Transition Program: Establishment Regional

SOUTH WEST NATIVE TITLE SETTLEMENT TRANSITION PROGRAM: ESTABLISHMENT OF THE REGIONAL CORPORATIONS 2019

South West Aboriginal Land & Sea Council IMPORTANT: The material in this publication contains NOONGAR CORPORATIONS �� 2 The ILUAs prescribe that six Regional Corporations The WA Government will make funding instalments What is a Regional Corporation? �� 2 photos of deceased people and has been included INTRODUCTION are to be established, one in each of the ILUA regions of $50 million (indexed) yearly for 12 years into the How do you become a Member of a Regional Corporation? �� 3 with permission from the family. It is not our intention The purpose of this Transition Program is to provide and one Central Services Corporation to support the Trust. These financial contributions will be invested What are the different types of Membership? �� 3 to offend any persons and would like to respect our a documented plan to assist the Noongar people to Regional Corporations. during those 12 years. The Trust will function as a What is the process for employment of Regional Corporation Staff? �� 4 participate in the development and establishment of permanent fund which will provide ongoing funding people’s contribution to our Noongar community. What is the Regional Corporation Cultural Advice Policy? �� 5 The activities that occur during the Transition six Regional Corporations as part of the South West for Noongar cultural, social and economic programs. ! What is the Central Services Corporation? �� 5 Period are guided by the Transition Principles What is the Central Services Corporation Cultural Consultation Policy? �� 5 Native Title Settlement (Settlement). (Document 2) which were included in the ILUAs. The Operational funding of $10 million (indexed) will be Timeframe for Settlement �� 6 The Settlement area includes land covered by the Transition Principles were negotiated to encourage shared between the seven Noongar Corporations STEPS TO BECOME A REGIONAL CORPORATION �� 8 eight registered Noongar native title claims. maximum Noongar Community participation in annually for the first 12 years.

STEP 1 - Establishing the Regional Corporations �� 10 the development of the Regional Corporations YUED The terms of the negotiated Settlement are in In order for the Trustee to start providing financial and require that this will be achieved through the Agreement Group Workshops �� 12 the form of six separate Indigenous Land Use support to a Regional Corporation, that entity Community Participation �� 12 Agreements (ILUAs) (Document 1). The six ILUAs generally development and implementation of a well-defined Moora must be established and formally appointed as a Focus Group Workshops �� 13 Transition Program. encompass the entire area of the eight registered Regional Corporation by the Trustee. Each Regional Town Information Sessions �� 14 Noongar native title claims. The Settlement also provides for the establishment Corporation must satisfy the Trustee that it has been Gingin Membership Drive – Expressions of Interest �� 16 of the Noongar Boodja Trust (Trust), which will be established through a transparent and accountable Director Nomination Process �� 17 The Agreement Groups as described in the ILUAs are: Merredin Northam Pre-incorporation Meetings �� 18 established solely for the purpose of providing process, in accordance with the requirements of the 1. Ballardong People WHADJUK ORIC Incorporation �� 20 money, property or benefits to the Regional Transition Principles and other ILUA obligations. First Regional Corporation General Meeting �� 22 2. Gnaala Karla Booja and Harris Family BALLARDONG Corporations and Central Services Corporation. Perth 3. South West Boojarah #2 and Harris Family The Trust will be managed by an independent STEP 2 - Agreement Group Endorsement �� 23 4. Wagyl Kaip and Southern Noongar professional Trustee. Noongar Boodja Trust Deed Requirements for Agreement 5. Whadjuk People Group Endorsement at the Pre-incorporation Meeting �� 23 6. Yued GNAALA STEP 3 - Endorsement as an Eligible Charity �� 24 KARLA Narrogin BOOJA Why is a Regional Corporation required to be endorsed as an Eligible Charity? �� 24

STEP 4 - State Endorsement �� 25 Wagin Bunbury Collie What are the requirements for state endorsement of a Regional Corporation? �� 25

STEP 5 - Nomination of a Regional Corporation �� 26 Busselton Katanning STEP 6 - Appointment of Regional Corporation by the Trustee �� 26 Margaret SOUTH WEST STEP 7 - Application for Funding to the Trustee �� 26 River BOOJARAH Manjimup Bremer Bay THE ROLE OF THE SOUTH WEST ABORIGINAL LAND AND SEA COUNCIL WAGYL KAIP (SWALSC) IN THE TRANSITION PROGRAM �� 27

DEFINITIONS �� 28 Albany LINKS TO SUPPORTING DOCUMENTATION �� 32

Original images courtesy State Library of Western Australia and SWALSC

1 HOW DO YOU BECOME A MEMBER WHAT ARE THE DIFFERENT OF A REGIONAL CORPORATION? TYPES OF MEMBERSHIP? Each Regional Corporation will have a Register An Agreement Group Member is a Noongar Person of Members. Members can only be people that who is the descendant of one or more persons listed in Schedule 2 of the relevant ILUA (the apical ancestors). are included in the Native Title Agreement Group Agreement Group members may apply to become (Agreement Group) definition as per Schedule 2 of the members of one or more Regional Corporations, and/or relevant ILUA, and who meet requirements set out in of the Central Services Corporation. the relevant Regional Corporation Rule Book (Document 4). A Regional Corporation Member is an Agreement Schedule 2 of each ILUA includes an Agreement Group Group member that has applied to become a member description which outlines that the Agreement Group is of a Regional Corporation, and has been accepted as made up of Noongar People who are the descendants of a member. A person can be a member of more than NOONGAR CORPORATIONS one or more persons listed (the apical ancestors). one Regional Corporation. Agreement Group members will be able to submit A Central Services Corporation Member is a Noongar SIX REGIONAL CORPORATIONS WILL BE ESTABLISHED Person that has applied to become a member of the Expressions of Interest (Document 5) for membership of TO REPRESENT THE AGREEMENT GROUPS, AND Central Services Corporation, and has been accepted the future Regional Corporations in accordance with the A CENTRAL SERVICES CORPORATION WILL ALSO as a member. Regional Corporation Members will not eligibility requirements in Schedule 2 of the ILUA, the most BE ESTABLISHED TO ASSIST THE REGIONAL automatically become Central Services Corporation CORPORATIONS IN THEIR EVERYDAY BUSINESS. important being connection with the apical ancestor lists. Members, they must separately apply. The Expression of Interest process for Membership will A South West Aboriginal Land and Sea Council (SWALSC) commence at the Town Information Sessions. WHAT IS A REGIONAL CORPORATION? Member is a Noongar Person that has applied to AGREEMENT Applicant’s eligibility will be determined using become a member of SWALSC, and has been accepted The key purpose of the Regional Corporations is to GROUP as a member. If SWALSC becomes the Central Services benefit, advance and promote the Agreement Groups a genealogical database containing information MEMBER Corporation, SWALSC members will automatically be REGIONAL and their communities within the ILUA Region and relevant to the apical ancestor lists as per Schedule 2 Central Services Corporation members. of the relevant ILUA. The Expressions of Interest will CORPORATION to manage and care for the Cultural Land in the ILUA MEMBER Region. Each Regional Corporation will develop a then be processed after the Regional Corporation has The roles of Agreement Group members and members of the Regional Corporation in relation TYPES OF strategic plan based on the area’s priorities and been incorporated. Applicants will become members to the appointment of Directors are different. key projects. This will probably vary between the 6 once the Initial Directors have confirmed eligibility MEMBERSHIP Agreement Group members will appoint the Initial Corporations based on local priorities. requirements, the most significant requirement Directors at the Pre-incorporation Meeting. being connection with the apical ancestor lists, as SOUTH The Regional Corporations must meet the Regional mentioned above. Only the Members of a Regional Corporation CENTRAL WEST ABORIGINAL Corporation Principles (Document 3) which are set out can appoint the Member Directors of a Regional SERVICES LAND AND SEA in the ILUA. These are the Key Principles for the After Incorporation, the Agreement Group members Corporation, this appointment will be through a CORPORATION COUNCIL (SWALSC) structure, rule book and operations of the Regional will continue to be able to submit membership postal vote process, in accordance with the Election MEMBER MEMBER Corporations. applications which will be processed by the Directors. Manual (Document 6).

