LETTER OF TRANSMITTAL

The Honourable Jenny Macklin MP Minister for Families, Housing, Community Services and Indigenous Affairs Parliament House CANBERRA ACT 2600

27 September 2010

Dear Minister,

I am pleased to present the 2009-10 Annual Report for South Native Title Services Ltd.

This report is provided in accordance with the Australian Government’s Department of Families, Housing, Community Services and Indigenous Affairs 2009-10 general terms and conditions relating to the native title funding agreements under the Native Title Act 1993 (Cth), s 203FE(1).

The report includes independently audited financial statements for the financial year ending 30 June 2010.

Yours sincerely,

Ezio Senatore Director QSNTS Ltd

w w i TABLE OF CONTENTS

Letter of Transmittal...... i Performance Report...... 27 • Overview...... 28 • Outputs/Trends...... 29 Table of Contents...... 1 • Narrative Report on Native Title Claims...... 31 • Targets/Outcomes Table for Native Title Claims...... 47 Glossary...... 3 • Financial Report...... 55 • Future Acts...... 56 Contact DETAILS...... 5 Corporate Report...... 59 • Organisational Governance...... 60 Director’s Report...... 7 • Organisational Management...... 60 • Planning and Reporting...... 60 CEO’s Report...... 8 • Risk Management...... 60 • Remuneration of Staff...... 61 QSNTS Overview...... 12 • External Scrutiny...... 61 • Background and Governance...... 14 • Role, Vision, Values...... 14 Human Resources Report...... 62 • Functions...... 15 • Organisational Structure...... 16 Consultants, Competitive Tendering • Services...... 18 • Statutory Services...... 19 and Contracting...... 65 • Capacity Development...... 20 • Reform...... 21 Financial Statements...... 67 News and Developments...... 22 Index...... 91 • Regional Approach...... 24 • Implementation of TRIM...... 24 • Appointment of CEO for QSNTS...... 24 • Policy and Procedures Manual...... 25 • QSNTS launches new Strategic Plan 2010-2013...... 26 • QSNTS welcomes new PLO...... 26 • Social Justice Commissioner visits QSNTS...... 26 • Website Review...... 26 • QSNTS Welcomes New CFO...... 26 w w 1 2 ALRM Aboriginal Land Rights Movement LGAQ Local Government Association GLOSSARY of Queensland CLC Carpentaria Land Council • Applicant refers to the person or persons, LRT Land and Resources Tribunal authorised by the native title claim group to make CFO Chief Financial Officer an application for a determination of native title or LSSP Legal Service Strategic Plan an application for compensation and to deal with all matters arising under the Native Title Act 1993 CAC Act Commonwealth Authorities (Cth) (NTA) in relation to that application. and Companies Act 1997 (Cth) MOU Memorandum of Understanding

• Authorisation is the process (usually in the CEO Chief Executive Officer NNTT National Native Title Tribunal form of a meeting) that a community use to give permission for an application for a determination CMT Case Management Team NTS CORP Native Title Services Corporation of native title to be made under the NTA on their (NSW) behalf by ‘the Applicant’ and to give the Applicant the power to deal with matters arising in relation CPSU Community and Public Sector Union to that application. NTA Native Title Act 1993 (Cth) DERM Department of Environment • Certification refers to the process by which and Resource Management NTDA Native Title Determination Application relevant Native Title Representative Bodies (NTRBs) or Native Title Service Providers DOGIT Deed of Grant in Trust NTRB Native Title Representative Body (NTSPs) can certify that the authorisation requirements of the NTA have been met regarding Native Title Determination Applications (NTDA) EPA Environmental Protection Authority NTSP Native Title Service Provider and Indigenous Land Use Agreements (ILUA). EPC Exploration Permit for Coal NQLC North Queensland Land Council • Native title is the communal, group or individual rights and interests of Aboriginal EPM Exploration Permit Minerals OH&S Occupational Health and Safety Peoples and in relation to land and waters, where the rights and interests are possessed under the traditional FaHCSIA Commonwealth Department of OIPC Office of Indigenous Policy laws acknowledged, and the traditional customs Families, Housing, Community Coordination observed, by the group or individual concerned; Services and Indigenous Affairs and by those laws and customs, have a ORIC Office of the Registrar of Indigenous connection with the land and waters; FAIRA Foundation for Aboriginal and Corporations and the rights and interests are recognised Islander Research Action by the common law of Australia. PBC Prescribed Body Corporate FMO Finance Minister’s Orders • Native title application refers to an application for a determination of native title, a revised PLO Principal Legal Officer determination of native title or a compensation GALC Goolburri Aboriginal Land Council application under s 61of the NTA. It is sometimes QSRBAC Queensland South Representative referred to as a Native Title Determination GLC Gurang Land Council Body Aboriginal Corporation Application or native title claim. Aboriginal Corporation QSNTS Queensland South Native (Source: National Native Title Tribunal GMI Greater Mount Isa region Title Services Limited www.nntt.gov.au)

