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. I am very Redfern-Waterloo community. pleased to report that an in-principle agreement has now been reached between the Applicant and the State and the final provisions of a draft Indigenous Land Use Agreement (ILUA) are being negotiated. The Department of Planning has assisted the Applicant with the preparation of a development application
6 – Annual Report 09/10 Annual Report 09/10 – 7 CEO REPORT NTSCORP PURPOSE, VISION & VALUES
NTSCORP
The Company has also reviewed and refined its governance Purpose, and operational structures. The process involved a review and Our vision is to amendment of the Company’s constitution, an assessment of the policies and procedures manual and the development and vision & promote social implementation of a strategic plan. These projects have been completed and roll-out is scheduled to commence during the justice & economic, 2010-11 reporting period. values cultural and social Our people continue to be our greatest asset. We are fortunate to have recruited new members to our team who bring specialised skills and knowledge in several key areas of focus to the independence for Company, included a dedicated manager to oversee our human and material resources. We have also retained a highly skilled the Traditional workforce, and we continue to provide professional development opportunities and meaningful career paths for our staff. Owners of the lands, The area of future acts is emerging as a key strategic field of seas and waters. activity within native title, and we have continued to develop our capacity to notify and advise clients of future acts activity, Our purpose is to assist Traditional Owners ensuring that they are able to exercise their rights in this achieve this vision through native title and important area. other appropriate mechanisms and initiatives. We continue to actively engage as advocates and partners in the At all times, it is essential that the values broader policy development process, through our ongoing work of NTSCORP are actively promoted and with the Commonwealth, NSW and ACT governments and their pursued. They are: agencies on a broad range of issues that affect native title and the Traditional Owners and their communities in NSW and the ACT. • Respect for Elders and other members of the community; As a Company, our sights are now firmly fixed on the future and ensuring that NTSCORP has the capacity to meet the needs of • A commitment to achieve positive our clients, pursue strategic activity and deliver solid outcomes outcomes for our clients and the for many years to come. I am pleased to commend this annual community; report to you. • A commitment to advance the capacity of self-determination and community building for Traditional Owners; • To act in a professional, honest and accountable manner; • To provide efficient, fair and transparent Warren Mundine performance of our functions; and Hon. DUniv (Sthn Cross) FAIM MAICD • To provide a safe, diverse and Chief Executive Officer and Company Secretary trusting workplace.
8 – Annual Report 09/10 Annual Report 09/10 – 9 The Company & our Company members NTSCORP is a public company limited by guarantee. It was incorporated under the Corporations Act 2001 (Cth) on 5 December 2001.
Pictured Executive Team (left to right): Petra Fowler, Manager Corporate Group Ken Lum, Manager Projects Group Damien Bidjara-Barnes, General Counsel Warren Mundine, CEO
10 – Annual Report 09/10 THe company & our company members THe company & our company members
NTSCORP operates primarily as a Chairperson: The Board of Directors: Native Title Service Provider. Its core Mr Michael Bell was elected the An interim Board of Directors was funding is provided by the Commonwealth inaugural Chairperson of NTSCORP established when the Company was Government through the Department of on 3 May 2005 and has continued to formed on 5 December 2001. The Families, Housing, Community Services serve the Company in this capacity interim Board served the Company until and Indigenous Affairs (FaHCSIA) in since that date. 30 October 2002 when a permanent accordance with s203FE of the Native Board of Directors was established. Title Act 1993 (Cth). This funding allows the Company to provide services to Deputy Chairperson: The Board operates in accordance with Traditional Owners, specifically to assist Mr Jim Wright was elected as the the Corporations Act 2001 (Cth), the them exercise their legal rights under the inaugural Deputy Chairperson on 6 June Native Title Act 1993 (Cth) and the Native Title Act 1993 (Cth). 2005 and has continued to serve the Company’s constitution. The Board is enabled to ensure that the Company’s Robust corporate governance is vital to Company in this capacity since that date. Fig 1. The diagram business is carried out under its direction. below shows the NTSCORP’s operation and allows us operational structure to better deliver services to our clients. Company Secretary: The Board is served by Member- of the Board The Company’s constitution is regularly The Chief Executive Officer, Directors and Non-Member-Directors. reviewed to reflect our commitment to Mr Warren Mundine, serves as the The functions of both groups of ➔Traditional Owners open, transparent and efficient governance. Company Secretary. Directors are as follows: a) Member-Directors: Following changes to the Company’s constitution in 2007, all Members are Member-Directors. Members Board Of Directors are appointed every two years at the & Company Members Company’s annual general meeting. Member-Directors have the full rights and privileges of a Company Director. There are to be no more than ten (10) Member-Directors at any one time. A quorum consists of four (4) Member- Chief Executive Officer Directors. & Company Secretary b) Non-Member-Directors: Non-Member-Directors of the Company are appointed by the Board of Directors. The purpose of Non-Member-Directors is to contribute professional and technical expertise to assist the Board in its decision making. There are to be no more than three (3) Non-Member-Directors at any time. Non-Member-Directors enjoy Board People, Performance Board Audit & RISK the rights and privileges of a Director & Nomination Committee MANAGEMent committee except for voting rights. The Board currently comprises Directors: nine (9) Member-Directors and three (3) Non-Member-Directors.
12 – Annual Report 09/10 Annual Report 09/10 – 13 board profiles board profiles
BOARD PROFILES
Michael Bell Clockwise from top left : (Chairperson) Allan Lamb Matilda House (Williams) Michael Bell Jim Wright Michael Bell was appointed to the Jim is a past chairperson of the Sydney/ Allan Lamb was appointed to the Board Aunty Matilda House (Williams) was Eddie Briggs Board as a Member-Director of the Newcastle Regional Aboriginal Land as a Member-Director of the Company appointed to the Board as a Member- Allan Lamb Norm Newlin Company in October 2002. He was Council and served as a Councillor for the in October 2002; he is a Yuwaaliyaay Director of the Company in November Matilda House elected as Chairperson in May 2005 Many Rivers ATSIC Regional Council for & Wiradjuri man. Allan holds a Bachelor 2005. Matilda has multiple Aboriginal and continues to serve in this position. 15 years and as an ATSIC Commissioner of Arts (Language and Linguistics) ancestries, identifying as a Walgalu Michael is a Ngunnawal man and for one three-year term. His ATSIC and is currently studying for a speaking Ngambri Women, however, also has a demonstrable commitment to portfolios included sport, youth, elders Graduate Diploma of Management and proudly acknowledging her Wallabalooa serving the Aboriginal community. He and disability. Jim has a deep involvement Administration at the Bachelor Institute (Ngunnawal), Pajong (Gundungurra) and is involved with several Aboriginal in the Aboriginal struggle in the Hunter of Indigenous Tertiary Education in the Wiradjuri ancestries. organisations, including the National region with a keen interest in the NT. He is a director of the Muurdi Paaki In 2006 Matilda was presented with Indigenous HACC Reference Group. development of education, employment, Regional Enterprise Corporation and the prestigious ‘ACT Citizen of the Michael further assists the community in economic and sporting opportunities was an ATSIC councillor for the Muurdi Year Award’ by the ACT Government. socio-economic development, particularly Paaki region for fifteen years. Allan Matilda is also involved in various in the areas of aged care, employment is heavily involved with the Goodooga Eddie Briggs boards including Fatsil (Aboriginal and and education. He is committed to the Magpies RLFC. Torres Strait Islander Corporation of further development of employment and Eddie Briggs was appointed to the Board Languages), Country Energy, NSW/ education for Aboriginal People through as a Member-Director of the Company Norm Newlin ACT Aboriginal Legal Service, Tidbinbilla his involvement with Buranya Aboriginal in October 2002. He is a Director of the Nature Reserve, Reconciliation Place and Corporation – an Aboriginal land care Kamilaroi Aboriginal Housing Corporation Norm Newlin was appointed to the Board Burringiri Aboriginal Cultural Centre. She group which was the winner of the 2009 and is a former national committee as a Member-Director of the Company is also a member of the Murrumbidgee NSW land care awards – NSW category. Member of the Aboriginal Medical Health in August 2004; he is a descendant and Research Association and the of the Worimi people and is a war Catchments Area Group. Northern Tablelands Region Aboriginal veteran. Norm has an honours degree in Jim Wright Land Council. Eddie has a long and communications from the University of (Deputy Chairperson) distinguished career in Aboriginal Technology and an Associate Diploma in Jim Wright was appointed to the Board affairs and has been recognised by the Adult Education; he is also a published as a Member-Director of the Company community for his efforts in advancing poet. Norm’s involvement in Aboriginal in October 2002. He was elected to Aboriginal issues. affairs spans almost half a century and the position of Deputy Chairperson in he sits on numerous boards including November 2005 and continues to serve membership of the NSW/ACT Aboriginal the Company in this position. Jim is a Legal Service and the Campbelltown descendant of the Anaiwan, Dunghutti, City Council Aboriginal Advisory Wonarua and Gweagal people and Committee. His tireless efforts on behalf has lived in the Newcastle area for 52 of the Aboriginal community were years. He is the Chairperson/Business recognised in 2006 when he received Manager of Youloe-Ta Indigenous the Campbelltown City Council Heritage Development Association Inc and Award. He is also a Justice of the Peace Chairperson of the Yarnteen Aboriginal and works with detainees at Long Bay & Torres Strait Islander Corp. Correctional Centre in his capacity as an Aboriginal Elder.
14 – Annual Report 09/10 Annual Report 09/10 – 15 board profiles board profiles
Clockwise from top left : Katie Wyatt Yvonne Stewart Melissa Williams Frank Fischl Elizabeth Henderson Parry Agius
Katie Wyatt Yvonne Stewart Melissa Williams Elizabeth Henderson Parry Agius Katie Wyatt was appointed to the Board as Yvonne Stewart was appointed to the Melissa Williams, a descendant of the commenced at Optus in 1992 where Elizabeth Henderson was appointed to the Parry Agius was appointed to the Board a Member-Director of the Company in July Board as a Member-Director of the Bundjulung people was appointed to she undertook research and development Board as a Non-Member-Director of the as a Non-Member-Director of the 2009. Originally from Western Australia, Company in July 2009. Yvonne holds the Board as a Member-Director of the which underpinned Optus’ entry to the Company in October 2009. She holds a Company in April 2010. He is the Chief Katie holds a Bachelor of Commerce and is an Associate Diploma of Aboriginal Company in April 2010. In 2008, Melissa Australian telecommunications market. Bachelor of Laws (Hons) and a Bachelor Executive Officer of South Australian a business and communications consultant Studies, Health Sciences from Monash became the University of Western She was headhunted by Telstra in of Science (Hons, Physics major), both Native Title Services (SANTS). His operating in Melbourne. University and has a strong management Sydney’s (UWS) Director Indigenous 1995. During 2005 to 2006, she was from the University of Sydney. Elizabeth work has been essential in achieving background with Indigenous organisations, Employment and Engagement in order on the judging panel for the Australian is the General Manager of Commercial an organised, consistent approach to Katie has strong experience in human particularly in health and housing. She also to make a difference and give back Information Industry Association’s in the Technology Group of Westpac native title and a working partnership resources and people management. Her has experience in strategic environmental to the community. As a result of her iAwards, Australia’s premier technology Banking Corporation where she provides between Aboriginal and non-Aboriginal particular expertise is developing internal management and cultural and natural corporate experience, Melissa brings innovation awards program. By 2006, she commercial leadership for Westpac’s stakeholders. As the primary architect of communications frameworks, human history. Throughout her career, Yvonne big picture thinking to her role at UWS. had become Telstra’s Industry Director major technology sourcing projects and its complex legal and negotiation processes, resource documentation, training and has developed high-level skills in project She has conceived a suite of initiatives (Media, Entertainment and Hospitality). strategic investment program and manages he has achieved settlement of native title development materials, tender documents management, stakeholder engagement and implemented these at UWS since its technology procurement functions. that has resulted in genuine economic and online marketing materials. Katie and liaison with government agencies and 2008. These include the first of its kind benefits for Aboriginal people. currently works as a change management Frank Fischl Elizabeth joined the Technology Group local communities. Employment and Engagement Advisory consultant for PricewaterhouseCoopers as from a senior role in Westpac’s Counsel Parry holds a Bachelor of Arts in Board in the tertiary education sector, Frank Fischl was appointed to the Board as well as being a freelance writer. Yvonne holds positions on several & Secretariat team where she assisted Aboriginal Affairs Administration, an clear targets for employment which are a Non-Member-Director of the Company boards, committees and organisations. strategic initiatives of the Westpac Group Associate Diploma in Aboriginal Studies contiguous with national priorities and a in December 2004. He is a chartered She is Chair of both the Arakwal National and provided decision and advisory and is a member of the Australian Senior Executive portfolio responsibility; accountant with a Bachelor of Commerce Parks and the Cape Byron Lighthouse support to the Board and the Executive Institute of Company Directors. He is Melissa has put UWS firmly at the centre (UNSW) degree. Frank has been a fellow Reserve Trust, Byron Bay. She is also Team. Previously, she had 10 years also the recipient of the Prime Minister’s of First Peoples’ life chances, creating of the Institute of Chartered Accountants a representative on the NSW Marine experience as a mergers & acquisitions Centenary Award 2000 for his work opportunities with a collectively bright in Australia since 1990 and is a Member Parks Advisory Committee (DECC), and corporate lawyer at Freehills, one of with the Indigenous people of South future and show casing strong local of their Professional Conduct Tribunal. He Environmental Trust Grants Committee, Australia’s largest law firms. Australia, and in 2005 he was awarded the leadership. In recognition of this work, is a retired partner of the highly respected Land Alive Trusts Committee, Byron Shire prestigious Winston Churchill Fellowship. her Office is a 2010 Australian Human accounting firm PricewaterhouseCoopers, Council Reference Group, the Regional Resources Institute Finalist for the Fons having been with them for 32 years. He Advisory Committee, and the Environmental Trompenaars Award for Diversity and was formerly registered as a liquidator and Protection Authority, Department of Cross Cultural Management. company auditor. Environment and Climate Change. Yvonne is a former Chair of the Aboriginal Cultural Melissa holds a Bachelor of Business Advisory Committee (DECC). from UTS, an Innovation Patent (Medical Mechanical), a Graduate Certificate in Research from UWS and is currently enrolled in a PhD. Melissa
16 – Annual Report 09/10 Annual Report 09/10 – 17 executive profiles executive profiles
Executive profiles
Warren Mundine Ken Lum Petra Fowler Damien Bidjara–Barnes Warren Mundine is the Chief Executive Officer of NTSCORP Ken Lum is the Manager Projects Group for the Company and Petra Fowler was appointed Manager Corporate Group in Damien Bidjara-Barnes was appointed as the General Counsel and an advocate for Indigenous economic development. has been employed by NTSCORP since its inception in 2001. February 2010; she manages the Finance, People & Facilities for the Company on 1 January 2008; he is a descendant of the Ken was the Company’s Head of Operations prior to his current and Corporate Affairs units of NTSCORP. Petra has a wealth Bidjara people from Central Queensland. Warren is a Doctor of the University (honoris causa) (Southern appointment in May 2010. He manages the Research, Land of experience in finance and corporate services in local Damien was, until his resignation in September 2010, the Cross University). He is a member of the Australian Institute Tenure and Notifications and Community Facilitation units within government, trade unions and banking. Petra commenced solicitor on the record in the Federal Court of Australia for native of Management and the Australian Institute of Company NTSCORP. Ken holds a PhD in anthropology (UQ). He has 20 work at NTSCORP in October 2008 as the Executive Services title claims by Traditional Owners represented by NTSCORP Directors. Warren is also Chairman of the Australian Indigenous years experience in Aboriginal land rights and worked in the Manager and was then promoted to Corporate & Executive as well as solicitor on the record for all other claims in which Chamber of Commerce, and was involved in the development Northern Territory for 10 years as a research anthropologist Services Manager. the Company acts. Damien holds a Bachelor of Engineering of the Australian Employment Covenant (AEC) as an executive for the Northern Land Council. He was later employed by (USyd) as well as a Bachelor of Laws (UNSW), and has of the steering committee. In 2008, he was appointed by the NSWALC as the Principal Research Anthropologist (Native extensive experience in construction, mining and native title law. Prime Minister to the Australian Government’s National Policy Title Unit) before moving to NTSCORP (then NSWNTS). His He has 11 years experience in the legal profession and was a Commission – Indigenous Housing Committee. previous positions at NTSCORP were Head of Research and recipient of the National Australia Bank Indigenous Scholarship Head of Operations. He is also the Chair of both of NAISDA Limited and NSW to undertake an Executive MBA through Melbourne Business Labor’s Indigenous Policy Committee. He is an Executive School (native title unit). Member of the National Native Title Council, a Director of the Australian Indigenous Education Foundation, a member of Southern Cross University Foundation, Ambassador for the Song Room and Indigenous Ambassador for the Australian Football Federation. Previous roles include the National President of the Australian Labor Party; Chair of NSW Country Labor, and a member of the NSW Attorney General’s Juvenile Crime Prevention Committee, NSW PCYC State Board and IAG’s Expert Community Advisors Committee. He has also had considerable involvement in local 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.
