pele now sits on the board Northern Territory and the Strehlow Research as a Director of Queensland’s oldest community- Centre, as well as Vice President of Museums controlled health organisation, ATSICHS, and has Australia (Northern Territory), Michael now works maintained a clear sense of obligation to support as an independent consultant anthropologist. Aboriginal and Torres Strait Islander workers, families and communities, committing herself to better health outcomes and opportunities for to help them succeed in their life journeys. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, and certificates as a trainer/educator and mentor. Pele is also currently working toward a certificate-level qualification in company directorship.

Annual Report 2016 – 2017 | 50 Meeting Attendance

From the period from 1 July 2016 to 30 June 2017, Director attendance at Board meetings was as follows:

No. of No. of Meetings Directors Meetings Eligible Attended to Attend

Colleen Wall 4 2 (Chairperson)

Bradley Saunders 4 4 (Deputy Chairperson)

Michael Cawthorn 5 4 EXECUTIVE Bernie Yates 5 5 MANAGEMENT Pele Bennet 4 3 The QSNTS Executive Team consists of: Selwyn Button 4 2 • Mr Kevin Smith, CEO; • Mr Paul Davies, CFO; and • Mr Tim Wishart, PLO.

Kevin Smith – CEO Kevin is a descendant of the Meriam Peoples of the Torres Strait with traditional connections to Ugar (Stephen Island) and Erub (Darnley Island). Kevin has over 20 years’ professional experience in Indigenous affairs including senior positions with the National Secretariat of Torres Strait Islander Organisations, the Brisbane Aboriginal and Torres Strait Islander Legal Service, the NNTT, the NNTC and Aboriginal Hostels Limited. Notably, Kevin successfully led the amalgamation and incorporation of the former Gurang and greater Mount Isa region of Carpentaria Land Council areas into QSNTS in 2008. He holds qualifications in both law and business management from the University of Queensland, and was admitted as a solicitor in 1994.

Top Left: Kevin Smith, Top Right: Tim Wishart, Bottom Left: Paul Davies

51 | Queensland South Native Title Services Tim Wishart – PLO QSNTS maps its accomplishments in several ways. Tim has worked in legal practices for 28 years and The first is through the annual QSNTS Operational was admitted to practise as a solicitor in 1991. His Plan, which, in this reporting period, was provided legal background is predominantly in litigation and to the Department of Prime Minister and Cabinet commercial law. Tim was appointed as QSNTS’ on 26 May 2016. The Operational Plan comprises PLO in September 2011 and has been identified the QSNTS project plans relating to native title by Doyles Guide as a nationally leading native title claims and PBC support activities carried out by lawyer for the past two years. the organisation. Performance against the QSNTS Operational Plan is assessed by the Executive team Paul Davies – CFO on a quarterly basis, and a wider organisational performance report is submitted to the DPMC for Paul was admitted as a Certified Practicing review on a biannual basis. Accountant in 2003 after completing his studies at the Queensland University of Technology. Paul The second tool used for monitoring performance has acquired a range of experience in the public is the QSNTS Dashboard, which comprises a clear and not-for-profit sectors, both in Australia and and concise assessment of the tangible native title overseas. With eight years’ experience in native title outcomes QSNTS has assisted Traditional Owners working for both NTSP/NTRBs in Queensland, Paul to achieve during the lifetime of the organisation’s has the skills required to assist PBCs to develop strategic plan. The Dashboard presents data and maintain their corporate structures. pertaining to the native title determinations and other outcomes (such as ILUAs and alternative settlements) achieved for Traditional Owners, and PLANNING AND presents the organisation’s ongoing workload to assist in the development of the succeeding strategic plan. The 2013-2016 Strategic Plan REPORTING concluded as of 30 June 2017 after the Board approved a 12-month extension on its applicability, In this reporting period, QSNTS continued with and the associated Dashboard has assisted in the its long-term goals as described in the QSNTS development of the successive 2017-2021 Strategic Plan 2013-2016. This comprises five Strategic Plan. primary goals for QSNTS service delivery, which include: In this reporting period, QSNTS also conducted its first Client and Stakeholder Satisfaction Survey to 1. Providing high quality professional services gather feedback on performance, brand perception to secure native title or alternative settlement and where QSNTS services can be expanded or outcomes for Traditional Owners; improved for the benefit of Traditional Owners. 2. Establishing, developing and maintaining a This survey was conducted between August and leading dispute resolution capability; September 2016 and assisted to inform the QSNTS 3. Strengthening organisational capability and Services catalogue currently in development. reputation; 4. Developing and maintaining a support capability to enable PBCs to manage and maximise native title outcomes; and 5. Advocating to reform and improve the native title system through influencing policy, legislation and administrative processes.

