Message Tree South Native Title Services 2.1 2011

A WORD FROM THE CEO What a year – and it’s only July! The beginning of 2011 saw unprecedented floods through virtually our entire Queensland South region. Whilst the floods pushed back critical timeframes, they did not dampen our spirits. After a week of being locked out of our and Bundaberg offices due to floods we got straight back into the thick of things. We trust our clients and stakeholders have also managed to return to some normality after the devastation.

There have been a number of highlights over the past six or so months. The authorisation of two Indigenous Land Use Agreements in Woorabinda will establish much needed housing and other Kevin speaking at the National Native Title Conference in June. infrastructure for the benefit of both traditional owners and other front. I will soon be setting up a client relations unit that will report Aboriginal People in the town. directly to me. This unit will assist in the more efficient and effective organisation of meetings. Just as importantly, the team will use QSNTS also co-convened the 12th annual National Native Title this role as an opportunity to directly receive feedback about how Conference with the Australian Institute of Aboriginal and Torres meetings can be better structured and organised. Essentially, we Strait Islander Studies (AIATSIS). The conference is an excellent aim to improve communication between QSNTS and clients. Almost opportunity to share experiences and showcase best practice in the 15% of our budget is spent on holding meetings to get instructions native title area. A big thank you must be extended to the , and give advice, so it makes sense to seize this opportunity to better Jagara, Yuggera and Ugarapul Peoples for helping to make it a engage with you as our clients. success. Each year, the conference is held in different locations around the country and coincides with the historic anniversary of I would commend you to look at the “Compliments and Complaints” the High Court Mabo Judgment. Next year – the 20th anniversary of brochure that can be found on our website. The brochure outlines the decision – the conference will be held in Townsville, a befitting the process of resolving complaints both informally and formally. location as it is the place where Uncle Koiki Mabo initiated the legal QSNTS welcomes your feedback, positive and negative, as that challenge for his Island home of Mer (Murray Island). is important for an organisation to learn and grow. QSNTS is a comparatively ‘young’ organisation and there is bound to be Talking about Island homes, it was fantastic to see the Quandamooka growing pain. Your patience but candid, constructive feedback People of and Islands achieve native title recognition is important. after a roller coaster ride over 16 long years. This day was momentous for the but it was also special for QSNTS – it We have also identified that the centralised office model from is our first native title consent determination. Many valuable lessons Brisbane hasn’t helped our communication in the regions. The Board were learned that will make the process of other determinations in the and Executive plan to expand our organisational reach by setting up QSNTS region run much smoother. The next big milestone we are an office in Rockhampton. This is a strategic choice of location as focusing on is the Kalkadoon native title consent determination which many of our clients live in that city and surrounding areas, regional is scheduled for December 2011 in Mt Isa. The ‘fighting Kalkadoon’ Federal Court Directions Hearings are heard there, it is a convenient are legendary for their indomitable spirit and I am sure you will join hub to service western and southern regions, transport is far more with me in congratulating the Kalkadoon in due course. regular and reliable, and the labour market for lawyers, support staff and contractors is very good. Unfortunately for budget reasons, In spite of these wonderful highlights and the massive amount of work we cannot maintain the Bundaberg office as well. I hope to be in a associated with achieving them, I must comment on some negative position to open the new office in the coming months. feedback that QSNTS has been receiving around the very important issue of client communication. The feedback has been across a range The first half of 2011 has been an exciting time, and we’re looking of matters, including staff not returning phone calls, claims not being forward to applying all the lessons learnt to deliver native title commenced or progressed as quickly as clients expected and the recognition for the traditional owners of Queensland South. perennial concern of the need to organise applicant and claimant meetings better. I want to acknowledge those concerns and instead Kevin Smith of offering excuses or explanations, commit to doing better on this Chief Executive Officer

