NTSCORP LIMITED ANNUAL REPORT 2010/2011 ABN 71 098 971 209
Contents 1 Letter of Presentation 2 Chairperson’s Report 4 CEO’s Report 6 NTSCORP’s Purpose, Vision & Values 8 The Company & Our Company Members 10 Executive Profiles 12 Management & Operational Structure 14 Staff 16 Board Committees 18 Management Committees 23 Corporate Governance 26 People & Facilities Management 29 Our Community, Our Service 30 Overview of NTSCORP Operations 32 Overview of the Native Title Environment in NSW 37 NTSCORP Performing the Functions of a Native Title Representative Body 40 Overview of Native Title Matters in NSW & the ACT in 2010-2011 42 Report of Performance by Matter 47 NTSCORP Directors’ Report
NTSCORP LIMITED
Letter of presentation
The Hon. Jenny Macklin MP Minister for Families, Housing, Community Services and Indigenous Affairs Parliament House CANBERRA ACT 2600 Dear Minister, RE: 2010–11 ANNUAL REPORT In accordance with the Commonwealth Government 2010–2013 General Terms and Conditions Relating to Native Title Program Funding Agreements I have pleasure in presenting the annual report for NTSCORP Limited which incorporates the audited financial statements for the financial year ended 30 June 2011. Yours sincerely,
Michael Bell Chairperson NTSCORP
NTSCORP ANNUAL REPORT 10/11 – 1 Chairperson's Report NTSCORP LIMITED
CHAIRPERSON’S REPORT
The Company looks forward to the completion of these and other On behalf of the directors agreements in the near future. NTSCORP is justly proud of its involvement in these projects, and in our ongoing work to secure and members of NTSCORP, I the acknowledgment of Native Title for our People in NSW. would like to acknowledge I am pleased to acknowledge the strong working relationship with the NSW Aboriginal Land Council (NSWALC). Working under an my Ngunnawal and Gomeroi MOU signed in 2009, NTSCORP and NSWALC have collaborated to advocate strongly for the rights of Aboriginal people in NSW, Elders, other Elders, Native and achieved positive outcomes in relation to cultural fishing and Title groups and community the ongoing work for reform of cultural heritage laws in NSW. I am also pleased to acknowledge our ongoing good relationship groups of our representative with the Department of Families, Housing, Community Services area, and welcome you to and Indigenous Affairs (FaHCSIA). After welcoming several new Member-Directors and Non- the NTSCORP annual report Member-Directors to the Board last year, the past 12 months have been a time of consolidation and stability of membership for 2010–11. at the Board level. This has allowed us to focus our energies on developing a strong foundation for future initiatives. The reporting period for the year 2010–11 has once again seen our Company respond to the many challenges presented to us Our purpose is to be and remain a strong and dynamic Aboriginal with positivity, professionalism and determination. The Board, organisation which acts to protect the traditional rights and Management Leadership Team and staff have achieved a number interests of Aboriginal Communities. In order to do so, we of gains and the consolidation of a number of projects for our recognise the need to evolve to be ready to meet the challenges clients, the Traditional Owners of the lands, seas and waters of and opportunities of pre – and post-native title environments. NSW and the ACT. NTSCORP is committed to supporting Traditional Owner In this environment, the Company has been able to achieve the communities to establish themselves as a social, cultural, political following significant outcomes throughout the year: and economic force within their regions; able to take advantage of opportunities for wealth creation. • A highly successful ‘On-Country’ hearing under the auspices of the NNTT was held with Yaegl People and the State of I would like to thank our CEO, Mr Warren Mundine, for his hard NSW in May 2011. We hope that this will ultimately lead to work, dedication and perseverance with regard to native title a successful resolution of the Yaegl matters, including the issues. I would particularly like to thank the Board of Directors for formal recognition of Yaegl People’s traditional rights and their continued faith in me as the Chairperson of the Company. interests in the lower Clarence River. This recognition of It is my firm belief that the Company has the capacity, integrity rights over water will be the first of its kind in NSW. and expertise to pursue our vision; a vision articulated by the • An agreement between the Worimi and Birpai People of Aboriginal people of the Board and staff. Forster Tuncurry, the Lakkari Traditional Owner Aboriginal Corporation and the State which provides for the settlement It is these attributes that allow us to view the future positively; a of the native title application over the land, and is also the future that can only be enhanced by the willingness of all levels first of its kind in the NSW. of government as well as other key stakeholders to negotiate positive outcomes for our People, in a spirit that provides • Significant agreements have been made between Aboriginal communities and claimants with genuine respect, opportunity and groups on the far north coast of NSW. These will pave the above all, equity for everyone involved in the application of native way for new native title applications to be filed and for the title legislation throughout Australia. traditional rights and interests of those communities to be recognised and protected. • The substantial progression of a number of matters towards conclusion including native title applications by the Tubba- Gah People, Gumbayngirr People (Warrell Creek) and Gumbayngirr People (Boney Witt). Michael Bell • Internally, the implementation of a Company-wide Chairperson Strategic Plan.
2 – NTSCORP ANNUAL REPORT 10/11 ChNTSCORPairperson LIMITED's Report Chairperson's Report
NTSCORP ANNUAL REPORT 10/11 – 3 Chairperson's Report NTSCORP LIMITED
4 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED CEO's Report
CEO’S REPORT
This year, we were pleased to move into new premises. Located On behalf of the in the heart of Sydney’s Aboriginal community in Redfern, the management and staff new NTSCORP offices provide our staff with a modern work environment, adequate onsite work and storage space, and an of NTSCORP, I acknowledge open-plan layout with meeting areas to encourage a collaborative, team-based approach to our work. We are pleased to be able to my Bundjalung Elders, and offer this facility to our staff and clients and to maintain strong the Elders and Traditional ties to the Redfern community. Our people continue to be our greatest strength, and we are Owners of NSW and the ACT, fortunate to have recruited a number of new members who bring specialised skills and knowledge in several key areas of focus and welcome you to the to the Company, including lawyers, researchers and community NTSCORP annual report facilitators. I am also pleased to report that we have continued to provide for 2010–11. career development opportunities, with a number of internal promotions, including the promotion of three women to senior This year has seen NTSCORP continue to work with dedication management positions: Ms Natalie Rotumah as Manager and innovation to deliver solid outcomes for our clients. We have Operations Group, Ms Mishka Holt as Principal Solicitor and achieved some great results, including a landmark agreement Ms Hema Hariharan who has returned to NTSCORP to take up between the Worimi and Birpai People of Forster Tuncurry, the the newly created role of Strategic Development Manager. This Lakkari Traditional Owner Aboriginal Corporation and the State demonstrates NTSCORP’s commitment to promoting women, concerning the compulsory acquisition and development of and especially Aboriginal women. Three of the five Management land in Tuncurry on the mid-north coast; mining agreements for Executive positions are held by women, one by an Aboriginal the Ngiyampaa People at Canbelego; and significant progress woman. Overall, two thirds of NTSCORP’s staff is female and towards the resolution of claims around the State. more than a quarter are Aboriginal. The figures are also reflected at Board level, where five of the twelve Company Directors are Our team has also undertaken significant preparatory work leading women, four Aboriginal. to the authorisation of new native title applications over the land and waters of the Gamilaroi/Gomeroi People, the Ngiyampaa/Ngemba We are committed to building strong working partnerships with People and the Western Bundjalung People. our stakeholders and continue to actively engage as advocates in the broader policy development process, through our ongoing As a Company, we are deeply committed to reinvigorating Traditional work with the Commonwealth, NSW and ACT governments and Owner nations, protecting their rights and interests, and working their agencies, industry stakeholders, and other Aboriginal and to build their capacity to manage and develop their land and the native title organisations on a broad range of issues that affect economic opportunities that flow from their Country and their culture. native title and the Traditional Owners and their communities in By upholding their rights, we can help achieve our purpose to deliver NSW and the ACT, and around Australia. social justice and economic, cultural and social independence for the Traditional Owners of the lands, seas and waters. I would like to thank all the staff and Company Directors for their hard work over the past year. Our sights are now firmly fixed on The past year has also seen a solid focus on strong financial the future and ensuring that NTSCORP has the capacity to meet controls and refining and implementing the Company’s Strategic the needs of our clients, pursue strategic activity and deliver solid Plan, ensuring that we continue to align our resources with our outcomes for many years to come. I am pleased to commend this key objectives and secure the financial stability of the Company annual report to you. to carry it into the future. The Strategic Plan is a comprehensive document covering both operational and management goals that is underpinned by a focus on meeting the needs of Traditional Owners; and providing professional support services to native title claim groups and their entities. Services such as policy and governance, community planning Warren Mundine and development, agreement management, and economic and Hon.DUniv (Sthn Cross) FAIM MAICD business development result in sustainable communities. By enhancing the capacity of native title claim groups to negotiate Chief Executive Officer and Company Secretary their rights, interests and aspirations with the State and other stakeholders, we will support the development of strong local and regional Aboriginal structures that are recognised and respected by the wider community.
NTSCORP ANNUAL REPORT 10/11 – 5 6 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED NTSCORP PURPOSE, VISION AND VALUES
NTSCORP PURPOSE, VISION AND VALUES
Our vision is to achieve social justice and economic, cultural and social independence for Aboriginal communities through assisting Traditional Owners of lands, seas and waters. Our purpose is to be and remain a strong, dynamic Aboriginal organisation which acts to protect the traditional rights and interests of Aboriginal Communities. Our values are the foundation of our actions. They are: • Respect for Elders and members of Aboriginal Communities; • Commitment to achieve positive outcomes for our clients and Aboriginal Communities; • To work collaboratively with Aboriginal Communities; • To act in an honest, fair, transparent and accountable manner; • To provide professional and efficient performance of our function; • To provide a safe, trusting and respectful work environment; and • To encourage and support Aboriginal employment.
NTSCORP ANNUAL REPORT 10/11 – 7 THE COMPANY AND OUR COMPANY MEMBERS NTSCORP LIMITED
THE COMPANY AND OUR COMPANY MEMBERS
The Board of Directors: NTSCORP is a public company An interim Board of Directors was established when the Company limited by guarantee. was formed on 5 December 2001. The interim Board served the Company until 30 October 2002 when a permanent Board of It was incorporated on Directors was established. The Board operates in accordance with the Corporations 5 December 2001. Act 2001, (the Corporations Act) the Native Title Act and the NTSCORP operates primarily as a Native Title Service Provider. Company’s constitution. The Board is enabled to ensure that the Its core funding is provided by the Commonwealth Government Company’s business is carried out under its direction. through the Department of Families, Housing, Community The Board is served by Member-Directors and Non-Member- Services and Indigenous Affairs (FaHCSIA) in accordance with Directors. The functions of both groups of Directors are as section 203FE of the Native Title Act 1993 (Cth) (the Native follows: Title Act). This funding allows the Company to provide services to Traditional Owners, specifically to assist them in exercising their Member-Directors: Following changes to the Company’s legal rights under the Native Title Act. constitution in 2007, all Members are Member-Directors. Members are appointed every two years at the Company’s annual Robust corporate governance is vital to NTSCORP’s operation general meeting. Member-Directors have the full rights and and allows us to better deliver services to our clients. The privileges of a Company Director. There are to be no more than Company’s constitution is regularly reviewed to reflect our ten (10) Member-Directors at any one time. A quorum consists of commitment to open, transparent and efficient governance. four (4) Member-Directors. Non-Member-Directors: Non-Member-Directors of the Company are appointed by the Board of Directors. The purpose of Chairperson: Non-Member-Directors is to contribute professional and technical Mr Michael Bell was elected the inaugural Chairperson of expertise to assist the Board in its decision making. There are NTSCORP on 3 May 2005 and has continued to serve the to be no more than three (3) Non-Member-Directors at any Company in this capacity since that date. time. Non-Member-Directors enjoy the rights and privileges of a Company Director except for voting rights. Deputy Chairperson: The Board currently comprises twelve (12) Directors: nine (9) Member-Directors and three (3) Non-Member-Directors. More Mr Jim Wright was elected as the inaugural Deputy Chairperson detailed biographical information about NTSCORP’s Directors on 6 June 2005 and has continued to serve the Company in this can be found in the Directors’ Report. capacity since that date.