ILUA Indigenous Land Use Agreement TRIM Total Records Information Management

LIR Land Interest Reference w w 3 4 CONTACT DETAILS Internet Home Page Address www.qsnts.com.au REPORTS QSNTS Brisbane Head Office Address Level 4, 370 Queen Street Brisbane, Q 4000

PO Box 10832, Adelaide Street Brisbane, Q 4000

P (07) 3224 1200 | 1800 663 693 F (07) 3229 9880 E [email protected] Bundaberg Shop 2, 220 Walker Street Bundaberg, Q 4670

PO Box 954, Bundaberg, Q 4670

P (07) 4151 1099 | 1800 663 693 F (07) 4151 0822 E [email protected] Mount Isa 31-33 Commercial Road Mount Isa, Q 4825

PO Box 1948, Mount Isa, Q 4825

P (07) 4743 1322 | 1800 663 693 F (07) 4743 1140 E [email protected]

w 5 6 DIRECTOR’S REPORT CEO REPORT I have the pleasure of informing the Minister for Families, Housing, Community Services and Indigenous Affairs on Introduction the performance of Queensland South Native Title Services (QSNTS) in delivering native title services for southern Queensland during the 2009-10 financial year. The 2010 Financial Year certainly presented its fair share of strategic, operational and organisational challenges and opportunities to QSNTS. It was indeed a hard year but one that has strengthened the organisation in terms of The reporting period has again provided a challenging time for QSNTS. capability and responsiveness to the very fluid, if not at times, volatile native title environment that QSNTS operates in. An environment that was characterised and influenced by the following features in the 2009/2010 Financial Year: The 2009/10 year witnessed the appointment of the full Executive of Kevin Smith (Chief Executive Officer), Shahzad Rind (Principal Legal Officer) and Paul Davies (Chief Financial Officer). All three come to the organisation with • A very proactive case management approach to claim disposition by the Federal Court; extensive experience in Native Title and I congratulate each member of the Executive on their appointments. • A resurgence in the extractive sector in both minerals and coal-seam gas; • An increasing demand for infrastructure development to support regional growth but in particular the critical A significant event that occurred during the reporting period was the launch of the Strategic Plan 2010-2013. This establishment of social housing and other infrastructure for Aboriginal communities; and plan was developed to provide QSNTS with the direction and vision necessary to become a lead native title service • Public funding constraints and competition in a post Global Financial Crisis recovery period provider. This is a three year Strategic Plan that has five specific strategic priorities. This plan has been designed to enable the organisation to reform and improve the native title system, allowing for better and more timely results These features are significant in their own right but have a compounding effect when combined in a native title whilst enhancing the capacity of Traditional Owners’ to realise their aspirations. context. In this environment, Traditional Owners have the responsibility to prosecute their claims with very limited resources under the constant threat of strike-out by the Federal Court whilst simultaneously balancing the obligation Other developments include the launch of the QSNTS website, a vital tool in providing clients and stakeholders with to protect their ancestral lands and waters from inevitable development and seizing unprecedented economic and comprehensive information as well as the rewrite of policies and procedures allowing for effective decision making. social opportunities for the benefit of current and future generations. All initiatives have assisted the organisation to provide staff, clients and stakeholders a better delivery of service. How Traditional Owners, in particular Applicants who are essentially ‘volunteers’, juggle these competing priorities The coming year will see the appointment of a full board, the majority of which will be Indigenous. is remarkable. The fact that these responsibilities are discharged on a daily basis by people, which the Preamble to the Native Title Act recognises as “...the most disadvantaged in Australian society”, is truly astonishing. Accordingly, I would like to thank QSNTS for their hard work and dedication, and look forward to working with them in the future as CEO of an organisation that exists to support these people, I am in awe of the tenacity, commitment and good- in providing professional native title services to our clients. heartedness of all our clients and thank them for their instructions over the past year.