2 3 WHAT IS THE PROCESS FOR 6. Regional Corporation Members will have an WHAT IS THE REGIONAL CORPORATION WHAT IS THE WHAT IS THE CENTRAL opportunity to apply for staffing positions within EMPLOYMENT OF REGIONAL their Corporations, and will be provided with CULTURAL ADVICE POLICY? CENTRAL SERVICES SERVICES CORPORATION CORPORATION STAFF? sufficient notice to do so. THE TRUST DEED (DOCUMENT 7) REQUIRES THAT CORPORATION? CULTURAL CONSULTATION POLICY? The Agreement Groups will have an opportunity Agreement Group members will be asked to ALL REGIONAL CORPORATIONS SATISFY THE The Central Services Corporation will support The Central Services Corporation Principles to consider and provide feedback on the Regional endorse the staff recruitment process at the REQUIREMENTS OF THE REGIONAL CORPORATION the Regional Corporations by providing financial, require that the Central Services Corporation must Corporation staff recruitment process outlined below Pre-incorporation meetings. PRINCIPLES. THE REGIONAL CORPORATION administrative and legal services. The Central develop and maintain policies and procedures for at the Town Information Sessions: PRINCIPLES STATE THAT EACH OF THE REGIONAL Services Corporation Transition Program consultation with relevant Noongar People regarding Agreement members have an opportunity to get CORPORATIONS MUST ADOPT A CULTURAL (Document 10) includes further detail about the role and cultural matters. The Cultural Consultation Policy 1. Regional Corporation board will consider the involved at the Town Information Sessions, by (DOCUMENT 8). function of the Central Services Corporation. (Document 12) will be designed to meet this requirement. skills required for a Chief Executive Officer. providing feedback on the Staff Recruitment Process. ADVICE POLICY The Cultural Consultation Policy will outline how Specific details regarding the selection criteria, The Cultural Advice Policy will outline how the The Central Services Corporation must: To further participate in the staff recruitment process the Central Services Corporation will consult with short listing and interview process will be Regional Corporations will make cultural decisions after the incorporation of the Regional Corporations, • Be an Aboriginal Corporation; persons who have traditional connection and cultural determined by the Regional Corporation board in their particular Region. It will also set out how the Agreement Group members can do so by ensuring • Be endorsed by the State; authority within the Noongar Community. It will following the appointment of Member Directors Regional Corporation will obtain advice on making they become Regional Corporation Members and/or provide guidance on consultation processes. and Expert Directors (at the first “full board” cultural decisions from persons who have traditional • Be endorsed as an Eligible Charity (or be capable Directors of their Regional Corporation. Membership meeting). connection and cultural authority within the Noongar of being endorsed); The Transition Principles require that the Agreement provides an opportunity to vote in Directors that will Community. • Receive written endorsement from a majority of Groups have an opportunity to consider the initial 2. The Board will engage an Independent make decisions about the Regional Corporation Chief the Agreement Groups; and Cultural Consultation Policy. An initial Consultation Recruitment Company to conduct the recruitment Executive Officer. The Regional Corporation Board can only make Policy will be developed for discussion at the Town process for a Chief Executive Officer. decisions in relation to Noongar cultural interests • Satisfy the requirements set out in the Central Information Sessions. This will be a framework policy 3. Once appointed, the Chief Executive Officer after having received cultural advice following the Services Corporation Principles (Document 11) and the only at this stage. and Board will inform the Regional Corporation process set out in the Cultural Advice Policy. Transition Principles. Members about the Regional Corporation’s The Cultural Consultation Policy must be developed Consideration of the draft Cultural Advice Policy has proposed organisational structure, including how jointly by the Central Services Corporation and occurred at the Focus Group Workshops. Agreement staff will be recruited, selected and appointed the Noongar Corporations Committee, once this Group members will have the opportunity at the through an open, independent and transparent Committee has been established. This Committee Town Information Sessions to participate in the process. cannot be established until the Central Services further development of the Policy. It is intended Corporation and the Regional Corporations have been 4. The proposed Regional Corporation staffing the draft Policy will be tabled for Agreement Group appointed by the Trustee. requirements will need to take into account the Endorsement (Document 9) at each of the Regions’ Pre- purpose and role of the Regional Corporation. incorporation Meetings. It is therefore anticipated that the initial Cultural 5. The Board and Chief Executive Officer will Consultation Policy (as considered and adopted report to the membership at the first and by the Agreement Groups) will be presented as every opportunity in relation to the progress of a proposed draft to the Noongar Corporations recruitment of Regional Corporation staff. Committee for further development.