Annual Report 2016 – 2017 | 52 RISK Operational Functionality As part of the organisational risk management strategy, QSNTS adopts a Corporate Policies MANAGEMENT and Procedures Manual which serves to minimise risk by standardising business functions and Governance service delivery in most areas, such as financial management, knowledge management, event Maintaining Board independence is crucial to the management and communications. In the 2016- fair and effective delivery of services by QSNTS. 17 reporting period, the Corporate Policies and To this end, all members of the QSNTS Board of Procedures Manual was updated and endorsed Directors are expected to abide by the QSNTS by the Executive team to reflect structural and Governance Policies and a Code of Conduct, while operational adjustments made in recent years. the disclosure of any real or perceived conflicts In addition to the Corporate Policies and of interests is a standing agenda item at each Procedures Manual, QSNTS has also developed a quarterly Board meeting. Supporting the Board of Legal Practice Manual, which was endorsed in the Directors is a Governance Sub-Committee, which 2016-17 financial year. The Legal Practice Manual operates according to Terms of Reference and extensively incorporates advice received from Darryl serves to monitor Board performance, as well as Rangiah QC (now an Honourable Justice of the ensure its legal, ethical and functional obligations Federal Court) and Justin Carter to protect against are being met. operational risks associated with the delivery of In the 2016-17 reporting period, the QSNTS Board legal services, such as conflicts of interest, waiving of Directors also supported an organisational professional privilege, and client confidentiality. move to establish an Audit and Risk Committee, which is bound by the terms of the Committee Charter. The Committee is charged with reviewing Data Protection and Retention the appropriateness of financial reporting, QSNTS adopts the use of an electronic data performance reporting, systems of risk oversight management system to manage operational and management, and systems of internal controls. documents from initial drafting to final disposal. In future, the Committee will also review QSNTS’ Following the transition from the Total Records financial statements and provide recommendations and Information Management (TRIM) system to the to the Board in respect of key findings. Hewlett Packard Records Management (HPRM) system in early 2015, QSNTS has retained its

Left: Regional Services Coordinator Rachel Bray and Community Relations Officer Richard Sporne at the Darumbal People’s consent determination hearing, Right: Guests at the refurbished Mount Isa office launch. 53 | Queensland South Native Title Services commitment to minimising risk through stringent In this reporting period, QSNTS has undertaken record keeping in accordance with the QSNTS extensive planning as a first step toward greater Corporate Policies and Procedures Manual. support for Traditional Owners in both the pre- and post-determination environments. In particular, HPRM encompasses controlled security protocols the establishment of the IMD underpinned minor that ensure files are securely stored and protected position description adjustments, and a change to preserve solicitor-to-client confidentiality and implementation plan is currently in development to eliminate potential conflicts of interest that may identify existing skills gaps and prioritise training for arise as a native title service provider working existing staff to address these. together across various native title matters. Documents can be linked and updated to In general, QSNTS endeavours to minimise the preserve consistency and facilitate sharing of risk of potential workplace disputes by ensuring information within relevant teams. compliance with relevant workplace laws, carrying out consultations with the representative union in QSNTS’ record management system ensures respect of employment conditions, and acquiring obligations are met in respect of information independent legal advice about employee relations discovery and regulatory requirements, when necessary. At present, all staff are employed consequently supporting organisational under the QSNTS Enterprise Agreement 2015-17, transparency and governance. Data is backed up which was accepted by the Fair Work Commission on a bi-weekly basis and stored in an external data on 19 August 2015 and governs all aspects of centre for salvation, preventing loss of corporate employment with QSNTS, including remuneration knowledge in the event of an incident affecting on- frameworks, leave entitlements, and ordinary site data management. employment conditions.

Human Resources Stakeholder Relationships

QSNTS operates in a dynamic environment that QSNTS recognises Traditional Owners as its most often requires a responsive approach to meeting important stakeholders, and endeavours to build the ebb and flow of operational demand that is and maintain client relationships that are positive, inherent to the native title sector. To ensure this empowered and long-lasting. To this end, QSNTS work is managed with minimal risk to clients and expects employees to maintain a high standard of to the organisation itself, QSNTS undertakes integrity, honesty and fair dealing, and to conduct ongoing workforce planning to address client themselves at all times so as to reflect positively needs as they arise. on the good standing and best interests of the organisation and its clients.

Left: CEO Kevin Smith and Board Director Bradley Saunders at the Mount Isa office reopening, Right: Participants at the SEQ Indigenous Tourism Initiative Workshop. Annual Report 2016 – 2017 | 54 It is a requirement among employees that cultural diversity be recognised and respected to provide culturally appropriate services that are EXTERNAL professional, accountable, collaborative and openly communicated. In pursuing this goal, QSNTS at all SCRUTINY times aims to: QSNTS commissions an independent auditor - treat all clients fairly and impartially; on an annual basis to undertake an audit of the financial statements and provide the Board - recognise and respect cultural and with a completion report which summarises any other diversity; key findings and recommendations. During this - provide explanations for required processes and reporting period, an independent annual financial standards, and present such explanations in a audit was conducted by PKF Di Bartolo Diamond & form clients can understand; Mihailaros and is appended to this report. - ensure clients are able to discuss decisions which affect them with someone who is able to understand and respond to their concerns; - listen to client suggestions for improvement to services and give serious consideration to all the suggestions QSNTS receives; and - collaborate meaningfully with a wide range of government, industry and other stakeholders to achieve the best outcomes for Traditional Owners.

These standards of service and organisational objectives are detailed in the QSNTS Policy and Procedure Manual, which is available to all employees on the company intranet and through the records management system. To ensure Traditional Owners enjoy the same respectful treatment during all interactions with the organisation, QSNTS also mandates cultural sensitivity training for employees shortly following commencement, and employees are assessed in accordance with the organisation’s ethical standards and values concurrently with regular performance reviews. Breaches of ethical standards are treated seriously and may result in appropriate disciplinary action.