18 – Annual Report 09/10 Annual Report 09/10 – 19 management & operational structure management & operational structure
The CEO is responsible for the appointment of staff to meet the Fig 2. The diagram below shows the strategic objectives and operational plans of the Company. The operational structure of the Company Management Management Leadership Team is responsible for the day to day operations of the Company and reports to the CEO. BOARD OF DIRECTORS NTSCORP regularly reviews the Company’s structure, budgets & operational 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. These reviews have led to the implementation structure of a number of reforms over the previous two reporting cycles. In the first phase (2007-08 reporting period) the Company instituted constitutional amendments and undertook rebranding. BOARD PEOPLE, CHIEF EXECUTIVE NTSCORP regularly reviews the BOARD AUDIT & risk SUBSIDIARY COMPANY In the second phase (2008-09 and 2009-10 reporting performance & OFFICER & COMPANY management COMMITTEE NSW NATIVE TITLE PTY LTD Company’s structure, budgets and periods) NTSCORP restructured its administration and staffing nomination committee SECRETARY arrangements to provide a more effective model to deliver operational plans to ensure that outcomes for clients, the community and other stakeholders, and to ensure the Company is well placed to undertake future the services provided to clients strategic objectives. Under the most recent changes, adopted in early 2010, the Executive Services and Corporate Services are of a high quality. teams were merged and management of the Company is now PERSONAL ASSISTANT TO THE divided into three groups: Corporate, Projects and Legal. CHIEF EXECUTIVE OFFICER 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 group consists MANAGEMENT of the People & Facilities, Finance and Corporate Affairs teams. LEADERSHIP TEAM The Projects Group manages strategic business and community development projects, land, anthropological and historical research, client & community facilitation, and Prescribed Bodies SAFETY, sustainability & Corporate (PBC) and future acts co-ordination. The group finance and consists of the Research & Notifications, Client & Community corporate responsibility budgetary committee Relations and Strategic Development teams. committee The Legal Group is responsible for the case management of native title claims, and in-house legal services to the Company. The Group consists of the Legal team. These changes were reflected in new arrangements for company relocation Company social club Management Committees. The CEO’s Executive Committee advisory committee became the Management Leadership Team and a Finance and Budgetary Committee and Company Social Club Committee were created to support the new model. The third phase (2009-10 reporting period) involved further constitutional changes, a review of the policies and procedures manual and the development and implementation of a strategic plan. These projects have been completed and roll-out is scheduled to commence during the 2010-11 reporting period. MANAGER MANAGER GENERAL COUNSEL CORPORATE GROUP PROJECTS GROUP
20 – Annual Report 09/10 Annual Report 09/10 – 21 staff board committees
Position employee Executive Team CEO and Company Secretary Mr Warren Mundine STAFF Manager Projects Group Dr Ken Lum BOARD Committees Manager Corporate Group Ms Petra Fowler The following are the General Counsel Mr Damien Bidjara-Barnes staff that were employed Chief Financial Officer Mr Allan Barraza Audit and Risk Management Committee during the 2009-10 Corporate Services Group financial year: Finance Manager Ms Manju Saini Role: Relationships and Authority: The Committee is appointed by the Board and is formed for the Assistant Accountant Mr Sam Cherian 1) Reports to the Board of Directors; and purpose of the review and oversight of: Financial Controller Ms Lyn Chang 2) Oversees the audit and risk management process. People and Facilities Manager Ms Karina Radowski 1) The integrity of the accounting and financial reporting processes of the Company; Corporate Affairs Manager Ms Danielle Bevins-Sundvall Confidentiality: Special Projects Coordinator Ms Jennifer Pont 2) The Company’s external audit (including the appointment All proceedings of Committee meetings, including papers of the auditor); submitted and presentations made to the Committee, shall Project Coordinator, Corporate Affairs Ms Nikki Suey be kept confidential and will not be disclosed or released to Executive Assistant to the CEO Ms Lauren White 3) The Company’s internal audit; any person other than Committee members, the Committee Manager, the Board members and the Chief Executive Officer, Executive Assistant to the CEO Ms Elizabeth Dzajkovski 4) Compliance with applicable accounting standards to give a except as required by law or as agreed by the Committee. true and fair view of the financial position and performance Executive Assistant to the Manager, Corporate Group Ms Madeleine Bye of the Company; and Administrative Assistant Ms Heidi Aben Qualifications and Experience: 5) The risk management procedures and operations. Projects Group 1) Membership of the Board of Directors; and General Functions and Tasks: Deputy Group Manager Projects and 2) Financial and accounting expertise or a working Ms Natalie Rotumah knowledge of basic finance and accounting practice. Head of Community Relations 1) To make recommendations to the Board on the selection process and appointment of an external auditor; Anthropologist Mr Simon Correy Committee Membership: Anthropologist Mr James Rose 2) To form an appreciation, with the external auditor, of the The Committee membership consists of four directors total audit plan; Historian Dr Michael Bennett appointed by the Board of Directors. Senior Land Research Officer Mr Peter Schultz 3) To check the auditor’s evaluation of internal controls; Committee Management: Land Research Officer Mr George Tonna 4) To review the assistance given by the Company’s 1) The Chairperson of the Committee is appointed by the Research Assistant Ms Nicole Curby management leadership team to the external auditor; Board of Directors; Community Facilitator Mr Neville Kim 5) To determine whether an internal audit is required; 2) The minute secretary of the Committee is the Company Community Facilitator Mr Barry Duncan 6) To review the results of the audit; Secretary or their delegate; and Administrative Assistant Ms Annika Rotumah 7) To review the financial statements from management and 3) The Committee Manager is the Chief Executive Officer Legal Team the external auditor prior to their submission to the Board; or their delegate. Senior Solicitor Mr Philippe Savidis 8) To monitor the management leadership team to ensure Review and Amendments: it complies with its grants terms and conditions and any Senior Solicitor Ms Mishka Holt reporting processes; 1) The People, Performance & Nomination Committee will, at Future Acts Solicitor Ms Cobey Taggart least once in each financial year, review the Committee’s 9) To monitor the management leadership team to ensure performance and charter; and Future Acts Solicitor Mr Matthew Punch it complies with any reporting processes under the Solicitor Ms Ebony Allen Corporations Act, taxation or any other laws; 2) The Board may make amendments to the Committee’s Charter as the Board determines necessary or desirable. Solicitor Ms Tori Edwards 10) To review accounting policies adopted, or any changes Law Graduate / Policy Officer Ms Rana Koroglu made or contemplated; Law Graduate Ms Jemima McCaughan 11) To review and recommend changes for approval by the Paralegal Mr James Dwyer Board; and Paralegal Mr Andrew Small 12) To carry out any other functions that the Board or Chief Executive Assistant to the General Counsel Ms Eva Chybna Executive Officer may direct or request from time to time.
22 – Annual Report 09/10 Annual Report 09/10 – 23 Board comittees management committees
People, Performance and Nomination Committee Management Committees Role: Relationships and Authority: 1) To carry out the selection and to make recommendations to 1) Reports to the Board of Directors; and Safety, Sustainability and Corporate Responsibility Committee the Board regarding the appointment of: 2) Oversees the Company members, directors and Chief a) The Company members as per Clause 10 of the Executive Officer recruitment, selection, assessing their Constitution; skills and development. Role: b) The Non-Member-Directors as per Clause 37 of the 1) The primary function of the Committee is to assist 2) Sustainability Constitution; Confidentiality: the Board and the Management Leadership Team in a) Reviewing the Company’s sustainability principles and enabling the Company to operate its businesses ethically, c) The members of Committees of the Board and the All proceedings of Committee meetings, including papers policies; responsibly and sustainably. The Committee will oversee Company; and submitted and presentations made to the Committee, shall be kept confidential and will not be disclosed or released to promotion of the principles of safety, sustainability and b) Reviewing the Company’s environmental and d) The Chief Executive Officer. any person other than Committee members, the Committee corporate responsibility as the foundations of good greenhouse gas footprint and tracking performance Manager, the Board members and the Chief Executive Officer, management and good business across the Company. indicator trends; 2) The Committee shall also: except as required by law or as agreed by the Committee. 2) The Committee will have oversight of and review of: c) Reviewing priority goals and targets and monitoring a) Review at least annually with the CEO the status of the implementation; organisational strength and operational plan; Qualifications and Experience: a) The Company’s actions to meet its obligation to maintain the health and safety of its people; d) Considering and approving the Company’s annual b) Review the operational plan report from the management 1) Membership of the Board of Directors; and Sustainability Report; leadership team prior to its submission to the Board; b) Th e social, environmental and ethical impact of the e) Considering reports submitted by management on 2) Corporate governance and performance appraisal Company’s policies and practices; c) Regularly discuss with the management leadership environmental performance and issues; and team matters that are of concern to them and/or the expertise or a working knowledge of basic performance c) Initiatives to enhance the Company’s sustainable Committee; and appraisal practice. business practices and reputation as a responsible f) Overseeing the Company’s compliance with relevant corporate citizen; legislation and the Company’s policies. d) Where necessary, make emergency decisions on behalf Committee Membership: of the Board. The directors at the next Board meeting d) Integration of safety, sustainability and corporate 3) Corporate Citizenship The Committee membership consists of four directors appointed shall ratify those decisions. responsibility in the formulation of the Company’s by the Board of Directors. a) Formulating, reviewing and monitoring compliance corporate strategy, risk management framework, and with policies and procedures so as to seek to ensure General Functions and Tasks: people and culture priorities; and Committee Management: the Company acts ethically and responsibly in its 1) Assessing and enhancing the necessary and desirable e) The Company’s compliance with all relevant legal interactions with its people, its customers, its suppliers competencies of the Company members, the Board and 1) The Chairperson of the Committee is appointed by the obligations on the matters within its responsibilities. and the community at large; Committees; Board of Directors; b) Overseeing the Company’s compliance with relevant General Functions and Tasks: legislation on the matters within its responsibilities; 2) The minute secretary of the Committee is the Company 2) Reviewing the size and composition of the Company and membership, the Board and Committees, including Secretary or their delegate; and 1) Occupational Health and Safety (OH&S) c) Promoting the Company as a good corporate citizen succession plans to enable an appropriate balance of a) Overseeing the Company’s compliance with relevant 3) The Committee Manager is the Chief Executive Officer or in the community by involvement in and running skills, experience and expertise to be maintained; OH&S legislation and the Company’s OH&S Policy; their delegate. community programs that enhance the Company’s 3) Overseeing the induction process for new Company b) Reviewing and monitoring the effectiveness of the vision, purpose, values and motto. members, directors and Committee members, and Review and Amendments: Company’s OH&S Management System, including the d) To carry out any other functions that the Board or reviewing its effectiveness; adequacy of processes for identifying, assessing and Chief Executive Officer may direct from time to time. 1) The Board will, at least once in each financial year, review avoiding OH&S risks; 4) Monitoring and assessing the continuing education program for the Committee’s performance and charter; and Company members, directors and Committee members; c) Monitoring the Company’s compliance with relevant Relationships and Authority: 2) The Board may make amendments to the Committee’s OH&S legislation and its OH&S Policy; 5) Reviewing a process for the selection and removal of Charter as the Board determines are necessary or 1) Reports to the Board of Directors; and d) Reviewing extreme and very high OH&S risks and Company members, directors and Committee members, desirable. issues, and action plans put in place to reduce risk and reviewing its effectiveness; 2) Monitors Management’s OH&S, Sustainability and and prevent future incidents; Corporate Citizenship programs and procedures. 6) Recommending the appointment of new Company e) Reviewing the Company’s health and safety initiatives members, directors to the Board and Committee members, and programs, and their success; and Confidentiality: having regard to the desirable qualifications, experience All proceedings of Committee meetings, including papers f) Considering reports submitted by management on and domicile for individual new appointees; submitted and presentations made to the Committee, shall health and safety performance and issues. be kept confidential and will not be disclosed or released to 7) Reviewing the succession planning for the Chief Executive any person other than Committee members, the Committee Officer; and Manager, the Board members and the Chief Executive Officer, 8) To carry out any other functions that the Board or Chief except as required by law, or as agreed by the Committee. Executive Officer may direct or request from time to time.
24 – Annual Report 09/10 Annual Report 09/10 – 25 management committees management committees
Qualifications and Experience: Management Leadership Team 1) A member of the Board of Directors or an employee of the Company; and 2) OH&S, Sustainability and Corporate Citizenship expertise Role: Relationships and Authority: or a working knowledge of basic OH&S, Sustainability and The Management Leadership Team is the senior advisory team Corporate Citizenship practice. 1) Reports to the Chief Executive Officer; and to the Chief Executive Officer on the efficient and effective management of the Company including the Company’s finance, Committee Membership: 2) Supports the Chief Executive Office in the Company operation and administration. achieving its goals and objectives. The Committee membership consists of the People and Facilities Manager, the Corporate Affairs Manager, and General Functions and Tasks: Confidentiality: one representative each from the Board of Directors, the All proceedings of meetings of the Management Leadership Corporate Group, the Legal Group, the Projects Group and a 1) To advise the Chief Executive Officer on the day-to-day Team, including papers submitted and presentations made to representative from the Coffs Harbour office. management of the Company; the Management Leadership Team, shall be kept confidential Committee Management: 2) To present and make recommendations to the Board of and will not be disclosed or released to any person other than Directors, the Audit & Compliance Committee and the Management Leadership Team members, the Committee Manager, the Board members and the Chief Executive Officer, 1) The Chairperson of the Committee is appointed by the People, Performance & Nomination Committee on the except as required by law or as agreed by the Committee. members of the Committee; annual budget, the business plan, the operational plan and Company policies; 2) The minute secretary of the Committee is appointed by Management Leadership Team Membership: the Chairperson of the Committee; and 3) To review and report to the Board of Directors on key ongoing strategic and operational issues facing the Company; The Management Leadership Team membership consists of the: 3) The Committee Manager is the Chief Executive Officer or their delegate. 4) To review and report to the Board of Directors on progress 1) Chief Executive Officer; and outcomes, ensuring alignment with endorsed strategic Review and Amendments: and operational objectives; 2) Manager Corporate Group; 3) General Counsel & Head of Legal; and 1) The People, Performance & Nomination Committee will, at 5) To review the reports from each Head of Division prior to their submission to the Board of Directors, the Audit & least once in each financial year, review the Committee’s 4) Manager Projects Group. performance and charter; and Compliance Committee and the People, Performance & Nomination Committee; Management Leadership Team Management: 2) The Board may make amendments to the Committee’s 6) To advise the Chief Executive Officer on the progress and Charter as it determines is necessary or desirable. 1) The Head of the Management Leadership Team and the performance of each Division of the Company; Chairperson of its meetings is the Chief Executive Officer; 7) To regularly discuss with the Chief Executive Officer 2) The minute secretary of meetings of the Management matters that are of concern to them and/or the Leadership Team is appointed by the Chief Executive Management Leadership Team; Officer; and 8) To make emergency decisions on behalf of the Company 3) The Management Leadership Team Meeting Manager is subject to ratification of such decisions by the next the Chief Executive Officer or their delegate. meeting of the Board of Directors;
9) Minutes of all Management Leadership Team meetings are Review and Amendments: to be made and retained. The minutes must be provided to the Chief Executive Officer for noting at the earliest 1) The Chief Executive Officer or their delegate will, at least opportunity; and once in each financial year, review the Management Leadership Team performance and charter; and 10) Such other functions and tasks that the Team and/or Chief Executive Officer may determine. 2) The Chief Executive Officer may make amendments to the Management Leadership Team Charter as the Chief Executive Officer determines are necessary or desirable.
Norm Newlin Member-Director of the Company
26 – Annual Report 09/10 Annual Report 09/10 – 27 management committees management committees
Finance and Budgetary Committee Company Relocation Advisory Committee
Role: Confidentiality: Role: Relationships and Authority: The Finance and Budgetary Committee develops and All proceedings of Committee meetings, including papers The purpose of the Committee is to carry out the selection and 1) Reports to the Chief Executive Officer; and makes recommendations to the Chief Executive Officer and submitted and presentations made to the Committee, shall then to make recommendations to the Chief Executive Officer Management Leadership Team on the Company budget, the be kept confidential and will not be disclosed or released to as to location, the relocation movement schedule, the design, 2) Supports the Chief Executive Office in achieving the annual submission to FaHCSIA for funding and any variations to any person other than Committee members, the Committee layout and ambience of new office premises of NTSCORP. successful relocation of the corporate office of the that budget. The Committee also deals with requests for funding Manager, the Board members and the Chief Executive Officer, Company. from any Company Group and/or team. except as required by law or as agreed by the Committee. General Functions and Tasks: Confidentiality: 1) Making recommendations on the location of new office General Functions and Tasks: Committee Membership: All proceedings of Committee meetings, including papers premises of the Company; The Committee membership consists of the members of the submitted and presentations made to the Committee, shall 1) On an annual basis the Committee will design, develop, Management Leadership Team and the Finance Manager. be kept confidential and will not be disclosed or released to review and make recommendations to the Management 2) Making recommendations on the design and layout of new any person other than Committee members, the Committee Leadership Team on the Company’s budget; office premises of the Company; Committee Management: Manager, the Board members and the Chief Executive Officer, 2) The Committee will submit the annual FaHCSIA funding 3) Making recommendations on the fit out of a new office; except as required by law or as agreed by the Committee. submission to the Management Leadership Team for 1) The Chairperson of the Committee is the Chief 4) Making recommendations of office accommodation of staff; review, change and approval before forwarding it to Executive Officer; Committee Membership: FaHCSIA; 2) The minute secretary of the Committee is appointed by the 5) Reviewing and monitoring the progression of the The Committee membership consists of one representative each relocation and development of new office premises and 3) The Committee will monitor and review the Company’s Chairperson of the Committee; and from the Board of Directors, the Management Leadership Team, making recommendations to the Chief Executive Officer; budget four times in a calendar year; the Corporate Group, the Legal Group and the Projects Group. 3) The Committee Manager is the Chief Executive Officer or 6) Recommending the appointment of the Project Manager 4) The Committee will review and make recommendations to their delegate. and other such experts, having regard to the desirable Committee Management: the Management Leadership Team on any variations to the qualifications, skills and experiences to carry out the work; Company budget; Review and Amendments: 1) The Chairperson of the Committee is appointed by the 7) Developing, recommending and monitoring a relocation Chief Executive Officer; 5) The Committee will monitor, review and make 1) The Chief Executive Officer or their delegate will, at movement schedule; recommendations on the financial and budgetary policies least once in each financial year, review the Committee’s 2) The minute secretary of the Committee is appointed by and procedures of the Company; performance and charter; and 8) At all times assessing the needs of the Company when the Chairperson of the Committee; and making decisions and recommendations; 6) The secretary of the Committee must cause minutes of all 2) The Chief Executive Officer may make amendments to 3) The Committee Manager shall be the Chief Executive Committee meetings to be made and retained. Minutes of the Committee’s Charter as the Chief Executive Officer 9) Developing, implementing and coordinating a strategic Officer or their delegate. Committee meetings must be provided to the Committee determines are necessary or desirable. corporate business and community development services; manager for noting at the earliest opportunity; and Review and Amendments: 10) The secretary of the Committee must cause minutes of 7) Such other functions and tasks as the Committee and/or all Committee meetings to be made and retained. Minutes 1) The Chief Executive Officer or their delegate will, at the Chief Executive Officer may determine. of Committee meetings must be provided to the Chief least once in each financial year, review the Committee’s Executive Officer for noting at the earliest opportunity; and performance and charter; and Relationships and Authority: 11) Such other functions and tasks as the Chief Executive 2) The Chief Executive Officer may make amendments to 1) Reports to the Chief Executive Officer; and Officer may determine. the Committee’s Charter as the Chief Executive Officer determines are necessary or desirable. 2) Supports the Chief Executive Office in the Company achieving its Financial and Budgetary goals and objectives.