4 5 Registration Process for 6 ILUAs with NNTT and legal Conclusive SETTLEMENT COMMENCEMENT PROCESS proceedings in Federal Registration of all 6 Settlement Court (time frame ILUAs (60 BD after the Effective Date unknown) last ILUA is registered Notice (1-20 BD with NNTT) after Conclusive Settlement Registration of all Effective Date 6 ILUAs) (20 BD after Trust TIMEFRAME Settlement Effective Date Effective Date FOR SETTLEMENT (1-60 BD after Notice) This diagram outlines the relationship between the Settlement Trustee considers establishment of the Regional Corporations and the Effective Date) whether Regional commencement of the Settlement through the Registration of Corporation is the ILUAs. These two processes have been aligned to ensure that eligible the Regional Corporations are established at the same time that the Settlement will commence. For the Settlement to commence the ILUAs need to be registered with the TRUSTEE National Native Title Tribunal (NNTT). This registration process depends on APPOINTS NOONGAR finalising any legal proceedings against registration. Once these are finalised, the WA Government will signal commencement CORPORATIONS of the Settlement through the issue of a “Settlement Effective Date Notice”. The Settlement Effective Date Notice will trigger the Agreement Groups to initiate the formal ORIC incorporation Pre-incorporation / ORIC process for the Regional Corporations. Membership Agreement Incorporation Expressions of Insterest Once established, the Trustee will consider the Group Meetings of Regional Pre-incorporation eligibility of the Regional Corporations as Corporations Director Nomination Regional established through this Transition Member Town Process Corporations Program. Director and Information seek endorsment Expert Director Sessions from ACNC Nomination Membership Drive (Charitable Process Member Commences Purposes) State Postal Vote to Directors and Trustee Focus Group elect Member First Regional appoint Expert ESTABLISHING REGIONAL CORPORATIONS PROCESS Workshops Directors Corporation Directors General Meeting

BD: business days

6 7 STEP 2 STEP 6 APPOINTMENT OF AGREEMENT STEP STEP 1 GROUP ENDORSEMENT 4 REGIONAL CORPORATION STATE ENDORSEMENT If satisfied that the Regional ESTABLISHING A There must be an Agreement Group Corporation is eligible in accordance REGIONAL CORPORATION Endorsement of the Regional Corporation. The Trust Deed requires that with the requirements of the Trust An Agreement Group Endorsement is the WA Government must provide A Regional Corporation must be an Deed, the Trustee must appoint it an endorsement given in writing by STEP 3 written approval of the nomination of a Aboriginal Corporation established under as the Regional Corporation for an Agreement Group following a corporation as a Regional Corporation the CATSI Act. It must also satisfy the ENDORSEMENT the Region by a written special procedure set out in before the Trustee can be satisfied that requirements set out in the Transition AS ELIGIBLE CHARITY Appointment Notice. it may be appointed as a Regional Principles and in the Regional the Trust Deed. There must be an endorsement by the Corporation. This is called Corporation Principles. Commissioner of Taxation (via the ACNC) State Endorsement. that the entity is an Eligible Charity (or is capable of being endorsed as such). This means a fund, institution or other entity STEP 7 endorsed by the Commissioner of STEP APPLICATION Taxation as income tax exempt under 5 NOMINATION OF FOR FINANCIAL SUPPORT the Income Tax Assessment MADE TO THE TRUSTEE STEPS TO BECOME Act 1997 (Cth). REGIONAL CORPORATION A Regional Corporation may make an application Once steps 1-4 are complied with, the and is eligible to receive support from the Trust A REGIONAL CORPORATION Regional Corporation can nominate in accordance with the rules of the Trust and This Transition Program is designed to assist the Agreement Groups in writing for appointment as the in such amounts and on such conditions as in understanding how to comply with the requirements set out in the: Regional Corporation for its the Trustee may determine. Applications region. • CATSI Act that relate to the establishment and registration of an Aboriginal Corporation; must be made in accordance with • Relevant documents within the ILUAs (including the Noongar Boodja Trust Deed); the Funding Guidelines • Regional Corporation Principles; and (Document 13). • Transition Principles.

The following steps are required to satisfy the Trustee that an organisation is eligible to act as a Regional Corporation (clause 4.5 of the Trust Deed).

8 9 TOWN INFORMATION SESSIONS PRE-INCORPORATION DIRECTOR NOMINATIONS FOCUS GROUP Will be held across MEMBERSHIP DRIVE - WORKSHOPS the ILUA areas to EXPRESSIONS OF INTEREST Have commenced and consider and finalise The Pre-incorporation Director Nomination will continue to prepare documentation. Process will commence after the Town documentation and Information Sessions. A list of eligible candidates APPOINTMENT comply with the ILUA will be available for voting at the OF EXPERT DIRECTORS requirements. Pre-incorporation Meetings. Noongar People To be eligible to be appointed by the may submit an expression of interest to Trustee as a Regional Corporation, the AGREEMENT become a Member of their Regional Corporation is required at that time to have GROUP WORKSHOPS Corporation at this time. a Board of Directors of between 4 and 6 Informed the Transition PRE-INCORPORATION – individuals consisting of up to 4 Member Program and how the AGREEMENT GROUP Directors and 2 Expert Directors. Expert Agreement Groups want MEETINGS Directors can only be appointed by to establish Regional Pre-incorporation meetings will Members Directors. Corporations. most likely occur in early 2020, where Agreement Groups will agree to apply to ORIC for incorporation, approve the proposed Rule Books, and elect 4 Pre-incorporation Directors by FIRST secret ballot. ORIC INCORPORATION - INITIAL DIRECTORS REGIONAL CORPORATION GENERAL MEETING The Settlement Effective Date Notice ESTABLISHING MEMBER DIRECTORS STEP will be the trigger for the Regional The Regional Corporations will hold AND EXPERT the first General Meeting after the THE REGIONAL Corporations to be incorporated with POSTAL VOTE 1 ORIC as it signals commencement of DIRECTOR NOMINATIONS Regional Corporations are incorporated CORPORATIONS the Settlement The Pre-incorporation Once the Regional Corporations are Postal Vote proposed to confirm the appointment of the to be conducted by There are a number of opportunities for the Noongar Community Directors will become Initial incorporated, the nomination process Member Directors and endorse Directors. Western Australian to participate in the establishment of the Regional Corporations. for the Member Directors and Expert other documentation. Directors will commence. A list of Electoral Commission The following Diagram provides an outline of the stages (which eligible candidates for Member to elect Member are discussed in more detail below) in the Transition Program Directors will then be available Directors. where Noongar people have already and are still able to get for Postal Vote. involved in the establishment of the Regional Corporations.