In the event a Traditional Owner or Traditional Owner group is dissatisfied with a decision made by QSNTS or in the way they have been treated by QSNTS staff, they are at liberty to request an internal review under s 203BI of the NTA and in accordance with the QSNTS policy on handling complaints, which is available for public viewing on the QSNTS website.

55 | Queensland South Native Title Services HUMAN RESOURCES REPORT

Annual Report 2016 - 2017 | 56 WORKFORCE WORKFORCE PLANNING PROFILE, RETENTION QSNTS undertook significant work around AND TURNOVER workforce planning, including the amendment of the QSNTS Capability Framework and position descriptions to support the restructuring of services As at 30 June 2017, QSNTS has a workforce of for the implementation of the IMD. 57 staff with a profile as follows:

As part of this process, QSNTS conducted multiple Permanent 33 workshops with staff to review the changing nature Contract 24 of the organisation’s services and how various roles Casual 0 would be adjusted to support IMD-related services F/Time 52 into the future. Recruitment in this reporting period P/Time 5 was also tailored to allow for the different nature of the work, particularly in attracting new legal officers Male 26.3% to vacant positions within the organisation. Female 73.7% Indigenous 24.3% The change management process was reviewed TOTAL 57 in April and May of 2017 with results indicating a need for additional management structures to There were a total of seven exits during this ensure there was appropriate focus on the legal reporting period, which gives a turnover rate of work in the future acts and PBC area. A new 12.2%. Additionally, four staff on secondments DPLO role is also in development with recruitment to other teams or on fixed-term contracts were intended early in the coming financial year. confirmed as being permanent in their roles.

Left: Company Secretary Michelle McCann with Chair of the Board Colleen Wall, Right: QSNTS CEO Kevin Smith with Quandamooka Yoolooburrabee Aboriginal Corporation CEO Cameron Costello at the Fifth Anniversary of the 57 | Queensland South Native Title Services Quandamooka People’s consent determination. Notably, in July of 2016, QSNTS delivered an administrative traineeship to a trainee within its TRAINING AND Corporate Support team, which included training in a Certificate III in Business, as well as work DEVELOPMENT activities relevant to the training. The traineeship was completed in April 2017 and the trainee went QSNTS remains committed to providing training on to secure an administrative assistant position in and development opportunities for all of our staff. the QSNTS Corporate Support team. Excluding mandatory training, such as for safety and cultural awareness, a breakdown of training opportunities by business functions during this reporting period is as follows: ENTERPRISE AGREEMENT

Negotiations for the QSNTS Enterprise Agreement 2017-19 commenced in March 2017. Bargaining representatives included self-elected staff members and a CPSU bargaining team comprising two union members nominated by fellow CPSU union representatives. The QSNTS Enterprise Agreement 2017-19 will be filed in the Fair Work Commission in September 2017.

Legal (49.65%)

Research (18.36%)

Community and Client Relations (14.28%)

Corporate (10.23%)

Management (7.48%)

Left: Events Officer Erin Lang at the Mithaka People’s consent determination, Right: Legal Officer Craig Reiach at the Pitta Pitta People’s consent determination. Annual Report 2016 – 2017 | 58 Aside from training requirements identified to meet operational needs, there is also continual OCCUPATIONAL review of ‘whole of organisation’ training to support staff. The Having Difficult Conversations and HEALTH AND SAFETY Resilience training will continue to be rolled out for staff in the coming year, and Cultural Awareness QSNTS staff participated in information sessions training will again be offered two to three times in on good ergonomic practices and completed the coming year as part of mandatory procedures ergonomic assessments in September 2017, for new employees. carried out by Wesley Health at the Brisbane office. In the latter half of 2017 a management workshop QSNTS also continues to provide mandatory will be developed and rolled out to managers to First Aid and Four Wheel Drive (4WD) training for support the implementation of the new QSNTS operational staff. Enterprise Agreement 2017-19, ensuring consistency in practice around access to the LOOKING AHEAD: provisions of the agreement for all staff. HUMAN RESOURCES IN 2017-18

There will be a focus on change management and developing a workforce strategy across the rest of 2017 and into 2018 to support the QSNTS strategic plan currently in development, and in particular the transition to greater PBC support through the IMD.

QSNTS is committed to supporting the transition with relevant professional development to ensure staff are equipped to provide new services to clients. An individual skills audit will be undertaken in order to assess how to best resource the work and build capacity across all teams.

Left: Directors Brad Saunders and Pele Bennet with CEO Kevin Smith at the Darumbal People’s consent determinationa, Right: PLO Tim Wishart at the Boonthamurra People’s consent determination. 59 | Queensland South Native Title Services FINANCIAL REPORT

Annual Report 2016 - 2017 | 60 TABLE OF CONTENTS

Directors’ Report ...... 62

Auditor’s Independence Declaration ...... 67

Financial Report

Statement of Comprehensive Income...... 68

Statement of Financial Position ...... 69

Statement of Changes in Equity...... 70

Statement of Cash Flows ...... 70

Notes to the Financial Statements ...... 71

Directors’ Declaration ...... 80

Independent Audit Report ...... 81

Auditors’ Disclaimer of Additional Information...... 85

Additional Information ...... 86

61 | Queensland South Native Title Services DIRECTORS’ REPORT Queensland South Native Title Services Limited | ABN 88 114 581 556

Your directors present their report on the company for the financial year ended 30 June 2017.

