Ntscorp Limited Annual Report 09/10
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NTSCORP LIMITED ANNUAL REPORT 09/10 4 Letter of Presentation Contents 5 Chairperson’s Report NTSCORP LIMITED ANNUAL REPORT 09/10 6 CEO’s Report ABN 71 098 971 209 9 NTSCORP’s Purpose, Vision & Values 10 The Company & Our Company Members 14 Board Profiles 18 Executive Profiles 20 Management & Operational Structure 31 Corporate Governance 34 People & Facilities Management 38 Our Community, Our Service 39 Overview of NTSCORP Operations 41 Overview of the Native Title Environement in NSW NTSCORP Performing the Functions of a 45 Native Title Representative Body Overview of Native Title Matters in 47 NSW & the ACT in 2009 –2010 49 Report on Performance by Matter 52 NTSCORP Financial Report CHAIRPERSON’S report Letter Of Chairperson’S presentation ThE hON. JENNy MACkLIN MP Report Minister for Families, Housing, MIChAEL BELL Community Services and Indigenous Affairs CHAIRPERSON Parliament House, CANBERRA ACT 2600 Dear Minister, Three new Member-Directors joined the Board during the RE: 2009– 2010 Annual Report ON BEhALf Of ThE DIRECTORS reporting period: Ms Katie Wyatt and Ms Yvonne Stewart in In accordance with the Commonwealth July 2009, and Ms Melissa Williams in April 2010. Two new Government 2009 – 2010 General Terms AND MEMBERS Of NTSCORP, I Non-Member-Directors were also appointed to the Board: Ms and Conditions Relating to Native Title Elizabeth Henderson in October 2009 and Mr Parry Agius Program Funding Agreements I have wOULD LIkE TO ACkNOwLEDgE in May 2010. The skills of these new Directors have greatly pleasure in presenting the annual report assisted the Board in its deliberations and direction of the for NTSCORP Limited which incorporates My NgUNNAwAL ELDERS, OThER Company during the reporting period. the audited financial statements for the This year we also farewelled Member-Directors Ms Gina Milgate financial year ended ELDERS, NativE TITLE gROUPS and Mr Anthony Ashby and Non-Member-Director Mr Terry 30 June 2010. Lawler. I would like to pay special tribute to their hard work and AND COMMUNITy gROUPS Of dedication to NTSCORP and wish them all the best in their Yours sincerely, OUR representativE AREA. future endeavours. This consolidation of skills and the broad stability of The reporting period for the year 2009-10 has once again seen membership at the Board level is reflected throughout the our Company respond to the many challenges presented to us Company. It is this stability that has allowed us to build on our with positivity, professionalism and determination. The Board, achievements and look forward to further consolidation of our Michael Bell objectives into the future. Chairperson Executive Management Team, and our staff have achieved a NTSCORP number of gains and the consolidation of a number of projects We will continue to rationalise the Company’s policies particularly for our clients, the Traditional Owners of the lands, seas and in relation to the prioritisation of services to our clients, to reflect waters of NSW and the ACT. the ever changing landscape of native title. It is this that ensures In this environment, the Company has been able to achieve the that as a Board we stand united in our pursuit of the best following significant outcomes throughout the year: possible outcomes for our clients. • The signing of a Memorandum of Understanding (MOU) I would like to thank our CEO, Mr Warren Mundine, for his with the NSW Aboriginal Land Council to work collectively hard work dedication and perseverance to native title issues. I to promote and advocate for the rights and interests of would particularly like to thank the members and the Board of Aboriginal people in NSW; Directors for their continued faith in me as the Chairperson of the Company. • Being part of a movement that successfully secured formal recognition of Aboriginal cultural fishing in NSW; It is my firm belief that the Company has the necessary experience, capacity and integrity to pursue the vision that • Assisting the Traditional Owners reach an agreement with the Aboriginal people of the Board have decided. It is these the State of NSW regarding a development of land within attributes that allows us to view the future positively; a future the area of the Kattang speaking people in the Forster that can only be enhanced by willingness at all levels of Tuncurry area; and government and other key stakeholders to negotiate positive “It is my firm belief that the Company has the necessary • Assisting the progression of two matters on behalf of the outcomes for our People, in a spirit that provides communities Gumbayngirr People on the mid-north coast that will be and claimants with genuine respect, opportunity and above all, settled in 2010-11. equity for everyone involved in the application of native title experience, capacity and integrity to pursue the vision that legislation throughout Australia. The Company looks forward to the completion of these and the Aboriginal people of the Board have decided.” other agreements in the near future. NTSCORP is justly proud of its involvement in these projects, one of which will result in the acknowledgment of native title for our people in NSW. I am also pleased to acknowledge our ongoing good relationship with the department of Families, Housing, Community Services Michael Bell and Indigenous Affairs (FaHCSIA). Chairperson I am happy to report that there have been some welcome additions to our representation of the Company at Board level. 