28 – Annual Report 09/10 Annual Report 09/10 – 29 management committees corporate governance
Company Social Club Committee About our Company Corporate NTSCORP (formally New South Wales Native Title Services Limited) was incorporated under the Corporations Act 2001 (Cth) as a public company limited by guarantee on 5 December Role: Confidentiality: 2001. It has grown into one of Australia’s leading native title The purpose of the committee is to play a role in the Company’s All proceedings of Committee meetings, including papers Governance service companies. culture, image, morale, team building, productivity and friendship submitted and presentations made to the Committee, shall NTSCORP is not a Native Title Representative Body (NTRB) but by the developing and organising the Company’s internal and be kept confidential and will not be disclosed or released to Robust corporate governance is funded under Section 203FE of the Native Title Act 1993 (Cth) annual social functions and activities. any person other than Committee members, the Committee (the NTA) by the Department of Families, Housing, Community Manager, the Board members and the Chief Executive Officer, is the cornerstone of any Services and Indigenous Affairs (FaHCSIA), to carry out the General Functions and Tasks: except as required by law or as agreed by the Committee. functions of an NTRB. The Company provides services to assist good company. the Aboriginal people of NSW and the ACT to exercise their legal 1) Create, organise and manage the Company’s social Committee Membership: rights under the NTA. functions and activities effectively and efficiently within One representative from the Management Leadership Team the constraints of scope, quality, time and cost, and within and two representatives each from the Corporate Group, Legal established Company OH&S and other policies and Group and Projects Group. procedures;
2) Supporting the Chief Executive Officer in the achievement Committee Management: of Company goals and objectives by its activities; 1) The Chairperson of the Committee shall be appointed by 3) Preparation of an annual social functions and activities the Committee members; plan, annual and periodical reports and briefing materials for the Chief Executive Officer and management; 2) The Secretary of the Committee shall be appointed by the Committee members; and 4) Participate in negotiations and discussions with internal and external organisations and individuals as part of the 3) The Committee Manager shall be the Corporate Committee’s functions and activities; Citizenship Co-ordinator. 5) Raise funds to help fund the functions and activities of the Review and Amendments: Committee within Company policies and procedures; 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. Minutes of performance and charter; and Committee meetings must be provided to the Committee manager for noting at the earliest opportunity; 2) The Chief Executive Officer may make amendments to the Committee’s Charter as the Chief Executive Officer 7) A part of the Committees’ work will include out-of-hours determines are necessary or desirable. and on-call cover; and
8) Such other functions and tasks as 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 creation of a social friendly, team building and safe working environment.
Pictured (left to right): Warren Mundine, CEO Matilda House, Member – Director Nikki Suey, Project Coordinator, Corporate Affairs
30 – Annual Report 09/10 Annual Report 09/10 – 31 corporate governance corporate governance
As a result of increasing demands, NTSCORP has resolved • Increased focus on accountability through enhanced to seek additional funding streams through the provision of communications through information material, newsletters, consulting services to the private, public and community sectors. the Company’s website and participation at community events; 2009-10 The functions, powers, responsibilities and role of NTSCORP are set out in section 203B-BK of the NTA. Definitions and • A staff induction manual to improve existing Director and conditions affecting the performance of its functions are staff induction procedures; contained in Part 11 Divisions 1-7 of the NTA. Highlights • The development and planned roll-out of the PM3 In summary the functions and powers of an NTRB as defined in performance management program to measure staff s203 of the NTA are: performance against stated objectives; and • Facilitation and assistance; • The development and planned roll-out of enhanced record keeping systems through TRIM. • Dispute resolution; Redfern Aboriginal Yanay to Gamilaraay Indigenous Parliamentary Our clients and the community that we are proud to represent Corporations Sports Festival – Y2G Football Challenge • Notification; can be confident that our Company is committed to the Competition NTSCORP staff held a stall at the NTSCORP facilitated the selection of a • Agreement making; promotion of a corporate culture that is accountable, ethical and The Redfern Aboriginal Corporations Y2G Festival in Moree in September team of U/23 Aboriginal & Torres Strait transparent. Sports Competition is a joint initiative 2009. Staff provided general native Islander soccer players from around • Internal review; and of NTSCORP, the National Aboriginal title information as well as individual Australia to participate in the inaugural • Other functions (see s203BJ in particular). Sustainability and Corporate Sporting Chance Academy (NASCA) consultations on family tree and Indigenous Parliamentary Challenge in and the National Centre for Indigenous genealogy research. Y2G was the first Canberra in October 2009. The team Responsibility Excellence (NCIE). The competition ever Dance Corroboree to be held in NSW beat the Parliamentary team 2-1, with Our Company’s Approach to commenced in February 2010 and aims in modern times. It aimed to introduce Alistair Evans of Borroloola named best As an Aboriginal organisation and a good corporate citizen, to provide a regular social and business culturally appropriate education and and fairest. This is now scheduled to be Corporate Governance NTSCORP is proud of its commitment to sustainability networking environment for the staff of community programs into the festival to an annual event. and corporate responsibility. The Safety, Sustainability and Robust corporate governance is the cornerstone of any good Aboriginal organisations in the Redfern/ capture the minds and hearts of the next Corporate Responsibility Committee provides recommendations Waterloo area. Six teams are currently generation of Gamilaraay storytellers, company. This is particularly so for a company like NTSCORP and advice to the Company on these areas but it is a focus of NSW Aboriginal Rugby League that is publicly funded and exists to provide services to the participating with the potential to expand dancers and arts and craft makers. Knockout each and every staff member. the competition following interest from Aboriginal community. Our clients, government and the NTSCORP staff held a stall at the NSW NTSCORP takes its environmental and sustainability other local organisations. community expect the NTSCORP Board and staff to conduct Indigenous Football Aboriginal Rugby League Knockout held responsibilities seriously and endeavours to promote their business with high levels of accountability, transparency Development Program in Armidale in northern NSW over the sustainable business practises both within the Company and and ethical behaviour. The Block Family & Culture Days NTSCORP CEO Warren Mundine is October long weekend in 2009. The in the community. In preparation for the Company’s relocation, The Redfern-based Tribal Warrior one of Football Federation Australia’s Knockout is one of the largest gatherings NTSCORP takes good corporate governance seriously. We the Company Relocation Advisory Committee ensured that Association hosts a Family & Culture Indigenous Ambassadors for the of Aboriginal people in the state. Staff are committed to ensuring that good governance practices sustainable design and operational practices (such as recycling Day at ‘The Block’ in Redfern on the last Indigenous Football Development distributed promotional material and underpin all Company operations and all dealings with clients, facilities) were prioritised in the development of the fit out of the Saturday of every month and each day Program. NTSCORP was responsible provided information on family trees, staff, Directors, external stakeholders such as FaHCSIA, other new premises. government agencies and the National Native Title Tribunal, the has a different theme. NTSCORP staff for developing and implementing a genealogy research and native title claim Aboriginal community of NSW and the ACT, and the broader Corporate responsibility is overseen by the Corporate Affairs are encouraged to attend these events community engagement program in updates to clients. Australian community. Manager, the Corporate Affairs Projects Coordinator and the to foster relationships with the local four targeted regions: Moree (NSW Head of Community Relations. Community engagement with community. Girls), Dubbo (NSW Boys), Shepparton NTSCORP has implemented a range of policies, procedures our local Redfern and Coffs Harbour communities as well as (Victorian Boys) and Townsville and practices to ensure the maintenance and strengthening of the broader NSW and ACT Aboriginal communities is central to 2009 NAIDOC Week (Queensland Boys & Girls). Participation robust corporate governance at every level of the Company: our corporate responsibility activities. We work with community Days were held in each of these regions NTSCORP staff attended the Solidarity • Ongoing training and education for Directors and staff representatives to ensure that our projects and policies are to select teams for the 2009 Indigenous Concert hosted by Youloe-Ta Indigenous to ensure awareness of and compliance with corporate culturally appropriate. Many of our corporate responsibility Football Festival held in Townsville Development Association at the governance and reporting responsibilities; activities are directly related to sport and culture, recognising in July 2009. 16 teams from around the importance of these activities to the communities we serve. Newcastle Foreshore. The Company held Australia attended, with the host side • Ongoing activities of the Audit and Compliance Committee, a stall for young people to come and Townsville winning both the boys and the People, Performance and Nomination Committee and the In addition to the highlights outlined below, NTSCORP staff paint small canvasses. girls competitions. Safety, Sustainability & Corporate Responsibility Committee; have been involved in a broad range of formal and informal projects working with respected community organisations such In Redfern, NTSCORP partnered with • The development of a Strategic Plan; as the Tribal Warrior Association, Redfern Aboriginal Housing the City of Sydney to host an information stall and public weaving workshop in • Regular review of the NTSCORP Policies and Procedures Company and Jawun Indigenous Corporate Partnerships (previously the Indigenous Enterprise Partnerships or IEP). the Redfern Community Centre in July Manual which addresses employment-related issues, 2009 as part of Council and the local financial and accounting practices, internal administrative We are also committed to supporting local Aboriginal community’s NAIDOC week celebrations. practices, Board practices and policies directly affecting businesses where possible through the purchase of goods The weaving workshop was run by clients (i.e. Facilitation and Assistance Policy and Internal and services. NTSCORP is a member of the Australian Boolarng Nangamai Aboriginal Art & Review Policy); Indigenous Chamber of Commerce and the Redfern Waterloo Culture Studio. • Regular review of the Company’s constitution; Chamber of Commerce. • Regular reviews to ensure compliant reporting mechanisms and disclosures;
32 – Annual Report 09/10 Annual Report 09/10 – 33 people & facilities management people & facilities management
People & facilities management At NTSCORP we believe our people are our greatest asset. This year, the new role of People and Facilities Manager was created to ensure that our staff continue to receive the support and resources required to perform to the very best of their ability.
Recruitment, Staff Turnover and RETENTION Changes in Industrial Relations Legislation Occupational Health and Safety Aurora Internships NTSCORP has focused on streamlining strategic human With the introduction of the Fair Work Act 2009 (Cth), The Safety, Sustainability and Corporate Responsibility Committee NTSCORP has continued to participate in the Aurora Projects resources processes to ensure the best candidates are NTSCORP undertook a review of its employment agreements continued to oversee the Company’s compliance with relevant Internship program. The program gives students studying recruited and retained within the organisation. We will further and policies relating to human resources and industrial relations Occupational Health and Safety (OH&S) requirements. Changes anthropology, law and policy the opportunity to experience develop and implement a strategy to increase Indigenous and amended them accordingly. This included the alignment of were made to the Committee membership to appoint two working in native title. NTSCORP took on 12 interns throughout recruitment throughout the 2010-11 financial year. the Company’s new employment agreement with the changes to management representatives: The People and Facilities Manager 2009-2010. NTSCORP also took on two external work the Act and ensuring NTSCORP’s employee leave entitlements to oversee the safety and sustainability activities of the Company, experience students within this period. The recruitment process has been developed to include a wider meet at least the minimum standards. To support staff retention, and the Corporate Affairs Manager to oversee NTSCORP’s advertisement network in order to attract the best candidates. Many of our Legal Group staff began working with NTSCORP some entitlements have been maintained above the standard corporate responsibility activities. In order to ensure compliance We are also assessing the use of new technologies such as as Aurora Interns. In 2009-2010 we had four Aurora Interns required under the Act. For example we continue to offer with current NSW legislation, a four day OH&S training program social networking to increase awareness of the Company working within the organisation in permanent positions as staff the opportunity to access paid study leave should they was scheduled for September and October 2010 for all which will greatly assist in reaching employment candidates. paralegals; one of whom has since been promoted to a solicitor be undertaking education and professional development Committee members and other employees at NTSCORP. The recruitment process now ensures that each interview is position. The interns that volunteer with us are highly intelligent, while working with us. conducted by an interview panel that includes one employee During the 2009-10 reporting period, NTSCORP employees very committed and interested in making a difference in native from each unit as well as at least one Indigenous employee. participated in fire safety and first aid training. All staff passed title. It is crucial we continue to participate in the internship NTSCORP also created its own employment email address Training and development their assessment and received a St John’s first aid certificate. program and look to recruit and retain those students who have which has successfully been used as a means for the general NTSCORP encourages staff to undertake training and NTSCORP also provided staff with free, optional, influenza worked with us as interns. They are and will continue to be an public to contact us regarding employment opportunities, and professional development. We have developed new procedures vaccinations. In the reporting year, NTSCORP recorded one invaluable asset to the Legal Group and the organisation as whole. as a central address for job applications submitted via email. relating to training to centralise processes thereby improving OH&S incident involving an employee who had an accident whilst travelling to work which was reported to WorkCover. NTSCORP still faces external factors that make it difficult for us both access to relevant training and development and record NTSCORP Relocation keeping. We also ensure that Legal Team members complete There were no reported incidents within the workplace. to retain staff. These factors include but are not limited to: NTSCORP formed a Company Relocation Advisory Committee their CPD / MCLE compulsory requirements. A review has been carried out of the current OH&S Policy and • Funding – our level of funding is insufficient to enable us to to assist in the process of identifying and relocating to new Manual and further changes will be made in the 2010-2011 offer candidates a competitive salary package which makes NTSCORP frequently use the training and development services premises. The Company located a new office in Redfern financial year. it very difficult to recruit and retain candidates. of the Aurora Project. New staff have attended the Foundations and engaged a project manager to assist with the relocation of Native Title program and more established staff have process. NTSCORP is proud to strengthen its links to the • Working environment – the native title area has a reputation attended courses such as Project Management and Negotiation Staffing statistics Redfern-Waterloo community by having committed to remain for being a highly stressful working environment. This is due Skills. All of these programs are cost free to NTRBs and NTSPs. in the area. The Company moved to the new premises at Level to a lack of resources, the nature of the work and limitations Many staff have also been trained in a variety of software NTSCORP had 38 employees throughout the 2009–2010 1, 44-70 Rosehill Street Redfern in September 2010. The new within the Native Title Act itself. programs and all staff attended cultural awareness training held financial year, including the CEO. The staff breakdown was: premises have more space for our employees and improve at The Block in Redfern. cohesion between staff and business units by accommodating Native title is a unique area and there are a very limited number • Fifteen (15) in the Corporate Group; all staff on the same floor. of people who have the relevant skill set and experience to Many NTSCORP employees attended the National Native Title • Eleven (11) in the Projects Group; and work for an NTRB or NTSP. This means that staff retention is Conference in 2010 which assisted in promoting professional crucial to ensure the success of NTSCORP. We are conducting development specifically within the native title area. • Twelve (12) in the Legal Group. TRIM a salary review and comparison and will consider our capacity NTSCORP has engaged an external records management to adjust employee salaries accordingly. We are also developing The Company is currently considering the addition of a new requirement to our training policy that all staff are to attend one organisation to review its records management program with a an exit interview process to identify the issues staff face and to view to updating the system to make it more efficient and user consider how they can be addressed. on-country meeting as this is crucial to understanding the core function of NTSCORP. friendly. This was implemented before NTSCORP’s relocation and refresher training will subsequently be provided in October.
34 – Annual Report 09/10 Annual Report 09/10 – 35 people & facilities management people & facilities management
NTSCORP has focused on streamlining strategic human resources processes to ensure the best candidates are recruited and retained within the organisation. We will further develop and implement a strategy to increase Indigenous recruitment throughout the 2010-11 financial year.
