“Without Prejudice”

YORTA YORTA NATION A BORIGINAL CORPORATIO N (ICN 3279 ) - REGISTERED ABORIGINA L P ART Y –

Contact Direct Phone: 03 58 322 022 Direct Fax: 03 58 310367 Mobile: 041 861 3949 Email: [email protected] Website: www.yynac.com.au

December 2011

“WITHOUT PREJUDICE”

Mr Greg Gardiner Executive Officer Environmental and Natural Resources Committee Parliament House Spring Street EAST MELBOURNE VIC 3002

Cc Janette Powell MP, Minister for Aboriginal Affairs Ian Hamm, Executive Director, Aboriginal Affairs Victoria

Dear Greg,

Inquiry into the Establishment and Effectiveness of Registered Aboriginal Parties

Thank you for providing the Yorta Yorta Nation Aboriginal Corporation (YYNAC) with the opportunity to make this submission to the Parliamentary inquiry into the establishment and effectiveness of Registered Aboriginal Parties (RAP’s). We make this submission on behalf of Yorta Yorta clans, including the Kaitheban, Wollithiga, Moira, Ulupna, Banagerang, Kwat Kwat, Yalaba Yalaba and Ngurai-illiam-wurrung clans – Yorta Yorta Nation which operates the Yorta Yorta registered aboriginal party status area.

YYNAC’s Cultural Heritage Management is facilitated by minimum of two on-site cultural heritage officers, one cultural heritage coordinator and Chief Executive Officer and is also supported by Yorta Yorta Council of Elders and Board of Directors. To date, YYNAC RAP operations have not been required to address any major issues of non-compliance in relation to its Registered Aboriginal Party area; delegation of authority resolved.

In accordance of the enquiry terms of reference Yorta Yorta Nation will present the submission under each of the terms of reference areas, responding to each with a ‘key summary point’ based on Yorta Yorta Nation application to the Victorian Aboriginal Heritage Council and where it may assist the enquiry will provide general information and comment relating to the application.

i. the degree to which traditional ownership is contested in the area the subject of an application; The degree to which traditional ownership contested in the area of Yorta Yorta Nation was assessed and demonstrated in its application as minimal, summary key points:

a. Yorta Yorta Nation became aware of a RAP application submitted by another party via public knowledge – Unfortunately, Yorta Yorta Nation was not engaged or consulted by the other applicant at any stage; b. Degree of Connection to the Area was demonstrated across entire Registered Party Area; c. Over 90 per cent of the Aboriginal population residing in and/or accessing services in the Yorta Yorta Nation Registered Aboriginal Party area culturally identify as Yorta Yorta and possessing traditional and familial links to which the application relates ; d. The State of Victoria recognised and reached agreement/s with Yorta Yorta peoples in relation to the area;

In addition:

e. Yorta Yorta Nation presented land use and occupancy maps, technical ecological knowledge and both pre-and-post-settlement literature as ‘additional information’ to the application process (due to disclosure and confidentiality issues maps were presented for observation only); Landmark Agreements between the State and Yorta Yorta peoples; Namely, the Yorta Yorta Cooperative Management Agreement and the VicRoads -Yorta Yorta Nation Area Agreement were presented; and f. High level and specific information was provided to the VHAC to demonstrate Yorta Yorta Nation(regardless of resource constraints) is wholly inclusive of all 8 of the clan groups and 16 family groups, united form the Yorta Yorta Nation: To be clear this includes Bangerang.

ii. the impact that decisions may have on the community; The impact that decisions may have on the community was demonstrated as highly beneficial to both Indigenous and non- Indigenous peoples and positive impacts for ‘whole of community’, summary key points:

a. Appointing one cultural heritage management entity(Yorta Yorta Nation Aboriginal Corporation) as a registered aboriginal party would build on the mutual recognition and trust between Yorta Yorta peoples and the State to a) identify and promote increased training, education, employment and economic development opportunities for both Indigenous and non-Indigenous community members; and b)

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the active and resourced involvement of the Yorta Yorta people in decisions about Cultural Heritage Management within the Registered Aboriginal Party area; b. Majority - Local shires prior to and during the application phase indicated a commitment to partnership with Yorta Yorta Nation; c. Majority - Aboriginal Organisations and members supported Yorta Yorta Nation application; d. Majority – local government department’s supported Yorta Yorta Nation application; e. A preliminary community-wide employment, training and economic scoping study relating specifically to Cultural Heritage Management – Under a Registered Aboriginal Party Status Model was conducted internally by Yorta Yorta;

i. While Yorta Yorta’s research informed much improved and better impacts on community under having one RAP(Yorta Yorta Nation AC) and Yorta Yorta being aware of the other application advised the VAHC of its willingness to work with the other applicant, regardless of the VAHC decisions – Yorta Yorta openly relayed an ‘open invitation’ to individuals and/or group a partied to the other application as welcome at Yorta Yorta anytime; ii. Yorta Yorta Nation was alarmed to learn the VAHC was not adequately resourced from government to provide post-application grievance support to applicants and for that matter mediation amongst parties and/or third party engagement (where/if necessary); and

f. Yorta Yorta Nation was only aware of that one other application within the area and through all of Yorta Yorta’s pre-application consultations with community clearly ascertained there were nil other applicants (i.e. Aboriginal body corporates, native title parties etc.) applying to become a registered aboriginal party for the area.

