Annual Report 2009–2010

Total Page:16

File Type:pdf, Size:1020Kb

Annual Report 2009–2010 Annual Report 2009–2010 Facilitating timely and effective outcomes. Annual Report 2009–2010 Facilitating timely and effective outcomes. About this report While required to report to the responsible Minister under s. 133 of the Native Title Act 1993 (Cwlth), the primary purpose of the annual report of the National Native Title Tribunal is to inform and be accountable to, fi rstly, the Parliament, and secondly, its stakeholders, about the services provided. The Tribunal is a statutory authority and is therefore not compelled to observe the annual reporting requirements for government departments, however, it chooses to do so. Copies of this annual report in book form may be obtained from any Tribunal registry (see back cover for contact details) or online at www.nntt.gov.au in PDF format. We draw attention to the online version for those readers who prefer to enlarge the type and who may prefer to choose particular parts of the report for downloading. Upon request, the text of this report in whole or in part can be supplied free of charge in Braille. The National Native Title Tribunal encourages readers to make comment on the usefulness and contents of the report. Please forward any comments to the Stakeholder Relations team on freecall 1800 640 501 or email [email protected] . ISSN 1324-9991 ISSN 1445-7776 (Online) © Commonwealth of Australia 2010 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and enquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney-General’s Department, Robert Garran Offi ces, National Circuit, Barton ACT 2600 or posted at www.ag.gov.au/cca . PAGE 2 21 September 2010 The Hon. Robert McClelland MP Attorney-General Parliament House Canberra ACT 2600 Dear Attorney I am pleased to submit to you, for presentation to the Parliament, the annual report of the National Native Title Tribunal for the year ended 30 June 2010. This report has been prepared in accordance with s. 133 of the Native Title Act 1993 (Cwlth). Yours sincerely Graeme Neate President PAGE 3 Contents President’s overview . 9 Year in review . 9 Introduction . 9 External factors affecting the Tribunal . 10 Tribunal membership . 24 Trends and challenges . 25 Conclusion . 28 Registrar’s report . 31 Tribunal overview . 35 Role and functions . 35 Tribunal members . 37 Organisational structure . 38 Outcome and program structure . 40 Report on performance . 43 Financial performance . 43 How the Tribunal is funded . 43 Outcome and program performance . 43 Key results in 2009-10 . 46 Tribunal fi nances. 46 Understanding the Tribunal’s fi nancial statements . 47 Performance overview . 47 Price . 47 Client satisfaction . 47 Performance against key performance indicators . 47 Results . 48 Overview of current applications . 50 Strategies to maintain the momentum of agreement-making . 57 Program 1.1—Stakeholder and community relations . 59 1.1.1–Capacity-building and strategic/sectoral initiatives . 59 1.1.2—Assistance and information . 60 Program 1.2—Agreement-making . 62 1.2.1 —Indigenous land use agreements . 62 1.2.2—Native title agreements and related agreements . 64 1.2.3—Future act agreements . 71 Program group 1.3—Decisions . 73 1.3.1—Registration of native title claimant applications . 73 1.3.2—Registration of indigenous land use agreements . 75 PAGE 4 1.3.3—Future act determinations and decisions whether negotiations were undertaken in good faith . 81 1.3.4—Finalised objections to expedited procedure . 83 Management . 87 Tribunal Executive . 87 Corporate Governance . 88 Members’ meetings . 88 Strategic Planning Advisory Group . 88 Agreement-making Liaison Group . 89 National Future Act Liaison Group . 89 ILUA Strategy Group . 90 Senior managers’ forums . 91 Corporate and operational planning and performance monitoring . 91 Risk management . 92 Information and technology management . 93 Management of human resources . 95 Recruitment, workforce planning and structure . 95 Reward and recognition . 100 Learning and development . 101 Occupational health and safety performance . 102 Accountability . 105 Ethical standards and accountability . 105 Ecologically sustainable development and environmental performance . 106 External scrutiny . 106 Judicial decisions . 106 Freedom of information . 106 Other scrutiny . 106 Accountability to clients . 107 Online services . 108 Performance against purchasing policies . ..