- Strategic Plan 2010-2013 Within the above native title landscape, QSNTS launched its Three Year Strategic Plan in November 2009. The five key strategic priorities being: Ezio Senatore Director 1. Statutory Services – delivering a complete Queensland South Native Title Services Ltd range of statutory services to realise our clients’ aspirations 2. Capacity Development – enhancing our clients’ capacity to be autonomous in pursuing their rights and interests 3. Reform – reforming and improving the native title system 4. Organisational Capability – strengthening our systems, structures and decision-making processes 5. People – developing QSNTS’ People through good recruitment, training and development.

The rest of this report will briefly touch upon these five priorities.

Kevin Smith, CEO w w 7 8 • In Kalkadoon - a matter currently listed for trial – the State has made a number of important concessions Statutory Services regarding issues of pre-sovereignty society and continuity; The majority of our time, resources and effort over the 2010 Year was committed to claim preparation and • In Boonthamurra, Mardigan, Mithaka and Budjiti – the trials have been vacated and the State and QSNTS representation. We commenced the Financial Year with 47 claims and ended the year with 33. This reduction was have entered into a court managed process that will hopefully lead to positive outcomes in 2011; a direct result of the proactive Federal Court case management approach. Whilst this approach has not been popular with clients, it has been the catalyst to remove unmeritorious or defective claims from the system so that I must emphasise that all these matters have yet to be finalised and are subject to many other factors, most better prepared claims can be filed in a systematic way. importantly the consent of other respondent parties and the ultimate discretion of the Federal Court in making Orders, however these developments underscore the importance of positive key stakeholder relationships at all Whilst claims may have been removed from the system the workload has not disappeared. On this front, QSNTS organisational levels in complex operating environments like native title. These developments should also hearten has established a number of steering committees in these unclaimed areas which have become dialogue spaces all QSNTS’ clients that candid, robust and respectful negotiations conducted on a foundation of credible lay and for native title groups to get better organised but also develop and implement plans for future claims to be filed expert evidence can result in solid progress and good outcomes. In the current and future environment where based on clear, credible expert and lay evidence. In this regard, a strong evidential basis created early is critical many of these negotiations will be concurrently undertaken with litigation preparation, it is the strength of these to successfully prosecuting native title claims in this new case management environment. relationships that may very well make the difference. During the 2010 Financial Year, seven matters were listed for trial. Over the course of the year all but one matter Capacity Development were either discontinued or placed in a tightly managed court process. In this environment, the need for Traditional Owners to fully understand the multi-pronged native title processes that In relation to other statutory functions, during the reporting period QSNTS undertook an ILUA Certification Project are constantly changing is vitally important. Just as important is the need to understand where native title fits within facilitating the registration of a number of Liquefied Natural Gas (LNG) ILUA’s for native title groups along the a broader social, economic and cultural context. To this end, QSNTS takes the responsibility of assisting Traditional pipeline corridor that extends from the gas fields in the Surat Basin through to Gladstone. The pipeline project Owners in building capacity within these narrow and broader contexts very seriously. In many respects, capacity will generate significant trans-generational economic benefits for traditional owners. development is the ‘glue’ that keeps the many different components of a native title group together on the way to a native title determination and beyond. On the topic of agreement-making, ILUAs remain an important tool to resolve native title in accordance with the principles of free, prior and informed consent. There have been many constructive negotiations with local The 2009/2010 year has seen QSNTS explore different service delivery models for this specific programme. The government and other infrastructure providers over the course of the year which will result in ILUAs in the next challenge has been stretching limited resources across client needs that are as diverse as they are complex. In the financial year. reporting period, QSNTS has utilised resources provided by the State of Queensland to provide targeted capacity development in the mining future act area. These funds and in-kind support by the Department of Natural Resourses On a broader note, in February 2010 I met with The Honourable Desley Boyle, Minister for Local Government and and Mining have been greatly appreciated. There has been much learning over the course of this programme. Aboriginal and Torres Strait Islander Partnerships when we had a very constructive meeting on the need to engage In QSNTS’ view the recipe for success having regard to our organisational mandates and constraints are: with native title holders through ILUA negotiations to build social housing on Aboriginal Communities within the QSNTS’ region. The importance of the role of ILUAs in delivering social housing outcomes was further highlighted 1. Integration – capacity development in both its narrow and broader context needs to form part of the planning, by the holding of a joint meeting between the CEOs of Queensland NTRB/NTSPs and Minister Boyle, Deputy implementation and review of each claim management plan. Director-General Ron Weatherall and senior staff of the Department were a commitment to exploring these options 2. Tailored Products and Services – a brokerage model is the best way of navigating the plethora of public, private was made. These strategic discussions have been very constructive and will positively influence negotiations at and not-for-profit programmes that are available and tailoring those programmes to meet specific needs then the individual NTRB/NTSP level. connecting clients with programme providers. 3. Advocacy and coordination – QSNTS is uniquely placed to identify programme gaps and improvements that Whilst on the topic of strategic stakeholder relations, I am pleased to report that a highlight of 2010 was the start are needed and advocate for those changes as well as provide ‘hub’ coordination to those service providers of some very positive high level discussions with the State of Queensland including Minister Stephen Robertson and clients. and Director–General John Bradley as well as the Queensland Attorney-General Cameron Dick. These senior level meetings were very useful in developing a critical understanding of our respective organisational positions. I look forward to reporting progress on these initiatives in the next CEO report. To contextualise this statement, as at 1 July 2009, the State government had not accepted one connection report in the entire QSNTS region (over half the state of Queensland) since the inception of the Native Title Act in 1994. Reform QSNTS’ perception and concerns were that the State held a certain view about the prospects of successfully arguing native title in the southern part of Queensland due to the extent of colonisation. Refreshingly, over the I refer to the submissions and interventions that QSNTS made during the course of the reporting period (see page past 12 months or so we have seen: 21). Legislative and administrative reform is an important and necessary organisational objective of QSNTS which we will continue to pursue. • In Quandamooka, a claim on the ‘doorstep’ of Brisbane, the State file admissions in court on s223 (1) (a) and (b) and enter into broader negotiations that will hopefully lead to a native title consent determination in 2011; • In four other matters, the State has provided conditional acceptance of connection reports placing these claims on an optimistic path to consent determinations in late 2011/early 2012; w w 9 10 Organisational Capability A number of significant developments occurred during the reporting period that have been referred to in the report. Some of these developments included: QSNTS OVERVIEW • a major re-write of QSNTS’ policies and procedures that has improved decision-making; • the appointment of a records management officer to assist staff in the training and use of our electronic TRIM records management system; • the finalisation of the QSNTS Enterprise Agreement that articulates some key employee entitlements; • the launch of the Strategic Plan 2010-2013 and • the launch of the QSNTS website.