iii. the capacity of the applicant to fulfil legislative responsibilities if appointed; the capacity of the applicant(Yorta Yorta Nation Aboriginal Corporation) to fulfil legislative responsibilities if appointed was highly demonstrated, summary of key points: a. Incorporation/Body Corporate - Yorta Yorta Nation Aboriginal Corporation confirmed Incorporation under the Corporations Aboriginal and Torres Strait Islander(CATSI) Act 2006, and demonstrated it maintained a compliant record since incorporation; b. Governance and Decision Making – Board Directors trained in Governance; c. Strategic Planning Framework – The full strategic planning framework of Yorta Yorta was provided. d. Quality Assurance and Financial Management – Yorta Yorta demonstrated sound quality assurance(i.e. reporting, record keeping and risk management etc.) and financial management practices; e. State Recognition and Agreement - Yorta Yorta peoples with the State of Victoria established Victoria’s first landmark Co-Management Agreement - Yorta Yorta demonstrated the capacity to fulfil legislative responsibilities, namely in accordance with Conservation, Forests and Lands Act 1987 (Vic) establishment of a committee pursuant to section 12 of that Act – Co-operative Management Agreement between 3 | P a g e Yorta Yorta Nation – Registered Aboriginal Party ‘Submission’

Yorta Yorta Nation Aboriginal Corporation and the State of Victoria (“Part 2, Section 12 Advisory Bodies”); f. Free, Prior and Informed Consent Practices – Yorta Yorta demonstrated high standard of free, prior informed consent practices consulting and engaging with community when providing advice or making decisions; g. Qualifications - Yorta Yorta Nation demonstrated a high number of Cultural Heritage Monitors – Trained and Certified with Certificate IV in Cultural Heritage Management in addition to Conservation and Land Management Certificate IV; h. Expertise – Yorta Yorta Nation provided cultural heritage services under the previous State legislative regime; and

In addition:

i. Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984 – In addition, Yorta Yorta Nation demonstrated the ability to act in accordance with and fulfil state, as well as commonwealth legislation.

iv. the process used to determine and identify the successful registered aboriginal party; the process used to determine and identify the successful registered aboriginal party – Yorta Yorta Nation Aboriginal Corporation, summary of key points:

a. Pre Application - Prior to submitting Yorta Yorta Nation application - at the invitation of Yorta Yorta, the VAHC provided adequate amount of information to Yorta Yorta Nation regarding that of ‘Becoming a Registered Aboriginal Party’. Yorta Yorta nation peoples made an informed decision to submit an application to the VHAC, note; Yorta Yorta confirmed the other applicant was not a registered native title holder nor a recognised traditional owner group entity and held nil agreements with the State; b. Submitting Application – i. Application submitted and was given the 120 days to make determination; ii. All supporting evidence and additional information requests from the VAHC were completed by Yorta Yorta Nation; iii. Yorta Yorta Nation RAP application underwent a public consultation process allowing for public comment –individuals or groups the opportunity to lodge objection; c. Parties for the Area i. Yorta Yorta demonstrated having more than one registered aboriginal party would duly hinder Yorta Yorta (as a RAP) ability to exercise powers and carry out functions under the Act, subsequently hinder the operation of the Act.

d. Effect and Notice of Determination i. The Council provided (Yorta Yorta Nation AC, applicant) written notice of determination; ii. Notice under subsection (1) specified the area of Yorta Yorta Nation AC is the registered aboriginal party and the date of determination;

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iii. The Secretary placed Yorta Yorta Nation AC – Registered Aboriginal Party on the register.

e. Review of Decisions of the Council Determination i. Yorta Yorta Nation was made aware of Aboriginal Heritage Act 2006, Section [158 ( &2). Relative to Yorta Yorta’s application nil Aboriginal Party/s applied to VCAT for a review of determination within the 28 day provision.