Pictured Directors (left to right): Elizabeth Henderson, Norm Newlin, Michael Bell (Chair), Allan Lamb, Eddie Briggs
36 – Annual Report 09/10 Annual Report 09/10 – 37 our community, our service overview of ntscorp operations
Our Community, Our Service Overview of ntscorp operations
Key Stakeholders The primary role of NTSCORP is to provide representation NTSCORP is committed to ensuring that Traditional Owners’ Dr Ken Lum, Manager - Projects Group, is responsible for The 2009-10 operational plan was developed by the CEO, and support to Traditional Owners in NSW and the ACT within rights are of paramount importance in the use of lands, waters NTSCORP Operations and the Research, Community Facilitation managers and staff following intensive planning meetings the scope of the Native Title Act 1993 (Cth) (the NTA). These and seas across a range of activities that include: and Land Tenure and Notifications divisions within NTSCORP. and engagement with relevant stakeholders. All staff planning Traditional Owner communities are our key stakeholders. meetings, team meetings and collaborative reporting processes • Agriculture and aquaculture; Until his resignation in September 2010, Mr Damien Bidjara- and reviews of operational objectives and budgets were NTSCORP faces an ongoing challenge to meet increasing Barnes was the NTSCORP General Counsel responsible for • Mining and energy activities; undertaken throughout the year to better identify key short- demands for the resolution of native title matters within a limited providing legal advice to the Company and for the provision term, mid-term and long-term objectives. A new 4 year strategic and fixed budget. • Land repatriation; of native title and related legal advice provided to Traditional planning process was initiated in 2009-10. Owners by the Legal Group. Facilitation and negotiation of native title claims, rather than • Sequestration; NTSCORP performs its NTRB functions in both NSW and the litigation, is a priority for NTSCORP and is reflected through the Together with the Corporate Group, these are the driving forces • Tourism; and ACT. In order to provide effective services across this large following actions: that deliver services on the ground that benefit Traditional region NTSCORP has established seven regional areas of • The Arts. Owners in NSW and the ACT. • Provision of relevant, accurate information and education responsibility for operational staff. The dedicated regions ensure through research, targeted community facilitation and The Company believes that the NTA is a vital tool in achieving In each matter represented by NTSCORP, a dedicated Project that native title and future act issues and enquiries that arise, regular seminars; our vision to promote social justice and economic, social and Team is allocated comprising of: and which may not necessarily relate to a current native title cultural independence for the Traditional Owners of the lands, matter, can be addressed by staff with a clear understanding of • Whole of country agreements; • A Solicitor; seas and waters. NTSCORP also sees as important the use of the regional issues. The regions are: • Dispute resolution; and • A Community Facilitator; the NTA as being to assist in improving the health, education, • North Coast Region; capacity building and living conditions of Traditional Owners. • Efficient future act notification services. • An Anthropologist; and • Central Coast Region; Other key stakeholders with an interest in native title matters Each Traditional Owner community has unique requirements • An Historian. may include: • South Coast Region; and aspirations. To ensure that clients receive the most effective There are 71 matters in which NTSCORP has provided services possible, NTSCORP regularly reviews its operational • The Commonwealth Government and its departments; • Northern Central Region; representation, has actively assisted in order to develop or effect procedures to ensure staff are able to tailor services relevant to • NSW and ACT governments and their departments; agreements or has performed other functions of an NTRB • Central Region; each client group. during the current reporting period. Each matter is allocated a • Local government; • Southern Central Region; and NTSCORP focuses on ensuring that the facilitation of unique NTSCORP reference number. agreements centred on whole-of-community outcomes mirrors • The Federal Court; • Western Region. our clients’ expectations. These agreements cover a broad spectrum of issues including but not limited to: • The National Native Title Tribunal; • Recognition of the Traditional Owners of the lands, seas • Peak industry representative bodies; and waters; • The NSW Minerals Council and other mining representative • Recognition of country laws and custom; bodies; • Transfer of freehold lands; • The NSW Farmers Association and other primary producer representative bodies; and • Site management; • NSW and ACT Licence holders (e.g. water and commercial • Access to and co-management of lands, seas and waters; fishing). • Repatriation and compensation due to future acts (e.g. mining, agriculture and development); • Cultural heritage management; • Water and fishing rights; and • Education and training.
38 – Annual Report 09/10 Annual Report 09/10 – 39 overview of ntscorp operations overview of the native title environment in nsw OVERVIEW OF THE NATIVE TITLE research region and current ENVIRONMENT IN NSW native title claims, JUNE 2010 Key Stakeholders Credible Evidence Process NTSCORP’s key stakeholders are the Traditional Owner New South Wales is the only state in the Commonwealth which The map below denotes the general communities of NSW and the ACT. Through the application of does not currently have a publicly available credible evidence regions with a black border: NTSCORP’s facilitation and assistance policy, the organisation policy or credible evidence guidelines. As a result, credible applies the limited funds provided by FaHCSIA to represent the evidence has been the subject of negotiations within the native title rights and interests of Traditional Owners. In part, this parameters of each native title application. involves the application of a prioritisation program to determine In general, however, it is clear that the NSW Government has the matters for which NTSCORP can provide representation adopted the approach that it requires credible evidence to be and assistance. submitted for assessment before it is willing to enter into any Wonghumara People Gold Coast Native Title Group Other key stakeholders in the native title process in NSW and meaningful negotiations as to possible avenues for resolution MURWILLUMBAH the ACT include the NSW Government, the New South Wales of native title applications by agreement rather than by litigation. Aboriginal Land Council (NSWALC), Local Aboriginal Land Byron Bay Bunjdalung People 1 In 2009-10, NTSCORP, the NSW Government and the NNTT Councils, the NSW Farmers Association, the Commonwealth Numbahjing Clan within the Bundjalung Nation also trialled on-country hearings within the context of NNTT TENTERFIELD EVANS HEAD Government, the Federal Court and the National Native Title Baryulgil Bundjalung mediation as a new method to facilitate the provision of oral Jozic Tribunal (NNTT). The Yaeg People evidence to the NSW Government and to provide the final Northern central region GRAFTOn Gwydir Shire Council evidence required in the assessment of the native title claim Walgett Special 1 Co-operative Ltd NORTH coast region Categorisation of Native Title Matters in NSW group’s evidence. The Gumbaynggirr People’s on-country Having commenced in May 2004 and continuing in 2009-10, hearing was a success and similar hearings are expected to Gumbaynggirr People the NNTT, the NSW Government and NTSCORP have be employed in two further matters in 2010-11. categorised all native title determination applications in NSW WESTERN REGION in terms of their prospects for resolution and provided that Court Management of Matters Warren Berry Peter Anthony Sanders PORT MACQUARIE categorisation documentation to the Federal Court. Ngiyampaa People (Canbelego) During 2009 -10, the NSW Registry of the Federal Court took central coast region The aim of the categorisation process is to inform the Court a proactive approach in promoting the range of new options BROKEN HILL Tubba-Gah People where the parties believe coordinated efforts are best focused presented by amendments to the NTA intended to improve the Barkandji Traditional Owners Mrs Mirinda Avery Slater and Ors Wiradjuri People of the Bathurst/Lightgow/Mudgee area NSW Minister for Lands 12 in order to move towards the resolution of the maximum number disposition rate of native title matters. Singleton Council of claims. Generally this process has assisted NTSCORP, the There has been increased use of case management conferences Central Region Wellington Valley Wiradjun NSW Government and the NNTT to concentrate their resources NEWCASTLE to assist in the resolution of issues arising in matters and to Robin Arnheim Johnson Property Group Pty Ltd & Kendall Grange Properties Pty Ltd more effectively. ORANGE monitor the progress of matters more generally. In addition a Darug Tribal abriginal Corporation Claims are categorised as: series of Federal Court Forums have provided the opportunity for Mooka and Kalara United Family Claim (Mooka 2) stakeholders to raise issues of concern and propose measures to Category A: Applications where applicants have provided Gundungurra Tribal Council Aboriginal Corporation 3 improve the native title system. evidence to the State and the State is assessing the material or Dareton LALC Gundungurra Tribal Council Aboriginal Corporation 6 Gundungurra Tribal Council Aboriginal Corporation 1 negotiating with the applicants to try to settle the claim. NTSCORP continues to be joined as a respondent party to all GOULBURN native title matters in NSW and the ACT. Robinvale Aboriginal Community Category B: Applications that NTSCORP is representing or Yass Shire Council Wakool Shire Council South coast region supporting but evidence not yet provided to the State. Ngunawal People (NSW) Deni Play on the Plains Festival Ltd Category C: Applications that are not represented or funded by Mr Brian Donald Robertson NTSCORP but have some prospects for a negotiated outcome Southern central region if certain things are done. Category D: Applications where there is insufficient evidence available for them to progress towards a negotiated outcome.
NSW Government 19 Category E: Applications, which in their present form, have little or no prospect of a negotiated outcome. Category F: Applications lodged primarily to attract procedural n rights under the NTA in relation to proposed future acts. 0 100 200 As at 30 June 2010, NTSCORP represented all nine of the KILOMETRES matters in Category A; NTSCORP did not represent any of the matters in either of Category C, D or E. These statistics reflect that matters represented and actively assisted by NTSCORP have a higher likelihood of progressing efficiently and effectively through the native title process in NSW.
40 – Annual Report 09/10 Annual Report 09/10 – 41 overview of the native title environment in nsw overview of the native title environment in nsw
Strategic Approach by NTSCORP Amendments to the Future Act Regime for Public Cultural Fishing In 2009-10, NTSCORP continued to take a strategic approach Housing and Infrastructure NTSCORP worked closely with NSWALC and Traditional applies, the class of property rights and related procedural rights to native title in NSW and the ACT through adherence to the In August 2009, FaHCSIA released a discussion paper which Owners during negotiations with the NSW Department of to be afforded to Traditional Owners and the increased emphasis prioritisation program and the application of the facilitation and contained proposed amendments to the future act regime Industry and Investment (I&I) on the drafting and subsequent required on employment and contracting opportunities for assistance policy. This approach is necessitated by the limited of the NTA for public housing and infrastructure to which implementation of amendments to the Fisheries Management Traditional Owners. level of funding received from FaHCSIA, which is insufficient to NTSCORP made a substantial submission. Under the proposed Act 1994 (NSW) to formally recognise Aboriginal cultural resource the assistance of all claim related activity. amendments, native title holders or registered claimants would fishing in NSW. The new legislative framework recognises Submarine Cables the spiritual, social and customary significance of fisheries NTSCORP strongly advocates that a strategic approach to have their native title rights and interests detrimentally and resources to Aboriginal persons and aims to protect and In March 2010, NTSCORP provided comments to the Australian education processes, research, land summits, representation, substantially affected. NTSCORP’s position was to support promote the continuation of Aboriginal cultural fishing. New Communications and Media Authority (ACMA) in relation to a dispute resolution, notifications and policy has the best potential of the objective of providing public housing and infrastructure regulations also established the Aboriginal Fishing Advisory discussion paper on Submarine Cables. NTSCORP submitted delivering the desired outcomes of Traditional Owner communities. to Indigenous communities, whilst ensuring that communities that the declaration of submarine cable protection zones and the retained their procedural rights under the NTA. After the Native Council to advise the NSW Government on cultural and NTSCORP has actively implemented its road map for the effective commercial fisheries issues affecting Aboriginal People. installation of the submarine cables are ‘future acts’ under the Title Amendment Bill (No. 2) 2009 containing the proposed future act regime in the Native Title Act 1993 (Cth). NTSCORP prosecution of native title applications in NSW and the ACT which amendments was introduced to the House of Representatives includes the following series of steps: also advised the ACMA in relation to consideration of culturally in October 2009, a Senate Inquiry was called to further examine Cultural Heritage significant areas or objects when making decisions and the • Education workshops; the provisions and concerns regarding the consultation process. NSW cultural heritage legislation importance of consulting with traditional owners and Aboriginal NTSCORP made a further written submission to the Senate stakeholders. • Research; Inquiry in November 2009. NTSCORP CEO Mr Warren Mundine NTSCORP provided extensive submissions to DECCW and to the NSW Minister for the Environment and Climate Change in • Land summits; gave evidence at a public hearing of the Senate Inquiry in January 2010 to support NTSCORP’s written submissions. relation to new legislation to introduce strict liability offences Consistently High Number of Non-Claimant • Establishing community protocols; for the destruction of Aboriginal cultural heritage objects Applications and places. NTSCORP worked closely with NSWALC to • Filing a native title application; Guidelines for Best Practice Flexible and secure improvements to the legislation and regulations. The A non-claimant application is an application for a determination of native title made by a person who holds an interest in the area • Witness statements; Sustainable Agreement Making National Parks and Wildlife Amendment Act 2010 (NSW) was assented to in June 2009 and the new Act along with which is a non-native title interest. A non-claimant application • Working parties/negotiation committees; In July 2009, the Australian Government’s Joint Working Group may seek a determination that native title does not exist in the on Indigenous Land Settlements released draft guidelines for the draft National Parks and Wildlife Amendment (Aboriginal Objects and Aboriginal Places) Regulation 2010 (NSW) is due to area which would have the effect of extinguishing any existing • Governance structures; Best Practice Flexible and Sustainable Agreement Making. native title in the subject area. In NSW, the majority of these NTSCORP made detailed submissions on the guidelines to commence in October 2010. • Negotiations; and final determinations arise from applications made by Local the Commonwealth Attorney-General’s Department in August Aboriginal Land Councils due to the requirements set out in Commonwealth cultural heritage legislation • Outcomes. 2009. Whilst welcoming the initiative, NTSCORP provided section 40AA of the Aboriginal Land Rights Act 1983 (NSW). recommendations to improve the guidelines, in addition to 2009-10 saw the successful application of NTSCORP’s road map In November 2009, NTSCORP provided a detailed submission to Generally however, if the application is unopposed and protection expressing concern over the lack of enforceability on state provide for the significant advancement of several of the older the Commonwealth Department of Environment, Water, Heritage is obtained under section 24FA of the Native Title Act 1993, governments. The Commonwealth and all state Attorneys- applications towards settlement and the preparation of a number and the Arts (DEWHA) in relation to major reforms proposed many applicants will discontinue the proceedings before a General endorsed the Guidelines in August 2009. of new applications. by the federal government to the Aboriginal and Torres Strait determination is made. This protection would validate any future Islander Heritage Protection Act 1984 (Cth). NTSCORP and act upon the land even if it is later determined that native title Prescribed Bodies Corporate Regulations NSWALC collaborated in subsequent submissions to DEWHA exists in the subject land. Policy on the federal reforms. In April 2010, NTSCORP provided a detailed submission to In 2009-10 a high level of policy activity has continued In 2009-10, NSW continued to have the largest number of FaHCSIA regarding proposed amendments contained in the including consultation with government in the NSW and non-claimant applications of any State in Australia. NTSCORP draft Native Title (Prescribed Bodies Corporate) Amendment Aboriginal Co-Management of NSW National Parks Commonwealth jurisdictions. 2009-10 saw the continuing has identified several factors which have contributed to the Regulations 2010. NTSCORP supported those amendments trend towards federal reform of native title legislation. The In December 2009, NTSCORP provided comments on the now consistently high number of non-claimant applications in which empowered native title common law holders to make following proposals arose in the 2009-10 reporting period, NSW Department of Environment, Climate Change and Water’s NSW, namely: decisions about the governance of PBC. (DECCW) draft Aboriginal Parks Partnership Manual. DECCW had although none were introduced to Parliament: • developed this manual, along with the Department’s Aboriginal The operation of section 40AA of the Aboriginal Land Rights Act 1983 (NSW) which requires that a determination that Taxation of Native Title Benefits Parks Partnership Policy with the aim of providing guidance to Disregarding Historical Extinguishment DECCW staff on the development of relationships with Aboriginal native title does not exist in land be obtained before land can In May 2010 the Commonwealth Government released a people in the area of land management. NTSCORP believes be disposed of by a land council; of Native Title discussion paper, Native Title, Indigenous Economic Development the two documents represent an important opportunity for more In March 2009, NTSCORP made detailed submissions to the and Tax, outlining proposals to reform the taxation of native title • The NSW Government’s encouragement of lease conversions Aboriginal people to become involved in park management and for Attorney-General’s Department on proposed amendments to benefits. NTSCORP has commenced extensive research and of Crown land to freehold title in those lands; and more parks to benefit from the land management knowledge held the NTA to disregard the prior or historical extinguishment of consultation with taxation experts and the NNTC in preparation by Traditional Owners. • The preferential use of the non-claimant process to the future native title caused by past acts. NTSCORP supported the basic for a submission expected to be made to the new Australian act regime in the NTA in which the right to negotiate may premise that historical extinguishment should be disregarded, Government in the 2010-11 financial year. apply for Traditional Owner communities. however the amendments as drafted were limited to areas Indigenous Economic Development covered by national, state or territory parks and where the Joint advocacy FaHCSIA and the Department of Employment, Education and Increased Resource Activity past act was for land set aside for the purpose of preserving Workplace Relations (DEEWR) released a discussion paper NTSCORP strategically engages with other organisations in the natural environment. Given that it would nonetheless entitled Indigenous Economic Development Strategy in May 2010. 2009-10 has seen the continued trend towards increased gas joint advocacy initiatives, including with the NSW Aboriginal require agreement by the parties, NTSCORP strongly argued NTSCORP has begun research and preparation of a submission and coal extraction activity in NSW, such as the opening of the Land Council (NSWALC) under a formal Memorandum of for removing the restriction to land set aside for the purpose to be lodged before November 2010. coal fields in Gunnedah, the Liverpool Plains and the Upper of preserving the natural environment, so it could apply to all Understanding which aims to promote the rights and interests Hunter Valley. There has been, and will continue to be, increased land or waters vested in or held by the Crown for any purpose. of Aboriginal people in NSW. future act activity in NSW and NTSCORP has worked towards National Biosecurity Protocol for Areas NTSCORP also advocated for the removal of restrictions to an NTSCORP is also a member of the National Native Title Council streamlining its future act processes in preparation for that ‘onshore place’, and for removal of the registration test for areas (NNTC) and worked with the NNTC on a range of national policy under Traditional Ownership increased activity. During 2009-10 a review of future act activity where parties have agreed that historical extinguishment should issues concerning native title and Indigenous Affairs more broadly. In October 2009, NTSCORP provided comments to DECCW on in NSW was undertaken and the report and its recommendation be disregarded. the National Biosecurity Draft Protocol for Areas under Traditional are due to be completed in 2010-11. In the 2009-10 reporting period, NTSCORP developed policy Ownership. NTSCORP recommended that further clarification was submissions and engaged in advocacy at the state and federal required with regards to the persons to whom the Draft Protocol government levels in the following areas:
42 – Annual Report 09/10 Annual Report 09/10 – 43 ntscorp performing the functions of a native title representative body
NTSCORP PERFORMING THE FUNCTIONS OF A NATIVE TITLE REPRESENTATIVE BODY
Facilitation and Assistance Function Certification Function NTSCORP provided representation in 15 native title matters NTSCORP is a native title service provider and as such, until the and performed other functions of a NTRB in relation to a further recent amendments to the NTA, did not have the certification 56 native title matters. function. Native title claimant groups in NSW and the ACT have authorised their ILUAs and native title applications in A Report on Performance by Matter is provided below outlining accordance with the process provided for by section 251A and the range of Facilitation and Assistance activities undertaken by section 251B of the NTA. NTSCORP is currently undertaking NTSCORP in 2009-10. a review of the certification function and the new powers contemplated by the amendments. Agreement Making Function NTSCORP exercises its agreement-making function in all of the Dispute Resolution Function matters in which it provides assistance or representation. NTSCORP undertakes its dispute resolution function in a variety 2009-10 was a period in which NTSCORP substantially of circumstances including during: progressed a number of matters towards conclusion including • The conduct of consultations and research; Avery-Slater & Ors (Forster Tuncurry), Ngiyampaa People (Canbelego), Tubba-Gah People, Gumbayngirr People (Warrell • The conduct of decision making processes for the filing of Creek) and Gumbayngirr People (Boney Witt). applications; The Avery-Slater & Ors (Forster Tuncurry) and Ngiyampaa • The course of proceedings whether or not applications are People (Canbelego) agreements are currently being considered represented by NTSCORP; for authorisation and execution which is due to occur early in • The authorisation of agreements arising out of the right to 2010-11 and the Gumbayngirr People (Warrell Creek) Part 4A negotiate provisions of the NTA; and Lease was executed in April 2010. • The implementation of existing native title agreements. It is anticipated that the Gumbayngirr People (Boney Witt) and Tubba-Gah matters will also be concluded in 2010-11 by The role of community facilitators within the project team agreement and the Gumbaynggirr People (Warrell Creek) matter is central to the exercise of NTSCORP’s dispute resolution will be substantially progressed towards agreement in 2010-11. function. Focused research is also often employed as a mechanism within a dispute resolution process. During 2009-10 five agreements were also reached in relation to future act activities notified under the NTA including three During 2009-10, NTSCORP participated in eight dispute agreements between Yaegl People, Country Energy and resolution processes in relation to native title matters. Clarence Valley Council, one agreement between Gumbaynggirr People and Country Energy and one agreement between Githabul People and the Repco Car Rally.