QSNTS in the post amalgamation era (since 1 July 2008) is still a ‘young’ organisation. The above developments are part and parcel of the maturation process of the organisation and I am sure that there will be much iteration of our policies, procedures and systems as we grow and learn from experience over the coming years. People A strong service delivery organisation does not run without the energy, intellect and commitment of a team of people. I opened this report by thanking very important people, our clients, and would like to close it by thanking the other set of important people; the Board and Staff of QSNTS. I would also like to thank the many external consultants that have provided their support and considerable expertise in assisting us to assist our clients.

Plainly, when an organisation has a torrid year as that experienced by QSNTS, we need to peel back the structure and acknowledge that the people who make up that structure have had an equally torrid year. These experiences not only bond people but strengthen them individually and collectively. Thank you to all staff, past and present, for the massive effort applied to the many challenges that were presented, and I daresay, overcome during this period.

I would like to personally thank Eddie Senatore for his stewardship as the Chairperson and all other Board members for their support.

A special thank you is extended to the Executive team. To the Acting Principal Legal Officer, Colin Hardie, I would like to thank for the hard work over the previous five years. Thank you and welcome to Shahzad Rind (Shaz), our Principal Legal Officer who commenced on 6 April 2010. Shaz came to QSNTS at an extraordinarily busy time and through his professionalism, native title experience and sheer determination, the organisation has transitioned to the next phase of its development. Over the next Financial Year, Shaz is very keen to strengthen the overall Legal Practice to provide quality legal representation to our clients in a complex statutory environment. Finally, I would like to thank and congratulate Paul Davies on his appointment as Chief Financial Officer. After an acting period of approximately two years, Paul has played a critical role in building the organisation’s corporate capacity to deal with the many challenges experienced over the 2009/10 year and he will no doubt continue to play a significant role in leading our corporate team and building our organisational capability over future years.

I submit the CEO Report for your consideration.