10 11 COMMUNITY PARTICIPATION AGREEMENT GROUP WORKSHOP SCHEDULE To maximise Noongar Community participation, Agreement Group Date Place the Agreement Groups developed a Communication, Ballardong (On country) 7 November 2015 Quairading Town Hall Consultation and Participation strategy (Document 14). There are three broad marketing (Communication) Ballardong (Perth Metro) 25 November 2015 Cannington Exhibition Centre strategies that will be implemented for the Transition Program: Gnaala Karla Booja (Perth Metro) 9 December 2015 Cannington Exhibition Centre

1. Notification Gnaala Karla Booja (On country) 16 December 2015 South West Italian Club, Bunbury SWALSC will advertise with meeting notices and a South West Boojarah (Perth Metro) 4 November 2015 SWALSC Boardroom, Cannington newsletter to the SWALSC membership, the Focus Groups, working groups and attendees at the South West Boojarah (On country) 5 December 2015 Busselton Youth & Community Centre Agreement Group Workshops, as well as the local newspapers and identified agencies in the towns Wagyl Kaip/ Southern Noongar (Perth Metro) 11 November 2015 SWALSC Boardroom, Cannington and metro area, for all meetings. Wagyl Kaip/ Southern Noongar (On country) 28 November 2015 Kojonup Memorial Hall 2. Community Connect Whadjuk (North Metro) 18 November 2015 Cannington Exhibition Centre The Agreement Groups will use their agreed internal communication strategies including Whadjuk (South Metro) 19 November 2015 Cannington Exhibition Centre the nominated focus groups who will email out any documents to the Agreement Group. The Yued (On country) 21 November 2015 Moora Performing Arts Centre Agreement Group members will also participate Yued (Perth Metro) 2 December 2015 Cannington Exhibition Centre in family meetings to run through the core documentation i.e. the Rule Book amendments, the Cultural Advice Policy and the Regional AGREEMENT Corporation Directors nomination process. This will provide for the involvement of a broader FOCUS GROUP WORKSHOPS The purpose of the Focus Groups is to GROUP WORKSHOPS Noongar population than the current SWALSC consider and develop: As a result of the Agreement Groups workshops During November and December 2015, Agreement membership. Focus Group workshops have been held and will 1. The Regional Corporation Rule Books Group Workshops were held to inform Noongar 3. Social Media continue in preparation for the establishment of 2. The draft Cultural Advice Policy people on the progress of the Settlement, and The Transition Program will be marketed on the Regional Corporations and comply with the 3. Director nomination process to commence discussions and plan for the a number of social media platforms. requirements of the ILUAs. 4. Trust establishment update establishment of the Regional Corporations. This included discussions about the draft Rule Books and draft Cultural Advice Policies.

12 13 All of the Focus Group members were nominated TOWN INFORMATION SESSIONS • The Director Nomination and appointment process, from the Agreement Group workshops. No explaining how and when Directors will be elected. nominations were accepted on behalf of absent PURPOSE • The Regional Corporation Rule Book. members. All Agreement Groups addressed the These meetings are to prepare for the Pre- • The process and commencement of the issue of gender and age representation in the incorporation Meetings, and the establishment of the Membership Drive. Focus Groups. Regional Corporations. • The Draft Cultural Advice Policy. The Focus Groups, having considered the documents, These sessions will include discussion and • The Draft Central Services Corporation Cultural have nominated a small group to present the information related to: Consultation Policy. Regional Corporation Rule Book and the Cultural • SWALSC update information on the Transition • Consideration and feedback on the Central Advice Policy at the Town Information Sessions and to Services Corporation Rulebook (Document 15). Program. the Agreement Groups for their endorsement at the • The Central Services Corporation Transition Program. • Focus Group work. Pre-incorporation Meetings. • An update on Noongar Boodja Trust progress. • Consideration and feedback on the Regional Corporation Staff Recruitment Process. FOCUS GROUP WORKSHOPS HELD

Agreement Group Total # of Workshops Place Date NOTIFICATION The Town Information Sessions will be advertised as Kojonup 20 February 2016 Wagyl Kaip 2 agreed at the Agreement Group Workshops. Family Kojonup 12 March 2016 meetings will also be facilitated on request for Quairading 12 December 2015 Agreement Group members that are unable to attend Ballardong 2 Quairading 16 January 2016 Town Information Sessions. Cannington 8 December 2015 Cannington 15 December 2015 LOCATION OF TOWN INFORMATION SESSIONS Whadjuk 4 Cannington 4 February 2016 Agreement Group Location Cannington 25 February 2016 Wagyl Kaip Albany, Katanning, Cannington Busselton 30 January 2016 Ballardong Northam, Quairading, Cannington South West Boojarah 2 Busselton 20 February 2016 Gnaala Karla Booja Bunbury, Narrogin, Cannington Moora 23 January 2016 South West Boojarah Busselton, Bridgetown, Cannington Yued 2 Moora 5 February 2016 Yued Moora, Wongan Hills, Cannington Cannington 20 February 2016 Gnaala Karla Booja 2 Whadjuk Beechboro, Seville Grove, Cannington Boddington 5 May 2016

14 15 MEMBERSHIP DRIVE – DIRECTOR NOMINATION PROCESS A list of pre-qualified candidates who are eligible for nomination will be voted on by secret ballot at An Interim Nominations Committee has been EXPRESSIONS OF INTEREST the Pre-incorporation Meeting for their Regional established by SWALSC and the WA Government The Membership Drive will include opportunities for Corporation. Agreement Group members to express their interest to pre-qualify Noongar candidates as eligible for This Director Nomination Process will commence in becoming a member of a Regional Corporation. appointment as Directors. This will assist the Regional following the Town Information Sessions. Applications forms will be available: Corporations to comply with the Regional Corporation Principles. This Committee will not have any role in Agreement Group members who have skills and • Through Social media; relation to the appointment of Directors other than experience relevant to holding a Director position will • On SWALSC website; confirming candidates’ eligibility for appointment. be able to nominate for appointment. The Regional • At Town Information Sessions; • At Pre-Incorporation Meetings; and The Committee is comprised of six persons as Corporation Rule Book outlines the eligibility • Through the Director Nomination Processes. follows: requirements for Directors of Regional Corporations. Those that nominate and are eligible will be voted on The Membership Drive will commence from the • one person nominated by SWALSC; at the Pre-incorporation meeting. Town Information Sessions to encourage maximum • one person nominated by the WA Government; participation in and membership of a Regional The Director Nomination package will include the Terms • two representatives of the Noongar Community Corporation by the relevant Agreement Group of Reference (Document 17) for the Pre-incorporation that have experience with directorships and members. Agreement Group members will be able Directors, so that nominees understand the nature boards; and to commence submitting Expressions of Interest and scope of the role of Pre-incorporation Directors. applications immediately, but their Expressions • two Independent persons that have experience of Interest will not be finalised until the Regional with directorships and boards, of which one shall Corporation has been incorporated. be appointed Chair.