Company Secretary: The Chief Executive Officer, Mr Warren Mundine, serves as the Company Secretary.
8 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED THE COMPANY AND OUR COMPANY MEMBERS
Fig 1. The diagram below shows the operational structure of the Board
Company Members as Representatives of Traditional Owners
Board of Directors
Chief Executive Officer & Company Secretary
Board People, Board Audit & Performance & Risk Management Nomination Committee Committee
NTSCORP ANNUAL REPORT 10/11 – 9 EXECUTIVE PROFILES NTSCORP LIMITED
EXECUTIVE PROFILES
Warren Mundine Natalie Rotumah Warren Mundine is the Chief Executive Officer of NTSCORP and Natalie Rotumah is the Manager, Operations Group and Head of a longstanding advocate for Indigenous economic development. Community Relations. She manages the Community Facilitation unit within NTSCORP. Warren is a Doctor of the University (honoris causa) (Southern Cross University). He is a Member of the Australian Institute of A Bundjalung woman originally from South Tweed Heads, Natalie Management and the Australian Institute of Company Directors. has worked at NTSCORP since 2002 and most recently held Warren is also Chairman of the Australian Indigenous Chamber of the position of NTSCORP’s Deputy Group Manager, Projects. Commerce, and was involved in the development of the Australian She also previously served as a NSWALC Regional Chair, and Employment Covenant as an executive of the steering committee. currently sits as the Deputy Chair of the NSW Government’s In 2008, he was appointed by the Prime Minister to the Australian Aboriginal Fishing Advisory Council and on the NSW Natural Government’s National Policy Commission – Indigenous Housing Resources Advisory Committee. Committee. Warren is the Chair of both of NAISDA Limited and NSW Labor’s Indigenous Policy Committee. He is an Executive Member of Petra Fowler the National Native Title Council, a Director of the Australian Petra Fowler was appointed Manager Corporate Group in Indigenous Education Foundation, a Member of the Southern February 2010, and managed the Finance, People & Facilities Cross University Foundation, Ambassador for the Song Room and and Corporate Affairs units of NTSCORP. Indigenous Ambassador for the Australian Football Federation. Petra has a wealth of experience in finance and corporate Previous roles include the National President of the Australian services in the local government, trade union and banking Labor Party; Chair of NSW Country Labor; and membership of the sectors. Petra commenced work at NTSCORP in October 2008 NSW Attorney General’s Juvenile Crime Prevention Committee, as the Executive Services Manager and was then promoted to NSW PCYC State Board and IAG’s Expert Community Advisors Corporate & Executive Services Manager. She resigned in Committee. He has also had considerable involvement in local J u n e 2 011. government through a number of roles including Deputy Mayor of Dubbo, President of the NSW Local Government Aboriginal Network, Executive Member of the Local Government Association of NSW, and as a commissioner with the NSW Local Government Grants Commission.
Ken Lum Ken Lum is the Manager Projects Group and has been employed by NTSCORP since its inception in 2001. Ken oversees the Company’s historical and anthropological research. Ken holds a PhD in anthropology (University of Queensland). He has 20 years experience in Aboriginal land rights and worked in the Northern Territory for 10 years as a research anthropologist for the Northern Land Council. He was later employed by NSWALC as the Principal Research Anthropologist (Native Title Unit) before moving to NTSCORP (then NSWNTS). His previous positions at NTSCORP were Head of Research and Head of Operations.
10 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED EXECUTIVE PROFILES
Mishka Holt Hema Hariharan Mishka Holt was appointed as the Principal Solicitor for the Hema Hariharan was appointed Manager, Strategic Development Company in December 2010, having joined the Company’s Legal in February 2011. She manages the newly formed Strategic Group in January 2005. She manages the Legal Group and Development Team. Hema originally joined NTSCORP as a native is the solicitor on the record in the Federal Court of Australia title claims solicitor within the Legal Group in 2007. Since then for native title applications brought by Traditional Owners she has worked in Hong Kong and in the Kimberley as a future represented by NTSCORP, as well as the solicitor on the record acts solicitor for the Kimberley Land Council dealing specifically for all other matters in which the Company acts. in mining related matters. Hema has a wealth of experience in negotiating a range of agreements, including those involving Mishka holds a Bachelor of Laws and a Bachelor of Arts mineral, hard rock, petroleum and gas exploration; heritage (History) (UNSW) and has nine years’ experience in native title, protections and native title agreements and resources extraction mining and administrative law. Prior to joining NTSCORP, Mishka agreements throughout the Kimberley. Prior to working in native was a Case Manager at the National Native Title Tribunal and an title, Hema was a contracts lawyer for a multinational company accredited Mediator and Project Manager with the Community based in Sydney. Justice Centre at the NSW Attorney General’s Department. In that capacity she was also the Executive Officer of the Professional Reference Group and the Quality Management Services Review Committee.
NTSCORP ANNUAL REPORT 10/11 – 11 MANAGEMENT AND OPERATIONAL STRUCTURE NTSCORP LIMITED
MANAGEMENT AND OPERATIONAL STRUCTURE
The CEO is responsible for the appointment of staff to meet the strategic objectives and operational plans of the Company. The Management Leadership Team is responsible for the day-to-day operations of the Company and reports to the CEO. NTSCORP regularly reviews its goals against the Company’s structure, budgets and operational plans to ensure that the services provided to clients are of a high quality, and that the Company maintains the capacity to meet its strategic objectives in an efficient and effective manner. In 2011, a number of important improvements were made to augment the Company’s ability to deliver its strategic objectives and services to its clients, one of which was a restructuring of the Company into three groups: Corporate, Projects and Operations. The Corporate Group facilitates the smooth and efficient running of the Company’s administration, corporate policy, facilities, human resources, records and IT management, financial management, external relations, culture and communications. The Corporate Group consists of the People & Facilities, Finance and Corporate Affairs teams. The Operations Group is responsible for the case management of native title claims, client and community facilitation and in-house legal services to the Company. The Operations Group consists of the Community Facilitation and Legal teams. The Projects Group manages strategic business and community development projects, land, anthropological and historical research, and Prescribed Bodies Corporate (PBC) and future acts coordination. The Projects Group consists of the Research and Strategic Development teams. The creation in 2011 of a dedicated Strategic Development Team reflects the Company’s focus on strategic and integrated realisation of social, cultural and economic development outcomes for our clients in the current and post-native title environments.
12 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED MANAGEMENT AND OPERATIONAL STRUCTURE
Fig 2. The diagram below shows the operational structure of the Company as at 30 June 2011
BOARD OF DIRECTORS
WARREN MUNDINE Chief Executive Officer & Company Secretary
JANNALI BRIGGS Personal Assistant to Warren Mundine CEO
COMPANY SOCIAL PLANNING & COMMITTEE BUDGETARY COMMITTEE
PROJECTS GROUP CORPORATE GROUP OPERATIONS GROUP
KEN LUM VACANT NATALIE ROTUMAH Manager Projects Group Manager Corporate Group Manager Operations Group
HEMA HARIHARAN MANJU SAINI KARINA RADOWSKI MICHAEL BENNETT MISHKA HOLT NEVILLE KIM Manager Strategic Finance Manager People & Historian Principal Community Development Facilities Manager Solicitor Facilitator
PETER SCHULTZ SAM CHERIAN TENISHA LAWRENCE NICOLE JEMIMA BIANCA MORRIS Senior SIMON CORREY Assistant Administrative Assistant COURTMAN McCAUGHAN Assistant Community Consultant Land Anthropologist Accountant Senior Solicitor Senior Solicitor Facilitator & Notifications
GEORGE TONNA JAMES ROSE DANIELLE SANDOR LAURA TYSON MORRIS Senior Consultant, Consultant BEVINS-SUNDVALL RUDOLPH GARLAND Assistant Community Land & Anthropology Corporate Affairs Solicitor Solicitor Facilitator Notification Manager
ANUPAM SHARMA NATALIE RUGIANO VACANT SANTIAGO JENNIFER ANNIKA ROTUMAH Consultant Research Assistant Corporate Affairs DE SILVA BRIGHTLING Assistant Community Research & Assistant Solicitor Law Graduate Facilitator Notifications
CARLA MERINDA VACANT VACANT VACANT DI GIUSTO DUTTON Paralegal Paralegal Paralegal Paralegal Paralegal
NTSCORP ANNUAL REPORT 10/11 – 13 STAFF NTSCORP LIMITED
Position Employee Executive Team STAFF CEO and Company Secretary Mr Warren Mundine Manager Operations Group Ms Natalie Rotumah The following Manager Projects Group Dr Ken Lum staff were Principal Solicitor Ms Mishka Holt employed Manager Corporate Group Ms Petra Fowler during the General Counsel Mr Damien Bidjara-Barnes 2010–11 Corporate Services Group financial year Finance Manager Ms Manju Saini
Assistant Accountant Mr Sam Cherian
People and Facilities Manager Ms Karina Radowski
Corporate Affairs Manager Ms Danielle Bevins-Sundvall
Corporate Affairs Projects Coordinator Ms Nikki Suey
Executive Assistant to the CEO Ms Jannali Briggs
Executive Assistant to the CEO Ms Elizabeth Dzajkovski
Executive Assistant to the Manager, Ms Madeleine Bye Corporate Group
Administrative Assistant Ms Tenisha Lawrence
Administrative Assistant Ms Heidi Aben
Administrative Assistant Ms Garra Mundine
Special Projects Coordinator Ms Jennifer Pont Projects Group
Strategic Development Manager Ms Hema Hariharan
Anthropologist Mr Simon Correy
Anthropologist / IT & VA Manager Mr James Rose
Historian Dr Michael Bennett
Senior Consultant – Land and Mr Peter Schultz Notification
Consultant – Land and Notification Mr George Tonna
Consultant – Research & Notification Ms Anupam Sharma
Research Assistant Ms Nicole Curby
Research Assistant Ms Natalie Rugiano
14 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED STAFF
Operations Group STAFF Community Facilitator Mr Neville Kim Assistant Community Facilitator Ms Annika Rotumah (CONTINUED) Assistant Community Facilitator Ms Bianca Morris The following Assistant Community Facilitator Mr Tyson Morris staff were Community Facilitator Ms Nikki Suey employed Legal Team during the Senior Solicitor Ms Mishka Holt
2010–11 Senior Solicitor Mr Philippe Savidis financial year Senior Solicitor Ms Jemima McCaughan
Senior Solicitor Ms Nicole Courtman
Future Acts Solicitor Mr Matthew Punch
Solicitor Ms Ebony Allen
Solicitor Mr Santiago De Silva
Solicitor Ms Tori Edwards
Solicitor Ms Laura Garland
Solicitor Ms Rana Koroglu
Solicitor Mr Sandor Rudolph
Solicitor Ms Sonali Seneviratne
Law Graduate Ms Jennifer Brightling
Paralegal Ms Sarah Griffin
Paralegal Ms Carla Di Giusto
Paralegal Mr James Dwyer
Paralegal Ms Amber Dalrymple
Paralegal Mr Andrew Small
Executive Assistant to the Principal Ms Eva Chybna Solicitor
NTSCORP ANNUAL REPORT 10/11 – 15 BOARD COMMITTEES NTSCORP LIMITED
BOARD COMMITTEES Audit and Risk Management Committee
Role: Relationships and Authority: The Committee is appointed by the Board and is formed for the 1) Reports to the Board of Directors; and purpose of the review and oversight of: 2) Oversees the audit and risk management process. 1) The integrity of the accounting and financial reporting processes of the Company; Confidentiality: 2) The Company’s external audit (including the appointment of All proceedings of Committee meetings, including papers the auditor); submitted and presentations made to the Committee, shall be 3) The Company’s internal audit; kept confidential and will not be disclosed or released to any 4) Compliance with applicable accounting standards to give a person other than Committee members, the Committee Manager, true and fair view of the financial position and performance the Board members and the Chief Executive Officer, except as of the Company; and required by law or as agreed by the Committee. 5) The risk management procedures and operations. Qualifications and Experience: General Functions and Tasks: 1) Membership of the Board of Directors; and 1) To make recommendations to the Board on the selection 2) Financial and accounting expertise or a working knowledge process and appointment of an external auditor; of basic finance and accounting practice. 2) To form an appreciation, with the external auditor, of the total audit plan; 3) To check the auditor’s evaluation of internal controls; Committee Membership: The Committee membership consists of four directors appointed 4) To review the assistance given by the Company’s by the Board of Directors. management leadership team to the external auditor; 5) To determine whether an internal audit is required; 6) To review the results of the audit; Committee Management: 7) To review the financial statements from management and the 1) The Chairperson of the Committee is appointed by the Board external auditor prior to their submission to the Board; of Directors; 8) To monitor the management leadership team to ensure 2) The minute secretary of the Committee is the Company it complies with its grant terms and conditions and any Secretary or their delegate; and reporting processes; 3) The Committee Manager is the Chief Executive Officer or 9) To monitor the management leadership team to ensure their delegate. it complies with any reporting processes under the Corporations Act, taxation or any other laws; 10) To review accounting policies adopted, or any changes made Review and Amendments: or contemplated; 1) The People, Performance & Nomination Committee will, at 11) To review and recommend changes for approval by the least once in each financial year, review the Committee’s Board; and performance and charter; and 12) To carry out any other functions that the Board or Chief 2) The Board may make amendments to the Committee’s Executive Officer may direct or request from time to time. Charter as the Board determines necessary or desirable.