Kevin Smith CEO Queensland South Native Title Services w 11 12 Queensland South Native Title Services works within the regions displayed below: QSNTS Ltd is a public company limited by guarantee BACKGROUND & GOVERNANCE under the Corporations Act 2001 (Cth). It is governed by the QSNTS constitution that specifies that the Following the High Court’s landmark Mabo and objective of the company is to provide native title Others v Queensland (No 2) decision of 1992 which services to the Traditional Owners of the land and overturned the doctrine of terra nullius, the Native waters in the Queensland south area. Title Act 1993 (Cth) (NTA) was passed. The NTA was established to provide a framework for Aboriginal In light of further amendments, QSNTS is now one Peoples and Torres Strait Islanders to gain recognition of the largest native title organisations, servicing over of their rights and interests to traditional lands and half the state of Queensland. A regional presence waters. As a consequence, a network of Native Title is maintained with offices located in Bundaberg and Representative Bodies (NTRB) and Native Title Mount Isa and the Head Office located in Brisbane. Service Providers (NTSP) was established throughout Australia to provide services in accordance with the NTA to assist Aboriginal Peoples and Torres Strait ROLE Islanders in pursuing recognition of native title rights and interests. QSNTS is the Native Title Service Provider (NTSP) for the southern half of Queensland. Since the passage of the NTA, various organisations have provided native title services for the southern QSNTS is a company limited by guarantee, funded region of Queensland. However, due to a number under s 203 FE (1) of the Native Title Act 1993 (Cth) of legislative amendments and reviews, the to carry out the functions of a representative body Commonwealth Government withdrew its recognition as prescribed in the NTA. Mt Isa of these organisations and native title services in the area ceased on 22 June 2005. Under s 203FE (1): QSNTS provides the full range of statutory services through Native Title Claims (NTDAs), Future Acts, The Secretary of the Department may make funding Indigenous Land Use Agreements, Capacity available to a person or body, by way of a grant or Development and Reform. in any other way the Secretary considers appropriate, NORTH WEST for the purpose of enabling the person or body to REGION perform, in respect of a specified area for which NORTH EAST there is no representative body: VISION Rockhampton REGION (a) All the functions of a representative body; or Realising Traditional Owners’ aspirations to land and waters through professional native title services. Bundaberg (b) Specified functions of a representative body; Either generally or in relation to one or more Birdsville specified matters. VALUES Charleville Roma SOUTH EAST QSNTS Ltd was registered as a public company At QSNTS we recognise and respect cultural and Quilpie on 2 June 2005 by the Australian Securities and other diversity. REGION Investments Commission. Later that month, QSNTS SOUTH CENTRAL was invited to apply for funding under s 203 FE We provide culturally appropriate services in SOUTH WEST REGION (1) of the NTA by the Commonwealth Government. ways that are: REGION On 7 July 2005, the then Minister for Immigration, St George Brisbane Multicultural and Indigenous Affairs granted funding • Professional • Collaborative to QSNTS as a Native Title Service Provider for the • Accountable • Openly communicated southern region of Queensland.

w w 13 14 FUNCTIONS s 203BI internal review QSNTS provides a process whereby its clients can QSNTS’ objective is to provide native title services seek review of the decisions and actions made or to Aboriginal Peoples and Torres Strait Islanders taken in the performance of our functions or the in the southern half of Queensland. Our primary exercise of QSNTS’ powers that affect them. functions are prescribed by the NTA: s 203BJ other functions s 203BB facilitation and assistance QSNTS conducts other functions related to native QSNTS either provides or facilitates the research title that work toward improving the native title system and preparation of native title applications and so that it provides opportunities and results for assist by representing or facilitating representation Traditional Owners. Examples include reform, capacity in consultations, mediation, negotiations and development and negotiating agreements such as proceedings relating to native title applications, future memorandums of understanding. These agreements acts, Indigenous Land Use Agreements (ILUA) and between neighbouring representative bodies and any other matter related to native title. service providers are put in place to establish co-operative and supportive relationships for s 203BE certification dealing with matters such as claims that border two representative body service areas. QSNTS certifies native title applications and applications for registration of ILUAs. s 203BF dispute resolutioN ORGANISATIONAL STRUCTURE QSNTS assists in promoting agreement between QSNTS’ organisational structure was overhauled its clients regarding native title applications, in 2008 in order to meet the contrasting requirements conducting consultations, negotiations, mediation of servicing a much larger region. This involved the and proceedings regarding native title and related formation of Case Management Teams that comprise matters. We also provide mediation between client a legal officer, research officer and community groups regarding native title claim issues such as relations officer. This model has continued in the claim boundary overlaps and shared apical ancestors. current reporting period and we have continued to make operational enhancements designed to improve our service delivery and accountability. s 203BG notification Positions in the areas of records management The notification function seeks to ensure that as far and logistics were added in the reporting period. as reasonably practicable, notices that are received by QSNTS that relate to the land and waters, wholly Board of Directors or partly within the area we represent, are brought to the attention of native title holders or people who may Ezio Senatore hold native title and to advise them of relevant time Stephen Brennan limits to respond to such notices. Mamun Rashid s 203BH agreement making QSNTS is required to be a party to ILUAs and in regard to the matters proposed in the agreement, consult with and have regard to the interests of people who hold, or may hold native title in relation to the land and waters in that area.