Directors

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

Colleen Wall Bradley Saunders Michael Cawthorn Bernie Yates Pele Bennet Selwyn Button

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

Information on Directors

The information on directors is as follows:

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

Annual Report 2016 – 2017 | 62 Bradley Saunders (Deputy Chairperson) A Regional Director of the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA), Bradley boasts significant experience leading complex organisations to implement and manage successful programs addressing human rights for Indigenous peoples in the areas of employment, education and training, child safety and housing in remote and rural Queensland. Bradley is a Gunggari (goon-gar-ee) Aboriginal traditional owner from the Maranoa River region of Western Queensland who brings personal knowledge about Aboriginal and Torres Strait Islander customs and protocols, along with extensive experience negotiating with and for Aboriginal groups and leading Aboriginal organisations.

Michael Cawthorn (Director) Michael is from Melbourne and has lived in Alice Springs for the past fourteen years. He is a consultant anthropologist and Honorary Fellow with the Northern Institute, Charles Darwin University. Michael has a background working in museums, with government and Aboriginal land councils. His professional experience includes native title, material culture research, cultural heritage protection, negotiation and land access agreement making and research and advice in relation to repatriation programs. Michael was previously Deputy Director of the Museum and Art Gallery of the Northern Territory and the Strehlow Research Centre, and also served as Vice President of Museums Australia (NT).

Bernie Yates (Director) Since 2010, Bernie has worked part-time as a volunteer and a consultant, with a focus on improving the capacity of both Indigenous organisations and government agencies to strengthen their working relationships and ability to achieve positive outcomes. Prior to this, Bernie’s career was in the Australian Public Service working in policy and service delivery areas for various agencies, including Treasury and Employment and Industrial Relations. He moved into Indigenous affairs in the early 2000s, with ATSIC and the then Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Bernie was involved in developing the Council of Australian Governments’ Closing the Gap Strategy and represented the Australian Government at the United Nations Permanent Forum on Indigenous Affairs. He is also an independent director of an Aboriginal Medical Service in the Top End.

Pele Bennet (Director) Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits - Totemic association: Kadal (Saltwater Crocodile) & Baidham (Tiger Shark). Mother of four, Born and raised in Brisbane and is a proud member of the region’s Indigenous community, Pele currently works as A/Manager in the Department of Communities, Child Safety and Disability Services with an extensive career in the Health Sector. Pele commenced her career as a trainee health worker and built her career in the areas of Preventative health. Pele continued to work within government and the non-government sector for over 18 years. Previously employed at Queensland Aboriginal and Islander Health Council as General Manager in Capacity and Development and Director of the Aboriginal and Torres Strait Islander Community Health Service. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, and certificates as a trainer/educator and mentor. Pele joined the QSNTS Board in 2015.

63 | Queensland South Native Title Services Selwyn Button (Director) Selwyn is a Gunggari man raised in Cherbourg, South West Queensland. Prior to his appointment as Assistant Director-General, Indigenous Education – State Schools in August 2014, Selwyn held the position of CEO to the Queensland Aboriginal and Islander Health Council (QAIHC) and was the Chairperson of the Aboriginal and Torres Strait Island Community Health Service Brisbane Limited. A former teacher and police officer with the Queensland Police Service for approximately six years, Selwyn has also served as Director, Indigenous Health Policy Branch with Queensland Health and worked within the Department of Education and Training. Selwyn is also a Director of The Lowitja Institute, Oxfam Australia and has served on a variety of councils and committees, including the Queensland Indigenous Education Consultative Committee, Queensland Council of Social Services and the Queensland Aboriginal and Torres Strait Islander Human Services Coalition. Selwyn joined the QSNTS Board of Directors on 10 July 2015.

Meetings of Directors

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

Attendance at Board and Committee Meetings 1 July 2016 – 30 June 2017

DIRECTORS DIRECTORS’ MEETINGS Meetings Eligible to attend Meetings attended Colleen Wall (Chairperson) 4 2 Bradley Saunders (Deputy Chair) 4 4 Michael Cawthorn 5 4 Bernie Yates 5 5 Pele Bennet 4 3 Selwyn Button 4 2

Operating Results

The operating result for the financial year was a deficit of $467,994 (2016: surplus of $121,082). A large proportion of the deficit can be attributed to the impairment of the Mt Isa building in the amount of $289,377.

Principal Activity

The objects of the company are pursued by:

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

Annual Report 2016 – 2017 | 64 Objectives

QSNTS aims to assist traditional owners to realise their aspirations to land and waters through the provision of statutory services, capacity development initiatives and system reform. The short to medium term focus of the organisation is the preparation, prosecution, negotiation and settlement of current and prospective native title claims. Supporting this objective is the development of traditional owner capacity to understand the native title process throughout the claim process and continuing into the future following a determination. In addition, QSNTS performs advocacy of broader reform to achieve procedural and substantive outcomes that make the native title process more fair and equitable. QSNTS aims to expand the range of options available for the successful resolution of native title claims. To give effect to a substantial change to its funding agreement in 2015-16, QSNTS developed an internal strategy that included a major organizational restructure to expand its PBC support mechanisms by establishing the Implementation and Management Division (IMD).