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People, Performance and Nomination Committee
Role: Relationships and Authority: 1) To carry out the selection and to make recommendations to 1) Reports to the Board of Directors; and the Board regarding the appointment of: 2) Oversees the Company members, directors and Chief Executive a) The Company Members as per Clause 10 of the Officer recruitment, selection, assessing their skills and Constitution; development. b) The Non-Member-Directors as per Clause 37 of the Constitution; c) The members of Committees of the Board and the Confidentiality: Company; and All proceedings of Committee meetings, including papers submitted and presentations made to the Committee, shall be d) The Chief Executive Officer. kept confidential and will not be disclosed or released to any 2) The Committee shall also: person other than Committee members, the Committee Manager, a) Review at least annually with the CEO the status of the the Board members and the Chief Executive Officer, except as organisational strength and operational plan; required by law or as agreed by the Committee. b) Review the operational plan report from the management leadership team prior to its submission to the Board; Qualifications and Experience: c) Regularly discuss with the management leadership 1) Membership of the Board of Directors; and team matters that are of concern to them and/or the 2) Corporate governance and performance appraisal expertise Committee; and or a working knowledge of basic performance appraisal d) Where necessary, make emergency decisions on practice. behalf of the Board. The directors at the next Board meeting shall ratify those decisions. Committee Membership: The Committee membership consists of four directors appointed General Functions and Tasks: by the Board of Directors. 1) Assessing and enhancing the necessary and desirable competencies of the Company members, the Board and Committees; Committee Management: 2) Reviewing the size and composition of the Company 1) The Chairperson of the Committee is appointed by the Board membership, the Board and Committees, including of Directors; succession plans to enable an appropriate balance of skills, 2) The minute secretary of the Committee is the Company experience and expertise to be maintained; Secretary or their delegate; and 3) Overseeing the induction process for new Company 3) The Committee Manager is the Chief Executive Officer or members, directors and Committee members, and reviewing their delegate. its effectiveness; 4) Monitoring and assessing the continuing education program for Company members, directors and Committee members; Review and Amendments: Reviewing a process for the selection and removal of 1) The Board will, at least once in each financial year, review Company members, directors and Committee members, and the Committee’s performance and charter; and reviewing its effectiveness; 2) The Board may make amendments to the Committee’s 5) Recommending the appointment of new Company Charter as the Board determines are necessary or desirable. members, directors to the Board and Committee members, having regard to the desirable qualifications, experience and domicile for individual new appointees; 6) Reviewing the succession planning for the Chief Executive Officer; and 7) Carrying out any other functions that the Board or Chief Executive Officer may direct or request from time to time.
NTSCORP ANNUAL REPORT 10/11 – 17 MANAGEMENT COMMITTEES NTSCORP LIMITED
MANAGEMENT COMMITTEES Safety, Sustainability and Corporate Responsibility Committee
Role: c) Reviewing priority goals and targets and monitoring implementation; 1) The primary function of the Committee is to assist the Board and the Management Leadership Team in enabling the d) Considering and approving the Company’s annual Company to operate its businesses ethically, responsibly and Sustainability Report; sustainably. The Committee will oversee promotion of the e) Considering reports submitted by management on principles of safety, sustainability and corporate responsibility environmental performance and issues; and as the foundations of good management and good business f) Overseeing the Company’s compliance with relevant across the Company. legislation and the Company’s policies. 2) The Committee will have oversight of and review of: 3) Corporate Citizenship a) The Company’s actions to meet its obligation to a) Formulating, reviewing and monitoring compliance maintain the health and safety of its people; with policies and procedures so as to seek to ensure b) The social, environmental and ethical impact of the the Company acts ethically and responsibly in its Company’s policies and practices; interactions with its people, its customers, its suppliers c) Initiatives to enhance the Company’s sustainable and the community at large; business practices and reputation as a responsible b) Overseeing the Company’s compliance with relevant corporate citizen; legislation on the matters within its responsibilities; and d) Integration of safety, sustainability and corporate c) Promoting the Company as a good corporate citizen responsibility in the formulation of the Company’s in the community by involvement in and running corporate strategy, risk management framework, and community programs that enhance the Company’s people and culture priorities; and purpose, vision and values. e) The Company’s compliance with all relevant legal obligations on the matters within its responsibilities. 4) To carry out any other functions that the Board or Chief Executive Officer may direct from time to time.
General Functions and Tasks: Relationships and Authority: 1) Occupational Health and Safety (OH&S) 1) Reports to the Board of Directors; and a) Overseeing the Company’s compliance with relevant OH&S legislation and the Company’s OH&S Policy; 2) Monitors Management’s OH&S, Sustainability and Corporate Citizenship programs and procedures. b) Reviewing and monitoring the effectiveness of the Company’s OH&S Management System, including the adequacy of processes for identifying, assessing and Confidentiality: avoiding OH&S risks; All proceedings of Committee meetings, including papers c) Monitoring the Company’s compliance with relevant submitted and presentations made to the Committee, shall be OH&S legislation and its OH&S Policy; kept confidential and will not be disclosed or released to any d) Reviewing extreme and very high OH&S risks and person other than Committee members, the Committee Manager, issues, and action plans put in place to reduce risk and the Board members and the Chief Executive Officer, except as prevent future incidents; required by law, or as agreed by the Committee. e) Reviewing the Company’s health and safety initiatives and programs, and their success; and f) Considering reports submitted by management on Qualifications and Experience: health and safety performance and issues. 1) A member of the Board of Directors or an employee of the Company; and 2) Sustainability a) Reviewing the Company’s sustainability principles and 2) OH&S, sustainability and corporate citizenship expertise policies; or a working knowledge of basic OH&S, sustainability and corporate citizenship practice. b) Reviewing the Company’s environmental and greenhouse gas footprint, and tracking performance indicator trends;
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Committee Membership: The Committee membership consists of the People and Facilities Manager, the Corporate Affairs Manager, and one representative each from the Board of Directors, the Corporate Group, the Legal Group, the Projects Group and a representative from the Coffs Harbour office.
Committee Management: 1) The Chairperson of the Committee is appointed by the members of the Committee; 2) The minute secretary of the Committee is appointed by the Chairperson of the Committee; and 3) The Committee Manager is the Chief Executive Officer or their delegate.
Review and Amendments: 1) The People, Performance & Nomination Committee will, at least once in each financial year, review the Committee’s performance and charter; and 2) The Board may make amendments to the Committee’s Charter as it determines is necessary or desirable.
NTSCORP ANNUAL REPORT 10/11 – 19 MANAGEMENT COMMITTEES NTSCORP LIMITED
Management Leadership Team
Role: Confidentiality: The Management Leadership Team is the senior advisory team All proceedings of meetings of the Management Leadership to the Chief Executive Officer on the efficient and effective Team, including papers submitted and presentations made to management of the Company including the Company’s finance, the Management Leadership Team, shall be kept confidential operation and administration. and will not be disclosed or released to any person other than Management Leadership Team members, the Committee Manager, the Board members and the Chief Executive Officer, General Functions and Tasks: except as required by law or as agreed by the Committee. 1) To advise the Chief Executive Officer on the day-to-day management of the Company; Management Leadership Team Membership: 2) To present and make recommendations to the Board of The Management Leadership Team membership consists of the: Directors, the Audit & Risk Management Committee and the People, Performance & Nomination Committee on the 1) Chief Executive Officer; annual budget, the business plan, the operational plan and 2) Manager Corporate Group; Company policies; 3) Principal Solicitor; 3) To review and report to the Board of Directors on key ongoing strategic and operational issues facing the 4) Manager Projects Group; Company; 5) Manager Operations Group; and 4) To review and report to the Board of Directors on progress 6) Manager Strategic Development. and outcomes, ensuring alignment with endorsed strategic and operational objectives; 5) To review the reports from each Head of Division prior to Management Leadership Team Management: their submission to the Board of Directors, the Audit & Risk 1) The Head of the Management Leadership Team and the Management Committee and the People, Performance & Chairperson of its meetings is the Chief Executive Officer; Nomination Committee; 2) The minute secretary of meetings of the Management 6) To advise the Chief Executive Officer on the progress and Leadership Team is appointed by the Chief Executive performance of each Division of the Company; Officer; and 7) To regularly discuss with the Chief Executive Officer matters 3) The Management Leadership Team Meeting Manager is the that are of concern to them and/or the Management Chief Executive Officer or their delegate. Leadership Team; 8) To make emergency decisions on behalf of the Company subject to ratification of such decisions by the next meeting Review and Amendments: of the Board of Directors; 1) The Chief Executive Officer or their delegate will, at least once in each financial year, review the Management 9) Minutes of all Management Leadership Team meetings are Leadership Team performance and charter; and to be made and retained for a minimum of seven years. The minutes must be provided to the Chief Executive Officer for 2) The Chief Executive Officer may make amendments to noting at the earliest opportunity; and the Management Leadership Team Charter as the Chief Executive Officer determines are necessary or desirable. 10) Such other functions and tasks that the Team and/or Chief Executive Officer may determine.
Relationships and Authority: 1) Reports to the Chief Executive Officer; and 2) Supports the Chief Executive Officer in the Company achieving its goals and objectives.
20 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED MANAGEMENT COMMITTEES
Finance and Budgetary Committee
Role: Confidentiality: The Finance and Budgetary Committee develops and All proceedings of Committee meetings, including papers makes recommendations to the Chief Executive Officer and submitted and presentations made to the Committee, shall be Management Leadership Team on the Company budget, the kept confidential and will not be disclosed or released to any annual submission to FaHCSIA for funding and any variations to person other than Committee members, the Committee Manager, that budget. The Committee also deals with requests for funding the Board members and the Chief Executive Officer, except as from any Company group and/or team. required by law or as agreed by the Committee.