w w 15 16 ORGANISATIONAL CHART SERVICES

Board of Directors

Chief Executive Officer Communication and Public Relations

Executive Assistant

Principal Chief Financial Legal Officer Officer Realising Traditional Owners’ aspirations to land and Case Management Future Acts Corporate Manager Finance Officer waters through professional native title services Team eform tutory Servic R Sta es Operational Information Human Asset and Contracts Records Administrative Technical Assistance Assistance Technology Resources Management Management Deve Case Management Teams (CMT): acity lopme Legal O cer, Research O cer, ap nt Community Liaison O cer C Operational Administrative Assistance: Research, Legal, Future Acts, General Administrative Assistance Technical Assistance: Community Relations Logistics O cer, Legal Research and Policy O cer

QSNTS fulfils its functions through a service delivery model founded on the assertion that native title has a vital role to play in reducing the gap between Indigenous and non-. QSNTS takes an approach that aims to enhance Traditional Owners’ capacity for autonomy. Exercising their rights is fundamental to creating a sustainable future for Aboriginal Peoples and Torres Strait Islanders. QSNTS has developed a three pronged holistic service delivery model that includes; Capacity Development, Reform and Statutory Services. Each activity is as equally important as the other. QSNTS believes these activities must be equally harnessed to provide real outcomes for Traditional Owners.

QSNTS staff and the Social Justice Commissioner w w 17 18 Statutory Services Indigenous Land Use CAPACITY DEVELOPMENT Agreements (ILUA) • Native Title Claims (NTDA) An ILUA is a negotiated agreement between native Capacity development is the process through • Future Acts title groups and other parties (such as governments, which individuals, communities and organisations • Indigenous Land Use Agreements pastoralists and utility companies) about the use obtain, strengthen and maintain skills and knowledge and management of land and waters in a certain needed to realise their aspirations over time and in Native Title Claims area. ILUAs are provided for under the NTA and are a sustainable way. QSNTS actively promotes the use used as a mechanism to resolve certain native title of its Capacity Development Program as an integral QSNTS provides legal representation, facilitation issues through a negotiated process as an alternative part of the broader native title process that enables and assistance to Aboriginal Peoples and Torres Strait to expensive, time consuming and often uncertain Aboriginal Peoples and Torres Strait Islanders to Islanders through consultation, mediation, negotiation, litigation processes. Importantly, a registered ILUA enjoy an independent and enriched well-being. agreement making and court proceedings relating to is legally binding on the parties to the agreement as their native title claim. well as all native title holders for that area. QSNTS works in partnership with the Queensland Government’s Department of Employment, Economic These services include assisting and facilitating in the QSNTS provides a range of services related to Development and Innovation to provide Traditional research and preparation of native title claims, which ILUAs such as facilitation, assistance and Owners and their community opportunities and access includes determining ‘Right People for Right Country’; representation in negotiating and resolving to obtain knowledge, training and skills development. resolving disputes that may arise in determining agreements; and certifying for the registration Achievements in this period have included the the claim group and certification of the claim for of Indigenous Land Use Agreements. completion of a skills audit, the enrolment of a number lodgement with the Federal Court. of Traditional Owners in TAFE courses and the preparation of draft rules for the incorporation of a Future Acts PBC for some claim groups. The uncertainty (while the Machinery of Government determined which A future act is a proposed activity that may affect department would be responsible for the Capacity native title such as mining, exploration, compulsory Development Program) has continued to have an acquisition, tourism and other developments. impact on the program in terms of implementation, training, funding and preparation of reports. Under the Native Title Act 1993 (Cth) and Aboriginal Cultural Heritage Act 2002 (Qld), a registered native The program has developed from solely focussing title claim has certain rights, such as the right for on deliverables associated with the Native Title Applicants (people who make a native title claim) process to investigating a capacity development to be notified and consulted on future acts that alliance. It is envisaged this alliance will establish a may affect their native title rights and interests. brokerage model which will see all key stakeholders contributing to a wrap around service which focuses Most future acts are notified under s 24 of the on the needs of the individual groups as well as NTA. As the representative service provider for exploring the regional opportunities available. the region, QSNTS receives notices and forwards In partnership with Traditional Owner Groups, them on to the Applicant for the relevant registered Government Departments and regional agencies, this native title claim. QSNTS provides registered program will aim to provide opportunities in the areas Applicants with assistance in understanding the of enterprise, education, training and employment. process for commenting on or objecting to the proposed activities.