4 – ANNuAL Report 09/10 ANNuAL Report 09/10 – 5 CEO REPORT for the site, which will be filed with Bellingen Shire Council ON behalf Of ThE management in 2010-11. It is expected that the ILUA in this matter will be CEO’S Report and staff Of NTSCORP, I finalised in 2010-11. Warren MUNDINE A separate claim by the Gumbayngirr People (Gumma and South Beach) covers two coastal peninsulas at Nambucca HON. DuNIV (STHN CROSS) FAIM MAICD ACkNOwLEDgE My BUNDJALUNg CHIEF ExECuTIVE OFFICER AND Company Secretary Heads on the mid-north coast of NSW. The areas are also covered by claims under the Aboriginal Land Rights Act 1983 ELDERS, AND ThE ELDERS AND (NSW) by two Local Aboriginal Land Councils. After extensive work, a lease was executed in April 2010. In order to facilitate TRADITIONAL OwNERS Of NSw the conclusion of the credible evidence assessment process for the native title application, an on- country hearing was held AND ThE ACT, AND wELCOME under the auspices of the National Native Title Tribunal (NNTT) in October 2009. A response to the assessment is currently yOU TO ThE NTSCORP ANNUAL being awaited from the Department of Premier and Cabinet. It is anticipated that negotiations to settle the matter will commence REPORT fOR 2009-10. in 2010-11. The previous reporting period was characterised by internal However, there is still much work to be done to continue to consolidation, and the introduction of a three-year funding achieve NTSCORP’s vision to promote social justice and arrangement with FaHCSIA has provided the organisation economic, cultural and social independence for the Traditional with greater certainty in its external environment, allowing us Owners of the lands, seas and waters. to continue to strengthen the foundations of the Company. In order to ensure that we continue to achieve successful The Company has adopted a philosophy of “continuous outcomes, we have taken steps over the past year to restructure improvement” and focused on initiatives to secure the our administration and staffing arrangements to provide a organisation’s financial and risk management practices, more effective model to deliver outcomes for our clients, the strengthen training and leadership, and build our governance community and other stakeholders. infrastructure. Under these changes, adopted in early 2010, the Executive This year has seen NTSCORP build upon those strong Services and Corporate Services teams were merged and the foundations to achieve solid outcomes for our clients. It gives me management of the Company is now divided into three groups: great pleasure to share the highlights of a year marked by success Corporate, Projects and Legal. stories for our clients and their communities. • The Corporate Group facilitates the smooth and efficient I am very pleased to report that in a major victory, agreement running of the Company’s administration, corporate policy, has been reached by the Traditional Owners and the State facilities, human resources, records and IT management, of NSW over the development of land in Forster on the financial management, external relations, culture and NSW mid-north coast. The claim was lodged in December communications. 2004, covering traditional land of Kattang speaking people • The Projects Group manages strategic business and in the Forster Tuncurry area. The State of NSW sought to community development projects, land, anthropological compulsorily acquire land for development purposes and and historical research, client & community facilitation, maintained that a right to negotiate did not apply. Following and Prescribed Bodies Corporate (PBC) and future acts successful proceedings by the Applicant, the State of NSW co-ordination. agreed to participate in the right to negotiate in 2008 and those “As a Company, our sights are now firmly fixed on the future negotiations progressed over 2008-2009. Those negotiations • The Legal Group retains responsibility for the case were successfully completed in 2009-10 and the agreement is management of native title claims, and in-house legal and ensuring that NTSCORP has the capacity to meet the currently being considered by the Department of Premier and services to the Company. Cabinet for authorisation and execution. Subsequent to the end of the financial year these new needs of our clients, pursue strategic activity and deliver solid A claim by the Gumbayngirr People (Boney) covering business units of the Company relocated to new premises. environmentally sensitive land near Urunga on the mid-north The Company continues to be located in Redfern, and we are outcomes for many years to come.” coast of NSW has been in active negotiation since 2002, proud of our commitment to remaining a part of the vibrant involving the State of NSW and Bellingen Council.