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

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

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

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

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

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

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

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

The long term objective of QSNTS is to expand the range of statutory services to both native title claimants and native title holders to ensure that traditional owners can harness the economic and social opportunities associated with native title whilst protecting, practicing and preserving their culture, rights and interests to land and waters for present and future generations. It is the vision of QSNTS that through native title, we drive the achievement of Indigenous self-determination to redress the past, strengthen the present and empower the future.

65 | Queensland South Native Title Services Strategy for Achieving the Objectives

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

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

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

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

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

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

Director______Director______Colleen May Wall Bradley Saunders Dated: 26 October 2017

Annual Report 2016 – 2017 | 66 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

Auditor’s Independence Declaration

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

I declare that, to the best of my knowledge and belief, during the year ended 30 June 2017 there have been:

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

PKF Di Bartolo Diamond & Mihailaros

Ross Di Bartolo Partner

Dated: 26 October 2017

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

67 | Queensland South Native Title Services FINANCIAL REPORT Statement of Profit or Loss and Comprehensive Income for the year ended 30 June 2017

Notes 2017 2016 $ $

REVENUE

Revenue from ordinary activities 2(a) 11,802,490 11,288,173

EXPENSES

Consultancy costs (2,938,777) (2,205,095)

Employee benefits expense (5,748,048) (5,634,753)

Impairment loss (289,377) -

Meeting costs (333,797) (533,320)

Occupancy costs (488,876) (474,278)

Travel expenses (983,628) (946,901)

Other expenses from ordinary activities 2(b) (1,251,310) (1,140,279)

PROFIT/(LOSS) FROM ORDINARY ACTIVITIES (467,994) 121,082

OTHER COMPREHENSIVE INCOME - -

Net gain / (loss) on revaluation of non-current assets - -

TOTAL COMPREHENSIVE INCOME - -

PROFIT / (LOSS) ATTRIBUTABLE TO MEMBERS (467,994) 121,082

PARTNERS: Ross Di Bartolo B.A (Accounting). FCA George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

The accompanying notes form part of these financial statements

Annual Report 2016 – 2017 | 68 Statement of Financial Position for the year ended 30 June 2017

Notes 2017 2016 $ $

CURRENT ASSETS

Cash and cash equivalents 3 2,805,419 3,572,172

Trade and other receivables 4 286,412 210,688

TOTAL CURRENT ASSETS 3,091,831 3,782,860

NON-CURRENT ASSETS

Property, plant and equipment 5 1,177,179 1,455,904

TOTAL NON-CURRENT ASSETS 1,177,179 1,455,904

TOTAL ASSETS 4,269,010 5,238,764

CURRENT LIABILITIES

Trade and other payables 6 444,650 525,861

Provisions 7 898,472 732,658

Other Liabilities 8 621,911 1,181,713

TOTAL CURRENT LIABILITIES 1,965,033 2,440,232

NON-CURRENT LIABILITIES

Provisions 7 44,178 70,739

TOTAL NON-CURRENT LIABILITIES 44,178 70,739

TOTAL LIABILITIES 2,009,211 2,510,971

NET ASSETS 2,259,799 2,727,793

EQUITY

Retained earnings/(Accumulated losses) 2,259,799 2,727,793

TOTAL EQUITY 2,259,799 2,727,793

The accompanying notes form part of these financial statements

69 | Queensland South Native Title Services Statement of Changes in Equity for the year ended 30 June 2017

Retained Earnings Total Equity $ $

BALANCE AT 1 JULY 2015 2,606,711 2,606,711

Net Surplus for the year 121,082 121,082

Balance at 30 June 2016 2,727,793 2,727,793

BALANCE AT 1 JULY 2016 2,727,793 2,727,793

Net Surplus for the year (467,994) (467,944)

Balance at 30 June 2017 2,259,799 2,259,799

Statement of Cash Flows for the year ended 30 June 2017

Notes 2017 2016 $ $

CASH FLOW FROM OPERATING ACTIVITIES

Operating grant and funding receipts 12,037,887 12,212,723

Receipts from customers 178,262 66,558

Interest received 45,532 72,406

Payments to suppliers and employees (12,763,043) (11,960,034)

Net cash provided by/(used in) operating activities 12(b) (501,362) 391,653

CASH FLOW FROM INVESTING ACTIVITIES

Payment for property, plant and equipment (430,390) (315,397)

Proceeds from disposal of motor vehicles 164,999 85,509

Net cash used in investing activities (265,391) (229,888)

Net increase/(decrease) in cash held (766,753) 161,765

Cash at beginning of financial year 3,572,172 3,410,407

Cash at end of financial year 12(a) 2,805,419 3,572,172

The accompanying notes form part of these financial statements

Annual Report 2016 – 2017 | 70 Notes to the Financial Statements for the year ended 30 June 2017

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES

Queensland South Native Title Services Limited applies Australian Accounting Standards – Reduced Disclosure Requirements as set out in AASB 1053: Application of Tiers of Australian Accounting Standards.

The financial statements are general purpose financial statements that have been prepared in accordance with Accounting Standards – Reduced Disclosure Requirements of the Australian Accounting Standards Board (AASB) and the Corporations Act 2001. The company is limited by guarantee, incorporated and domiciled in Australia for financial reporting purposes under Australian Accounting Standards.

Australian Accounting Standards set out accounting policies that the Australian Accounting Standards Board has concluded would result in financial statements containing relevant and reliable information about transactions, events and conditions. Material accounting policies adopted in the preparation of these financial statements are presented below and are consistently applied unless otherwise stated.