Activities such as mining, petroleum exploration and compulsory acquisition of land for non government parties are notified under s 29 of the NTA. Where a right to negotiate applies, QSNTS provides a service representing the registered native title Applicants in negotiations and, if necessary, arbitration of future acts. w w 19 20 of the Indigenous Cultural Heritage Acts Review REFORM (available below). Based on submissions received during the Review, DERM published its Key Issues QSNTS’ reform agenda aims to enhance the and Draft Recommendation Paper in November native title system and related matters to improve 2009. This submission is made in response to NEWS & DEVELOPMENTS the social, cultural and economic sustainability of those Draft Recommendations and argues that Traditional Owners. the suggested amendments fall short of providing the best protection of Aboriginal cultural heritage The NTA was intended to be beneficial legislation, because they fail to give Traditional Owners a with a strong preference for outcomes to be greater role in its protection. 2009-2010 negotiated rather than litigated. For these outcomes to be achieved QSNTS believes there needs to be • Submission to FaHCSIA on the Possible legislative and administrative reform. Housing and Infrastructure Native Title Amendments Discussion Paper – Legislative changes include; reversing the onus of 7 September 2009 proof; disregarding extinguishment and streamlining Proposed amendments to the NTA will the native title determination process. purportedly contribute to a more streamlined process for delivery of public housing and Administrative changes include: exploring broader infrastructure in Indigenous communities. land settlements; alternative procedure regimes and QSNTS raises a number of concerns over the enhancing the ability of the Applicants to engage in new process and urges the Commonwealth the process. to create statutory triggers that will encourage parties to negotiate broader settlements. For the reporting period, QSNTS made a number of submissions on native title related legislation; • State Rural Leasehold Land Strategy (Delbessie Agreement) Discussion Paper – • Submission on Disregarding Historical 27 August 2009 Extinguishment Proposals – 26 March 2010 This paper discusses the possible legal effects of Proposed amendments to the Native Title Act will native title interests on the State Rural Leasehold allow historical extinguishment to be disregarded Land Strategy, which was implemented under by agreement of the parties in National, State recent amendments to the Land Act 1994 (Qld). or Territory parks set aside for preservation of the environment. While QSNTS is supportive of • Submission on Draft Guidelines for Best any proposal that could provide opportunities Practice Flexible and Sustainable Agreement for more claims to be settled by negotiation Making – 1 July 2009 rather than litigation, we do not consider that the This submission is divided into three parts that amendment goes far enough. With reference correspond to the distinct phases of broader to examples that occur within Queensland, land settlement negotiations identified in the this submission examines a number of forms of Guidelines. Generally, QSNTS is of the view that historical extinguishment and argues in favour of the Guidelines represent a positive step towards an amendment that is much broader in scope than a more flexible and less technical approach what is proposed by the Attorney-General. to agreement making. The last section of this submission suggests a number of timeframes, • Submission on Indigenous Cultural reporting mechanisms and incentives that ought Heritage Acts Review - Key Issues and Draft to be put in place to guarantee real outcomes Recommendation Paper – 23 February 2010 for traditional owners. QSNTS has been involved in the public consultation process over the proposed QSNTS works in partnership with the National amendments to the Indigenous Cultural Heritage Native Title Council and other Native Title Acts since late 2008 and made detailed Representative Bodies and Service Providers submissions in March 2009 as part advocating for positive change. w 21 22 • A central location for client and stakeholder QSNTS Service Area Regional Approach contact details; Pre 1 July 2008 QSNTS’ service area comprises a diverse blend of • Action tracking and version control and KEY urban, remote and regional communities. As a result, QSNTS has divided its service area into regions • Compliance with relevant record keeping Acts. North Queensland South Region based on geographical and resource districts. This Town/City approach seeks to improve the opportunities for claim groups to engage in collaborative agreements Appointment of CEO for and settlements with other parties who have shared interests in the resources and land. QSNTS – 1 September 2009