44 – Annual Report 09/10 Annual Report 09/10 – 45 NTSCORP PERFORMING THE FUNCTIONS OF A NATIVE TITLE REPRESENTATIve body OVERVIEW OF NATIVE TITLE MATTERS IN NSW & THE ACT IN 2009-2010 OVERVIEW OF NATIVE TITLE Notification Function Overview of Native Title and Related 771 notifications were received from State and Commonwealth Applications in NSW and the ACT Government Departments in 2009-10. Traditional Owners from 1 July 2009 to 30 June 2010 Number MATTERS IN NSW & THE ACT received 5,276 notifications. During the course of the year it was necessary to enter into correspondence with many of the Total Claimant Applications as at 1 July 2009 29 notifying Departments and with notification recipients. Referrals Claimant Applications filed between 1 July 2009 and 3 IN 2009-2010 for further information and advice were made to the NTSCORP Legal Group, principally to the Future Acts Solicitor. 30 June 2010 Claimant Applications filed by NTSCORP between 1 July 0 New Native Title Applications Judicial and Administrative Decision 2009 and 30 June 2010 Three new native title applications were filed during 2009-10, Notification Type Received Sent none of which are represented by NTSCORP. They include two Dunghutti 24HA (NTA) 463 1,642 Claimant Applications discontinued or dismissed between 1 3 applications in Wiradjuri Country in and around Wellington and As noted in last year’s Annual Report, in September 2008 a July 2009 and 30 June 2010 Bathurst, Lithgow and Mudgee and one application in Nguanwal number of members of the Dunghutti Elders Council Aboriginal 24MD (NTA) 59 900 Corporation (DEC) lodged an application with the Administrative Federal Court Determinations in relation to Native Title 1 Country in south eastern NSW. Appeals Tribunal (AAT) to review a decision of the Registrar of Advance notice of compulsory 1 20 Total Claimant Applications as at 30 June 2010 29 Discontinued or Dismissed Native Title Applications Aboriginal Corporations to register certain documents appointing acquisition directors of the Corporation and not to register the Notification Three native title applications were discontinued in 2009-10: the Registered Claimant Applications as at 30 June 2010 24 of a Change to Corporation Officer’s Details submitted by Non-Claimant Applications (NTA) 7 87 Wellington Wiradjuri application, the Grant Central West Wiradjuri NTSCORP on 22 October 2007 on behalf of the Applicants in application and the North East Wiradjuri application. s29 (NTA) 20 304 Claimant Applications represented by NTSCORP as at 30 11 the AAT proceedings. June 2010 24GB (NTA) 0 0 New Non-Claimant Applications The matter was referred to conciliation which was unsuccessful Total Non-Claimant Applications as at 1 July 2009 24 in bringing it to resolution. On 2 July 2009, the DEC, as a 24IB (NTA) 0 0 Seven new non-claimant applications were filed during 2009-10: Respondent, filed an application with the AAT seeking that the Non-Claimant Applications filed between 1 July 2009 and 30 7 • Eden Local Aboriginal Land Council #2 proceedings be dismissed on the basis that the proceedings 24JB (NTA) 4 37 June 2010 had become futile following the appointment of new directors to • Eden Local Aboriginal Land Council #3 24G D (NTA) 0 0 Non-Claimant Applications discontinued between 1 July 12 DEC. The Applicant opposed this application. 2009 and 30 June 2010 • Maxwell and Philippa Angel On 14 October 2009 the AAT dismissed the proceedings, 24KA (NTA) 37 345 Non-Claimant Applications determined between 1 July 2009 1 • Murrumbidgee Shire Council publishing its reasons which stated that the proceedings had 24NA (NTA) 0 0 and 30 June 20010 become futile and even if the AAT found the Applicant had • Gandangara Local Aboriginal Land Council been rightly elected as directors of DEC it could not provide a 24MB (NTA) 0 0 Total Non-Claimant Applications active as at 30 June 2010 18 • Jerrinja Local Aboriginal Land Council practical outcome to the Applicant. The Applicant elected not to appeal the decision of the AAT. s32F (Mining Act 1992) 17 294 Total Compensation Applications as at 1 July 2009 1 • Alan David Warner
Misc. 17 98 Compensation Applications filed between 1 July 2009 and 0 Mooka & Kalara United Families Claim #2 and #3 30 June 2010 Discontinued, Dismissed or Determined Non- These two applications have been the subject of several Notices of Community Consultation 146 1,549 Claimant Applications requests for assistance to NTSCORP. On 24 May 2010, the under DECCW Policy Compensation Applications discontinued or dismissed 0 Thirteen non-claimant applications were finalised in 2009-10: Board of NTSCORP affirmed the decision of the People, between 1 July 2009 and 30 June 2010 TOTAL 771 5,276 Performance and Nomination Committee to refuse assistance • Hartog to the Applicants. The Applicant elected to appeal this decision Total Compensation Applications as at 30 June 2010 1 • Gandangara Local Aboriginal Land Council to FaHCSIA and as at 30 June 2010 a decision on that appeal Internal Review Function Native Title Applications filed in response to Future Acts 1 has not yet been made. between 1 July 2009 and 30 June 2010 • Gandangara Local Aboriginal Land Council #2 Under section 203BI of the Native Title Act 1993 (Cth) On 26 February 2010, the NSW Government filed a Notice of • Gandangara Local Aboriginal Land Council #3 NTSCORP must provide a process for its clients to seek review Agreements reached in matters represented by NTSCORP 8 Motion seeking self-executing orders for the dismissal of the of any decisions NTSCORP makes in the performance of • Gandangara Local Aboriginal Land Council #4 native title application. This Notice of Motion was adjourned by its functions or exercise of its powers. NTSCORP’s Internal Agreements executed in matters represented by NTSCORP 1 the Court pending the outcome of the FaHCSIA review of the Review Policy sets out this process. • Gosford City Council decision of the NTSCORP Board. ILUAs registered 0 During 2009-10, NTSCORP received 1 application for • NSW Minister for Lands #10 Disputes relating to Native Title Applications 8 Numbahjing internal review. • Gosford City Council #6 The Numbahjing Clan (within the Bundjalung Nation) native title Disputes relating to ILUAs, rights of access and other 1 • Bundambar Pty Ltd application failed the Registration Test applied by the NNTT in matters May 2009. The Applicant made two applications for review of • John Christopher Little the Registrar’s decision however both of these applications for Number of ILUAs affected 0 • NSW Minister for Lands #13 review were subsequently discontinued by consent. Number of reviews pending 0 • Brian Robertson The Applicant has filed a Notice of Motion seeking to amend Number of reviews completed 1 the application. This Notice of Motion will be dealt with by the • Robin Arnheim Federal Court in 2010-11. Of those applications, one application brought by a Local Aboriginal Land Council resulted in a determination that native title did not exist.
46 – Annual Report 09/10 Annual Report 09/10 – 47 overview of native title matters in nsw & the act in 2009-2010 report on performance by matter REPORT ON PERFORMANCE BY MATTER Nucoorilma Gamilaaroy The Nucoorilma Clan of the Gamilaaroy Aboriginal People claim was dismissed in May 2009. An appeal against this decision was filed in June 2009. This appeal was withdrawn by the Applicant prior to being dealt with by the Court. In June 2009 two ILUAs were authorised by the claim group and executed the Applicant filed a Notice of Motion seeking that the dismissal NTS 001 and NTS 009 – Bandjalang People #1 and #2 with the State of NSW. The ILUA included significant benefits be set aside and the proceedings reinstated. On 17 September The Bandjalang #1 Claim was lodged in 1996 on behalf of the for the claim group. The ILUAs were accepted for registration 2009 the Federal Court dismissed this Notice of Motion. Bandjalang People. The claim covers national parks, reserve by the NNTT and NTSCORP has assisted the Applicant in lands and coastal land in the vicinity of Evans Head, NSW. The 2008-09 with the implementation of the ILUAs. Implementation Applicant and the State have been in negotiations in this matter Taylor Oval – Moree of the ILUAs has continued in 2009-10. It is expected that since 2003 in relation to credible evidence. The application was In 2007 Moree Plains Shire Council (Council) proposed to the third application will be amended in 2010-11 and the first amended during 2008-09. In 2009-10 the amended application rezone Taylor Oval to allow for the commercial development application withdrawn early in 2010-11. was accepted for registration and the State completed its of the site by Woolworths for the purpose of developing a Big credible evidence assessment indicating it would now commence W store. Council provided conditional approval for the store negotiations with the Applicant in settlement of the application. NTS 006 – Gumbayngirr (Gumma/South Beach) pending rezoning approval. With the assistance of the NSW Environmental Defender’s Office (EDO), the Moree Murri Task Bandjalang #2 is a claim made on behalf of the Bandjalang The claim covers two coastal peninsulas at Nambucca Heads Force brought legal proceedings in the Land and Environment people, the same native title claimant group as in Bandjalang on the mid-north coast of NSW. The area is also covered by Court against both the NSW Minister for Planning and Moree #1. The claim covers approximately 3,000 square km of land claims under the Aboriginal Land Rights Act 1983 (NSW) by Plains Shire Council, and in the Supreme Court of NSW against and waters between the Clarence River and the Richmond two Local Aboriginal Land Councils (LALCs). Negotiations have the Minister for Lands. These proceedings were brought on River in northern New South Wales. The Applicant and the been underway between the Applicant, various state government the basis that the site has important cultural significance to State have been in negotiations in this matter since 2003 in departments and the LALCs for several years. Lease negotiations Gomeroi People as a burial site. The Moree Murri Task Force relation to credible evidence. The application was amended in relation to the Schedule 14 lease were successfully completed was successful in both proceedings. during 2008-09. In 2009-10 the amended application was and the lease was executed in April 2010. In order to facilitate accepted for registration and the State completed its credible the conclusion of the credible evidence assessment process In June 2010, the Minister for Lands rejected a claim brought by evidence assessment indicating it would now commence for the native title application, an on-country hearing under NSWALC under the Aboriginal Land Rights Act 1983 (NSW) over negotiations with the Applicant in settlement of the application. the auspices of the NNTT was held in October 2009 and the the oval on the grounds that the oval’s use was for community and Applicant is currently awaiting a response to that assessment recreation purposes. NSWALC has four months from the date of NTS 002 – Gumbayngirr People (Boney) from the Department of Premier and Cabinet. It is anticipated that the Minister’s decision to appeal. negotiations to settle the matter will commence in 2010-11. This claim covers environmentally significant coastal land near Gandangara LALC Urunga on the mid-north coast of NSW. In 2004, the Applicant entered into the credible evidence process with the State in an NTS 008 – Gamilaroi (Gomeroi) Nation The Federal Court determined that native title did not exist in attempt to finalise this matter. An in-principle agreement has This project was initiated by the Gomeroi Nation, NTSCORP the land subject to this non-claimant application brought by now been reached between the Applicant and the State and and the Department of Natural Resources and was aimed Gandangara LALC. the final provisions of a draft ILUA are being negotiated. The at building the capacity and governance structures of the Department of Planning has assisted the Applicant with the Gomeroi Nation to negotiate a sustainable agreement between preparation of a development application for the site, which will Traditional Owners and the State of NSW, providing for the be filed with Bellingen Shire Council in 2010-11. It is expected practical recognition of native title rights and interests in land that the ILUA in this matter will be finalised in 2010-11. management practices without the need for a native title claim to be lodged. The capacity building phase of the project NTS 004 – Yaegl was concluded in 2008-09 and the governance phase was substantially progressed. The Gomeroi Tribal Nation Secretariat The Yaegl People’s claim covers part of the Clarence River was established and has efficiently advocated on behalf of and its estuaries in the vicinity of Yamba, Angowrie, Maclean Gomeroi People. Negotiations commenced in August 2009, and Harwood on the north coast of NSW. NTSCORP was however following an initial meeting, the NSW Government appointed by the Yaegl People as their legal representative in Negotiation Panel indicated that it would not be able to September 2005. The application was amended and accepted negotiate an agreement with Gomeroi People unless a native for registration in 2006-7. Further anthropological material title application was filed. Since that time, the Secretariat and witness statements were provided to the State in support has continued its activities around issues of local importance, of the credible evidence process and that assessment was pursuing the lease to the Eurool Property from the Indigenous successfully completed in 2009-10. To assist in an overall Land Council and supporting the Moree Murri Task Force in its settlement of the application, NTSCORP is currently assisting efforts to protect Taylor Oval in Moree from development by Yaegl People to prepare a native title application over the Woolworths. It is anticipated that a native title application will be remainder of their Country. Three future act agreements were filed in 2010-11. completed in 2009-10 between Yaegl People and the Clarence Valley Council and Country Energy. NTS010 South Coast Research NTS 005 – Byron Bay Bundjalung Anthropological and historical research on the South Coast commenced in July 2008 and was completed in 2009-10. The Byron Bay Bundjalung applications have successfully progressed in a series of stages. A Stage 1 ILUA was signed in December 2000 creating the Arakwal National Park leaseback NTS014 Western Bundjalung Research ALLAN LAMB arrangement and transferring some land to claimants. It also Anthropological and historical research on the Western Bundjalung Member-Director of the Company gave those claimants joint management in the National Park. commenced in late 2008 and was completed in 2009-10. Stage 2 of the ILUA was successfully negotiated in 2006-7 and
48 – Annual Report 09/10 Annual Report 09/10 – 49 report on performance by matter report on performance by matter
NTS 015 – Forster Tuncurry Specifically, NTSCORP has made: NTS111 – Hunter Valley Regional Agreement NTS116 South Central Plains research This claim was lodged in December 2004 over coastal land of • Five submissions in relation to amendments to the NTA and In 2006-07, NTSCORP engaged with Aboriginal People of (Southern Wiradjuri) Kattang speaking people in the district of Forster/Tuncurry NSW. Regulations in respect of public housing and infrastructure, the Hunter Valley in relation to the development of a regional Anthropological and historical research on the South Central This claim was filed in response to a non-claimant application disregarding historical extinguishment and PBCs; agreement and attended a series of meetings at the request of Plains commenced in July 2008 and is significantly progressed made by the Minister for Lands. The application was accepted community members to discuss the resolution of regional issues. • One submission in relation to the COAG developed Guidelines towards conclusion. for registration by the Registrar of the NNTT. Between 2005 and This was progressed through further meetings convened by for Best Practice Flexible and Sustainable Agreement Making; 2007 the State of NSW maintained that the right to negotiate did NTSCORP during 2009-10. not apply and issued a compulsory acquisition notice in relation • Ongoing submissions to I&I through negotiations in relation to NTS119 Dunghutti Litigation to the area to allow the area to be developed. In October 2006, cultural fishing amendments; NTS112 – Ngiyampaa People In September 2008 a number of members of the Dunghutti Elders the Applicant initiated injunction proceedings and separate These two claims by the Ngiyampaa People were lodged in Council Aboriginal Corporation (DEC) lodged an application with declaratory proceedings against the State of NSW to restrain • Ongoing submissions to DECCW through negotiations on the Administrative Appeals Tribunal (AAT) to review a decision the proposed new cultural heritage legislation, on the Due response to two notices issued pursuant to section 29, Native Title the State from proceeding with the acquisition until the State Act 1993 for mining leases in the vicinity of Cobar in central west of the Registrar of Aboriginal Corporations to register certain proceeded through the right to negotiate. In 2008, the State Diligence Guidelines, the Community Consultation Guidelines documents appointing directors of the Corporation and not to and the Aboriginal Land Management Framework; NSW. The applications were accepted for registration and the of NSW agreed to participate in the right to negotiate. Those Applicants secured the rights to negotiate. One of the matters has register the Notification of a Change to Corporation Officer’s negotiations were successfully completed in 2009-10 and the • Submission to DECCW on Aboriginal Co-Management of now been discontinued and negotiations have been completed in Details submitted by NTSCORP on 22 October 2007 on behalf agreement is currently being considered by the Department of NSW National Parks; the other between the Grantee Party and the Applicant in relation of the Applicants in the AAT proceedings. Premier and Cabinet for authorisation and execution. • Submission to DECCW on the National Biosecurity Draft to the grant of a mining lease, with the assistance of NTSCORP. The matter was referred to conciliation which was unsuccessful Protocol for Areas under Traditional Ownership; The agreement is currently awaiting authorisation and execution. in bringing it to resolution. On 2 July 2009, the DEC, as a NTS 018 – Tubba-Gah People Respondent, filed an application with the AAT seeking that the • Submission to DEWHA in relation to amendments to the This application is filed over the Goonoo Community Conservation NTS 114 – Githabul PBC proceedings be dismissed on the basis that the proceedings had Aboriginal and Torres Strait Islander Heritage Protection Act become futile following the appointment of new Directors to DEC. Area, formerly the Goonoo State Forest, near Dubbo in central The Githabul People executed an ILUA with the State of NSW 1984 (Cth); and The Applicant opposed this application. west NSW. This claim was filed in 2001 and accepted for and obtained a consent determination with regard to an area of registration by the NNTT in October 2002. Credible evidence has • Submission to the ACMA in relation to how submarine cables national parks and state forests in the vicinity of Woodenbong On 14 October 2009 the AAT dismissed the proceedings, been assessed and the amended application has been accepted are affected by the NTA future act regime. in northern NSW in 2007-08. During the first half of 2009-10 publishing its reasons which stated that the proceedings had for registration. Negotiations between the Applicant and the State NTSCORP provided assistance in the implementation of the ILUA become futile and even if the AAT found the Applicant had been of NSW are currently proceeding with a view to resolving the NTS 074 Education Workshops and to Githabul People in the exercise of their native title rights rightly elected as directors of DEC it could not provide a practical application. Negotiations between the Applicant and Indigenous One education workshop was convened for Traditional Owners and interests through their PBC. In the second half of 2009-10 outcome to the Applicant. respondents have also been successfully progressed in 2009-10 NTSCORP administered FaHCSIA funding to the PBC. and it is anticipated that this matter will be finalised in 2009-10. during 2009-10 in Orange. Three further community education The Applicant elected not to appeal the decision of the AAT. This activities were undertaken at the Y2G cultural festival in Moree at matter is now concluded. the NSW Annual Rugby League knockout in Armidale and at the NTS115 Dispute Resolution NTS 029 – Barkandji #8 NAIDOC week event in Newcastle. A range of activities were undertaken within this project including: NTS 500 Non-Claimant Applications This claim was filed in 1997 however NTSCORP was not NTSCORP has joined as a respondent to all non-claimant appointed to represent the Applicant until July 2002. This claim NTS075 Notifications and Future Acts • Attendance at directions hearing as a Respondent Party in extends from Waanaring to Wentworth in far west NSW. The matters not represented by NTSCORP; applications and appeared in approximately 42 directions hearings amended application was accepted for registration in 2006-7. The The consolidation and focused development of the Future Acts during 2009-10. Where appropriate, NTSCORP has confirmed • Participation in mediation; Applicant has been engaged in negotiations with the State since Unit and its functions has enabled NTSCORP to streamline its with applicants their intentions to withdraw their applications once 2002 within the credible evidence assessment process. To further processes with regard to future act notices and negotiations. • Undertaking dispute resolution activities amongst Aboriginal section 24FA protection has been granted and/or referred matters these negotiations, further anthropological and historical evidence NTSCORP has engaged with several gas and mining companies people; and to mediation and participated in mediation where Indigenous has been prepared in addition to the taking of witness statements. during 2009-10 on behalf of Traditional Owners and provided respondents have been joined as a party. assistance to a large number of Traditional Owners with enquiries • Considering and reviewing facilitation and assistance requests. This material has been provided to the State and assessed and Seven new non-claimant applications were filed during 2009-10 related to future act notices. the Applicant and the State are currently engaged in a process Matters not represented by NTSCORP during 2009-10 and upon and 13 non-claimant applications were finalised in 2009-10. to progress that credible evidence assessment. Tenure and In addition to issuing notices related to future acts, the which action was taken include: There was one determination made by the Federal Court that Respondent Party issues have also been addressed in 2009-10. Notifications and Future Act Unit has undertaken numerous • Dharawal (Cubbitch Barta); native title did not exist. tenure searches related to future act projects and in support of NTS 069 – NTS073 Policy native title applications. • North East Wiradjuri (3 applications); NTSCORP has undertaken a range of policy activities on behalf of During 2009-10 a review of future act activity in NSW was • Gundungurra Tribal Council Aboriginal Corporation Traditional Owners during 2009-10 in areas such as: undertaken and the report with its recommendations is due to be (6 applications); completed in 2010-11. • Fishing Rights and Interests; • Darug Link Aboriginal Corporation; • Natural Resources; NTS 101 Land Summits • Baryugil Bundjalung; • Water Rights; Two land summits were convened in 2009-10, one for Ngiyampaa • Widjabul; People in Bourke and one for Western Bundjalung People in Grafton. • Water Management Trust; • Mooka and Kalara United Families (2 applications and a compensation application); • Cultural heritage; and NTS102 Dunghutti Crescent Head Stage 2 • Malera Bundjalung;T • Aboriginal Land Rights Act 1983 (NSW) and Native Title Act This matter relates to the Implementation of Stage 2 of the 1993 (Cth). Crescent Head ILUA between Dunghutti People and the State of • Ngunnawal People; NSW. Assistance in this matter is related to the legal proceedings in the AAT reported at NTS119. • Wellington Traditional Descendants (2 applications); and • Numbahjing.