Recommended publications
  • Sea Countries of the North-West: Literature Review on Indigenous
    SEA COUNTRIES OF THE NORTH-WEST Literature review on Indigenous connection to and uses of the North West Marine Region Prepared by Dr Dermot Smyth Smyth and Bahrdt Consultants For the National Oceans Office Branch, Marine Division, Australian Government Department of the Environment and Water Resources * July 2007 * The title of the Department was changed to Department of the Environment, Water, Heritage and the Arts in late 2007. SEA COUNTRIES OF THE NORTH-WEST © Commonwealth of Australia 2007. This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca Disclaimer The views and opinions expressed in this publication are those of the authors and do not necessarily reflect those of the Australian Government or the Minister for the Environment, Heritage and the Arts or the Minister for Climate Change and Water. While reasonable efforts have been made to ensure that the contents of this publication are factually correct, the Commonwealth does not accept responsibility for the accuracy or completeness of the contents, and shall not be liable for any loss or damage that may be occasioned directly or indirectly through the use of, or reliance on, the contents of this publication.
    [Show full text]
  • Knowing and Being Known. Approaching Australian Indigenous Tourism Through Aboriginal and Non-Aboriginal Politics of Knowing Céline Travési
    Knowing and Being Known. Approaching Australian Indigenous Tourism through Aboriginal and non-Aboriginal Politics of Knowing Céline Travési To cite this version: Céline Travési. Knowing and Being Known. Approaching Australian Indigenous Tourism through Aboriginal and non-Aboriginal Politics of Knowing. Anthropological Forum: A Journal of Social Anthropology and Comparative Sociology, Taylor & Francis (Routledge), 2018, 28 (3), pp.275-292. 10.1080/00664677.2018.1486285. hal-02468143 HAL Id: hal-02468143 https://hal.archives-ouvertes.fr/hal-02468143 Submitted on 5 Feb 2020 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. PRE-COPYEDITED VERSION — PUBLISHED AS Travési, Céline 2018. Knowing and Being Known. Approaching Australian Indigenous Tourism through Aboriginal and Non-Aboriginal Politics of Knowing, Anthropological Forum, 28(3): 275-292. Downloaded from http://www.anthropologicalforum.net COPYRIGHT All rights held by TRAVESI, Céline. You need to get the author’s permission for uses other than teaching and personal research. Knowing and Being Known.
    [Show full text]
  • Language and Land in the Northern Kimberley
    This item is Chapter 19 of Language, land & song: Studies in honour of Luise Hercus Editors: Peter K. Austin, Harold Koch & Jane Simpson ISBN 978-0-728-60406-3 http://www.elpublishing.org/book/language-land-and-song Language and land in the Northern Kimberley Claire Bowern Cite this item: Claire Bowern (2016). Language and land in the Northern Kimberley. In Language, land & song: Studies in honour of Luise Hercus, edited by Peter K. Austin, Harold Koch & Jane Simpson. London: EL Publishing. pp. 277- 286 Link to this item: http://www.elpublishing.org/PID/2019 __________________________________________________ This electronic version first published: March 2017 © 2016 Claire Bowern ______________________________________________________ EL Publishing Open access, peer-reviewed electronic and print journals, multimedia, and monographs on documentation and support of endangered languages, including theory and practice of language documentation, language description, sociolinguistics, language policy, and language revitalisation. For more EL Publishing items, see http://www.elpublishing.org 19 Language and land in the Northern Kimberley Claire Bowern Yale University The coastal Northern Kimberley was home to several Aboriginal groups, as well as being the divide between two major culture areas: the (freshwater) Wanjina groups, and the salt water peoples particularly associated with the names Bardi and Jawi. In this paper I use evidence from place names, cultural ties, language names, mythology, and oral histories to discuss the locations and affiliations of several contested groups in the area. Of particular interest are the Mayala and Oowini groups. In doing this work I build on techniques exemplified and refined by Luise Hercus in her beautiful studies of Central Australian language, land, and culture.