General Functions and Tasks: Committee Membership: 1) On an annual basis the Committee will design, develop, The Committee membership consists of the members of the review and make recommendations to the Management Management Leadership Team and the Finance Manager. Leadership Team on the Company’s budget; 2) The Committee will submit the annual FaHCSIA funding submission to the Management Leadership Team and the Committee Management: Board of Directors for review, change and approval before 1) The Chairperson of the Committee is the Chief Executive forwarding it to FaHCSIA; Officer; 3) The Committee will monitor and review the Company’s 2) The minute secretary of the Committee is appointed by the budget four times in a calendar year; Chairperson of the Committee; and 4) The Committee will review and make recommendations to 3) The Committee Manager is the Chief Executive Officer or the Management Leadership Team on any variations to the their delegate. Company budget; 5) The Committee will monitor, review and make recommendations on the financial and budgetary policies Review and Amendments: and procedures of the Company; 1) The Chief Executive Officer or their delegate will, at 6) The secretary of the Committee must cause minutes of all least once in each financial year, review the Committee’s Committee meetings to be made and retained for a minimum performance and charter; and of seven years. Minutes of Committee meetings must be 2) The Chief Executive Officer may make amendments to provided to the Committee manager for noting at the earliest the Committee’s Charter as the Chief Executive Officer opportunity; and determines are necessary or desirable. 7) Such other functions and tasks as the Committee and/or the Chief Executive Officer may determine.
Relationships and Authority: 1) Reports to the Chief Executive Officer; and 2) Supports the Chief Executive Office in the Company achieving its Financial and Budgetary goals and objectives.
NTSCORP ANNUAL REPORT 10/11 – 21 MANAGEMENT COMMITTEES NTSCORP LIMITED
Company Social Club Committee
Role: Confidentiality: The purpose of the Committee is to play a role in the Company’s All proceedings of Committee meetings, including papers culture, image, morale, team building, productivity and friendship submitted and presentations made to the Committee, shall be by the developing and organising the Company’s internal and kept confidential and will not be disclosed or released to any annual social functions and activities. person other than Committee members, the Committee Manager, the Board members and the Chief Executive Officer, except as required by law or as agreed by the Committee. General Functions and Tasks: 1) Create, organise and manage the Company’s social functions and activities effectively and efficiently within the constraints Committee Membership: of scope, quality, time and cost, and within established One representative from the Management Leadership Team and Company OH&S and other policies and procedures; two representatives each from the Corporate Group, Legal Group and Projects Group. 2) Support the Chief Executive Officer in the achievement of Company goals and objectives by its activities; 3) Prepare an annual social functions and activities plan, annual and periodical reports and briefing materials for the Chief Committee Management: Executive Officer and management; 1) The Chairperson of the Committee shall be appointed by the 4) Participate in negotiations and discussions with internal Committee members; and external organisations and individuals as part of the 2) The Secretary of the Committee shall be appointed by the Committee’s functions and activities; Raise money to help Committee members; and fund the functions and activities of the Committee within 3) The Committee Manager shall be appointed by the Chief Company policies and procedures; Executive Officer. 5) The secretary of the Committee must cause minutes of all Committee meetings to be made and retained for a minimum of seven years. Minutes of Committee meetings Review and Amendments: must be provided to the Committee manager for noting at 1) The Chief Executive Officer or their delegate will, at the earliest opportunity; least once in each financial year, review the Committee’s 6) A part of the Committees’ work will include out-of-hours and performance and charter; and on-call cover; and 2) The Chief Executive Officer may make amendments to 7) Such other functions and tasks as the Chief Executive the Committee’s Charter as the Chief Executive Officer Officer may determine. determines are necessary or desirable.
Relationships and Authority: 1) Reports to the Chief Executive Officer; and 2) Supports the Chief Executive Officer in the creation of a social, friendly, team building and safe working environment.
22 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED CORPORATE GOVERNANCE
CORPORATE GOVERNANCE About our Company NTSCORP’s Approach to NTSCORP (formally New South Wales Native Title Services Corporate Governance Limited) was incorporated under the Corporations Act as a public company limited by guarantee on 5 December 2001. It has since Robust corporate governance is the cornerstone of any good grown into one of Australia’s leading native title service entities. company. As an organisation that is publically funded to provide services to the Aboriginal community, the NTSCORP Board NTSCORP is a Native Title Service Provider (NTSP) and is and staff are mindful that our clients, government and the funded under section 203FE of the Native Title Act by FaHCSIA community expect us to conduct our business with high levels of to carry out the functions of an Native Title Representative Body accountability, transparency and ethical behaviour. (NTRB). The Company provides services to assist the Aboriginal people of NSW and the ACT to exercise their legal rights under NTSCORP takes good corporate governance seriously. We are the Native Title Act. committed to ensuring that good governance practices underpin all Company operations and all dealings with our clients, staff, As a result of increasing demands on our resources, NTSCORP directors, FaHCSIA and other government agencies, the National has resolved to seek additional funding streams through the Native Title Tribunal, the Aboriginal community of NSW and the provision of consulting services to the private, public and ACT, and the broader Australian community. community sectors. NTSCORP continues to implement a range of policies and The functions, powers, responsibilities and role of NTSCORP are procedures to ensure the maintenance of robust corporate set out in section 203B–BK of the Native Title Act. Definitions governance at every level of the Company. These include: and conditions affecting the performance of its functions are contained in Part 11 Divisions 1–7 of the Native Title Act. • Ongoing training and education for Directors and staff to ensure awareness of and compliance with corporate In summary, the functions and powers of an NTRB as defined in governance and reporting responsibilities; section 203 of the NTA are: • Ongoing activities of the Audit and Risk Management • Facilitation and assistance; Committee, the People, Performance and Nomination • Dispute resolution; Committee and the Safety, Sustainability & Corporate Responsibility Committee; • Notification; • The implementation of a Strategic Plan; • Agreement making; • Regular review of the NTSCORP Policies and Procedures • Internal review; and Manual which addresses employment-related issues, • Other functions (see section 203BJ in particular). financial and accounting practices, internal administrative practices, Board practices and policies directly affecting clients (i.e. facilitation and assistance policy and internal review policy); • Regular review of the Company’s constitution; • Regular reviews to ensure compliant reporting mechanisms and disclosures; • Increased focus on accountability through enhanced communications via information material available in print and on the Company’s website; • An induction manual to improve existing Director and staff induction procedures; • The development and planned roll-out of a performance management program to measure staff performance against stated KPIs and objectives; and • The roll-out of enhanced record keeping systems through TRIM. Our clients, and the community that we are proud to represent, can be confident that NTSCORP is committed to maintaining an accountable, ethical and transparent corporate culture.
NTSCORP ANNUAL REPORT 10/11 – 23 CORPORATE GOVERNANCE NTSCORP LIMITED
Sustainability and Corporate Responsibility NTSCORP strives to be a good corporate citizen and we are proud of our commitment to sustainability and corporate responsibility. The Safety, Sustainability and Corporate Responsibility Committee provides recommendations and advice to the Company on these areas but it is a responsibility of every staff member. We take our environmental and sustainability responsibilities seriously, and endeavour to promote sustainable business practices both within the Company and in the community. Our new premises feature sustainable design elements and operational practices such as recycling facilities and water and energy saving measures. Corporate responsibility includes a strong community and cultural focus, and is overseen by the Corporate Affairs Manager and the Head of Community Relations assisted by the Corporate Affairs Projects Coordinator. Community engagement with our local Redfern and Coffs Harbour communities, as well as the broader NSW and ACT Aboriginal community, is central to our corporate responsibility activities. We work with community representatives to ensure that our projects and policies are culturally appropriate. Many of our corporate responsibility activities are directly related to sport and culture, recognising the importance of these activities to the communities we serve. In addition to the highlights outlined below, NTSCORP staff have been involved in a broad range of formal and informal projects working with respected community organisations such as the Tribal Warrior Association, Redfern Aboriginal Housing Company and Jawun Indigenous Corporate Partnerships (previously the Indigenous Enterprise Partnerships). We are also committed to supporting Aboriginal businesses where possible through the purchase of goods and services. NTSCORP is a member of the Australian Indigenous Chamber of Commerce and the Redfern Waterloo Chamber of Commerce.
24 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED CORPORATE GOVERNANCE
2010–11 Highlights
NAIDOC Week NTSCORP staff celebrated NAIDOC week in July 2010 by participating in a tour of the iconic Aboriginal community space of the Block and a cultural tour of Sydney Harbour run by Tribal Warrior. The event was designed to give staff a greater sense of appreciation for the local Aboriginal history in the Redfern area and the cultural heritage of the Traditional Owners of Sydney Harbour, the Gadigal people.
Deadly Days In early September 2010, NTSCORP staff travelled to Casino, Kempsey and Tuncurry to take part in the popular ‘Deadly Days’ Festivals staged by North Coast TAFE’s Aboriginal Learning Partnerships Team. Funded by the Commonwealth Government as part of the Community Festivals for Education Engagement initiative, the Festival encourages increased participation by young Aboriginal people in education, training and employment, and was attended by hundreds of young Aboriginal people along with many Elders and members of the community.
NSW Aboriginal Rugby League Knockout NTSCORP staff held a stall at the NSW Aboriginal Rugby League Knockout on the NSW Central Coast over the 2010 October long weekend. The Knockout is one of the largest gatherings of Aboriginal people in the state. Staff distributed promotional material and provided information on family trees, genealogy research and native title claim updates to clients.
Indigenous Parliamentary Football Challenge Now in its second year, the Indigenous Parliamentary Football Challenge, held in December, aims to highlight the talent of young Indigenous football players and build closer relationships between Indigenous athletes and Parliamentarians. Made possible through the generous sponsorship of AMP, Allens Arthur Robinson and Microsoft, this year’s event saw 12 young Indigenous soccer players travel to Canberra from as far afield as Rockhampton and Perth, to take on a mixed team of Parliamentary representatives and staff, captained by the Minister for Sport and Indigenous Employment and Economic Development, Senator Mark Arbib. A close game ended in a 2-all draw and the scores remained level even after a nail-biting penalty shoot-out. As the 2010 champions, the Indigenous U/23 Team retained the AMP Cup.
NTSCORP ANNUAL REPORT 10/11 – 25 PEOPLE AND FACILITIES MANAGEMENT NTSCORP LIMITED
PEOPLE AND FACILITIES MANAGEMENT At NTSCORP we recognise that the skill and knowledge of our employees is invaluable, and in 2010–11 NTSCORP’s strategic people focus was on employee retention and recruitment. Recruitment NTSCORP has maintained a centralised recruitment process An exit interview process has also been developed where all staff to ensure the best people are recruited and retained within the who terminate their employment with NTSCORP are interviewed organisation. Strategies were implemented to increase Indigenous and given the opportunity to provide feedback and suggestions recruitment. We approached universities around Sydney to recruit regarding the organisation’s policies and procedures. The an Indigenous law student for the vacant paralegal position. interview looks at employee satisfaction, their reasons for leaving This initiative was a success and the paralegal commenced and their views of organisation more generally. The results are employment in July 2011. In addition 5 of the 16 employees collated and presented to the Management Leadership Team. recruited in 2010–11 across the Sydney and Coffs Harbour office are Indigenous. As part of the recruitment process, and with the appointment Remuneration of many new employees over the past year, a thorough one-day As another staff retention initiative, NTSCORP has restructured induction program has been developed and implemented to its Legal Group to ensure salaries are competitive in order ensure all new staff are familiar with NTSCORP’s operations, to attract and retain staff. In the reporting period, NTSCORP policies and procedures. recruited five employees for the Legal Group. Two members of the Legal Group have also been promoted; both started at NTSCORP in very junior roles and are now in leadership positions Staff Turnover and Retention within the Legal Team. A high level of turnover is prevalent in native title representative bodies and in the 2010–11 period NTSCORP lost a number of staff. Many of these people left the organisation for new career opportunities, to pursue further studies, or to travel. NTSCORP values employee retention and has put in place a variety of staff retention strategies. An employee survey has been created and will be implemented annually to monitor staff morale and inform them of strategies to promote retention. The surveys contain questions about OH&S, leave entitlements, supervision, training and general staff satisfaction. The results of the surveys are collated and presented to the Management Leadership Team. Entry surveys have also been created for staff to fill out six weeks after the commencement of their employment. The survey includes questions about the recruitment process, induction, training, supervision, resources and leave entitlements. The results of the survey are used to improve processes and to gauge employee requirements at the start of their employment with NTSCORP.