50 – Annual Report 09/10 Annual Report 09/10 – 51 NTSCORP LIMITED Financial REPORT For the Year Ended 30 June 2010 ABN 71 098 971 209
Pictured (left to right): Jim Wright, Matilda House, Warren Mundine, Parry Agius, Frank Fischl
52 – Annual Report 09/10 Annual Report 09/10 – 53 NTSCORP LIMITED DIRECTORS’ REPORT DIRECTORS’ REPORT Your directors present this report on the entity for the financial year ended 30 June 2010.
Directors The names of the directors in office at any time from the start The directors have been in office since the start of the financial of the financial year to the date of this report are: year to the date of this report unless otherwise stated. Non- Member-Directors are non-voting directors. Michael Bell The entity’s short term objectives are: to strengthen the Member–Director | Chairperson governance of the entity; to engage with the NSW and ACT Aboriginal communities; to align the entity’s activities with client 55 Directors’ Report Jim Wright needs and to strengthen the financial accountability of the entity. Contents Member–Director | Deputy Chairperson The entity’s long term objectives are: to promote social justice, 56 Information on Directors economic, cultural and social independence for the traditional NTSCORP LIMITED Eddie Briggs owners of the lands, seas and waters; and to achieve these ANNUAL REPORT 09/10 61 Auditor’s Independence Declaration objectives by assisting Traditional Owners to achieve these aims Member–Director through native title and other related purposes. 62 Statement of Comprehensive Income Allan Lamb To achieve these objectives, the entity has adopted the following strategies: the implementation of the recommendations of the Member–Director Oakton report (prepared by the auditors engaged by FaHCSIA) 63 Statement of Financial Position and the management letter from the company’s auditors; the Norm Newlin restructure of the organisation to better align resources with 64 Statement of Changes in Equity Member–Director client needs; strengthening the focus on corporate citizenship and community relations through new appointments and additional resources for community relations and service delivery. 64 Statement of Cash Flows Matilda House The principal activity of the entity during the financial year was Member–Director 65 Notes to the Financial Statements to perform statutory native title functions for native title holders and claimants, as set out in the Native Title Act 1993 (Cth). Katie Wyatt 80 Directors’ Declarations This provision of these native title services to native title holders Member–Director | appointed 2 July 2009 and claimants is central to achieving just land settlement which Independent Audit Report underpins all objectives of the organisation. 81 Yvonne Stewart In NSW and the ACT, as at 30 June 2010, there were 11 Member–Director | appointed 2 July 2009 claimant applications represented by NTSCORP. During the reporting period, the Federal Court made one determination in Melissa Williams relation to Native Title. 8 agreements were reached in matters Member–Director | appointed 17 April 2010 represented by NTSCORP and 1 agreement was executed in matters represented by NTSCORP. No Indigenous Land Use Agreements (ILUAs) were registered. Frank Fischl Non-Member–Director
Elizabeth Henderson Non-Member–Director | appointed 9 October 2009
Parry Agius Non-Member–Director | appointed 23 April 2010
Gina Milgate Member–Director | resigned 26 October 2009
Anthony Ashby Member–Director | resigned 2 October 2009
Terry Lawler Non-Member–Director | resigned 9 December 2009
54 – Annual Report 09/10 Annual Report 09/10 – 55 DIRECTORS’ REPORT | Information on directors NTSCORP LIMITED NTSCORP LIMITED DIRECTORS’ REPORT | Information on directors
Allan Lamb Information on Directors Member–Director Director since 2002. Mr Lamb descends from the nations Yuwaaliyaay and Wiradjuri. He holds a Bachelor of Arts (Language and Linguistics) and is currently studying for a Graduate Diploma of Management and Administration at the Bachelor Institute of Michael Bell Indigenous Tertiary Education in the NT. He is a director of the Muurdi Paaki Regional Member–Director (Chairperson) Enterprise Corporation. He was also an ATSIC councillor for the Muurdi Paaki region for 15 years. Director since 2002. Mr Bell is a Ngunnawal man. He is involved with several Aboriginal organisations dedicated to serving the community, including the National Special responsibilities Indigenous HACC Reference Group. Mr Bell further assists the community in Member of the People, Performance & Nomination Committee socio-economic development, particularly in the areas of aged care, employment and education. He is committed to the further development of employment and education opportunities for Aboriginal people through his involvement with Buranya Aboriginal Corporation – an Aboriginal land care group. Norm Newlin Special responsibilities Member–Director Chairperson of the People, Performance & Nomination Committee Director since 2004. Mr Newlin is a descendant of the Worimi people and is a war veteran. He has an honours degree in communications from the University of Technology and has had his poetry published. His involvement in Aboriginal affairs spans almost half a century and he sits on numerous boards including membership of Jim Wright the NSW/ACT Aboriginal Legal Service and the Campbelltown City Council Aboriginal Member–Director (Deputy Chairperson) Advisory Committee. His tireless efforts on behalf of the Aboriginal community were recognised in 2006 when he received the Campbelltown City Council Heritage Award. Director since 2002. Mr Wright is a descendant of the Anaiwan, Dunghutti, Wonarua He is also a Justice of the Peace and works with detainees of Long Bay jail as an and Gweagal people. He is the current Chairperson/Business Manager of Youloe-Ta Aboriginal Elder. Indigenous Development Association Inc and Chairperson of the Yarnteen Aboriginal & Torres Strait Islander Corp. Mr Wright is a past chairperson of the Sydney/Newcastle Regional Aboriginal Land Council and served as a Councillor for the Many Rivers ATSIC Regional Council for 15 years and as an ATSIC Commissioner for one three- Matilda House year term. His ATSIC portfolio included sports, youth, elders and disability. Mr Wright Member–Director has a deep involvement in the Aboriginal struggle in the Hunter region. He also has a keen interest in the development of education, employment, economic and sporting Director since 2005. Mrs House is an Ngambri clan woman. She has received opportunities for Aboriginals. the prestigious 2006 ACT Citizen of the Year award. Ms House is involved in various boards including Fatsil (Aboriginal and Torres Strait Islander Corporation of Special responsibilities Languages), Country Energy, NSW/ACT Aboriginal Legal Service, Tidbinbilla Nature Chairperson of the Audit & Risk Management Committee Reserve, Reconciliation Place and Burringiri Aboriginal Cultural Centre. She is also a member of the Murrumbidgee Catchments Area Group. Special responsibilities Eddie Briggs Board representative on the Safety, Sustainability & Corporate – Responsibility Committee Member–Director Director since 2002. Mr Briggs is a director of the Kamilaroi Aboriginal Housing Corporation and is a former national committee member of the Aboriginal Medical Katie Wyatt Health and Research Association and the Northern Tablelands Region Aboriginal Land Member–Director Council. Mr Briggs has a long and distinguished career in Aboriginal affairs and has been recognised by the community for his efforts in advancing Aboriginal issues. Director since 2009. Ms Wyatt is a business and communications consultant operating in Melbourne. Ms Wyatt has strong experience in human resources and Special responsibilities people management. Her particular expertise is developing internal communications Member of the People, Performance & Nomination Committee frameworks, human resource documentation, training and development materials, tender documents and online marketing materials. She currently works as a change management consultant for PricewaterhouseCoopers, as well as being a freelance writer. Special responsibilities Member of the People, Performance & Nomination Committee
56 – Annual Report 09/10 Annual Report 09/10 – 57 DIRECTORS’ REPORT | Information on directors NTSCORP LIMITED NTSCORP LIMITED DIRECTORS’ REPORT | Information on directors
Yvonne Stewart Frank Fischl Member–Director Non-Member–Director Director since 2009. Ms Stewart has a strong management background with Director since 2004. Mr Fischl is a chartered accountant with a Bachelor of Commerce Indigenous organisations, particularly in health and housing. She also has experience in (UNSW) degree. He has been a fellow of the Institute of Chartered Accountants in strategic environmental management and cultural and natural history. Throughout her Australia since 1990 and is a member of their Professional Conduct Tribunal. Mr Fischl career Ms Stewart has developed high-level skills in project management, stakeholder is a retired partner of the highly respected accounting firm PricewaterhouseCoopers, engagement and liaison with government agencies and local communities. Ms Stewart having been with them for 32 years. He was formerly registered as a liquidator and holds positions on several boards, committees and organisations. company auditor. She is Chair of the Arakwal National Parks and Chair of the Cape Byron Lighthouse Special responsibilities Reserve Trust, Byron Bay. Ms Stewart is a representative on the NSW Marine Parks Member of the Audit & Risk Management Committee Advisory Committee (DECC), Environmental Trust Grants Committee, Land Alive Trusts Committee, Byron Shire Council Reference Group, the Regional Advisory Committee the Environmental Protection Authority and the Department of Environment and Climate Change. Ms Stewart is former Chair of the Aboriginal Cultural Advisory Elizabeth Henderson Committee (DECC). She holds an Associate Diploma of Aboriginal Studies, Health Non-Member–Director Sciences from Monash University. Director since 2009. Ms Henderson holds a Bachelor of Laws (Hons) and a Bachelor Special responsibilities of Science (Hons, Physics major) both from the University of Sydney. Ms Henderson Member of the Audit & Risk Management Committee is the General Manager of Commercial in the Technology Group of Westpac Banking Corporation. She provides commercial leadership for Westpac’s major technology sourcing projects and its strategic investment program and manages its technology Melissa Williams procurement functions. Member–Director She joined the Technology Group from a senior role in Westpac’s Counsel & Secretariat team where she assisted strategic initiatives of the Westpac Group Director since 2010. Ms Williams is a descendant of the Bandjalang people. She is and provided decision and advisory support to the Board and the Executive Team. the Director of the Indigenous Employment and Engagement Office at the University Previously, Ms Henderson had 10 years experience as a mergers & acquisitions and of Western Sydney (UWS). There, Ms Williams created the first Advisory Board in the corporate lawyer at Freehills, one of Australia’s largest law firms. tertiary education sector to implement UWS’ commitment to increasing employment and engagement amongst Indigenous Australians across all seven campuses, Special responsibilities numerous community initiatives and events. For this work, her office is a 2010 Member of the Audit & Risk Management Committee Australian Human Resources Institute finalist for the Fons Trompenaars Award for Diversity and Cross Cultural Management. Ms Williams developed her strong business acumen in the telecommunications industry. Parry Agius At Telstra, she grew the Media, Entertainment and Hospitality corporate segment by 15% Non-Member–Director in marketing campaigns; while at Optus she performed research and development work that underpinned Optus Communications’ successful entry into the Australian market in Director since 2010. Mr Agius holds a Bachelor of Arts in Aboriginal Affairs the 1990’s. Ms Williams was on the judging panel for the Australian Information Industry Administration, an Associate Diploma in Aboriginal Studies and is a Member of the Association’s iAwards. She holds a Bachelor of Business, a Graduate Certificate of Australian Institute of Company Directors. Research and is currently undertaking study towards a PhD. Mr Agius is the Chief Executive Officer of South Australian Native Title Services (SANTS). His work has been essential in achieving an organised, consistent approach and a working partnership to native title for Aboriginal and non-Aboriginal stakeholders involved, and he has achieved settlement of native title that resulted in genuine economic benefits for Aboriginal people, being the primary architect of legal and negotiation and complex conflict processes. He is also the recipient of the Prime Minister’s Centenary Award 2000 for work with Indigenous people of South Australia, and in 2005, he was awarded the prestigious Winston Churchill Fellowship.
58 – Annual Report 09/10 Annual Report 09/10 – 59 DIRECTORS’ REPORT | Information on directors NTSCORP LIMITED NTSCORP LIMITED DIRECTORS’ REPORT | Information on directorS & auditors independence declaration
Meetings of Directors Members’ Guarantee The entity is incorporated under the Corporations Act 2001 During the financial year, 10 meetings of directors were and is an entity limited by guarantee. If the entity is wound held. Attendances by each director were as follows: up, the constitution states that each member is required to contribute a maximum of $2 each towards any outstanding obligations of the entity. At 30 June 2010 the collective MEEtings of No. eligible No. liability of the members was $22. directors to attend attended Dividends Michael Bell - Chairperson 10 10 The company being limited by guarantee and a not-for-profit Jim Wright - Deputy Chairperson 10 10 organisation, and in accordance with its Constitution, does not pay dividends to its members. Eddie Briggs - Member-Director 10 9 Significant Changes in State of Affairs Allan Lamb - Member-Director 10 10 Auditor’s Independence Declaration Norm Newlin - Member-Director 10 7 No significant changes in the company’s state of affairs occurred during the financial year. Under S 307C Of The Corporations Matilda House - Member-Director 10 9 After Balance Date Events Act 2001 Katie Wyatt - Member–Director 10 5 No matters or circumstances have arisen since the end of the Yvonne Stewart - Member–Director 10 7 financial year which significantly affected or may significantly I declare that, to the best of my knowledge and belief, during affect the operations of the company, the results of those the year ended 30 June 2010 there have been: Melissa Williams - Member–Director 2 2 operations or the state of affairs of the company in future i) Anthony Ashby - Member–Director 4 1 financial years. no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in Gina Milgate - Member–Director 4 0 Future Developments relation to the audit; and Frank Fischl - Non-Member- 10 8 The company expects to maintain the present status and level ii) no contraventions of any applicable code of professional Director of operations and hence there are no likely developments in the conduct in relation to the audit. entity’s operations. Elizabeth Henderson - Non- 5 5 ECONomos chartered accountants Member–Director Environmental Issues Parry Agius - Non-Member-Director 2 1 The company’s operations are not regulated by any significant environmental regulation under a law of the Commonwealth or Terry Lawler - Non-Member-Director 4 0 of a state of territory.