    [Show full text]
  • Astronomy and Australian Indigenous Peoples (Draft), Adele Pring, DETE April 02, 2002 1 WHY TEACH ABOUT ASTRONOMY and AUSTRALIAN INDIGENOUS PEOPLE?
    ASTRONOMY AND AUSTRALIAN INDIGENOUS PEOPLE ADELE PRING, PROJECT OFFICER - ABORIGINAL AND CULTURAL STUDIES AND RECONCILIATION, Aboriginal Education Unit, 5 Harewood Avenue, Enfield 5085, Courier R2/28, tel 08 8343 6528, fax 08 8343 6515, email [email protected] Astronomy and Australian Indigenous peoples (draft), Adele Pring, DETE April 02, 2002 1 WHY TEACH ABOUT ASTRONOMY AND AUSTRALIAN INDIGENOUS PEOPLE? Knowledge of the sky world from Australian Indigenous perspectives is useful for the following reasons: • finding directions: a survival strategy if lost • telling the time at night without a clock • a weather forecaster • hearing and reading fascinating creation stories • placing relevant Australian meanings on the southern hemisphere sky • a calendar for the changing seasons • learning about Aboriginal law • learning about the diversity of Indigenous peoples in Australia Astronomy and Australian Indigenous peoples (draft), Adele Pring, DETE April 02, 2002 2 Examples of each of the above are BACKGROUND INFORMATION included in the following pages. Aboriginal and Torres Strait Islander peoples, have many stories about the night Diversity within indigenous Australia sky, the moon and sun. Their ancestors It is estimated that around 1788 when the have observed the night sky for more than British colonised the east coast of 40,000 years and many of their traditional Australia, there were between 300-600 stories tell of events, eg eruption of different Aboriginal and Torres Strait volcanoes, dated to thousands of years Islander language or dialect speaking ago. groups, with a total population between 300,000 to 1,000,000 or more. Each group Different colours and intensities are had their own land, sites and stories, observed as well as seasonal and nightly though some stories were shared and some movement in the night skies.
    [Show full text]
  • What's Needed to Prove Native Title?
    What’s needed to prove native title? Finding flexibility within the law on connection Nick Duff AIATSIS RESEARCH DISCUSSION PAPER NUMBER 35 June 2014 NATIVE TITLE RESEARCH UNIT What’s needed to prove native title? Finding flexibility within the law on connection Nick Duff AIATSIS Research Discussion Paper No. 35 Published by AIATSIS Research Publications, 2014 What’s needed to prove native title? Finding flexibility within the law on connection Research Discussion Paper No. 35 First published in 2014 by AIATSIS Research Publications Copyright © AIATSIS, 2014 All rights reserved. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth) (the Act), no part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without prior permission in writing from the publisher. The Act also allows a maximum of 10 per cent of this publication to be photocopied or distributed digitally by any educational institution for its educational purposes, provided that the educational institution (or body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act. The views expressed in this publication are those of the author and do not necessarily reflect the official policy or position of the Australian Institute of Aboriginal and Torres Strait Islander Studies. AIATSIS acknowledges the funding support of the Department of the Prime Minister and Cabinet (PM&C). Australian Institute of Aboriginal and Torres Strait Islander Studies GPO Box 553 Canberra ACT 2601 Phone: (61 2) 6246 1111 Fax: (61 2) 6261 4285 Email: [email protected] Web: www.aiatsis.gov.au National Library of Australia Cataloguing-in-Publication entry: Author: Duff, Nick, author.