The Membership Drive will include informing An independent organisation, the Agreement Group members of the Expressions of Forum for Directors of Indigenous Interest process, access to application forms, and how Organisations (FDIO) (Document 16), will their membership application process will be run. It provide secretariat support to the is also proposed that all current SWALSC members Interim Nominations Committee for the will receive a letter which will explain the process, and selection process for Initial, Member which will include Expression of Interest Forms. and Expert Directors of the Regional To enable maximum awareness of the Membership Corporation. Drive, the Director Nomination Processes (outlined below) will include further opportunities for Agreement Group members to apply for membership. The Membership Drive also includes the same opportunities to submit an Expression of Interest for membership of the Central Services Corporation.

16 17 PRE-INCORPORATION MEETINGS • Instruct SWALSC to commence the necessary NOTIFICATION Australian Tax Office applications to ensure The Pre-incorporation Meeting, will also be an Agreement Pre-incorporation Meetings require a minimum 21 that the Regional Corporation is capable of day’s written notice. The notification process for the Group Meeting to approve actions and documents for endorsement by the Commissioner of Taxation as Pre-incorporation Meetings will include: Regional Corporation incorporation. The Pre-incorporation an Eligible Charity. • Mail out to the SWALSC membership; Meetings are expected to occur early in 2020. • Develop a list of initial members. • Mail out to Focus Group and Town Information On this day the following will need to be agreed to: • The list of initial members will be gathered from Session participants; • Apply to ORIC for registration. attendees at the meeting who are willing to put • Advertising on Facebook and the SWALSC website; • This is because the Regional Corporations their names forward to be initial members. This • Advertising in local newspapers and notice boards in each region. are required to be Aboriginal Corporations. group of people would need to sign to confirm that they: Aboriginal organisations must apply to PRE-INCORPORATION DIRECTORS the Office of the Registrar of Indigenous a) Authorised the Principal Legal Officer of The Agreement Groups will elect 4 Pre-incorporation Corporations (ORIC) under the Corporations SWALSC to apply to ORIC for incorporation Directors at the Pre-incorporation Meeting. Once the (Document 18) of the Regional Corporation; (Aboriginal and Torres Strait Islander) Act Regional Corporation is incorporated with ORIC the 2016 (CATSI Act). There are laws regarding b) Approved the proposed Rule Book; Pre-incorporation Directors will become the Initial incorporation under the CATSI Act that must be c) Agreed to any “Replaceable Rules” that were Directors. The Pre-incorporation Directors will have a limited role as they will not have the rights and complied with. included in that Rule Book; powers of a director during this period. • Approve the proposed Regional Corporation Rule d) Nominated the persons who will become the At this meeting the elected Pre-incorporation Book and Regional Corporation Cultural Advice Initial Directors on registration; Directors will be asked to accept the Terms of Policy. e) Nominated who will be the “Contact Person” Reference for Pre-incorporation Directors. The Terms • Nominate four Pre-incorporation Directors by a on registration. of Reference will have been circulated as part of secret ballot. the Director Nominations process. The Terms of Each Regional Corporation will need to provide Reference may include the following tasks for the • The list of pre-qualified candidates will be voted evidence to ORIC that at least 75% of people who Pre-incorporation Directors: on by the Agreement Group in a secret ballot. have consented in writing to become members of the • Making recommendations regarding the Nominated Pre-incorporation Directors to • Corporation have agreed to the above. This is called membership applications. These applications accept and sign onto Terms of Reference for the the ‘pre-incorporation requirement’. The Regional will be formally endorsed by the Initial Directors Pre-incorporation Directors. Corporation must obtain this evidence through a once the Regional Corporations are incorporated • Nominate the contact person or secretary. resolution document signed by 75% of those persons with ORIC. at the meeting who wish to be initial members that • Promoting and assisting with the continuation of • Endorsement of the Regional Corporation Staff they have agreed to the resolutions associated with the Membership Drive. Recruitment Process. the establishment of the Corporation as per s.29.15 of • Considering the Expert Director Skill Set. • Endorse SWALSC nominating to be the Central the CATSI Act. The Pre-incorporation Directors are not paid as the Services Corporation consistent with their Regional Corporations will not be established and are Central Services Corporation Transition Program. not yet eligible to receive funding from the Trustee. 18 19 ORIC INCORPORATION INITIAL DIRECTORS The Initial Directors will also consider: POSTAL VOTE The State and SWALSC have received confirmation Once the Regional Corporations are incorporated with • Adoption of a Board Code of Conduct (Document 19) Once the Committee has a list of eligible candidates, from ORIC that it is possible to align incorporation of ORIC, the Pre-incorporation Directors will become for the Regional Corporation; it is proposed that the WA Electoral Commission will the Regional Corporations with the Registration of the Initial Directors and will have the rights, powers, • Formally accept the membership Expressions of conduct a postal vote for Members of each Regional the ILUAs, to ensure that the Regional Corporations duties and responsibilities of a Director. Interest for Agreement Group members who meet Corporation to vote for their Member Directors. the Rule Book membership criteria, and ensure are established at the same time that the Settlement The Initial Directors will continue to work on the same that new Members are included in the Membership will commence. tasks, however they will be able to formally endorse ROLE OF MEMBER DIRECTORS Register; The Registration process with the National Native the recommendations for Regional Corporation The Member Directors elected through the postal vote • Consider Expert Director skills requirements; Title Tribunal depends on finalising any legal Membership. The Initial Directors will also have a will be appointed at the First Regional Corporation • Commence the Member Director and Expert proceedings challenging registration of the ILUAs. role in commencing and progressing the Member General Meeting. The Member Directors will: Director Nomination process; Once these proceedings are finalised and there are and Expert Director Nomination process, and in • Request Interim Nominations Committee to assist • Appoint the Expert Directors; no further delays, the WA Government will signal overseeing the postal vote process. They will finalise with Director Nomination Process; • Consider any new membership applications; commencement of the Settlement through the issue the Expert Director skill set and prepare, approve and • Undertake any other preliminary activities of a “Settlement Effective Date Notice”. release the notice of meeting for the First Regional • Apply to the State and the Trustee to be appointed Corporation General Meeting. associated with meeting State and Trustee as a Regional Corporation; and Once the State issues a Settlement Effective Date Endorsement requirements as a Regional • Carry out the role and functions of Directors of an Notice, everyone will know the date when the The Initial Directors must ensure that the Regional Corporation; Aboriginal Corporation as set out in their Regional Settlement will start and the Agreement Groups will Corporation can complete the remaining tasks • Applications to ORIC to allow for an extension of Corporation Rule Book and the CATSI Act. initiate the formal ORIC incorporation of the Regional necessary to satisfy the Trustee that it is eligible time for the first general meeting; and Corporations. to act as a Regional Corporation, including the • Prepare for and release the Notice of Meeting for ROLE OF AN EXPERT DIRECTOR appointment of Member and Expert Directors. the First Regional Corporation General Meeting of The Initial Directors are not paid as the Regional Members (Document 20), following completion of the Expert Directors are appointed by the Member Corporations will not be appointed and are not yet Member Director Election process. Directors (after the First Regional Corporation eligible to receive funding from the Trustee. General Meeting) and together they will constitute MEMBER AND EXPERT DIRECTOR NOMINATIONS the “Full Board”. Initial Directors will principally be responsible for finalising the Election Manual and commencing the Any Agreement Group Member who nominated An Expert Director will have recognised expertise and themselves in the earlier Director Nomination election process for Member Directors by postal vote. demonstrated experience that is appropriate and process will be required to nominate again to be relevant to the priorities of the applicable Regional considered as a Member Director. Initial Directors of Corporation. the Regional Corporation can also nominate to be a Member Director. The Initial Directors will request the Interim Nominations Committee to call for nominations for Member and Expert Directors.