01 National Native Title Conference Statutory Services Reform Agenda Board Update QSNTS were delighted to co-convene ’s largest annual Quandamooka Consent Determination – A 16 year battle for The National Native Title Council (NNTC) is an alliance of the After an intense phase of recruitment, Queensland South Native Indigenous policy conference, the National Native Title Conference, native title recognition has seen victory for the Quandamooka People country’s native title representative bodies and service providers. Title Services are pleased to announce the new Board of Directors. in Brisbane in early June. Convened annually by the Australian of North in historic consent determinations at QSNTS is a member of the NNTC and CEO Kevin Smith is Deputy Colleen Ma’run Wall has accepted the role as Chairperson of the Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Dunwich on the 4th July. Chairperson of the organisation. Amongst other roles, the NNTC Board, and Michael Cawthorn and Bernie Yates have now joined and this year hosted on the traditional lands of the Turrbal, Jagera, advocates for reforms to improve the native title system. The reform Arabella Douglas and James William as Directors. Yuggera and Ugarapul Peoples, the Conference drew almost 600 The Federal Court determinations recognise the ongoing traditional environment is very active at the moment with an Amendment Bill delegates to the Brisbane Convention and Exhibition Centre. QSNTS laws and customs of the Quandamooka People, and specify native to reverse the onus of proof and disregard historical extinguishment Michael Cawthorn is Deputy Director of the Museum and Art sponsored 70 traditional owners from throughout the Queensland title rights and interests over land and waters on and around North proposed by Greens Senator Rachel Siewart and consultation Gallery of the Northern Territory (MAGNT) Southern Region and South region to be part of the event. Stradbroke Island. CEO Kevin Smith sees the victory as a testament underway concerning traditional owners’ role in the Federal the Strehlow Research Centre. He has previously worked as to the determination of key people in the Quandamooka claim group. Government’s proposed Carbon Farming Initiative. an anthropologist with the Strehlow Research Centre and the In his keynote address, CEO Kevin Smith used the opportunity to Ngaanyatjarra Council in Western Australia. Michael is the manager expose the ‘stark reality’ of native title in the Queensland South “The strength of the traditional laws and customs of the Indigenous Cultural Heritage Acts Amendment Bill 2011 of the Return of Indigenous Cultural Property (RICP) Program for region. Examining the factors at play, Kevin advocated for a range Quandamooka People to survive the colonisation process on the – In February, QSNTS made a submission on the exposure draft the Northern Territory and Vice President of Museums Australia (NT). of reforms including reversing the burden of proof from native doorstep of a capital city is a testament to these people. The native of the Indigenous Cultural Heritage Acts Amendment Bill 2011. His professional experience includes negotiation and land access title claimants to establish continuity of their society from generation title process has been a long, drawn-out and sometimes painful QSNTS has been involved in the public consultation process over agreements, management of research agendas, cultural heritage to generation. fight for the Quandamooka People. There have been a lot of really the proposed amendments to the Aboriginal Cultural Heritage Act protection and digital repatriation. tough decisions to make. We should see this as an opportunity to 2003 since the original Indigenous Cultural Heritage Acts Review Other speakers included the Aboriginal and Torres Strait Islander celebrate and honour the fight of Elders past and present to have Paper was published in September 2008. The recent submission “Thank you for the opportunity to work for QSNTS and Aboriginal Social Justice Commissioner Mick Gooda, Chief Justice of the Federal their rights and interests to their traditional country, both land and makes comments about proposed amendments to the cultural people from the Queensland South region, and contribute to the Court Patrick Keane, CEO of the Aboriginal Housing Management waters recognised by the Australian legal system,” Mr Smith said. heritage agreement making process, the transferring of the Minister’s realisation of land justice and recognition of rights within the Native Association, Canada Andrew Leach and CEO of the Lowitja Institute “Whilst each native title claim must be considered on its individual decision-making powers to the Land Court, and submits that any Title framework. As a Board member I will serve the QSNTS and Dr Kerry Arabena. Visit www.qsnts.com.au to read Kevin’s full merits, this historic breakthrough stands as a powerful example that amendment to the Act should expand the role Aboriginal people play Aboriginal people with integrity and commitment to achieve these keynote address and www.aiatsis.gov.au for further information. positive native title outcomes can be achieved in developed areas in the protection of their cultural heritage. Visit www.qsnts.com.au to fundamental rights.” other than remote and regional Australia – and this should hearten read the full submission. – Michael Cawthorn, Director all native title claimants wherever their traditional country is located in Australia,” Mr Smith said. Bernie Yates currently works part-time as a volunteer or consultant, particularly with Indigenous organisations and government agencies The Quandamooka People’s native title determinations are the first in to help improve how they work together. Before retiring last year from the Queensland South region. the Australian public service, Bernie worked in a range of federal government agencies with policy and service delivery responsibilities Southeast Queensland Regional Research Project (SERRP) including treasury and employment and industrial relations; and in – QSNTS is now undertaking a native title research project in the Indigenous affairs with ATSIC and FaHCSIA over the past decade. Southeast Queensland region. The aim of the project is to conduct sufficient regional historical, anthropological and genealogical In recent years Bernie was involved in developing the Closing the research to determine the extent of country, traditional boundaries Gap strategy and reforming how government agencies do business and levels of society that exist in the region. with Indigenous organisations with an aim of reducing red-tape and providing more certain and simplified funding arrangements. The SERRP is part of QSNTS’ regional strategy to resolve native title Bernie represented the Australian Government at the United Nations interests in Southeast Queensland. This research will allow a broad, Permanent Forum on Indigenous Issues and was also involved in objective and regional picture of native title in the area. For more steps supporting the establishment of a new representative body details, please contact us to order a SERRP factsheet. for Aboriginal and Torres Strait Islander Australians. Bernie comes from Broken Hill in western NSW and has four adult children and three grandchildren.