    [Show full text]
  • Detailed: Kimberley Ranger Experience Tour Description
    Detailed: Kimberley Ranger Experience Tour Description Discover the stories of country through the eyes of the Kimberley’s Indigenous Rangers. The Kimberley region is home to a variety of stunning landscapes and fascinating cultural attractions that will leave you with a profound appreciation of the rugged natural beauty of the Kimberley and the strength and resilience of its traditional cultures. The Kimberley covers about 423,000 square km with an estimated population of 35,000 people – half of whom are Indigenous. The Kimberley region is nationally and internationally recognised for its outstanding natural and cultural values and highly intact landscapes with extensive biodiversity. The Australian Conservation Foundation (ACF) and the Kimberley Land Council (KLC) have a strong history of collaboration on cultural and environmental management projects. In 2011, after years of cooperative work by ACF and the KLC, the federal government listed over 19 million hectares of the West Kimberley as National Heritage. The KLC and ACF have roles and responsibilities in delivering services within the Kimberley region. Both organisations recognise that The Kimberley Ranger Experience trial tour gives rise to opportunities for indigenous enterprise development. The start-up of new sustainable tourism initiatives like The Kimberley Ranger Experience assists Traditional Owners to protect and manage the natural and cultural heritage of the Kimberley. The Rangers combine traditional knowledge with science and new technology to look after their country.
    [Show full text]
  • West Kimberley Place Report
    WEST KIMBERLEY PLACE REPORT DESCRIPTION AND HISTORY ONE PLACE, MANY STORIES Located in the far northwest of Australia’s tropical north, the west Kimberley is one place with many stories. National Heritage listing of the west Kimberley recognises the natural, historic and Indigenous stories of the region that are of outstanding heritage value to the nation. These and other fascinating stories about the west Kimberley are woven together in the following description of the region and its history, including a remarkable account of Aboriginal occupation and custodianship over the course of more than 40,000 years. Over that time Kimberley Aboriginal people have faced many challenges and changes, and their story is one of resistance, adaptation and survival, particularly in the past 150 years since European settlement of the region. The listing also recognizes the important history of non-Indigenous exploration and settlement of the Kimberley. Many non-Indigenous people have forged their own close ties to the region and have learned to live in and understand this extraordinary place. The stories of these newer arrivals and the region's distinctive pastoral and pearling heritage are integral to both the history and present character of the Kimberley. The west Kimberley is a remarkable part of Australia. Along with its people, and ancient and surviving Indigenous cultural traditions, it has a glorious coastline, spectacular gorges and waterfalls, pristine rivers and vine thickets, and is home to varied and unique plants and animals. The listing recognises these outstanding ecological, geological and aesthetic features as also having significance to the Australian people. In bringing together the Indigenous, historic, aesthetic, and natural values in a complementary manner, the National Heritage listing of the Kimberley represents an exciting prospect for all Australians to work together and realize the demonstrated potential of the region to further our understanding of Australia’s cultural history.
    [Show full text]
  • Valuable and Endangered
    Endangered Working Together to Understand and Manage Threats to Monsoon Vine Thickets of the Dampier Peninsula A Summary of Key Findings Environs Kimberley West Kimberley Nature Project 2011 – 2013 Introduction Dampier Peninsula monsoon vine thickets span the traditional country of Yawuru, Goolarabooloo, Jabirr Jabirr, Jawi One Arm Pont Djabera Djabera, Nyul Nyul, Nimanburru and Bardi Jawi Dampier Peninsula people. They contain traditional bush foods, seasonal fruits, Derby Broome carving timber, medicines, tools, Biidin or Jila (freshwater Bardi wells) ceremonial areas and law grounds. Exmouth Monsoon vine thickets (MVT’s) on the coastal sands dunes of the Dampier Peninsula, Kimberley region, WA, are a culturally significant Threatened Ecological Community Beagle Bay (TEC), listed as Endangered by the Commonwealth (EPBC Nyul Nyul Act, 1999) and Vulnerable by the State of Western Australia. The Endangered listing, announced in 2013, recognises that Djabera Djabera MVT’s face a “very high risk of extinction in the wild in the Nimanburru near future”. Bardi Jawi and Nyul Nyul Rangers, with support of Traditional Owners, have worked with Environs Kimberley Jabirr Jabirr and partners to use cultural knowledge, local observation Goolarabooloo and science to understand how fire and weeds are Nyikina threatening Dampier Peninsula’s MVT’s and improve planning and cooperative management. DAMPIER PENINSULA Ngumbarl Vine Thicket Locations We have been working together since 2007, and on this Broome Landmarks Bardi Local Language Groups project since