20 21 FIRST REGIONAL CORPORATION NOTIFICATION AGREEMENT GENERAL MEETING The First Regional Corporation General Meeting will STEP GROUP PURPOSE require a minimum of 21 days’ notice. The notification 2 process will need to include: ENDORSEMENT The CATSI Act requires that the First General Meeting • Mail out to Regional Corporation members; of an Aboriginal Corporation be held within three NOONGAR BOODJA TRUST DEED months of its incorporation. However, as the Director • Advertising on Facebook and SWALSC Website; Nomination Process and Postal Vote is anticipated to and REQUIREMENTS FOR AGREEMENT take longer than three months, ORIC has confirmed • Advertising in local newspapers and notice boards GROUP ENDORSEMENT AT THE this timeframe can be extended. in each region. PRE-INCORPORATION MEETING The business of the First Regional Corporation THE ROLE OF THE FIRST “FULL BOARD” The Trust Deed requires that there must be General Meeting must comply with the requirements Agreement Group Endorsement of their Regional of the CATSI Act and the relevant Regional The two Expert Directors will be appointed by the Corporation. Corporation Rule Book. It will also provide an Member Directors shortly after the First Regional There are a number of things that must be done in opportunity to inform members about progress and Corporation General Meeting, at which the Member order to fulfill the requirements for Agreement Group the required steps to achieve endorsement as a Directors commence their Term. At that stage, the Endorsement: Regional Corporation by the State and the Trustee. Corporation will have a complete (full) board and will comply with the Regional Corporation Principles. • Agreement Group Endorsement must be given • This will require that the following business be in writing by an Agreement Group to the Trustee included on the agenda: This will enable the Corporation to complete the following the procedure set out in Schedule 6 of • An update on the process for considering and remaining steps to be eligible to be appointed as a the Trust Deed; accepting applications for memberships; Regional Corporation. • Agreement Group Endorsement must be provided • Confirm and endorse the election of Member following a meeting called by the Agreement Group Directors; at which a resolution was passed to endorse the • Update on outcomes of the Initial Directors’ First Regional Corporation as the Regional Corporation meeting/s; for the purposes of the Trust Deed; and • An update on the status of the endorsement • The Agreement Group Endorsement must be applications made to the Australian Tax Office; signed on behalf of the Agreement Group by the • Any other business regarding compliance with the persons authorised to do so by the Agreement CATSI Act or the Rule Book; and Group.

• Update on progress and future steps in relation to It is proposed that the Agreement Group Meeting for the Noongar Boodja Trust and Regional Corporation Agreement Group Endorsement will take place at the Endorsement. same time as the Pre-incorporation Meeting.

22 23 ENDORSEMENT STEP STEP Evidence regarding the establishment of the Regional 4. Consultation, review and amendment of Cultural AS AN ELIGIBLE STATE Corporations by the Agreement Groups will be Advice Policy prior to First Regional Corporation 3 4 provided to the Transition Consultant to enable the General Meeting; WA Government to carry out its assessment. CHARITY ENDORSEMENT 5. Appointment of Member and Expert Directors in WHY IS A REGIONAL CORPORATION WHAT ARE THE REQUIREMENTS FOR The Transition Consultant is an independent accordance with the Rule Book; consultant engaged by the WA Government to report 6. A Pre-incorporation Meeting that achieves the on and advise the WA Government on compliance REQUIRED TO BE ENDORSED AS AN ELIGIBLE STATE ENDORSEMENT OF A REGIONAL following: with satisfaction of the Transition Principles. The CHARITY? CORPORATION? Consultant will require evidence of: • Adoption of the Rule Book; The Trust Deed requires that the Commissioner of The Trust Deed requires that the WA Government • Adoption of the Cultural Advice Policy; and 1. A widespread membership drive; must provide written approval of the nomination of a Taxation must endorse that a Regional Corporation • Endorsement that the Regional Corporation corporation as a Regional Corporation. This is called 2. Consultation, review and amendment of the is an Eligible Charity and therefore Tax exempt. Tax seek appointment by the Trustee as a Regional State Endorsement. Regional Corporation Template Rule Book with exempt means to be free from, or not subject to, Corporation; and the relevant Agreement Group members prior to taxation by the Australian Tax Office. This will mean A Framework of Assessment of Transition its adoption; 7. Agreed processes for recruitment, selection and that a Regional Corporation will not need to pay Principles (Document 21) has been developed by the WA appointment of senior management and staff. income tax or lodge income tax returns. Government. The framework sets out the criteria on 3. Reasonable notification and widespread which the State will rely when considering whether advertising of the First Regional Corporation This requirement must be met before the Trustee to provide its endorsement of a Regional Corporation General Meeting; can appoint the Regional Corporation as a Regional which is seeking appointment as a Regional Corporation. Corporation by the Trustee. It is proposed that the Agreement Group will provide instructions to SWALSC at the Pre-incorporation Meetings to seek the required Australian Tax Office endorsements.