Auditor’s Independence Declaration A copy of the auditor’s independence declaration as required GEORGE VENARDOS under section 307C of the Corporations Act 2001 is set out at Director page 61. Dated at Sydney this 8TH day of October 2010
Signed in accordance with a resolution of the Board of Directors
Michael Bell Chairperson Dated at Sydney this 8th day of October 2010
60 – Annual Report 09/10 Annual Report 09/10 – 61 statement of comprehensive income NTSCORP LIMITED NTSCORP LIMITED statement of financial position
Statement of Comprehensive Income Statement of Financial Position For the Year Ended 30 June 2010 as at 30 June 2010
Note 2010 ($) 2009 ($) Note 2010 ($) 2009 ($) Revenue 2 4,019,300 4,165,126 ASSETS Employee benefits expense 3 (2,220,255) (2,231,007) Current assets Cash and cash equivalents 4 1,516,314 1,167,425 Depreciation, amortisation and impairments 3, 6 (124,653) (164,973) Trade and other receivables 5 71,017 243,544 Finance costs - (8,030) Total current assets 1,587,331 1,410,969 Doubtful debts expense (66,000) -
Operating lease 3 (267,776) (290,607) Non current assets
Gain on sale of fixed assets 19,791 4,525 Plant and equipment 6 352,446 509,176
Other expenses 3 (1,591,264) (1,382,271) Other financial assets 7 198,000 188,077 (Deficit)/surplus for the year (230,857) 92,763 Total non current assets 550,446 697,253 Total assets 2,137,777 2,108,222 Other comprehensive income: Net (loss)/gain on revaluation of non-current assets - - LIABILITIES Net (loss)/gain on revaluation of financial assets - - Current liabilities Other comprehensive income for the year - - Trade and other payables 8 1,416,010 923,571 Total comprehensive Borrowings 9 14,211 47,520 (deficit)/surplus for the year (230,857) 92,763 Short term provisions 10,18 192,484 417,835 Total current liabilities 1,622,705 1,388,926
Non current liabilities Trade and other payables 8 198,000 198,000
Borrowings 9 35,272 49,482
Long term provisions 10,18 105,660 64,817 Total non current liabilities 338,932 312,299 Total liabilities 1,961,637 1,701,225 Net assets 176,140 406,997
EQUITY Retained surplus 176,140 406,997 Total equity 176,140 406,997 * The 2009 comparatives have been restated – refer note 18
62 – Annual Report 09/10 Annual Report 09/10 – 63 statement of changes in equity & cash flows NTSCORP LIMITED NTSCORP LIMITED notes to the financial statements
Statement of Changes in Equity Notes to the Financial Statements For the Year Ended 30 June 2010 For the Year Ended 30 June 2010
Note 2010 Retained Surplus ($) 1) Summary of Significant c) Income Taxes Balance at 1 July 2009 259,218 Accounting Policies NTSCORP is for income tax purposes, a public benevolent Prior period adjustment 18 147,779 institution. Its income therefore is exempt from income tax under The financial report is for NTSCORP Limited (NTSCORP) as Subdivision 50B of the Income Tax Assessment Act 1997. Adjusted balance at 1 July 2009 406,997 an individual entity, incorporated and domiciled in Australia. Net deficit for the year (230,857) NTSCORP is a company limited by guarantee. d) Plant and Equipment Balance at 30 June 2010 176,140 Plant and equipment are measured on the cost basis less a) Basis of Preparation depreciation and impairment losses. The financial report is a general purpose financial report that The carrying amount of plant and equipment is reviewed annually 2009 Retained Surplus ($) has been prepared in accordance with Australian Accounting by directors to ensure it is not in excess of the recoverable Balance at 1 July 2008 166,455 Standards, Australian Accounting Interpretations, other amount from these assets. The recoverable amount is assessed authoritative pronouncements of the Australian Accounting on the basis of the expected net cash flows that will be received Net surplus for the year 92,763 Standards Board and the Corporations Act 2001. from the assets employment and subsequent disposal. The expected net cash flows have been discounted to their present Australian Accounting Standards set out accounting policies Balance at 30 June 2009 259,218 values in determining the recoverable amount. that the AASB has concluded would result in a financial report containing relevant and reliable information about transactions, events and conditions to which they apply. Compliance with Depreciation Australian Accounting Standards ensures that the financial The depreciable amount of all fixed assets is depreciated on a statements and notes also comply with International Financial straight-line basis over the asset’s useful life to the company Reporting Standards. Material accounting policies adopted in commencing from the time the asset is held ready for use. Statement of Cash Flows the preparation of this financial report are presented below. Improvements are depreciated over the shorter of either the For the Year Ended 30 June 2010 They have been consistently applied unless otherwise stated. unexpired period of the lease or the estimated useful lives of the The financial report has been prepared on an accruals basis improvements. and is based on historical costs modified, where applicable, by The depreciation rates used for each class of depreciable Note 2010 ($) 2009 ($) the measurement at fair value of selected non current assets, assets are: Cash flow from operating activities: financial assets and financial liabilities. Receipts of grants and other receipts 4,501,511 4,274,134 b) Revenue Class of Fixed Asset Depreciation Rate Furniture and Fittings 10.00% Payments to suppliers and employees (4,214,001) (3,593,840) Grant revenue is recognised in the statement of comprehensive income when the entity obtains control of the grant and it is Interest received 2 57,030 71,538 Motor Vehicle 12.50% probable that the economic benefits gained from the grant will flow Finance costs - (8,030) to the entity and the amount of the grant can be measured reliably. Office Equipment 20.00% Net cash generated from operating activities 15 344,540 743,802 If conditions are attached to the grant which must be satisfied Computer Equipment 33.33% before it is eligible to receive the contribution, the recognition of the grant will be deferred until those conditions are satisfied. Leased Motor Vehicle 12.50% Cash flows from investing activities: When grant revenue is received whereby the entity incurs Proceeds from sale of plant and equipment 61,364 15,455 an obligation to deliver economic value directly back to the The assets’ residual values and useful lives are reviewed and contributor, this is considered a reciprocal transaction and the adjusted if appropriate at the end of each reporting period. Payments for purchases of plant and equipment (9,496) (216,203) grant revenue is recognised in the statement of financial position Net cash used in investing activities 51,868 (200,748) as a liability until the service has been delivered to the contributor, e) Leases otherwise the grant is recognised as income on receipt. Leases of fixed assets, where substantially all the risks and Cash flows from financing activities: Donations and bequests are recognised as revenue when received. benefits incidental to the ownership of the asset, but not the legal ownership that are transferred to the company, are classified as Repayment of borrowings (47,519) (55,930) Interest revenue is recognised using the effective interest rate method, which for floating rate financial assets is the rate finance leases. Cash used in financing activities (47,519) (55,930) inherent in the instrument. Finance leases are capitalised by recording an asset and a Revenue from rendering of service is recognised upon delivery liability at the lower of the amounts equal to the fair value Net increase in cash held 348,889 487,124 of the service to the clients. of the leased property or the present value of the minimum lease payments, including any guaranteed residual values. Lease Cash and cash equivalents at beginning of the financial year 1,167,425 680,301 All revenue is stated net of the amount of goods and services payments are allocated between the reduction of the lease liability tax (GST). Cash and cash equivalents at the end of financial year 4 1,516,314 1,167,425 and the lease interest expense for the period.
64 – Annual Report 09/10 Annual Report 09/10 – 65 notes to the financial statements NTSCORP LIMITED NTSCORP LIMITED notes to the financial statements
Leased assets are amortised on a straight line basis over their other categories of financial assets due to their nature, or they Where it is not possible to estimate the recoverable amount of an m) Goods and Services Tax (GST) estimated useful lives where it is likely that the company will obtain are designated as such by the management. They comprise individual asset, the company estimates the recoverable amount ownership of the asset or over the term of the lease. investments in the equity of other entities where there is neither of the cash generating unit to which the asset belongs. Revenues, expenses and assets are recognised net of the a fixed maturity nor fixed or determinable payments. amount of GST, except where the amount of GST incurred is Lease payments for operating leases, where substantially all of the not recoverable from the Australian Taxation Office. In these risks and benefits remain with the lessor, are charged as expenses Available-for-sale financial assets are included in the current h) Unexpended Grants circumstances the GST is recognised as part of the cost of in the periods in which they are incurred. assets, except for those which are expected to be disposed of The company receives grant monies to fund projects either for acquisition of the asset or as part of an item of the expense. within 12 months after the end of the reporting period. Lease incentives under operating leases are recognised as a contracted periods of time or for specific projects irrespective Receivables and payables in the statement of financial position liability and amortised on a straight line basis over the life of The company has no available-for-sale investment. of the period of time to complete those projects. It is the policy are shown inclusive of GST. the lease term. of the company to treat grant monies as unexpended grants Cash flows are presented in the cash flow statement on a gross v) Financial liabilities in the statement of financial position where the company is basis, except for the GST component of investing and financing contractually obliged to provide the services in a subsequent f) Financial Instruments Non-derivative financial liabilities (excluding financial activities, which are disclosed as operating cash flows. financial period to when the grant is received or in the case of a guarantees) are subsequently measured at amortised cost. specific project grant where the project has not been completed Initial recognition and measurement The company’s trade and other payables and grants received in or where there is a requirement to refund that part of a grant n) Comparatives Financial assets and financial liabilities are recognised when advance are classified under this category. which is unexpended at financial year end. When required by Accounting Standards, comparative figures the entity becomes a party to the contractual provisions to the have been adjusted to conform to changes in presentation for instrument. For financial assets, this is equivalent to the date that Fair value i) Employee Benefits the current financial year. the company commits itself to either purchase or sell the asset (i.e. Fair value is determined based on current bid prices for all trade date accounting is adopted). Financial instruments are initially Provision is made for the company’s liability for employee benefits quoted investments. Valuation techniques are applied to o) Trade and Other Payables measured at the fair value plus transaction costs except where the for wages and salaries including non monetary benefits, leave determine fair value for all unlisted securities, including recent instrument is classified at the fair value through profit or loss in which loading, annual leave and long service leave arising from services Trade and other payables represent liability outstanding at the arm’s length transactions, reference to similar instruments and case transaction costs are expensed to profit or loss immediately. rendered by employees to balance date. Employee benefits that end of the reporting period for goods and services received option pricing models. are expected to be settled within one year have been measured by the company for the reporting period which remain unpaid. at the amounts expected to be paid when the liability is settled, Classification and Subsequent Measurement The book values of the company’s available-for sale financial The balance is recognised as current liability with the amounts assets approximate their fair value as at the reporting date. plus related on costs. Employee benefits payable later than normally paid within 30 days of recognition of the liability. one year have been measured at present value of the estimated i) Financial assets at fair value through surplus or deficit future cash outflows to be made for those benefits. Consideration Financial assets are classified at fair value through surplus Impairment is given to expected future wage and salary levels, experience p) Critical Accounting Estimates and Judgments or deficit when they are held for trading for the purpose of At the end of each reporting period, the entity assesses whether of employee departures, and periods of service. Expected future The directors evaluate estimates and judgments incorporated short-term profit taking, where they are derivatives not held for there is objective evidence that a financial instrument has been payments are discounted using market yields at the reporting into the financial statements based on historical knowledge hedging purposes, or designated as such to avoid an accounting impaired. In the case of available-for-sale financial instruments, date on national government bonds with terms to maturity that and best available current information. Estimates assume a mismatch or to enable performance evaluation where a group a prolonged decline in the value of the instrument is considered match as closely as possible the estimated future cash flows. reasonable expectation of future events and are based on of financial assets is managed by key management personnel to determine whether impairment has arisen. Impairment losses current trends and economic data, obtained both externally and on a fair value basis in accordance with a documented risk Contributions are made by the company to an employee are recognised in the statement of comprehensive income. within the company. management or investment strategy. Realised and unrealised superannuation fund and are charged as expenses when incurred. gains and losses arising from changes in fair value are included Derecognition in surplus or deficit. j) Provisions q) Adoption of New and Revised Accounting Financial assets are derecognised where the contractual rights Standards The company has no financial assets valued at fair value to receipt of cash flows expires or the asset is transferred to Provisions are recognised when the company has a legal or through surplus or deficit. another party whereby the entity no longer has any significant constructive obligation, as a result of past events, for which it During the current year, the company adopted all of the new and continuing involvement in the risks and benefits associated is probable that an outflow of economic benefits will result and revised Australian Accounting Standards and Interpretations ii) Loans and receivables with the asset. Financial liabilities are derecognised where the that outflow can be reliably measured. applicable to its operations which became mandatory. related obligations are either discharged, cancelled or expired. Loans and receivables are non-derivative financial assets with fixed Provisions recognised represent the best estimate of the The adoption of these standards has impacted the recognition, The difference between the carrying value of the financial or determinable payments that are not quoted in an active market amounts required to settle the obligation at the end of the measurement and disclosure of certain transactions. The liability, which is extinguished or transferred to another party and are subsequently measured at amortised cost. reporting period. following is an explanation of the impact the adoption of and the fair value of consideration paid, including the transfer of these standards and interpretations has had on the financial Loans and receivables are included in current assets, except non-cash assets or liabilities assumed, is recognised in surplus statements of NTSCORP. for those which are not expected to mature within 12 months or deficit. k) Borrowing Costs after the end of the reporting period, which will be classified as Borrowing costs directly attributable to the acquisition, construction AASB 101: Presentation of Financial Statements non-current assets. g) Impairment of Assets or production of assets that necessarily take a substantial period In August 2007, the Australian Accounting Standards Board The company’s receivables are classified under this category. At each reporting date, the company reviews the carrying values of time to prepare for their intended use or sale, are added to the revised AASB 101 and as a result, there have been changes to of its tangible and intangible assets to determine whether there cost of those assets, until such time as the assets are substantially the presentation and disclosure of certain information within the ready for their intended use or sale. iii) Held-to-maturity investments is any indication that those assets have been impaired. If such financial statements. Below is an overview of the key changes an indication exists, the recoverable amount of the asset, being and the impact on the company’s financial statements. Held-to-maturity investments are non-derivative financial assets All other borrowing costs are recognised in the statement of the higher of the asset’s fair value less costs to sell and value in that have fixed maturities and fixed or determinable payments, comprehensive income in the period in which they are incurred. use, is compared to the asset’s carrying value. Any excess of the Disclosure impact and it is the company’s intention to hold these investments to asset’s carrying value over its recoverable amount is expensed to maturity. They are subsequently measured at amortised cost. l) Cash and Cash Equivalents Terminology changes - The revised version of AASB 101 contains the statement of comprehensive income. a number of terminology changes, including the amendment of The company has no held-to-maturity investments. Where the future economic benefits of the asset are not Cash and cash equivalents include cash on hand, deposits held the names of the primary financial statements. primarily dependent upon the asset’s ability to generate net at call with banks, other short term highly liquid investments with iv) Available-for-sale financial assets original maturities of three months or less, and bank overdrafts. Reporting changes in entity - The revised AASB 101 requires all cash inflows and when the entity would, if deprived by the asset, changes in equity arising from transactions with owners, in their Available-for-sale financial assets are non-derivative financial Bank overdrafts are shown within short term borrowings in replace its remaining future economic benefits, value in use is capacity as owners, to be presented separately from non-owner assets that are either not capable of being classified into the depreciated replacement cost of an asset. current liabilities on the statement of financial position.
66 – Annual Report 09/10 Annual Report 09/10 – 67 notes to the financial statements NTSCORP LIMITED NTSCORP LIMITED notes to the financial statements
changes in equity. Owner changes in equity are to be presented in the statement of changes in equity, with non-owner changes 2) Revenue 3) Expenses in equity presented in the statement of comprehensive income. The previous version of AASB 101 required that owner changes in equity and other comprehensive income be presented in the statement of changes in equity. 2010 ($) 2009 ($) 2010 $ 2009 $ Operating grants 3,793,991 3,521,072 Statement of comprehensive income - The revised version Depreciation, amortisation and impairments AASB 101 requires all income and expenses to be presented Other grants – new premises 180,000 in either one statement, the statement of comprehensive Furniture and fittings 9,528 24,294 income, or two statements, a separate income statement and Other grants 83,795 a statement of comprehensive income. The previous version Motor vehicles 30,963 30,966 of AASB 101 required only the presentation of a single Activity generated income 8,954 income statement. Office equipment 15,216 6,929 Non-activity generated income 42,998 180,691 The company’s financial statements now contain a statement of Computer equipment 51,687 31,159 comprehensive income. Interest received on cash at hand 57,030 71,538 and bank deposits Leased motor vehicles 17,259 18,829 Other comprehensive income- The revised version of AASB 101 introduces the concept of “other comprehensive income” Costs recovered 24,923 2,621 Total depreciation and amortisation 124,653 112,177 which comprises of income and expenses that are not Other revenue 100,358 116,455 Impairment of plant and equipment 52,796 recognised in surplus or deficit as required by other Australian Accounting Standards. Items for other comprehensive income Total Revenue 4,019,300 4,165,126 Total depreciation, amortisation and impairments 124,653 164,973 are to be disclosed in the statement of comprehensive income. Entities are required to disclose the income tax relating to each component of other comprehensive income. The previous Total employee benefits expense 2,220,255 2,231,007 version of AASB 101 did not contain an equivalent concept. AASB 1053: Application of Tiers of Australian Accounting Operating lease expense on Standards AASB 2010-2: Amendments to Australian Accounting Premises contractual amounts 258,405 258,904 Standards arising from Reduced Disclosure Requirements Equipment 9,371 31,703 On 28 June 2010, Corporate Reporting Framework was Total introduced by the Federal Government with the aim of reducing 267,776 290,607 financial reporting requirements for Australian companies. These reforms also change what is required in financial reports Other expenses lodged with ASIC for the financial year ended 30 June 2010 and following financial years. These new requirements were Remuneration of auditor implemented through the issue of the above standards. The key changes around financial reporting affecting the company are: Auditing or reviewing the current year financial report 30,722 30,000 • Introducing a three-tiered reporting framework that will Auditing or reviewing the prior year financial report 3,276 reduce the reporting requirements for certain companies 30,722 33,276 limited by guarantee, which typically have a not-for-profit purpose; Travel expenses 91,738 108,477 • Making new provisions for changing year-end dates; External consultants and meeting expenses 537,296 612,881 • Improving disclosure of non-financial information in the directors’ report of companies limited by guarantee; and Insurance 85,308 102,808 • Introducing a new statement of compliance with Other 846,200 524,829 International Financial Reporting Standards in the directors’ 1,591,264 1,382,271 declaration. In response to the above requirements, these financial statements now contain a streamlined directors’ report whilst the directors’ declaration contains a new compliance statement with International Financial Reporting Standards as adopted in Australia.