    [Show full text]
  • PACIFIC LINGUISTICS Research School of Pacific and Asian Studies
    PACIFIC LINGUISTICS Research School of Pacific and Asian Studies THE AUSTRALIAN NATIONAL UNIVERSITY PDF copy This .pdf (portable document file) document is an image file produced from a scan of an original copy of the book. It may not be reproduced without the permission of Pacific Linguistics. Pacific Linguistics Home Page: http://www.pacling.com Encountering Aboriginal languages: Studies in the history of Australian linguistics edited by William B. McGregor PL 591 2008 ISBN 9780858835832 540 pp. Prices: Australia AUD $121.00 (incl. GST) Overseas AUD $110.00 This edited volume represents the first book- length study of the history of research on Australian Aboriginal languages, and collects together 18 original papers on a wide variety of topics, spanning the period from first settlement to the present day. The introduction sets the scene for the book by presenting an overview of the history of histories of research on the languages of Australia, and identifying some of the major issues in Aboriginal linguistic historiography as well as directions for future investigations. Part 1 presents three detailed investigations of the history of work on particular languages and regions. The eight papers of Part 2 study and re- evaluate the contributions of particular individuals, most of who are somewhat marginal or have been marginalised in Aboriginal linguistics. Part 3 consists of six studies specific linguistic topics: sign language research, language revival, pidgins and creoles, fieldwork, Fr. Schmidt’s work on personal pronouns, and the discovery that Australia was a multilingual continent. Overall, the volume presents two major challenges to Australianist orthodoxy. First, the papers challenge the typically anachronistic approaches to the history of Aboriginal linguistics, and reveal the need to examine previous research in the context of their times — and the advantages of doing so to contemporary understanding and language documentation.
    [Show full text]
  • Island Country: Aboriginal Connections, Values and Knowledge of the Western Australian Kimberley Islands in the Context of an Island Biological Survey
    RECORDS OF THE WESTERN AUSTRALIAN MUSEUM 81 145–182 (2013) DOI: 10.18195/issn.0313-122x.81.2013.145-182 SUPPLEMENT Island country: Aboriginal connections, values and knowledge of the Western Australian Kimberley islands in the context of an island biological survey T. Vigilante1, J. Toohey1, A. Gorring1*, V. Blundell2, T. Saunders3, S. Mangolamara4, K. George1, J. Oobagooma5, M. Waina6, K. Morgan6 and K. Doohan7 1 Kimberley Land Council, PO Box 2145, Broome, Western Australia 6725, Australia. 2 Department of Sociology and Anthropology, Carleton University, 1125 Colonel By Drive, Ottawa, Ontario K1S 5B6, Canada. 3 PO Box 10, Derby, Western Australia 6728, Australia. 4 Wunambal Gaambera Aboriginal Corporation, PMB 16, Kalumburu via Wyndham, Western Australia 6740, Australia. 5 Dambimangari Aboriginal Corporation, PO Box 648, Derby, Western Australia 6728, Australia. 6 Balanggarra Aboriginal Corporation, c/- Kimberley Land Council, PO Box 821, Kununurra, Western Australia 6743, Australia. 7 PO Box 5404, Albany, Western Australia 6330, Australia. *Corresponding author: [email protected] ABSTRACT – Our paper describes Aboriginal connections, values and knowledge of the Kimberley islands and their resources in the context of a terrestrial biological survey of 24 islands, initiated by the Western Australian Government and coordinated by the Department of Environment and Conservation (DEC). The Kimberley islands represent part of the traditional lands of Aboriginal people in the region and hold great signifi cance and value for them. The Kimberley Land Council (KLC) facilitated the participation of 50 Aboriginal Traditional Owners in this survey, which spanned fi ve Native Title areas, three of which have now been determined (Bardi and Jawi, Wanjina Wunggurr Dambimangari and Wanjina Wunggurr Uunguu) and two of which are still in mediation (Balanggarra and Mayala).