26 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED PEOPLE AND FACILITIES MANAGEMENT
Training and Development NTSCORP promotes staff development and believes in continuing Most NTSCORP employees also attended the National Native education. This year NTSCORP’s employees participated in a Title Conference in Brisbane in June 2011 and all Legal Team variety of programs run by the Aurora Project specifically for members completed their CPD/ MCLE compulsory requirements. native title representative body employees as well as external training courses as set out in the table below: NTSCORP has implemented a policy whereby all new employees must attend at least one ‘On-Country’ meeting or workshop as a crucial part of understanding NTSCORP’s core function. Organisation Course Employees report that this experience has been valuable in building on their understanding of the operations of a Native Title The Aurora Project Native Title Law and Practice Service Provider, and the policy will continue to operate.
Agreement Making Masterclass Occupational Health and Safety (OH&S) Negotiation Skills for NTRBs The Safety, Sustainability and Corporate Responsibility Committee (SSCR) continued to oversee the Company’s Native Title Research Practices compliance with relevant OH&S requirements. All committee members participated in the four-day compulsory training Project Management program ‘Workcover New South Wales Course in OHS Consultation’ delivered by Easy HR. Community Liaison Practices A review of the current OH&S policy and manual was carried out and it was decided that a new manual and policy was required Foundations of Native Title to better suit NTSCORP’s OH&S requirements. Consultants Workplace Safety Matters were engaged and they worked with Strategic Negotiation the SSCR Committee to develop a new Work Health and Safety Taxation – Fringe Benefit Tax (WHS) policy and manual. The Committee was trained on the CPA Australia Essentials implementation of the new WHS policies and procedures in August 2011. Dynamic Web Training Fast Track to MYOB
Workcover NSW Course in Easy HR OHS Consultation Indigenous Women’s Leadership FaHCSIA Program
Contracts Management
Getabout 4WD Training
New Horizons Business Writing
TP3 PowerPoint Introduction
Australian Centre for Independent Sub Editing Fundamentals Journalism
NTSCORP ANNUAL REPORT 10/11 – 27 PEOPLE AND FACILITIES MANAGEMENT NTSCORP LIMITED
Staffing Statistics Internships NTSCORP had 49 employees throughout the 2010–11 financial NTSCORP took on 15 interns during the reporting period. The year, including the CEO. The staff breakdown was: Aurora Project’s internship program gives students studying anthropology, law and policy the opportunity to experience • Twelve (12) in the Corporate Group; working in native title. In 2010–11, NTSCORP took ten interns • Sixteen (16) in the Projects Group; and from The Aurora Project, three students from American internship • Twenty (20) in the Legal Group. program Global Experiences, and two other students who The breakdown of male to female and Indigenous to non- approached NTSCORP independently looking to gain native title Indigenous employees is set out in the charts below: experience. Of the 2010–11 intern intake, three students stayed on at NTSCORP as permanent employees and two as casual staff.
Comparison of NTSCORP Male to Female Staffing Levels
35% Male 65% Female
Comparison of NTSCORP Indigenous and Non-Indigenous Staffing Levels
27% Indigenous
73% Non-Indigenous
28 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED OUR COMMUNITY, OUR SERVICE
OUR COMMUNITY, OUR SERVICE
Key Stakeholders The primary role of NTSCORP is to provide representation The Company believes that the Native Title Act is a vital tool and support to Traditional Owners in NSW and the ACT within in achieving our vision to promote social justice and economic, the scope of the Native Title Act. These Traditional Owner social and cultural independence for the Traditional Owners communities are our key stakeholders. of the lands, seas and waters. NTSCORP also sees the Native Title Act as an important tool to assist in improving the health, NTSCORP faces an ongoing challenge to meet increasing education, capacity building and living conditions of Traditional demands for the resolution of native title matters within a limited Owners. and fixed budget. Other key stakeholders with an interest in native title matters Facilitation and negotiation of native title claims, rather than include: litigation, is a priority for NTSCORP and is reflected through the following actions: • The Commonwealth Government and its departments; • Provision of relevant, accurate information and education • The NSW and ACT Governments and their departments; through research, targeted community facilitation and regular • Local government; seminars; • The Federal Court; • Training to build capacity in governance and negotiation; • The National Native Title Tribunal; • Whole of country or nation agreements; • The NSW Aboriginal Land Council and Local Aboriginal • Dispute resolution; and Land Councils; • Efficient future act notification services. • Peak industry representative bodies; Each Traditional Owner community has unique needs and • The NSW Minerals Council and other mining representative aspirations. To ensure that clients receive the most effective bodies; services possible, NTSCORP regularly reviews its operational • The NSW Farmers Association and other primary producer procedures to ensure staff can tailor services relevant to each representative bodies; and client group. • NSW and ACT Licence holders (e.g. water and commercial NTSCORP focuses on ensuring that the facilitation of agreements fishing). centred on whole-of-community outcomes mirrors our clients’ expectations. These agreements cover a broad spectrum of issues including but not limited to: • Recognition of the Traditional Owners of the lands, seas and waters; • Recognition of Country laws and custom; • Transfer of freehold lands; • Site management; • Access to and co-management of lands, seas and waters; • Repatriation and compensation due to future acts (e.g. mining, agriculture and development); • Cultural heritage management; • Water and fishing rights; and • Education and training. NTSCORP is committed to ensuring that Traditional Owners’ rights are of paramount importance in the use of lands, waters and seas across a range of activities that include: • Agriculture and aquaculture; • Mining and energy activities; • Carbon farming initiatives • Land repatriation; • Sequestration; • Tourism; and • The Arts.
NTSCORP ANNUAL REPORT 10/11 – 29 OVERVIEW OF NTSCORP OPERATIONS NTSCORP LIMITED
OVERVIEW OF NTSCORP OPERATIONS
In each matter represented by NTSCORP, a dedicated Project Team is allocated comprising of: • A Solicitor; • An Anthropologist; • An Historian; • A Community Facilitator; • An Assistant Community Facilitator; and • Where specific assistance is being provided in relation to a future act, the Manager Strategic Development. During the reporting period, there were 62 matters in which NTSCORP provided representation; actively assisted in order to develop or affect agreements; or performed other functions of an NTRB. Each matter is allocated a unique NTSCORP reference number. The 2010–11 operational plan was developed by the CEO, managers and staff following intensive planning meetings and engagement with relevant stakeholders. Staff planning meetings, team meetings and collaborative reporting processes and reviews of operational objectives and budgets were undertaken throughout the year to better identify key short-term, medium- term and long-term objectives. A new three-year strategic plan was also developed and began in 2010–11. NTSCORP performs its NTRB functions in both NSW and the ACT, and in order to provide effective services across this large region, NTSCORP has established seven regional areas of responsibility for operational staff. The dedicated regions ensure that native title and future act issues and enquiries that arise – and which do not necessarily relate to a current native title matter – can be addressed by staff with a clear understanding of the regional issues. The Regions are: • North Coast Region; • Central Coast Region; • South Coast Region; • Northern Central Region; • Central Region; • Southern Central Region; and • Western Region.
30 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED OVERVIEW OF NTSCORP OPERATIONS
The map below denotes the general regions with a black border:
Gold Coast Native Title Group Wongkumara People Byron Bay Bundjalung Widjabul Numbahjing Malera Bandjalan Bandjalang People 1 Baryulgil Bundjalung Bandjalang People 2 The Yaegl People NORTHERN CENTRAL REGION The Yaegl People 2 NORTH COAST REGION
Gumbaynggirr People WESTERN REGION
Ngiyampaa People (Canbelego) Tubba-Gah People CENTRAL COAST REGION
Barkandji Traditional Owners 8 Mrs Miranda Avery-Slater and Ors Wonnarua People CENTRAL REGION Wellington Valley Wiradjun
Wiradjuri-Warrabinga
Gundungurra
Robinvale Aboriginal Community SOUTH COAST REGION
SOUTHERN CENTRAL REGION
N 0 100 200
KILOMETRES
NTSCORP ANNUAL REPORT 10/11 – 31 OVERVIEW OF THE NATIVE TITLE ENVIRONMENT IN NSW NTSCORP LIMITED
OVERVIEW OF THE NATIVE TITLE ENVIRONMENT IN NSW
Key Stakeholders As at 30 June 2011, NTSCORP represented all ten of the NTSCORP’s key stakeholders are the Traditional Owner matters in Category A, but did not represent any of the matters communities of NSW and the ACT. Through the application of in Categories C, D or E. These statistics reflect that matters NTSCORP’s facilitation and assistance policy, the Company represented and actively assisted by NTSCORP have a higher applies the limited funds provided by FaHCSIA to represent the likelihood of progressing efficiently and effectively through the native title rights and interests of Traditional Owners. In part, this native title system in NSW. involves the application of a prioritisation program to determine the matters for which NTSCORP can provide representation and assistance. Credible Evidence Process NSW is the only state in the Commonwealth which does not Other key stakeholders in the native title arena in NSW and currently have a publicly available credible evidence policy or the ACT include the NSW State Government (‘the State’), credible evidence guidelines. As a result, credible evidence has the New South Wales Aboriginal Land Council (NSWALC), been the subject of negotiations within the parameters of each Local Aboriginal Land Councils (LALCs), the Commonwealth native title application. Government, the Federal Court, the National Native Title Tribunal (NNTT), the NSW Farmers Association and the NSW Minerals In general, however, it is clear that the State has adopted the Council. approach that it requires credible evidence to be submitted for assessment and accepted before the State is willing to enter into any meaningful negotiations as to possible avenues for resolution Categorisation of of native title applications by agreement rather than by litigation. Native Title Matters in NSW In 2009–10, NTSCORP, the State and the NNTT trialled ‘On- Commencing in May 2004 and continuing in 2010–11, the Country’ hearings within the context of NNTT mediation as a new NNTT, the State and NTSCORP have categorised all native title method to facilitate the provision of oral evidence to the State and determination applications in NSW in terms of their prospects for in doing so provide the final evidence required in the assessment resolution and provided that categorisation documentation to the of the native title claim group’s evidence. The Gumbaynggirr Federal Court. People’s ‘On-Country’ hearing was a success in 2009 and in May 2011 a similar hearing was undertaken in relation to the Yaegl The aim of the categorisation process is to inform the Court People’s two native title applications. where the parties believe coordinated efforts are best focused in order to move towards the resolution of the maximum number of applications. Generally this process has assisted NTSCORP, Court Management of Matters the State and the NNTT to concentrate their resources more During 2010–11, the NSW Registry of the Federal Court took effectively. a proactive approach in promoting the range of new options Applications are categorised as follows: presented by amendments to the NTA intended to improve the disposition rate of native title matters. Category A: Applications where Applicants have provided evidence to the State and the State is assessing the material or There has been increased use of case management conferences negotiating with the Applicants to try to settle the application. to assist in the resolution of issues arising in matters and to monitor the progress of the priority matters more generally. In Category B: Applications that NTSCORP is representing or addition, a series of Federal Court Forums have provided the supporting but where evidence has not yet been provided to the opportunity for stakeholders to raise issues of concern and State. propose measures to improve the native title system. Category C: Applications that are not represented or funded by NTSCORP continues to be joined as a respondent party to all NTSCORP but have some prospects for a negotiated outcome if native title matters in NSW and the ACT in order to appropriately certain things are done. discharge our functions as the NTSP for the region. Category D: Applications where there is insufficient evidence available for them to progress towards a negotiated outcome. Category E: Applications, which in their present form, have little NTSCORP Road Map for Applications or no prospect of a negotiated outcome. In 2010–11, NTSCORP continued to take a strategic approach to native title in NSW and the ACT through adherence to the Category F: Applications lodged primarily to attract procedural prioritisation program and the application of the facilitation and rights under the NTA in relation to proposed future acts. assistance policy. This approach is necessitated by the limited and insufficient level of funding received from FaHCSIA.