“I’m honoured to be given the opportunity to work on the QSNTS Board to support and guide the organisation in achieving its key objectives in the native title services area. I’m keen to share the skills Keynote speaker Andrew Leach from the Canadian Aboriginal Housing Management Association with members of the Nunukal Yuggera Dance Group at the National Native Title and experience I developed working inside government to further Conference dinner. build the capacity of a strong Indigenous organisation to advance the cultural, economic and social aspirations of Aboriginal people, their families and communities.” Capacity Development – Bernie Yates, Director QSNTS Native Title Handbook – QSNTS is proud to have QSNTS’ Constitution outlines specific instructions for the composition published the QSNTS Native Title Handbook in May this year. This is of the Board of Directors. At least one third of the Board must be a guide to native title in the Queensland South region and an outline of Aboriginal and/or Torres Strait Islander descent (now more than of our organisation’s work and goals. We hope people will keep QSNTS staff Leah Campbell, Chantal Nagas and Michelle Nieuwkamp celebrating Aboriginal half). The Board should reflect a thorough approach to native title in the handbook as a reference for fundamental native title questions. and Torres Strait Islander culture, history and achievements at the QSNTS stall for NAIDOC festivities held in Musgrave Park in early July. Queensland South by consisting of traditional owners and people Contact us to order a free copy. Premier Anna Bligh, Quandamooka Applicant Ian Delaney and QSNTS CEO Kevin Smith for the from legal, anthropological, government and corporate backgrounds. ‘sand through the hands’ ceremony. Visit www.qsnts.com.au for more details about the QSNTS Board.

02 03 A word from the Board As our CEO Kevin Smith said, this has been a whirlwind six months. We’ve had the Board of Directors settling into their roles, governance training, the National Native Title Conference and the most welcome and celebrated Quandamooka Consent Determination.

Being part of the National Native Title Conference and sharing the stories, trials and tribulations from across Australia was most uplifting and informative. The many speakers provoked much thought and discussion during and after each session. To meet a lot of old friends and make many new ones was beneficial to the Directors. The Cultural Program was a joy to watch with the many performances proving that culture is alive and well in Southeast Queensland. Of course our thanks go to Mop and the Dropouts for a trip down memory lane! Aunty and other Quandamooka traditional owners celebrate the native title We thank our co-conveners the Australian Institute of Aboriginal and determinations at Dunwich Public Hall, . Torres Strait Islander Studies (AIATSIS) for their hard work. As for the Quandamooka consent determination – a win for Traditional Owners in Southeast Queensland! Finally! As Uncle Bob Anderson said – ‘my hair was a different colour when we started’. I would like to congratulate the QSNTS staff for their hard work in bringing such jubilation to the Island on the 4th July 2011 (quite appropriately on America’s Independence Day) and my most heartfelt appreciation must go to the Quandamooka mob for their perseverance and determination in keeping this fight constant and in such a consolidated way. Now all the rest of the Native Title mobs out there can use this claim as a precedent for how they can eventually get over the line as well.

On behalf of the Board, I express thanks to Quandamooka for having us all there on the Island for such a momentous occasion in their lives. We pay our respects to the Ancestors who I am sure ensured we had a wonderful sunny day to celebrate on. While there was sorrow voiced about the many that have passed over before this day came, I feel sure that they were all there beside us as we sat and listened and enjoyed the day.

It has been a pleasure to be part of such a new and invigorating Board of Directors and I look forward to working beside them as a team of experts who are committed to the direction of the QSNTS Constitution. – Colleen Ma’run Wall, Chairperson Colleen opening the National Native Title Conference with AIATSIS Chair Mick Dodson.

Head Office Level 4, 370 Queen Street P (07) 3224 1200 | 1800 663 693 www.qsnts.com.au Brisbane, Q 4000 F (07) 3229 9880 PO Box 10832, Adelaide Street E [email protected] Brisbane, Q 4000

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