(b) The support available to the Council in making decisions about the appointment of Registered Aboriginal Parties including:

i. Membership and structure of the Council; From an observation standpoint, the VAHC and secretariat requires urgent, immediate and increased resources. The State cannot continue to rely on the good will, expertise, knowledge and passion of Council and Staff with sub- standard resources allocated in making decisions. VAHC fundamentals are sound; the support available to VHAC is inadequate. Yorta Yorta reserves comment on the membership of council respecting the council membership and structure is a complex matter and deserves diligent consideration, only to add that the State of Victoria is extremely fortunate to have present and past members serve on the VAHC, especially under the limited support available to the council.

ii. Council's capacity to inquire into matters relevant to applications, including supporting applicants to provide information needed to fully assess applications; The Yorta Yorta Nation experience with Council's capacity to inquire into matters relevant to Yorta Yorta Nation application was of high standard; In addition, Yorta Yorta commend the Council for their capacity to support applicants to provide information needed to fully assess applications considering the limited resources the Council had during pre-and-post application stages to support both unsuccessful and successful RAP applicants.

iii. The effectiveness of the established Registered Aboriginal Parties; The measurement of effectiveness of Yorta Yorta Nation Registered Aboriginal Party is difficult to measure given the specific absence of core base infrastructure and minimal financial assistance provided since successful RAP appointment. The level of human or financial resource supplied to Registered Aboriginal Parties, including Yorta Yorta has been a “disservice” to the State of Victoria. Yorta Yorta has its planning framework ready, ability to implement is frustratingly hampered, capacity to regularly review and continuously improve RAP operations is limited.

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Submission - Conclusion

The Yorta Yorta Nation trusts this submission is useful to the Parliamentary inquiry. The Yorta Yorta has focused on addressing those matters that relate to the Parliament Inquiries Terms of Reference.

As detailed in this submission, Yorta Yorta has:

 Demonstrated compliance with and adherence to VAHC policies and processes in relation to application and appointment of registered aboriginal parties;

The Yorta Yorta Nation respectfully makes the following observations concerning the ongoing establishment and effectiveness of Yorta Yorta Nation Registered Aboriginal Party:

Ongoing Establishment

 Combined with primary RAP legislative responsibility Yorta Yorta Registered Aboriginal Party area creates a parallel principle that areas appointed under Victorian Aboriginal Heritage Council through new social and economic activity create opportunities to positively contribute to the health and sustainability of Yorta Yorta peoples, region and whole community; The clear hinderance in relation to establishment of RAP’s is the lack of start-up and core base infrastructure resources and funds.

Ongoing Effectiveness

 Benchmarks for future Victorian cultural heritage management appear to be established on a RAP-by-RAP basis. Although government auspiced cultural, resource and environmental planning overlays provide a broad-bush framework to inform cultural heritage management, the fine-grained expertise of cultural heritage management, potential connectivity of isolated sites and sustainability of cultural heritage is only undertaken with the process of internal traditional owner (entities) cultural heritage management methods and practices; The clear hinderance in relation to effectiveness of RAP’s is the lack of start-up and core base infrastructure resources and funds.

Without Prejudice

The Yorta Yorta acknowledges the issue relating to the ongoing establishment and effectiveness of the Yorta Yorta Nation Registered Aboriginal Party area continues with unresolved grievance of the other applicant. To be clear, Yorta Yorta completely and wholly agrees with the VAHC principle to appoint Yorta Yorta Nation as the sole RAP with sole powers and functions in relation to Yorta Yorta RAP area. As it stands today the notion or concept of having more than one registered aboriginal party in relation to the area is non-negotiable - Yorta Yorta advises that it does not feel to have been provided every opportunity to re-unite with ‘certain’ clan, family and community individuals nor without public distortion and distraction, this issue is for traditional owner resolve and not public. Yorta Yorta commitment and priority to resolve the issue remains today and believes the issue can be resolved without having more than one registered aboriginal party and still achieve the aspirations of interested individuals and groups.

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Yorta Yorta Nation Registered Aboriginal Party would be pleased to receive an opportunity to provide a verbal submission to the Environmental and Natural Resources Committees – Inquiry into the establishment and effectiveness of Registered Aboriginal Parties.

Terms of Reference That under s 33 the Parliamentary Committees Act 2003, the Environment and Natural Resources Committee is required to inquire into, consider and report no later than 28 September 2012 on the establishment and effectiveness of Registered Aboriginal Parties and the Committee is asked to consider:

(a) Victorian Aboriginal Heritage Council policies in relation to the appointment of Registered Aboriginal Parties including the factors that should be taken into account by the Council in making a decision such as: (i) the degree to which traditional ownership is contested in the area the subject of an application; (ii) the impact that decisions may have on the community; (iii) the capacity of the applicant to fulfil legislative responsibilities if appointed; (iv) the process used to determine and identify the successful registered aboriginal party; (b) the support available to the Council in making decisions about the appointment of Registered Aboriginal Parties including: (i) membership and structure of the Council; (ii) Council's capacity to inquire into matters relevant to applications, including supporting applicants to provide information needed to fully assess applications; and (iii) the effectiveness of the established Registered Aboriginal Parties.

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