32 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED OVERVIEW OF THE NATIVE TITLE ENVIRONMENT IN NSW
NTSCORP strongly advocates that a strategic approach to NTSCORP has worked towards streamlining its future act education processes, research, land summits, representation, processes in preparation for that increased activity by: dispute resolution, future acts, notifications and policy has the • Creating databases to enable more efficient storage of data best potential of delivering the desired outcomes of Traditional and information concerning mining, exploration and other Owner communities. development activities; NTSCORP has actively implemented its road map for the • Creating databases which will provide for more streamlined effective prosecution of native title applications in NSW and the notification of future acts to Traditional Owners; ACT which includes the following series of steps: • Reviewing mining industry trends and projections in NSW • Education workshops; and the ACT; • Research; • Reviewing current agreements, industry standards and • Land summits; legislation to create best practice agreement templates; • Establishing community protocols; • Reviewing and updating template correspondence; • Filing a native title application; • Developing a future acts fact sheet for Aboriginal People; and • Witness statements; • Building relationships with key stakeholders including the • Working parties/negotiation committees; State and Commonwealth Governments and proponent • Governance structures; companies operating in NSW and the ACT. • Negotiations; and • Outcomes. 2010–11 saw the successful application of NTSCORP’s road map Procedural Rights and Negotiations NTSCORP is committed to assisting registered native title provide for the significant advancement of several of the older claimants and native title holders avail themselves of the applications towards settlement and the preparation of a number procedural rights provided under the NTA including the right to be of new applications including the filing of Yaegl People #2. notified, to comment, to be consulted or to negotiate in relation to acts which affect native title. Strategic Development In some circumstances, this also includes assisting Traditional NTSCORP is committed to creating economic development Owners to file a native title application in relation to mining and opportunities for the Aboriginal People of NSW and the large scale development where they do not presently have a ACT through native title and other related areas, including by native title application. identifying business opportunities and commercially viable NTSCORP is committed to achieving social, cultural and options for engagement by Traditional Owners. economic outcomes for Traditional Owners through the During the previous financial year, NTSCORP conducted a review negotiation of meaningful mining, exploration and infrastructure of future act activity in NSW and the ACT which provided relevant related agreements under the right to negotiate provisions of data and information from which to improve the Company’s the NTA. A priority for NTSCORP is early engagement with responsiveness to future acts and to promote better outcomes for proponents who are considering undertaking development in Traditional Owners. During 2010–11, NTSCORP commenced the order to promote Traditional Owner involvement from the early implementation of those recommendations including establishing stages of work program development right through to the final the Strategic Development team. The recommendations will development stages. continue to be actioned in the next financial year. The agreement implementation and review function of the Strategic Development Team is employed to ensure that commitments made by Traditional Owners and proponents in Future Acts agreements in relation to cultural heritage, monetary and non- There has been and will continue to be increased future act monetary benefits, business development, employment and activity in NSW and the ACT including the continued trend training are adhered to over the life of the agreement. towards coal extraction activity in NSW, such as the opening of new coal fields in Gunnedah, the Liverpool Plains and the Upper Hunter Valley and the rapid expansion of gas extraction throughout much of the State.
NTSCORP ANNUAL REPORT 10/11 – 33 OVERVIEW OF THE NATIVE TITLE ENVIRONMENT IN NSW NTSCORP LIMITED
Governance, Capacity Building Policy NTSCORP aims to provide timely, relevant information to and Community Development Traditional Owners to ensure they are able to make informed NTSCORP acknowledges the importance of good governance decisions on policy matters that affect them; and to represent both within NTSCORP and within the native title prescribed the views and interests of Traditional Owners through strategic bodies corporate (PBCs) and Traditional Owner corporations engagement in policy development and advocacy in both the which it has assisted to establish to manage native title and state and federal arenas. related benefits. NTSCORP has actively worked with a number of corporations during 2010–11 to build the capacity of those In 2010–11, NTSCORP continued to engage the NSW and corporations to perform their functions and to assist them in Commonwealth Governments and key industry and community creating processes which ensure agreements are implemented stakeholders on a broad raft of policy issues. NTSCORP also to their full extent and that all members have the opportunity to engaged with other Aboriginal and native title organisations in participate and share in benefits. joint advocacy initiatives. NTSCORP looks forward to building on this work in the next Policy and advocacy activities were undertaken with NSWALC financial year and to further assisting PBCs and Traditional under a formal Memorandum of Understanding, with the aim of Owner corporations to identify and maximise economic and promoting the rights and interests of Aboriginal People in NSW. business development opportunities which may exist and which NTSCORP is also a member of the National Native Title will assist them to be viable and self-sustainable corporations well Council (NNTC) and has worked with the NNTC on a range of into the future. national policy issues concerning native title, including many of the Commonwealth policy initiatives discussed below, and on Indigenous Affairs more broadly, such as government consultation Consistently High Number of into the provision of Indigenous Housing and the operation of the Non-Claimant Applications Indigenous Land Corporation. A non-claimant application is an application for a determination In the 2010–11 reporting period, NTSCORP developed policy of native title made by a person who holds an interest in the area, submissions and engaged in advocacy at the state and federal which is a non-native title interest. A non-claimant application may government levels in the following areas: seek a determination that native title does not exist in the area, which would have the effect of extinguishing any existing native title in the subject area. In NSW, the majority of these final determinations arise out of applications made by LALCs due to the requirements of section 42(1) of the Aboriginal Land Rights Act 1983 (NSW). Generally however, if the application is unopposed and protection is obtained under section 24FA of the Native Title Act 1993, most Applicants will discontinue the proceedings before a determination is made. This protection would validate any future act upon the land even if it is later determined that native title exists in the subject area. In 2010–11, NSW continued to have the largest number of non-claimant applications of any state in Australia. NTSCORP has identified several factors which have contributed to the consistently high number of non-claimant applications, namely: • The operation of section 42(1) of the Aboriginal Land Rights Act 1983 (NSW), which requires that a determination that native title does not exist be obtained before land can be dealt with by a LALC; • The State’s encouragement of lease conversions of Crown land to freehold title in those lands; and • The preferential use of the non-claimant process to the future act regime in the NTA in which the right to negotiate may apply beneficially for Traditional Owner communities in relation to the Act.
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Commonwealth
Taxation of Native Title Payments Establishment of a Not-for-profit In May 2010, the Commonwealth Government released a Regulator and Changes to Taxation discussion paper, Native Title, Indigenous Economic Development and Tax, outlining proposals to reform the taxation of native Arrangements for Not-for-profit title benefits. NTSCORP undertook extensive research and consultation with taxation experts and the NNTC in preparation Organisations and Public for a submission made to the Commonwealth Government in Benevolent Institutions December 2010, which proposed that native title payments be As a result of recommendations made by a Productivity subject to the same regulation as any other private commercial Commission report in early 2010, the Commonwealth Treasury agreement and that the use of such funds was not subject to published a discussion paper on the creation of a national not- Government approval. for-profit (NFP) regulator in January 2011. NTSCORP provided advice on this matter, focusing on the unique regulatory and governance needs of NFP organisations managed by and Cultural Flows providing services to Indigenous People, including PBCs and In November 2010, NTSCORP provided a submission on the NTRBs and NTSPs that undertake commercial activity. Following Guide to the Proposed (Murray Darling) Basin Plan to the Murray the announcement of a new NFP Regulator in the May 2011 Darling Basin Authority (MDBA). NTSCORP indicated it was Budget, NTSCORP used an additional Treasury consultation unfortunate cultural flows were categorised in the Guide as one process around taxation of NFPs to reiterate the need for of the ‘issues beyond the scope of the Basin Plan’. NTSCORP appropriate regulation of Aboriginal NFPs to ensure that noted that whilst sufficient specific research had not been economic development activity is not compromised as a result of conducted on cultural flows as yet, such research should have any new arrangements. been undertaken to identify suitable percentages for inclusion in the proposed Plan. In the alternative, NTSCORP proposed that a nominal percentage could be included in the Plan and adjusted Caring for Our Country on the basis of evidence arising from further research. NTSCORP welcomed the opportunity to provide comments in May 2011 regarding the review of Caring for our Country – Australia’s natural resource management investment initiative Native Title Act Amendment Bill 2011 discussion paper. We believe that a well-coordinated natural In December 2010, the Greens commenced consultation on resource management strategy will be able to balance its the drafting of a bill to reform the Native Title Act 1993 (Cth) to stated objective to achieve an environment that is healthy, incorporate a number of changes including the reversal of the better protected, well-managed, resilient, and provide essential onus of proof and measures to allow the impact of colonisation ecosystem services in a changing climate; with maintaining the to be considered when looking at the issue of substantial rights and interests of Indigenous communities and in particular, interruption. The bill represents the most significant proposed Traditional Owners, and drawing on their considerable and unique change to the Act since its inception and the 1998 Amendments. knowledge and experience of the land. Our submission focused The Bill was introduced into Parliament in March 2011 and largely on addressing the issues of Aboriginal engagement. referred to a Senate Committee in May 2011. NTSCORP was involved both directly and through the NNTC in the initial consultation around the drafting of the Bill and in preparing Carbon Farming submissions to the Senate Inquiry, which is due to report in NTSCORP has participated actively in consultation and advocacy September 2011. on the Carbon Farming Initiative (CFI) scheme and legislation, as well as heritage, native title and land rights implications. The CEO and staff have attended a number of Indigenous roundtables and prepared a number of submissions on the draft legislation and related consultation papers in addition to internal briefings. Legislation to support the CFI was introduced in March 2011 to create an incentive scheme, and will be considered by Parliament in the 2011 spring session, for commencement on 1 July 2012. NTSCORP is committed to ensuring that if carbon farming activities take place on Aboriginal owned land or land in which native title rights and interests are affected, then Aboriginal People should be involved and benefit from that activity.
NTSCORP ANNUAL REPORT 10/11 – 35 OVERVIEW OF THE NATIVE TITLE ENVIRONMENT IN NSW NTSCORP LIMITED
New South Wales
NSW Aboriginal Culture and Heritage Reform Working Party NTSCORP is represented on this working party, coordinated by the NSW Office of Environment and Heritage (OEH) and established with bipartisan support following the passage of the National Parks and Wildlife Amendment Act 2010 through NSW Parliament in June 2010. The Working Party also includes representatives of industry and the archaeological community, and between 2011 and 2012 will conduct broad community consultation and consider a range of issues regarding the ongoing reform of Aboriginal Culture and Heritage legislation, protection and management. The Working Party’s terms of reference are currently awaiting the consideration and re- endorsement of the new Cabinet.
Aboriginal Co-Management of NSW National Parks NTSCORP continued to liaise with the OEH and NSWALC around the implementation of OEH’s Aboriginal Parks Partnership Manual and Aboriginal Parks Partnership Policy with the aim of providing guidance to OEH staff on the development of relationships with Aboriginal People in the area of land management.
NSW Coal and Gas Strategy Scoping Paper NTSCORP provided a detailed submission to this sector-wide scoping paper prepared by the then NSW Department of Industry and Investment (I&I). NTSCORP considers the key issues of interest to Traditional Owners are the development and enforcement of appropriate consultation and notification mechanisms to ensure that Traditional Owners are afforded their full rights under the NTA and state cultural heritage legislation and regulations. The newly elected State Government has commissioned a number of additional consultative measures around strategic regional land use as a result of feedback to this process.
Participation in Consultative Forums NTSCORP has continued to actively contribute to the development of legislation, policy and process in NSW through participation on the Natural Resource Advisory Council (NRAC) and the Aboriginal Fishing Advisory Council (AFAC). In accordance with amendments to the National Parks and Wildlife Act 1974 introduced in 2010, NTSCORP will also shortly be appointed to the Aboriginal Culture and Heritage Advisory Council (ACHAC).