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

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

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

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

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

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

Depreciation The depreciable amount of all fixed assets including buildings and capitalised leased assets, but excluding freehold land, are depreciated over their estimated useful lives to the company commencing from the time the asset is held ready for use. Properties held for investment purposes are not subject to a depreciation charge.

The accompanying notes form part of these financial statements

71 | Queensland South Native Title Services Leasehold improvements are amortised over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.

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

CLASS OF FIXED ASSET DEPRECIATION RATES/USEFUL LIVES DEPRECIATION BASIS

Plant & Equipment 25 – 40 % Straight Line

Motor Vehicles 12.5 % Straight Line

Furniture & Fixtures 5 – 10 % Straight Line

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

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

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

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

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

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

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

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

The accompanying notes form part of these financial statements

Annual Report 2016 – 2017 | 72 Notes to the Financial Statements for the year ended 30 June 2017

2017 2016 $ $ NOTE 2: PROFIT FROM ORDINARY ACTIVITIES Profit (losses) from ordinary activities has been determined after: (a) Revenue and Net Gains Grant funding 11,594,902 11,155,260 Interest Income 45,532 72,406 Other Income & Services 162,056 60,507 Total Income 11,802,490 11,288,173

(b) Other Expenses Loss on disposal of non-current assets 18,068 15,528 Board expenses 131,704 96,006

Insurances 60,634 57,105 Motor vehicle expenses 123,251 120,814 PBC direct funding 140,000 164,750 Photocopying & Printing 18,984 21,159 Repairs & Maintenance (incl minor equipment replacement) 166,973 114,659 Resources 57,614 32,713 Subscriptions 50,486 74,385 Telephone 214,162 244,062 Training & professional development 89,961 35,803 Other expenses 179,473 163,295

Total Expenses 1,251,310 1,140,279

NOTE 3: CASH & CASH EQUIVALENTS Cash on hand 160 115 Cash at bank 2,805,259 3,572,057 2,805,419 3,572,172

NOTE 4: TRADE AND OTHER RECEIVABLES Trade Receivables 223,022 131,456 Provision for doubtful debts (67,231) (69,066) Prepayments 130,621 148,298 286,412 210,688

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

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

2017 223,022 7,113 130,707 - 85,202 67,231 Trade Receivables

2016 131,456 3,650 36,889 1,798 89,119 69,066 Trade Receivables

2017 2016 $ $

NOTE 5: PROPERTY, PLANT AND EQUIPMENT

Land and Building – at cost 996,129 968,856 Less accumulated depreciation (496,129) (153,035) 500,000 815,821

Plant and equipment - at cost 532,697 703,742 Less accumulated depreciation (326,640) (555,345) 206,057 148,397

Motor vehicles - at cost 395,866 388,945 Less accumulated depreciation (21,674) (38,038) 374,192 350,907

Office equipment - at cost 320,892 305,079 Less accumulated depreciation (223,962) (164,300) 96,930 140,779 Total property, plant and equipment 1,177,179 1,455,904

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

Annual Report 2016 – 2017 | 74 Notes to the Financial Statements for the year ended 30 June 2017

Movements in Carrying Amounts Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the current financial year.

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

2017

Balance at the beginning of the year 815,821 148,397 350,907 140,779 1,455,904

Additions 27,273 132,291 255,014 15,812 430,390

Disposals - - (183,067) - (183,067)

Transfers between asset class (289,377) - (289,377)

Depreciation expense (53,717) (74,631) (48,662) (59,661) (236,671)

Carrying amount at end of year 500,000 206,057 374,192 96,930 1,177,179

2017 2016 $ $

NOTE 6: TRADE AND OTHER PAYABLES

CURRENT Trade creditors and accruals 214,783 373,160 Sundry creditors 229,867 152,701 444,650 525,861

NOTE 7: PROVISIONS CURRENT Employee benefits – Annual Leave & Time in Lieu Provision 460,937 395,355 Employee benefits – Long Service Leave Provision 437,535 337,303 898,472 732,658

NON CURRENT Employee benefits – Long Service Leave Provision 44,178 70,739 44,178 70,739

75 | Queensland South Native Title Services Notes to the Financial Statements for the year ended 30 June 2017

2017 2016 $ $

NOTE 8: OTHER LIABILITIES CURRENT Income in Advance – Unexpended Grant Funds 621,911 1,181,713

NOTE 9: RELATED PARTY TRANSACTIONS The names of directors who have held office during the financial year are: Colleen May Wall Bernie Yates Bradley Saunders Pele Bennet Michael Cawthorn Selwyn Button

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

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

NOTE 10: ECONOMIC DEPENDENCE Economic dependency exists where the normal trading activities of a company depends upon a significant volume of business. Queensland South Native Title Services Limited is dependent on grants received from the Department of the Prime Minister and Cabinet to carry out its normal activities.