The ACNC and Australian Tax Office have provided preliminary indication that the Regional Corporations will meet the requirements to be endorsed as an Eligible Charity.

24 25 NOMINATION APPOINTMENT OF APPLICATION STEP STEP STEP 5 OF A REGIONAL 6 REGIONAL CORPORATION 7 FOR FUNDING CORPORATION BY THE TRUSTEE TO THE TRUSTEE

Once steps 1 to 4 are completed, the Regional If satisfied that the Regional Corporation is eligible in Once appointed by the Trustee, the Regional Corporation can apply in writing to the Trustee accordance with the requirements of the Trust Deed, Corporation can apply for funding from the Trust. for appointment as the Regional Corporation the Trustee must appoint the nominated entity as This will require the Regional Corporation to prepare for that region. a Regional Corporation. This will be evidenced by a the following documents: written Appointment Notice. • A financial year budget; and • A first year implementation/annual plan. THE ROLE OF THE SOUTH WEST ABORIGINAL SWALSC will provide assistance to the Regional LAND AND SEA COUNCIL (SWALSC) IN THE TRANSITION PROGRAM Corporations to ensure that they have prepared the necessary documentation to support an application to the Trust for financial support. SWALSC’s role in this Transition Program is to support SWALSC will assist the Agreement Groups with the SWALSC engaged Pricewaterhouse Coopers to the Agreement Groups in maximising Noongar drafting of a number of documents required as part of develop a Central Services Corporation Transition participation in the development of the Regional the implementation of the Transition Program, including: Program to outline how it may transition to become Corporations. • Cultural Advice Policy the Central Services Corporation. SWALSC will have a dedicated team for the Transition • Rule Book amendments The WA Government requires SWALSC to develop Program, consisting of: • Induction packs for Directors a framework for how it will consult with SWALSC members, Directors and staff regarding how it will 1. Project Manager – to manage the roll out of the • Board Code of Conduct use its existing resources to transition into the Transition Program. • Meeting template documents Central Services Corporation. It is anticipated that 2. Regional Development Unit – to support all • Strategic and annual plans the Pricewaterhouse Coopers Transition Report will media, logistics and liaison. • Applications to the Trust for funding address this requirement. 3. Legal corporate and tax specialist advice. • Budgets for the Regional Corporations SWALSC will seek endorsement as the Central 4. Secretariat support – minute taking, record • Other documentation as requested Services Corporation at each of the Agreement Group keeping and preparation of meeting materials. During the Transition Period for the establishment of Pre-incorporation Meetings. 5. Communications and marketing support – an Regional Corporations, SWALSC will continue to act SWALSC must satisfy the Trustee and the WA internal communication specialist to manage as the Native Title Representative Body. Government that a transparent and accountable social media, newsletters and updates on the The Transition Period will end in each region when process was undertaken to establish the Central website. the Regional Corporation is appointed as a Regional Services Corporation. Corporation by the Trustee.

26 27 Central Services Corporation Member: is a Noongar Directors Nomination Process: the process followed DEFINITIONS Person that has applied to become a member of the to pre-qualify Noongar candidates as eligible for Aboriginal Corporation: means corporation registered Central Services Corporation, and has been accepted appointment as Directors. under the Corporations (Aboriginal and Torres Strait as a member. Eligible Charity: an entity endorsed by the Islander) Act 2006 (CATSI Act) Central Services Corporation Principles: the Commissioner of Taxation as income tax exempt Australian Charities and Not-for-profits Commission Principles which must be provided for in the Rule under Sub-division 50B of the Income Tax (ACNC): is the independent national regulator of Books of Central Services Corporation. The Principles Assessment Act 1997. charities. provide for sound governance arrangements, as set Election Manual: sets out the process for nomination Agreement Group: the relevant “Native Title out in Annexure E to the Settlement Terms of the ILUA. and election of Directors. Agreement Group” associated with a Region as Central Services Corporation Rule Book: a defined in the ILUA. Means Ballardong, Gnaala Karla comprehensive written document containing all Expert Directors: means a Director of the Corporation Booja and Harris Family, South West Boojarah and of the internal governance rules (as that phrase having recognised qualifications and demonstrated Harris Family, Wagyl Kaip and Southern Noongar, is defined in section 63-1 of the CATSI Act) of the experience that is appropriate and relevant to the Whadjuk , Yued being all of the people who have been corporation and consistent with the Central Service matter for which the expert is required. identified as people who hold or may hold Native Title Corporation Principles, the ILUAs, the Trust Deed and Framework of Assessment of Transition Principles: in relation to land and waters within that ILUA Area. the CATSI Act. sets out the WA Government’s criteria for State Agreement Group Endorsement: an endorsement Conclusively Registered: an ILUA that remains Endorsement of a Regional Corporation. given by the Agreement group in accordance with Registered in the ILUA Register which is maintained ILUA: an Indigenous Land Use Agreement Schedule 6 of the Noongar Boodja Trust Deed. by the National Native Title Tribunal. containing the details of the South West Native Title Agreement Group Member: is a Noongar Person Cultural Advice Policy: each Regional Corporation is Settlement, entered into by the State and each of who is the descendant of one or more persons required under the Regional Corporation Principles the Agreement Groups. listed in Schedule 2 of the relevant ILUA (the apical to have a process providing for Cultural Decisions Initial Directors: the first Directors of the Corporation ancestors). to be made in accordance with the advice and upon registration with ORIC. Persons who were Pre- recommendations of persons who have relevant Australian Business Number (ABN): means the Incorporation Directors become Initial Directors upon traditional connection and cultural authority under registered business number with the Australian Tax Traditional laws and Customs. Incorporation by ORIC. Office. Cultural Consultation Policy: policies and procedures Initial Members: members of an Agreement Group Australian Tax Office: means the Australian developed by the Central Services Corporation to who agree to be Initial Members of the Corporation Government Office for Taxation. guide consultation processes with relevant Noongar for the purpose of enabling Incorporation of the CATSI Act: the Corporations (Aboriginal and Torres Strait People in relation to matters affecting Traditional Regional Corporation by ORIC. Islander) Act 2006 (Cth). The Regional Corporations Laws and Customs. Interim Nominations Committee: established to must be incorporated under this Act so as to be Cultural Land: means any estate, right, interest in pre-qualify candidates as eligible for appointment as considered to be Aboriginal Corporations. land or Management Order held by the Land Sub and directors on the boards of the Regional Corporations Central Services Corporation: means the organisation vested in the Trust from time to time and identified by and Central Services Corporation before the Trust is appointed as the Central Services Corporation. the Trustee as Cultural Land. established.