    [Show full text]
  • The Journal of Critical Psychology, Counselling and Psychotherapy the Journal of Critical Psychology, Counselling and Psychotherapy
    The Journal of Critical Psychology, Counselling and Psychotherapy The Journal of Critical Psychology, Counselling and Psychotherapy Volume 16, Number 3, September 2016 Editorial – Indigenous Psychology: a brief introduction 153 Pat Dudgeon & Abigail Bray A Radical Activist’s Manifesto for Indigenous Australian Mental 162 Health: Rob Riley’s legacy 20 years on Pat Dudgeon, Abigail Bray & Dawn Darlaston-Jones Challenging Psychology: reflecting on Riley’s ‘Manifesto for Change’ 183 Dawn Darlaston-Jones On Ceremony 187 Craig San Roque Black (and White) Interpretations of Transcultural Training Videos: 197 the natives are still restless (and for good reasons) Carmen Cubillo & Geoff Denham Indigenous Psychologies, Fourth World Peoples and the International 214 Literature: finding ourselves in online abstracting and indexing databases Linda Waimarie Nikora, Bridgette Masters-Awatere, Waikaremoana Waitoki & Mohi Rua Decolonising Identities: Aboriginal Asian identity 223 Pat Dudgeon Book Reviews 233 The Journal of Critical Psychology, Counselling and Psychotherapy Edited by Craig Newnes Editorial Board Jacob van Belzen, Amsterdam, Holland Nimisha Patel, London, UK Abigail Bray, Perth, Australia Dave Pilgrim, Southampton, UK Erica Burman, Manchester, UK Dorothy Rowe, Sydney, Australia Jan Burns, Southborough, UK Janet Sayers, Canterbury, UK Sue Holland, Ross-on-Wye, UK Biza Stenfert Kroese, Birmingham, UK Lucy Johnstone, Bristol, UK Keith Tudor, Auckland, New Zealand Peter Lehmann, Berlin, Germany Carl Walker, Brighton, UK Book Review Editor Anne Cooke, Clinical Psychology Training Scheme, Salomons Centre, Broomhill Road, Southborough, Tunbridge Wells, Kent, TN3 0TG, UK. Please contact Anne if you wish to review books. Books for review should be sent directly to Anne. Aims and Scope JCPCP is a peer-reviewed journal which values personal experience above professional boundaries and doctrinal jargon.
    [Show full text]
  • Assessment and Prevalence of Dementia in Indigenous Australians
    ASSESSMENT AND PREVALENCE OF DEMENTIA IN INDIGENOUS AUSTRALIANS Kathryn Smith BSc. Occupational Therapy BSc. Psychology, Human Movement This thesis is presented for the degree of Doctor of Philosophy in Medicine The University of Western Australia School of Medicine and Pharmacology School of Primary, Aboriginal and Rural Health Care 2008 Summary Until recently, there was no dementia screening tool for Indigenous Australians and a paucity of information on the extent of dementia in Indigenous Australians. This thesis describes the development and validation of a tool to assess cognitive impairment in remote Indigenous Australians with the primary purpose of determining the prevalence of dementia and other associated conditions in this population . The tool was re- evaluated with the larger prevalence sample and a short version of the tool was developed and evaluated. The Kimberley Indigenous Cognitive Assessment (KICA) tool was validated with Indigenous Australians aged over 45 years from the Kimberley region of Western Australia (n=70). The results were later confirmed in a larger sample from the remote Kimberley (n=363), and an additional sample in rural and remote areas of the Northern Territory (n=47). The KICA results were compared to independent consensus diagnoses using DSM-IV and ICD-10. Interpreters were used whenever participants were not proficient in English. These data led to the determination of a cut-off score of 33/34 out of a possible total score of 39 for the cognitive component of the KICA (KICA-Cog), with a sensitivity of 0.93 and specificity of 0.95 and AUC of 0.98. The tool is now widely used within remote areas of Australia.
    [Show full text]