68 – Annual Report 09/10 Annual Report 09/10 – 69 notes to the financial statements NTSCORP LIMITED NTSCORP LIMITED notes to the financial statements
4) Cash and Cash Equivalents 6) Plant and equipment
2010 ($) 2009 ($) 2010 ($) 2009 ($) Furniture and fittings Cash on hand 300 200 Cash at bank earns interest at floating rates based on daily deposit rates. Short-term deposits are made for varying periods of between one day and 3 At cost 81,414 85,973 The leased motor vehicle is under a hire purchase months, depending on the company’s cash requirements. These deposits earn agreement. The leased equipment secures the Cash at bank 765,448 467,225 interest at market rates. obligation under the agreement (refer Note 11). Less accumulated depreciation (50,829) (46,160) Short term bank deposits 750,566 700,000 The company’s exposure to interest rate risk for financial assets and liabilities is Leasehold improvements have not been amortised disclosed in Note 16. 30,285 39,813 as the new premises to which they relate were still 1,516,314 1,167,425 under construction as at 30 June 2010. Motor vehicles At cost 193,938 291,233
Less accumulated depreciation (42,257) (90,993) 5) Trade and Other Receivables 151,681 200,240
NOTE 2010 ($) 2009 ($) Office equipment CURRENT At cost 132,940 130,913 Trade receivables 66,150 152,778 The company’s exposure to credit risk and Less accumulated depreciation (92,280) (77,064) impairment losses related to trade debtors and Provision for impairment of receivables 5a (66,000) (10,818) other receivables is disclosed in Note 16. 40,660 53,849 150 141,960 Computer equipment Employee costs in advance 262 1,692 At cost 345,004 338,223 Prepayments 24,883 27,240 Less accumulated depreciation (288,780) (237,093) Deposits 45,482 45,482 56,224 101,130 GST receivable - 26,930
Other receivables 240 240 Leased motor vehicle 71,017 243,544 At cost 61,825 113,708
Less accumulated depreciation (12,229) (23,564) (a) Movement in Provision 49,596 90,144 for Impairment of Receivables Balance at the beginning of the year 10,818 340,094 Leasehold improvements Charge for the year 66,000 - At cost 24,000 24,000 Written off (10,818) (329,276) Total plant and equipment 352,446 509,176 Balance at the end of the year 66,000 10,818
70 – Annual Report 09/10 Annual Report 09/10 – 71 notes to the financial statements NTSCORP LIMITED NTSCORP LIMITED notes to the financial statements
movements in carrying amounts 8) Trade and other payables Movement in the carrying amount for each class of property, plant and equipment between the beginning and the end of the current financial year: 2010 ($) 2009 ($) Leased CURRENT Unexpended grants represent funds received for the fit-out of new premises Furniture Motor Office Computer Motor Leasehold Trade payables 132,952 301,546 - $356,000 (2009: $180,000 and 2008: $176,000), other assets - $81,271 & Fittings Vehicles Equipment Equipment Vehicles Improvements Total (2009: $81,271) and $75,000 for the make good of the premises being vacated. Accrued employee entitlements 86,688 57,572 Subsequent to 30 June 2010 NTSCORP received approval to retain $200,000 Current $ $ $ $ $ $ $ of the unexpended grants refundable for use towards the fit-out of new premises. Sundry payables and accrued 204,542 127,182 The rental bond guarantee is secured by the rental bond term deposit (refer Note 7). Year expenses The company’s exposure to liquidity risks related to trade creditors and other Balance at the payables is disclosed in Note 16. 39,813 200,240 53,849 101,130 90,144 24,000 509,176 GST payable 81,204 - beginning of year Provision for premises make good 75,000 - Additions - 2,027 6,781 689 - 9,497 Unexpended grants 512,271 437,271 Impairment ------Unexpended grants refundable 323,353 - Disposals - (41,574) - - - - (41,574) 1,416,010 923,571 Transfers 23,978 - - (23,978) - Depreciation (9528) (30,963) (15,216) (51,687) (17,259) - (124,653) NON CURRENT Carrying amount 30,285 151,681 40,660 56,224 49,596 24,000 352,446 Rental bond guarantee 198,000 198,000 at the end of year
Prior Year Balance at the 116,903 111,259 13,262 54,864 80,766 24,000 401,054 beginning of year 9) Borrowings
Additions - 97,948 47,516 77,425 61,136 - 284,025 Note 2010 ($) 2009 ($) Impairment (52,796) - - - - - (52,796) CURRENT Disposals - (10,930) - - - - (10,930) Finance lease obligations are secured Finance lease obligation 14,211 47,520 by the underlying leased assets. Transfers 32,929 - - (32,929) - - Depreciation (24,294) (30,966) (6,929) (31,159) (18,829) - (112,177) NON CURRENT Carrying amount 39,813 200,240 53,849 101,130 90,144 24,000 509,176 Finance lease obligation 35,272 49,482 at the end of year Total finance lease obligation 11(a) 49,483 97,002
7) Other Financial Assets
NON CURRENT 2010 ($) 2009 ($) The rental bond term deposit secures the rental bond guarantee. The company’s exposure to interest rate risk for financial assets and Rental bond term deposit 198,000 188,077 liabilities is disclosed in Note 16.
72 – Annual Report 09/10 Annual Report 09/10 – 73 notes to the financial statements NTSCORP LIMITED NTSCORP LIMITED notes to the financial statements
10) Provisions 11) Capital and Leasing Commitments
Long Service (A) finance lease commitments Annual Leave ($) Leave Loading ($) Leave ($) Total ($) Note 2010 ($) 2009 ($) Current year Payable minimum lease payments Opening balance at 1 July 2009 237,304 41,528 203,820 482,652 – Not later than 12 months 16,316 53,103 Additional provisions raised during the year 57,355 18,894 (58,152) 18,097 – Between 12 months and 5 years 35,439 51,754 Amounts used (149,883) (37,408) (15,314) (202,605) Minimum lease payments 51,755 104,857 Balance at 30 June 2010 144,776 23,014 130,354 298,144 Less future finance charges 2,272 7,855 Prior year Total 9 49,483 97,002 Opening balance at 1 July 2008 158,990 24,684 136,927 320,601
Additional provisions raised during the year 130,700 26,012 66,893 223,605
Amounts used (52,386) (9,168) - (61,554) (B) OPERATING LEASE COMmITMENTS Non cancellable operating leases contracted for Balance at 30 June 2009 237,304 41,528 203,820 482,652 but not capitalised in the financial statements:
2010 ($) 2009 ($) Payable minimum lease payments Note 2010 ($) 2009 ($) – Not later than 12 months 366,860 151,739
Analysis of Total Provisions – Between 12 months and 5 years 1,795,726 2,686 Current 192,484 417,835 Total 2,162,586 154,425 Non current 105,660 64,817
18 298,144 482,652
12) Capital Managment Provision for Employee Benefits A provision has been recognised for employee entitlements During the year, the company reversed $147,779 of sick leave The Executive Team of the entity in consultation with the Board relating to annual leave, leave loading and long service leave entitlement which had been accrued as at 30 June 2009. As of Directors control the capital of the entity to ensure that the for employees. In calculating the present value of future cash the adjustment has a retrospective effect, it has been adjusted entity can fund its operations and continue as a going concern. flows in respect of long service leave, the probability of long against the opening surplus balance. service leave being taken is based upon historical data. The The entity’s debt and capital includes financial liabilities, measurement and recognition criteria for employee benefits supported by financial assets. have been included in Note 1 (i) to this report. There are no externally imposed capital requirements. The Board of Directors effectively manage the entity’s capital by assessing the entity’s financial risks and adjusting its capital structure in response to changes in these risks and in the market. These responses include the management of debt levels. There have been no changes in the strategy adopted by management to control the capital of the entity since the prior year. This strategy is to ensure that there is sufficient cash to meet trade and other payables and borrowings.
74 – Annual Report 09/10 Annual Report 09/10 – 75 notes to the financial statements NTSCORP LIMITED NTSCORP LIMITED notes to the financial statements
13) Related parties and related party transactions 16) Financial Risk Management
a) Directors 2010 ($) 2009 ($) Note 2010 ($) 2009($) Directors of the company in office during the year are Warren Mundine – Chief Executive Officer disclosed in the directors’ report that accompanies these Financial Assets financial statements. Ken Lum – Manager Projects Group The company’s financial instruments consist Cash and cash equivalents 4 1,516,314 1,167,425 mainly of deposits with banks, short term Petra Fowler – Manager Corporate Group investments and finance liabilities. Trade and other receivables 5 71,017 243,544 b) Directors’ compensation Damien Bidjara-Barnes – General Counsel The totals for each category of financial (resigned September 2010) Other financial assets 7 198,000 188,077 instruments, measured in accordance with AASB The directors act in an honorary capacity and receive 139 as detailed in the accounting policies to no compensation for their services. They are however these financial statements, are as follows: compensated for travel expenses incurred by them in Short term employee benefits 505,732 588,440 Financial Liabilities fulfilling their role. Long term employee benefits 59,220 13,259 Trade and other payables 8 580,386 486,300 c) Key management personnel compensations Post employment benefits 45,110 45,919 Borrowings 9 49,483 97,002 Those persons having authority for planning, directing and controlling the company’s activities, directly or indirectly, are: 610,062 647,618 Other financial liabilities 8 198,000 198,000
14) Segment Reporting NTSCORP provides professional services to assist Aboriginal people in New South Wales and the Australian Capital Territory to The main risks the company is exposed to through its financial instruments exercise their legal rights under the Native Title Act 1993. NTSCORP operates out of its head office in Redfern, Sydney and its regional office in Coffs Harbour. are liquidity risk, credit risk, market risk and interest rate risk.
a) Liquidity risk c) Market risk 15) Cash Flow Information Liquidity risk arises from the possibility that the company might Market price risk is the risk that changes in market prices such encounter difficulty in settling its debts or otherwise meeting its as foreign exchange rates, interest rates and equity prices obligations related to financial liabilities. The company manages will affect the company’s income or the value of the holdings Reconciliation of Cash Flow from liquidity risk by monitoring forecast cash flows. of financial instruments. The company is only exposed to fluctuations in interest rates as it does not have any financial The maturity analysis of the company’s finance lease liabilities is instruments denominated in foreign currency or any financial Operations with Net (Deficit)/Surplus disclosed in Note 11. instruments based on market values. 2010 ($) 2009 ($) Net (deficit)/surplus for the year (230,857) 92,763 b) Credit risk d) Interest rate risk The maximum exposure to credit risk, excluding the value of Interest rate risk refers to the risk that the value of financial any collateral or other security, at the statement of financial Non cash flows instruments or cash flows associated with the instrument will position date to recognised financial assets, is the carrying fluctuate due to changes in market interest rates. Depreciation, amortisation and impairments 124,653 164,973 amount, net of any provisions for impairment of those assets, as disclosed in the statement of financial position and notes to The company is exposed to interest rate fluctuations on its cash Net gain on disposal of plant and equipment (19,791) (4,525) the financial statements. at bank and short-term deposits. It does not have a material risk in relation to its interest bearing liabilities. The company Employee entitlements (184,508) 192,761 The company does not have any material credit risk exposure to any actively monitors interest rates for cash at bank and deposits to single receivable or group of receivables under financial instruments maximise interest income. Doubtful debts 66,000 - entered into by the company other than for a receivable of $66,000 against which a provision in full has been raised. Changes in assets and liabilities The movement in the allowance for impairment of trade and other receivables during the year is disclosed in Note 5. (Increase)/decrease in trade receivables 75,810 (90,646)
(Increase)/decrease in other assets 20,794 (20,535)
Increase in trade creditors 492,439 409,011 344,540 743,802
76 – Annual Report 09/10 Annual Report 09/10 – 77 notes to the financial statements NTSCORP LIMITED NTSCORP LIMITED notes to the financial statements
Carrying amount 18) Change in Accounting Policy Note 2010 ($) 2009($) Fixed rate instruments During the year, the company changed its accounting policy applicable reporting period. As per the requirements of AABS in relation to the accrual of sick leave. Sick leave accrues on 108 Accounting Policies, Changes in Accounting Estimates Borrowings 9 49,483 97,002 The following table summarises the interest a pro-rata basis and is cumulative. Unused sick leave however and Errors, the change in accounting policy has been applied rate profile of the company’s interest bearing is not paid on the termination of an employee’s employment. financial instruments: retrospectively. Consequently no sick leave accrual was recognised during The following table summarises the effect of the change in Variable rate instruments the year. This change has been implemented as the directors accounting policy: are of the opinion that it will provide a more relevant and Cash at bank 4 765,448 467,225 reliable assessment of the company’s performance in the Short-term bank deposits 4 750,566 700,000
Other financial assets 7 198,000 188,077 30 June 2009 1,714,014 1,355,302 Previous Policy ($) Change ($) Revised Policy ($) Short-term provisions 464,644 (46,809) 417,835 Sensitivity Analysis Long-term provisions 165,787 (100,970) 64,817 A change of 100 basis points or one percent in interest rates at the reporting date would, with all other variables held constant, have increased or decreased the company’s Retained surplus 259,218 147,779 406,997 deficit and funds by the amounts shown below. The one percent assumption has been determined to be a reasonably possible movement in interest rates over a 12-month period based on information from various financial institutions, review of movements over the last two years, and economic forecaster’s expectations.
19) Contingent Liabilities and Assets
Deficit Funds Make good expenses will be required to be incurred in respect 1% increase 1% (decrease) 1% increase 1% (decrease) of premises leased by the company. An amount of $75,000 has been allocated for this purpose and is included under trade and Variable rate 15,160 (15,160) 15,160 (15,160) other payables. instruments
20) Events After the Statement of Fair values Financial Position Date The carrying amounts of cash and cash equivalents, receivables, payables and lease liabilities represent their net fair values, as determined in accordance with the No matters or circumstances have arisen since the end of the accounting policies disclosed in Note 1 to the financial statements. financial year which significantly or may significantly affect the operations of the company, the results of those operations or the state of affairs of the company in subsequent financial years.
17) Economic Dependence 21) Company Details NTSCORP is dependent on the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) for the majority of its revenue used to operate the business. The registered office of NTSCORP is: NTSCORP is funded to perform the functions of a NTRB pursuant to the Native Titles ‘02’ U 2 Act 1993. It is dependent on the continuing provision of these funds for its existence 44 -78 Rosehill Street and ability to carry out its normal activities. The funding conditions of NTSCORP are Redfern NSW 2016 laid down by the Native Titles Act and subject to the General Terms and Conditions Relating to Native Title Program Funding Agreements. NTSCORP has entered into a three year funding agreement with FaHCSIA from 1 July 2010 to 30 June 2013. At the date of this report, , the Board of Directors has no reason to believe that FaHCSIA will not continue to support NTSCORP.
78 – Annual Report 09/10 Annual Report 09/10 – 79 directors’ declaration NTSCORP LIMITED NTSCORP LIMITED independent auditor’s report to the members of ntscorp limited
independent auditor’s report to the members of ntscorp limited
The directors of the company Report on the Financial Statement We have audited the accompanying financial statements An audit involves performing procedures to obtain audit declare that: of NTSCORP LIMITED, which comprises the Statement of evidence about the amounts and disclosures in the financial Financial Position as at 30 June 2010, and the Statement of statements. The procedures selected depend on the auditor’s Comprehensive Income, Statement of Changes in Equity and judgement, including the assessment of the risks of material 1) The financial statements and notes, as set out on pages Statement of Cash Flows for the year ended on that date, a misstatement of the financial statements, whether due to fraud 62 to 79, are in accordance with the Corporations Act summary of significant accounting policies, other explanatory or error. In making those risk assessments, the auditor considers 2001 and: notes and the directors’ declaration. internal control relevant to the company’s preparation and fair a) Comply with Accounting Standards, which as stated in presentation of the financial statements in order to design audit accounting policy Note 1 to the financial statements, The Responsibility of the directors for the procedures that are appropriate in the circumstances, but not constitute explicit and unreserved compliance with for the purpose of expressing an opinion on the effectiveness International Financial Reporting Standards (IFRS); financial statEments of the entity’s internal control. An audit also includes evaluating and The directors of the company are responsible for the the appropriateness of accounting policies used and the preparation and fair presentation of the financial statements in reasonableness of accounting estimates made by the directors, b) Give a true and fair view of the financial position as accordance with Australian Accounting Standards (including as well as evaluating the overall presentation of the financial at 30 June 2010 and of the performance for the year the Australian Accounting Interpretations) and the Corporations statements. ended on that date of the company. Act 2001. This responsibility includes designing, implementing We believe that the audit evidence we have obtained is sufficient and maintaining internal controls relevant to the preparation and 2) In the directors’ opinion, there are reasonable grounds to and appropriate to provide a basis for our audit opinion. believe that the company will be able to pay its debts as fair presentation of the financial statements that are free from and when they become due and payable. material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making Independence accounting estimates that are reasonable in the circumstances. In conducting our audit, we have complied with the This declaration is made in accordance with a resolution of the independence requirements of the Corporations Act 2001. Board of Directors. Auditor’s Responsibility We confirm that the independence declaration required by the Corporations Act 2001, provided to the directors of NTSCORP Our responsibility is to express an opinion on the financial LIMITED on 12 August 2010, would be in the same terms if statements based on our audit. We conducted our audit provided to the directors as at the date of this auditor’s report. in accordance with Australian Auditing Standards. These Auditing Standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the Michael Bell financial report is free from material misstatement. Chairperson Dated at Sydney this 8th day of October 2010 Auditor’s Opinion
In our opinion, the financial statements presents fairly, in all material respects, the financial position of NTSCORP LIMITED as of 30 June 2010, and its financial performance and cash flows for the year then ended in accordance with the Corporations Act 2001 and the Australian Accounting Standards (including Australian Accounting Interpretations).
GEORGE VENARDOS Director Dated at Sydney this 8TH day of October 2010
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