36 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED NTSCORP PERFORMING THE FUNCTIONS OF A NATIVE TITLE REPRESENTATIVE BODY
NTSCORP PERFORMING THE FUNCTIONS OF A NATIVE TITLE REPRESENTATIVE BODY Facilitation and Assistance Function 2010–11 was also a period in which NTSCORP substantially NTSCORP provided representation in 15 native title matters and progressed a number of matters towards conclusion including performed other functions of an NTRB in relation to a further 47 the native title applications by Tubba-Gah People, Gumbayngirr native title matters. People (Warrell Creek) and Gumbayngirr People (Boney Witt). A Report on Performance by Matter is provided below outlining In both Bandjalang People #1, Bandjalang People #2 and the range of Facilitation and Assistance activities undertaken by Gumbayngirr People (Warrell Creek) native title applications, NTSCORP in 2010–11. negotiations between the State and the native title parties are focused on settling the matters by consent determination and ILUA. Agreement-Making Function NTSCORP exercises its agreement-making function in all of the matters in which it provides assistance or representation. Certification Function NTSCORP is a native title service provider and as such, until the The Avery-Slater & Ors (Forster Tuncurry) native title agreement amendments to the NTA, did not have the certification function. was concluded, authorised and executed in November 2010. Native title claimant groups in NSW and the ACT have authorised The agreement between the Worimi and Birpai People of Forster their ILUAs and native title applications in accordance with the Tuncurry, the Lakkari Traditional Owner Aboriginal Corporation process provided for by section 251A and section 251B of the and the State concerns the compulsory acquisition and NTA. NTSCORP’s certification function is currently under review. development of land in Tuncurry on the mid-north coast of NSW and provides for the settlement of the native title application over the land. The agreement is a significant outcome and the first agreement of its kind in NSW. Dispute Resolution Function NTSCORP undertakes its dispute resolution function in a variety The Ngiyampaa People (Canbelego) mining agreements were of circumstances including during: concluded, authorised and executed between August and • The conduct of consultations and research; November 2010. The agreements between the Ngiyampaa People and Polymetals Pty Ltd concern the grant of a mining • The conduct of decision-making processes for the filing of lease located at Canbelego in the central west of NSW to applications; Polymetals Pty Ltd, and provide for the settlement of the native • The course of proceedings whether or not applications are title application. represented by NTSCORP; During 2010–11, two agreements were also reached between • The authorisation of agreements arising out of the ‘right to Aboriginal parties on the far north coast of NSW. The first, negotiate’ provisions of the NTA; and between Yaegl People and Gumbaynggirr People, concerned the • The implementation of existing native title agreements. proposed boundary of the Yaegl People #2 native title application. The role of community facilitators within the project team is The second, between Western Bundjalung People, concerned central to the exercise of NTSCORP’s dispute resolution function. an agreement on the terms upon which to pursue a united native Focused research is also often employed as a mechanism within title application over their traditional country. Both agreements a dispute resolution process. provide the way for new native title applications to be filed and for the traditional rights and interests of those communities to be During 2010–11, NTSCORP participated in nine dispute recognised and protected. resolution processes in relation to native title applications and related matters. Assistance was also provided to Dharawal People (Cubbitch Barta) to conclude and execute an Indigenous Land Use Agreement (ILUA) with a leaseholder and the State on the south coast of NSW. The agreement also provides for the settlement of the native title application.
NTSCORP ANNUAL REPORT 10/11 – 37 NTSCORP PERFORMING THE FUNCTIONS OF A NATIVE TITLE REPRESENTATIVE BODY NTSCORP LIMITED
Notification Function In 2010–11, 881 notifications were received from State and Commonwealth Government Departments resulting in 6,282 notifications to Traditional Owners during the same period. During the course of the year, it was necessary to enter into correspondence with many of the notifying Departments, their legal representatives and with notification recipients. Referrals for further information and advice were made to the NTSCORP Legal Group and from March 2011 to the Manager Strategic Development and the Legal Group.
Notification Type Received Sent
24HA (NTA) 543 2,788
24MD (NTA) 51 778
Advance notice of compulsory 0 0 acquisition
Non-Claimant Applications (NTA) 7 107
section 29 (NTA) 12 208
24GB (NTA) 0 0
24IB (NTA) 0 0
24JB (NTA) 3 37
24GD (NTA) 1 3
24KA (NTA) 33 466
24NA (NTA) 1 12
24MB (NTA) 2 50
section 32F (Mining Act 1992) 23 344
Miscellaneous 2 9
Telstra/Telecommunications 5 50
Notices of Community Consultation issued 198 1,430 in accordance with OEH Policy TOTAL 881 6,282
Internal Review Function Under section 203BI of the NTA, NTSCORP must provide a review process for any decisions NTSCORP makes in the performance of its functions or exercise of its powers. NTSCORP’s Internal Review Policy sets out this process. During 2010–11, NTSCORP received one application for internal review.
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Overview of Native Title and Related Applications Number in NSW and the ACT from 1 July 2010 to 30 June 2011
Total Claimant Applications as at 1 July 2010 29
Claimant Applications filed between 1 July 2010 and 30 June 2011 6
Claimant Applications filed by NTSCORP between 1 July 2010 and 30 June 2011 1
Claimant Applications discontinued or dismissed between 1 July 2010 and 30 June 2011 7
Federal Court Determinations in relation to Native Title 3
Total Claimant Applications as at 30 June 2011 28
Registered Claimant Applications as at 30 June 2011 26
Claimant Applications represented by NTSCORP as at 30 June 2011 12
Total Non-Claimant Applications as at 1 July 2010 18
Non-Claimant Applications filed between 1 July 2010 and 30 June 2011 8
Non-Claimant Applications discontinued between 1 July 2010 and 30 June 2011 6
Non-Claimant Applications determined between 1 July 2010 and 30 June 2011 3
Total Non-Claimant Applications active as at 30 June 2011 17
Total Compensation Applications as at 1 July 2010 1
Compensation Applications filed between 1 July 2010 and 30 June 2011 0
Compensation Applications discontinued or dismissed between 1 July 2010 and 30 June 2011 1
Total Compensation Applications as at 30 June 2011 0
Native Title Applications filed in response to future acts between 1 July 2010 and 30 June 2011 5
Agreements reached in matters represented by NTSCORP 2
Agreements executed in matters represented by NTSCORP 3
ILUAs registered 1
Disputes relating to Native Title Applications 5
Disputes relating to ILUAs, rights of access and other matters 4
Number of ILUAs affected 0
Number of reviews pending 0
Number of reviews completed 1
NTSCORP ANNUAL REPORT 10/11 – 39 Overview of Native Title Matters in NSW and the ACT in 2010–11 NTSCORP LIMITED
Overview of Native Title Matters in NSW and the ACT in 2010–11
New Native Title Applications Of those applications, three applications brought by Local Six new native title applications were filed during 2010–11. One of Aboriginal Land Councils resulted in determinations that native those applications was represented by NTSCORP, being the Yaegl title did not exist. People #2 application on the north coast of NSW. Of the remaining five native title applications filed, two applications were filed in Wonnarua country located at Camberwell and three Judicial and Administrative Decisions applications were filed in North East Wiradjuri located around Bathurst, Lithgow and Mudgee. All five were filed in response to Yaegl People section 29 notices for proposed mining leases. On 24, 25 and 26 May 2011, an ‘On-Country’ hearing under the auspices of NNTT mediation was held in and around Yamba and Maclean in relation to the Yaegl People #1 and #2 native title Discontinued or Dismissed applications. The hearing was to enable Yaegl People to give Native Title Applications direct evidence in relation to their connection to Country and Five native title applications were discontinued in 2010–11, to provide the final evidence required to satisfy the State that including applications by Darug People, Dharawal People and native title exists. In the Applicant’s view, the hearing was very three by North East Wiradjuri People. successful. As at the date of this report, the State is considering advice from its Counsel and a formal position has not yet been Three native title applications were dismissed by the Federal Court determined. including one by Ngunnawal People and one by Mooka and Kalara People (including a related compensation application). Dunghutti Elders Council New Non-Claimant Applications (Aboriginal Corporation) Eight new non-claimant applications were filed during 2010–11: On 11 February 2011, the Registrar of Indigenous Corporations issued a notice to Dunghutti Elders Council (Aboriginal • Ceal Limited; Corporation) (DECAC) asking it to show cause as to why • AJ & A Nunn Pty Ltd; it should not be placed under special administration. The • Minister for Lands #14; corporation applied to the Federal Court on 24 February 2011 • Woolgoolga and District Retirement Village Ltd; for declarations and an injunction to prevent the Registrar from placing the corporation under special administration. • Worimi Local Aboriginal Land Council #6; • Worimi Local Aboriginal Land Council #7; On 14 April 2011, Justice Flick of the Federal Court handed down his decision dismissing all aspects of the application and ordering • CJ and A Woods Pty Ltd; and DECAC to pay the Registrar’s costs. • Benedict Industries Pty Ltd. That decision was then appealed by DECAC to the Full Federal Court and on 21 July 2011 the appeal to the Full Federal Court Discontinued, Dismissed or was also dismissed. As at the date of this report, a costs decision related to the Full Federal Court appeal and an application by Determined Non-Claimant Applications DECAC to the High Court of Australia for an Injunction are both Nine non-claimant applications were finalised during 2010–11: pending. • Warren Berry; • Wakool Shire Council; Mooka and Kalara United Families • Deni Play on the Plains Festival Ltd; These two applications have been the subject of several requests • Peter Anthony Sanders; for assistance to NTSCORP. On 24 May 2010, the Board of • Gwydir Shire Council; NTSCORP affirmed the decision of the People, Performance and • Maxwell and Philippa Angel; Nomination Committee to refuse assistance to the Applicants. The Applicant elected to appeal this decision to FaHCSIA and in • Eden Local Aboriginal Land Council #2; September 2010 FaHCSIA affirmed the decision of the Board of • Eden Local Aboriginal Land Council #3; and NTSCORP to refuse assistance to the Applicant. • Gandangara Local Aboriginal Land Council #5.
40 – NTSCORP ANNUAL REPORT 10/11 NTSCORP LIMITED Overview of Native Title Matters in NSW and the ACT in 2010–11
On 26 February 2010, the State filed a Notice of Motion a mining lease to Ashton Coal in Camberwell. The application seeking self-executing orders for the dismissal of the native title was accepted for registration by the Registrar of the NNTT on 2 application. On 1 October 2010, the Federal Court dismissed the November 2010. application and related compensation application. On 11 February 2011, an application was filed in the NNTT by On 4 February 2011, the Applicant filed a Notice of Motion Ashton Coal and White Mining for a future act determination seeking to have those orders set aside. The matter was heard application inquiry. On 28 April 2011, Deputy President Sosso of by Justice Jagot of the Federal Court on 7 June 2011 and in the NNTT determined that Ashton Coal and White Mining had the decision handed down on 23 June 2011 orders were made fulfilled its obligation to act in good faith as required by section by Her Honour dismissing the Notice of Motion. The matters 31(1)(b) of the NTA and that the NNTT had the power to conduct currently stand dismissed. an enquiry and make a determination in relation to the grant of the mining lease. On 24 June 2011, Deputy President Sosso of the NNTT handed Numbahjing Clan down his determination finding that the mining lease should The Numbahjing Clan within the Bundjalung Nation native title be granted to Ashton Coal and White Mining subject to no application failed the registration test applied by the NNTT in conditions. As at the date of this report, Scott Franks and Robert May 2009. The Applicant made two applications for review of the Lester on behalf of the Plains Clans of the Wonnarua People Registrar’s decision, however both of these applications for review have filed an appeal of the arbitration decision in the Federal were subsequently discontinued by consent. Court and the decision is pending. The Applicant subsequently filed a Notice of Motion seeking to amend the Application which was opposed by the State and NTSCORP on the basis that the application, even in its amended Native Title Determinations in LALC Matters form, was unlikely to pass the registration test. On 17 February The Federal Court determined that native title did not exist in the 2011, Justice Jagot of the Federal Court decided to grant the land subject to three non-claimant applications filed by Eden and Applicant leave to amend. Gandangara LALCs. The determinations were not opposed by Aboriginal respondents or NTSCORP. The amended application subsequently failed the registration test and the Federal Court has now set the matter down for a hearing in relation to the dismissal of the application.