28 29 Member Directors: means a Member of the Regional Corporation Principles: the Principles Corporation who is appointed as a Director. which must be provided for in the Rule Books of each Regional Corporation. The Principles provide Native Title Representative Body: means a prescribed body corporate in relation to Native Title for sound governance arrangements, as set out in rights and interests. Annexure E to the Settlement Terms of the ILUA. Noongar Boodja Trust: will hold and manage assets Regional Corporation Rule Book: document that derived from the Settlement for the benefit of the contains all of the internal governance rules (as that Regional Corporations. phrase is defined in section 63-1 of the CATSI Act) of the corporation and consistent with the Regional Noongar Community: the six Agreement Groups, Corporation Principles, the ILUAs, the Trust Deed and collectively. the CATSI Act. Noongar Corporations Committee: established Settlement Effective Date Notice: notice of the as the primary source for consultation amongst actual date of Settlement. Notice must be given by the Regional Corporations and Central Services the State within 20 Business days of the last of the Corporation. Conditions to Settlement being fulfilled for all ILUAs. Pre-incorporation Directors: the persons who South West Aboriginal Land And Sea Council are approved by the Agreement group at the Pre (SWALSC): means the Native Title Representative Incorporation meeting to become the Initial Directors Body for the South West of Western Australia. once the Corporation is Incorporated under the CATSI Act by ORIC. South West Native Title Settlement: means the full and final resolution of native title claims of Office of the Registrar of Indigenous Corporations the Noongar People in the South West of Western (ORIC): maintains the public registers of Aboriginal Australia, as described in each of the ILUAs. councils and incorporated Aboriginal associations. Transition Principles and the associated “Framework participation in the development of the organisation, Trustee: means the professional trustee company Regional Corporation: a Corporation that is State Endorsement: the WA Governments’ written of Assessment” of compliance with the Transition and in its membership. that will be the initial trustee of the trust. The Trustee established by the relevant Agreement Group and approval for the nomination of a Corporation as a Principles. of the Noongar Boodja Trust, as appointed under the appointed by the Trustee as the Regional Corporation Regional Corporation. Transition Program: the document that outlines the Trust Deed. for that Region. SWALSC Member: is a Noongar Person that has Transition Period: the period in each Region from the process for establishing the Regional Corporations Regional Corporation Member: is an Agreement applied to become a member of SWALSC, and has execution of the ILUA, through to the appointment by during the Transition Period, to assist the Noongar Trustee in Waiting: the Trustee that is nominated to Group member that has applied to become a member been accepted as a member. the Trustee of a Regional Corporation for that Region. people to understand how and when they can be appointed as the Trustee of the Noongar Boodja participate in the development and establishment of Trust. After the Trust Effective Date, the Trustee of a Regional Corporation, and has been accepted as Traditional Laws and Customs: the body of traditions, Transition Principles: the Principles described in the Regional Corporations. in waiting becomes the actual Trustee, following a member. A person can be a member of more than laws, customs and beliefs of the Noongar Community. Annexure Y of the Settlement Terms to the ILUAs, Appointment by the Appointers, as described in the one Regional Corporation. which are designed to ensure that a transparent Trust Deed: means the trust deed that establishes Transition Consultant: an independent consultant Trust Deed. and accountable process is undertaken to identify the Trust. Regional Corporation Nomination: a written notice to engaged by the State to report on and advise Corporations that can nominate to become Regional Trust Effective Date: means the Noongar Boodja Trust the Trustee from a Corporation seeking appointment the State on compliance with satisfaction of the as a Regional Corporations. Corporations, through maximum community commencement date.

30 31 LINKS TO SUPPORTING DOCUMENTATION (AS THEY APPEAR IN THE TRANSITION PROGRAM) All links can be found in www.noongar.org.au/formal-docs 1. ILUAs 2. Transition Principles 3. Regional Corporation Principles 4. Template Regional Corporation Rule Book 5. Expression of Interest: Membership application forms 6. Election Manual 7. Trust Deed 8. Draft Cultural Advice Policy 9. Agreement Group Endorsement 10. Central Services Corporation Transition Program 11. Central Services Corporation Principles 12. Draft Central Services Corporation Cultural Consultation Policy 13. Funding Guidelines 14. Communication, Consultation and Participation strategy 15. Central Services Corporation Rulebook 16. FDIO Proposal 1 7. Terms of Reference for the Pre-incorporation Directors 18. ORIC Application for Registration 19. Draft Regional Corporation Board Code of Conduct 20. Draft Notice for the First Regional Corporation General Meetings 21. State’s Framework of Assessment of Transition Principles

OTHER USEFUL DOCUMENTATION 22. Presentation that SWALSC provided at the Preliminary Workshops 23. Noongar Governance Manual 24. Focus Group Workshop Agenda 25. Town Information Session Agenda 26. Draft Notice for the Pre-Incorporation Meetings 2 7. Draft Agenda for the Pre-Incorporation Meetings 28. Draft proposed resolutions for the Pre-Incorporation Meetings 29. Draft First Regional Corporation Board Meeting Agenda Draft 30. Draft Agenda for the First Regional Corporation General Meeting 31. Draft proposed resolutions for the First Regional Corporation General Meeting

32 33 PRODUCED BY SOUTH WEST ABORIGINAL LAND & SEA COUNCIL IMPORTANT: The material in this publication contains photos of deceased people and has been included with permission from the 1490 Albany Highway | Cannington | WA | 6107 family. It is not our intention to offend any persons and would like South West Aboriginal Tel 08 9358 7400 Fax 08 9358 7499 W noongar.org.au to respect our people’s contribution to our Noongar community. Land & Sea Council