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

NOTE 12: CASH FLOW INFORMATION (a) Reconciliation of cash Cash at the end of the financial year as shown in the statement of Cash Flows is reconciled to the related items in the statement of financial position as follows:

Cash on hand 160 115 Cash at bank 2,805,259 3,572,057 2,805,419 3,572,172

Annual Report 2016 – 2017 | 76 Notes to the Financial Statements for the year ended 30 June 2017

2017 2016 $ $

NOTE 12: CASH FLOW INFORMATION (Cont’d) Reconciliation of cash flow from operations with profit from ordinary activities after income tax

Profit/(Loss) from ordinary activities after income tax (467,994) 121,082 Non cash flows in profit from ordinary activities Depreciation 236,671 232,465 Impairment loss 289,377 Net (gain)/loss on disposal of property, plant and equipment 18,068 15,528 Provision for doubtful debts (1,835) 43,740 Changes in assets and liabilities (Increase)/decrease in prepayments 17,677 (62,472) (Increase)/decrease in trade receivables (91,566) (33,851) Increase/(decrease) in trade and other payables (81,211) 32,503 Increase/(decrease) in income in advance (559,802) (18,933) Increase/(decrease) in provisions 139,253 61,591 Cash flows from operations (501,362) 391,653

NOTE 13: FINANCIAL RISK MANAGEMENT (i) Financial Risk Management Policies The company’s financial instruments consist mainly of cash and deposits at bank, trade debtors and trade creditors. The Board of Directors assist the company in meeting its financial targets, whilst minimising potential adverse effects on financial performance. The total of each category of financial instruments, measured in accordance with AASB139 as detailed in the accounting policies to these financial statements are detailed below:

Financial Assets Cash and Cash Equivalents 2,805,419 3,572,172 Trade and Other Receivables 286,412 210,688 3,091,831 3,782,860

Financial Liabilities Trade and Other Payables 444,650 525,861 Financial Liabilities - - Income in Advance – Unspent Grant Funds 621,911 1,181,713 1,066,561 1,707,574

77 | Queensland South Native Title Services Notes to the Financial Statements for the year ended 30 June 2017

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

(iii) Liquidity Risk Liquidity risk arises from the possibility that the company might encounter difficulty in settling its debts or otherwise meeting its obligations related to financial liabilities. The association manages this risk through the following mechanisms:

• preparing forward looking cash flow analysis in relation to its operational, investing and financing activities; • maintaining a reputable credit profile; • investing only in surplus cash with major financial institutions; and • comparing the maturity profile of financial liabilities with the realization profile of financial assets.

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

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

NOTE 14: COMMITMENTS Operating Lease Commitments Non-cancellable operating rental lease on premises, at Level 10 307 Queens Street Brisbane and Level 5B 34 East Street Rockhampton, contracted for but not capitalized in the financial statements

2017 2016 $ $

Payable – minimum lease payments

Not later than 12 months 562,960 544,715 Between 12 months and five years 531,611 1,156,076 $1,094,572 $1,700,791

A security guarantee of $130,246 is held by the Bank as a commitment under the lease rental Agreement.

Annual Report 2016 – 2017 | 78 Notes to the Financial Statements for the year ended 30 June 2017

Research Consultancy Commitments Agreements have been entered into amounting to $717,580 involving future payments within the next 12 months for research, consultancy and corporate services.

Legal Expenditure Commitments Agreements have been entered into amounting to $161,710 involving future payments within the next 12 months for legal expenditure commitments.

NOTE 15: CONTINGENT LIABILITIES The company had no known contingent liabilities as at 30 June 2017.

NOTE 16: EVENTS SUBSEQUENT TO REPORTING DATE No matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the company, the results of those operations, or the state of affairs of the company in future financial years.

NOTE 17: COMPANY DETAILS The registered office of the company is: Queensland South Native Title Services Limited Level 10, 307 Queen Street BRISBANE QLD 4000

Date of Incorporation: 2 June 2005

79 | Queensland South Native Title Services Directors’ Declaration

The directors of the company declare that: w1. The financial statements and notes, as set out on pages 68 to 79 are in accordance with the Corporations Act 2001: (a) comply with Accounting Standards and the Corporations Regulations 2001; and (b) give a true and fair view of the financial position as at 30 June 2017 and of the performance for the financial year ended on that date of the company.

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

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

Director______Director______Colleen May Wall Bradley Saunders

Dated: 26 October 2017

Annual Report 2016 – 2017 | 80 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

Independent Audit Report to the Members of Queensland South Native Title Services Limited for the year ended 30 June 2017

REPORT ON THE AUDIT OF THE FINANCIAL REPORT

Opinion We have audited the accompanying financial report of Queensland South Native Title Services Limited (the Company), which comprises the statement of financial position as at 30 June 2017, the statement of profit or loss and comprehensive income, statement of changes in equity and cash flow statement for the year ended on that date, notes comprising a summary of significant accounting policies, other explanatory notes and the Directors’ declaration of the financial statements giving a true and fair view of the financial position and performance of the Company.

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

i. gives a true and fair view of the Company’s financial position as at 30 June 2017 and of its financial performance and its cash flows for the year ended on that date; and

ii. complying with Australian Accounting Standards – Reduced Disclosure Requirements and the Corporations Regulations 2001.