Bigambul People and QGC ILUA On 12 April 2011, the Registrar of the NNTT determined not to register the ILUA between Bigambul People and QGC in south west Queensland on the basis that not all of the persons who hold native title rights and interests in the area had authorised the ILUA. On behalf of Gomeroi People, NTSCORP had made submissions to the Registrar opposing the registration of the ILUA and those submissions were taken into consideration in making the decision not to register the ILUA. On 11 May 2011, QGC applied to the Federal Court for an administrative review of the NNTT’s decision not to register the ILUA. As at the date of this report, the hearing and decision in this matter are pending.
Plains Clans of the Wonnarua People On 5 October 2010, Scott Franks and Robert Lester on behalf of the Plains Clans of the Wonnarua People filed a native title application in response to a section 29 notice for the grant of
NTSCORP ANNUAL REPORT 10/11 – 41 Report on Performance by Matter NTSCORP LIMITED
Report on Performance by Matter
NTS 001 and NTS 009 – The application was filed in early 2011 and credible evidence in support of the application was filed simultaneously. An ‘On- Bandjalang People #1 and #2 Country’ hearing was held in relation to both matters in May 2011 The Bandjalang #1 Application was lodged in 1996 on behalf to enable the Yaegl People to give direct evidence in relation to of the Bandjalang People. The application covers national parks, their connection to country. The State is currently considering its reserve lands and coastal land in the vicinity of Evans Head position in relation to both applications. in northern NSW. The Applicant and the State have been in negotiations in this matter since 2003 in relation to credible evidence. The application was amended during 2008–09. In NTS 005 – Byron Bay Bundjalung 2009–10 the amended application was accepted for registration The Byron Bay Bundjalung applications on the far north coast of and the State completed its credible evidence assessment. NSW have successfully progressed in a series of stages. A Stage Negotiations commenced between the Applicant and the State in 1 ILUA was signed in December 2000 creating the Arakwal 2010–11 towards settlement of the application. National Park, leaseback arrangement and transferring some land Bandjalang #2 is an application made on behalf of the to claimants. It also gave those claimants joint management in the Bandjalang People, the same native title claimant group as in National Park. Stage 2 of the ILUA was successfully negotiated in Bandjalang #1. The application covers approximately 3000 2006–7 and two ILUAs were authorised by the claim group and square kilometres of land and waters between the Clarence River executed with the State. The ILUA included significant benefits and the Richmond River in northern NSW. The Applicant and for the claim group. The ILUAs were accepted for registration by the State have been in negotiations in this matter since 2003 in the NNTT and NTSCORP has assisted the Applicant with the relation to credible evidence. The application was amended during implementation of the ILUAs since 2008–09. The remaining 2008–09. In 2009–10, the amended application was accepted two native title applications were amended in 2010–11 and it is for registration and the State completed its credible evidence expected that the first application will be withdrawn in 2011–12. assessment. Negotiations commenced between the Applicant and the State in 2010–11 towards settlement of the application. NTS 006 – Gumbayngirr (Gumma/South Beach) NTS 002 – Gumbayngirr People (Boney) The application covers two coastal peninsulas at Nambucca This application covers environmentally significant coastal Heads on the mid-north coast of NSW. The area is also covered land near Urunga on the mid-north coast of NSW. In 2004, by applications under the Aboriginal Land Rights Act 1983 the Applicant entered into the credible evidence process with (NSW) by two LALCs. Negotiations have been underway the State in an attempt to finalise this matter. An in-principle between the Applicant, various State Government departments agreement has now been reached between the Applicant and and the LALCs for several years. Lease negotiations in relation to the State and the final provisions of a draft ILUA are being the Schedule 14 lease were successfully completed in 2009–10 negotiated. The matter is complex and involves the authorisation and the lease was executed in April 2010. In order to facilitate and approval of several parties. It is expected that the ILUA in this the conclusion of the credible evidence assessment process matter will be finalised in 2011–12. for the native title application, an ‘On-Country’ hearing was held in October 2009 and the Applicant and the State commenced negotiations towards settlement of the application in 2010–11. NTS 004 and NTS 129 – Yaegl People #1 and #2 The Yaegl People #1 application covers part of the Clarence NTS 008 – Gamilaroi (Gomeroi) Nation River and its estuaries in the vicinity of Yamba, Angourie, Maclean This project was initiated by the Gomeroi Nation, NTSCORP and and Harwood on the north coast of NSW. the then Department of Natural Resources and was aimed at building the capacity and governance structures of the Gomeroi NTSCORP was appointed by the Yaegl People as their legal Nation to negotiate a sustainable agreement between Traditional representative in September 2005. The application was amended Owners and the State. The Gomeroi Tribal Nation Secretariat and accepted for registration in 2006–7. Further anthropological was established and efficiently advocated on behalf of Gomeroi and historical material and witness statements were provided to People. Negotiations commenced in August 2009, however the State in support of the credible evidence process and that following an initial meeting, the State Government Negotiation assessment was successfully completed in 2009–10. Panel indicated that it would not be able to negotiate an The Yaegl People #2 application covers land and waters between Agreement with Gomeroi People unless a native title application Woody Head, Ulmarra and Wooli on the north coast of NSW. was filed. During 2010–11, significant advancement was made in
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the preparation of the application and in June 2011, a Gomeroi NTS 069 – Policy Projects native title application was authorised over land and waters NTSCORP has undertaken a range of policy activities on behalf of broadly extending from the Queensland border to Tingha, Traditional Owners during 2010–11 in areas such as: Tamworth, Caroona, Coonabarabran and Walgett. • Fishing rights; • Natural resources; NTS 015 – Forster Tuncurry • Water rights; This application was filed in December 2004 over coastal land of • Crown Land use and management; Kattang-speaking People in the district of Forster Tuncurry on the • Economic development; mid-north coast of NSW. This application was filed in response to a non-claimant application made by the then Minister for Lands. • Mining and exploration; The application was accepted for registration by the Registrar • Culture and Heritage; and of the NNTT. Between 2005 and 2007, the State maintained • The Aboriginal Land Rights Act 1983 (NSW) and Native Title that the right to negotiate did not apply and issued a compulsory Act 1993 (Cth). acquisition notice in relation to the area to allow the area to be developed. In October 2006, the Applicant initiated Injunction Specifically, NTSCORP has made: and separate Declaratory Proceedings against the State to • A submission to the Commonwealth Government on Native restrain it from proceeding with the acquisition until the State Title, Indigenous Economic Development and Tax; proceeded through the right to negotiate. In 2008, the State • A submission on the Guide to the Proposed (Murray Darling) agreed to participate in the right to negotiate. Those negotiations Basin Plan to the Murray Darling Basin Authority (MDBA); were successfully completed in 2009–10 and in 2010–11 the agreement was completed, authorised and executed by both • A submission to the Senate Inquiry on the Native Title Act parties in settlement of the native title application. Amendment Bill 2011; • Feedback to the Commonwealth Treasury published discussion paper on the creation of a national not-for-profit (NFP) NTS 018 – Tubba-Gah People regulator; This application is filed over the Goonoo Community Conservation • A submission to the review of Caring for Our Country – Area, formerly the Goonoo State Forest near Dubbo in Central Australia’s natural resource management investment initiative West NSW. This application was filed in 2001 and accepted for discussion paper; registration by the NNTT in October 2002. Credible evidence • Submissions and undertaken consultation and advocacy on was assessed and the amended application was accepted the Carbon Farming Initiative scheme and legislation as well as for registration in 2008. Negotiations between the Applicant heritage, native title and land rights implications; and Indigenous respondents were successfully progressed in • A contribution to the development of policy and legislation 2009–10. Negotiations between the Applicant and the State through the NSW Aboriginal Culture and Heritage Reform reached an advanced stage in 2010–11 with a view towards Working Party, NRAC and AFAC; settling the application by ILUA. It is anticipated that this matter • A submission and undertaken consultation on the Guide to will be finalised in 2011–12. Aboriginal Co-Management of NSW National Parks; and • A submission in response to the NSW Coal and Gas Strategy NTS 029 – Barkandji #8 Scoping Paper. This application was filed in 1997 however NTSCORP was not appointed to represent the Barkandji People until July 2002. This application extends from Waanaring to Wentworth in far west NTS 074 – Education Workshops During 2010–11, education workshops were convened in Lightning NSW. The amended application was accepted for registration in Ridge and Deniliquin and educational activities were undertaken 2006–7. The Applicant has been engaged in negotiations with at the Deadly Days festivals in Tuncurry, Kempsey and Casino the State since 2002 within the credible evidence assessment and at the NSW Rugby League Knockout on the Central Coast. process. To further these negotiations, additional anthropological and historical evidence, witness statements and a Statement of Facts, Issues and Contentions was provided to the State in 2009 and 2010. The credible evidence assessment is continuing in this matter.
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NTS 075 – Notifications and Future Acts • North East Wiradjuri (seven applications); The consolidation and focused development of the Strategic • Gundungurra Tribal Council Aboriginal Corporation (six Development Team and its future act functions has enabled applications); NTSCORP to streamline its processes with regard to future • Darug Link Aboriginal Corporation; act notices and negotiations. During 2010–11, NTSCORP, on • Wonnarua People; behalf of Traditional Owners, engaged with several gas and mining companies purporting to explore, prospect or mine within • Plains Clan of the Wonnarua People; NSW. NTSCORP also provided assistance to a large number of • Dharawal (Cubbitch Barta); Traditional Owners with enquiries related to future act notices. • Widjabul; In addition to issuing notifications related to future acts, the • Mooka and Kalara United Families (two applications and a Strategic Development Team has undertaken numerous tenure compensation application); searches related to future act projects and in support of native • Ngunnawal People; title applications. • Wellington Valley Wiradjuri; and During 2010, a review of future act activity in NSW was • Numbahjing. undertaken and the report with its recommendations was implemented in 2011. NTS 125 – Ngiyampaa/Ngemba People This matter concerns land and waters in which Ngiyampaa/ NTS 101 – Land Summits Ngemba People assert traditional rights and interests located in One land summit for Aboriginal People asserting traditional and around Gilgandra, Nyngan, Cobar, Brewarrina and Bourke rights and interests on the south coast of NSW was convened in in Central West NSW. During 2010–11, significant advancement 2010–11 in Bateman’s Bay. was made in the preparation of a new native title application over that Country and in August 2010 Ngiyampaa/Ngemba People authorised the native title application. The application is expected NTS 114 – Githabul PBC to be filed in 2011–12. The Githabul People executed an ILUA with the State and obtained a consent determination over an area of national park and state forest in the vicinity of Woodenbong in northern NSW NTS 130 – Western Bundjalung in 2007–08. During some of 2009–10, NTSCORP provided This matter concerns land and waters in which Bundjalung assistance to Githabul People in the implementation of the ILUA People assert traditional rights and interests located in and and in the exercise of their native title rights and interests through around Grafton, Copmanhurst, Baryulgil, Mulabugilmah, Tabulam their PBC. In 2010–11, NTSCORP administered FaHCSIA funding and Rocky River in northern NSW. During 2010–11, significant to the PBC. advancement was made in the preparation of a new native title application over that country and in June 2011 Bundjalung People authorised the native title application. The application is expected NTS 115 – Dispute Resolution to be filed in 2011–12. A range of activities were undertaken within this project including: • Attendance at directions hearing as a Respondent Party in NTS 500 – Non-Claimant Applications matters not represented by NTSCORP; NTSCORP has joined as a respondent to all non-claimant • Participation in mediation convened by the NNTT; applications and appeared in approximately 23 directions • Undertaking dispute resolution activities amongst Aboriginal hearings during 2010–11. Where appropriate, NTSCORP has People; and confirmed with applicants their intentions to withdraw their • Considering and reviewing facilitation and assistance applications once section 24FA protection has been granted and/ requests and undertaking Internal Reviews. or referred matters to mediation and participated in mediation where Indigenous respondents have been joined as a party. Matters not represented by NTSCORP during 2010–11 and upon which action was taken include: Eight new non-claimant applications were filed during 2010–11 and nine non-claimant applications were finalised in 2010–11. • Dunghutti; There were three non-opposed determinations made by the • Baryugil Bundjalung; Federal Court that native title did not exist. • Malera Bandjalan;
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