Basis for Opinion We conducted our audit in accordance with Australian Auditing Standards and the requirements of the Corporations Act 2001. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Report section of our report. We are independent of the Company in accordance with the requirements of the Australian professional ethical pronouncements. We believe the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

81 | Queensland South Native Title Services Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

Independent Audit Report to the Members of Queensland South Native Title Services Limited (Cont’d) for the year ended 30 June 2017

Other Information The directors are responsible for Other Information in the annual report. The Other Information we obtained prior to the date of this Auditor’s Report was the Director’s Report; no Other Information will be provided. Our opinion on the Financial Report does not cover the Other Information and, accordingly, the auditor does not and will not express an audit opinion or any form of assurance conclusion thereon. In connection with our audit of the Financial Report, our responsibility is to read the Other Information. In doing so, we consider whether the Other Information is materially inconsistent with the Financial Report or our knowledge obtained in the audit, or otherwise appears to be materially misstated. We are required to report if we conclude that there is a material misstatement of this Other Information in the Financial Report and based on the work we have performed on the Other Information that we obtained prior the date of this Auditor’s Report we have nothing to report.

Board’s Responsibility for the Financial Report The board of the Company is responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards – Reduced Disclosure Requirements and the Corporations Act 2001. This responsibility includes designing, implementing and maintaining internal control relevant to the preparation and fair presentation of the financial report that is free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances.

In preparing the financial report, the board is responsible for assessing the Company’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the Board intends to wind up the Company or to cease operations, or has no realistic alternative but to do so.

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

Annual Report 2016 – 2017 | 82 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

Independent Audit Report to the Members of Queensland South Native Title Services Limited (Cont’d) for the year ended 30 June 2017

Auditor’s Responsibility for the Audit of the Financial Report Our responsibility is to express an opinion on the financial report based on our audit. Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion.

Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial reports.

The procedures selected depend on the auditor’s judgement, including assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation of the financial report that gives a true and fair view in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of 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 conclude on the appropriateness of the Board’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the registered entity’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial reports or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to date of our auditor’s report. However, future events or conditions may cause the registered entity to cease to continue as a going concern.

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

83 | Queensland South Native Title Services Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

Independent Audit Report to the Members of Queensland South Native Title Services Limited (Cont’d) for the year ended 30 June 2017

We evaluate the overall presentation, structure and content of the financial report, including the disclosures, and whether the financial report represents the underlying transactions and events in a manner that achieves fair presentation.

We obtain sufficient appropriate audit evidence regarding the financial information of the registered entity to express an opinion on the financial report. We are responsible for the direction, supervision and performance of the audit. We remain solely responsible for our audit opinion. We communicate with the Directors regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.

We communicate with the board, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant audit deficiencies in internal control that we identify during our audit.

PKF Di Bartolo Diamond & Mihailaros

Ross Di Bartolo Partner

Dated: 26 October 2017

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

Annual Report 2016 – 2017 | 84 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

Disclaimer to the Members of Queensland South Native Title Services Limited for the year ended 30 June 2017

The additional financial data presented on page 85 is in accordance with the books and records of the company which have been subjected to the auditing procedures applied in our statutory audit of the company for the financial year ended 30 June 2017. It will be appreciated that our statutory audit did not cover all details of the additional financial data. Accordingly, we do not express an opinion on such financial data and we give no warranty of accuracy or reliability in respect of the data provided. Neither the firm nor any member or employee of the firm undertakes responsibility in any way whatsoever to any person (other than Queensland South Native Title Services Limited) in respect of such data, including any errors of omissions therein however caused.

PKF Di Bartolo Diamond & Mihailaros

Ross Di Bartolo Partner

Canberra

Dated: 26 October 2017

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

85 | Queensland South Native Title Services Detailed Profit and Loss For the Year Ended 30 June 207 for the year ended 30 June 2017

2017 2016 $ $ INCOME Grant funding 11,594,902 11,155,260 Interest Income 45,532 72,406 Other Income and Services 162,056 60,507 Total Income 11,802,490 11,288,173

LESS EXPENSES Audit fees 26,207 26,761 Advertising 137,413 251,794 Bad debts written off 18,162 - Bank charges 11,682 9,645 Board fees & associated expenses 131,704 96,005 Catering, venue hire & meetings 208,232 290,072 Computer expenses & IT Support 269,577 118,365 Consultancy fees - anthropological 920,087 890,670 Consultancy fees - legal 1,129,658 933,224 Consultancy fees – research & facilitators 45,800 68,591 Consultancy fees – other 203,266 16,305 Corporate expenses 241,783 46,278 Depreciation 236,671 232,465 Impairment loss 289,377 - Insurance 60,634 57,105 Loss on sale of non-current assets 18,068 15,528 Mapping & Resources 57,614 32,712 Motor vehicle expenses (incl vehicle hire) 123,251 120,814 Office expenses 67,573 57,215 Other general expenses 58,470 42,850 PBC direct funding 140,000 164,750 Postage 48,594 43,105 Printing and photocopying 18,984 21,159

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

Annual Report 2016 – 2017 | 86 Detailed Profit and Loss For the Year Ended 30 June 207 for the year ended 30 June 2017

Provision for doubtful debts (1,835) 33,178 Rent 412,859 402,368 Repairs, maintenance and minor replacements 166,973 114,659 Salaries and on costs 5,290,788 5,168,840 Subscriptions 50,486 74,385 Superannuation 457,260 465,913 Telephone & communications 214,162 244,062 Training & professional development 89,961 35,803 Traveling & accommodation expenses (incl consultant travel) 1,127,023 1,092,470 TOTAL EXPENSES 12,270,484 11,167,091

OPERATING SURPLUS/(LOSS) (467,994) 121,082

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

87 | Queensland South Native Title Services