Mr. Eddie Senatore, Chair of the QSNTS Board Implementation of TRIM – was pleased to announce the appointment of Kevin Smith as CEO of Queensland South Native Title August 2009 Services. Kevin Smith successfully led the operational amalgamation incorporating the region previously It is one year since the TRIM Context system was represented by the Gurang Land Council and the rolled out at QSNTS in August 2009. Whilst the Greater Mt Isa region previously represented by the implementation of TRIM is one component, change Carpentaria Land Council. Mr. Smith has been acting Birdsville management is an ongoing challenge and we are in the position of CEO since 1 May 2008 and was continually working to improve user acceptance. formally appointed on 1 September 2009. Charleville Quilpie Roma To date the take up rate of TRIM by staff has Thargomindah Cunnamulla been well above average for this type of record Kevin is a descendant of the Meriam Peoples of the Brisbane management system. Torres Strait and has traditional connections to Ugar St George (Stephen Island) and Erub (Darnley Island). Due to the complexities of TRIM, the position of TRIM administrator was created and filled. In addition Kevin holds a Bachelor of Laws from The University to maintaining the system this role is responsible for of Queensland along with management qualifications ongoing TRIM training and record keeping advice. from The University of Queensland’s Graduate School Employees of QSNTS continue to gain confidence of Management. He was admitted as a solicitor of the QSNTS Service Area in functionalities like capturing documents at the point Supreme Court of Queensland, the Federal Court of of creation and the consistent sharing of information Australia and High Court of Australia in 1994. as of 1 July 2008 via TRIM . Everyone at QSNTS is required to use TRIM in their day to day tasks and it has therefore Kevin has over twenty years experience working in Mt Isa become an integral part of staff induction. Indigenous affairs where he has held legal and senior management positions in the private, public and not- KEY QSNTS has invested considerable time and for-profit sectors. As a solicitor he primarily practised QSNTS’ Regions NORTH WEST resources into the development of TRIM and in civil and criminal law representing Aboriginal and REGION Town/City the benefits it provides include: Torres Strait Islander clients. NORTH EAST Rockhampton REGION • The mitigation of conflicts of interest and Kevin has held a number of senior management Bundaberg confidentiality breaches through increased security; positions including: the Chief Executive Officer of the National Secretariat of Torres Strait Islander Birdsville • A single repository containing all QSNTS Organisations Ltd and the Chairperson, and later, Charleville Roma information assists in the preservation and sharing Chief Executive Officer of the Brisbane Aboriginal Quilpie SOUTH EAST SOUTH CENTRAL REGION of knowledge; and Torres Strait Islander Legal Service. SOUTH WEST REGION REGION Brisbane • Minimal duplication of files and documents stored; From 2002 to April 2008, Kevin was the Queensland St George State Manager of the National Native Title Tribunal. w w 23 24 He is also a board director of the National Native Title the Githabul consent determination in NSW as well Council Ltd – an umbrella organization that represents Policy and Procedures QSNTS launches new as the Crescent Head ILUA (Dunghutti Peoples). the interest of native title representative bodies and service providers. Mr Rind’s predecessor was Mr Colin Hardie who Manual – September 2009 Strategic Plan 2010-2013 was the Acting PLO for QSNTS and remained as Current involvement: QSNTS engaged consultant group Mellish & the solicitor on the record until 30 June 2010. Associates to establish a policy and procedures – 18 November 2009 • AIATSIS’ Native Title Research and manual for QSNTS staff. Our policy and procedures Advisory Committee QSNTS has undergone major change, growth underpin effective ways of working and the manual and development over the past 24 months, proving Social Justice Commissioner incorporates sections relating to Business, Client • QLD Native Title Liaison Committee to be a challenging period for clients, staff and Services and Corporate services. It is updated broader stakeholders alike. Parallel to QSNTS’ and refined as needed. This document outlines the visits QSNTS - 26 May 2010 • Minerals Council- Indigenous Leaders Forum internal changes there have been external adjustments processes for conducting business in a professional with the Native Title Act subjected to yet another The Aboriginal and Torres Strait Islander Social manner and guides us in providing professional and • National Native Title Council round of amendments. In response to the changing Justice Commissioner, Mr Mick Gooda attended consistent services. native title environment, a Strategic Plan has been a meeting at QSNTS’ Brisbane Office. Mr Gooda developed to provide QSNTS with the direction spoke with staff about the role of the Commission and vision necessary to become a lead native title and the value of human rights, the importance of service provider that creates real outcomes for native title and the future direction of the Commission Traditional Owners’. in contributing to achieving the objectives of the Close the Gap campaign. The Strategic Plan embraces a Vision of ‘realising Traditional Owners’ aspirations to land and waters through professional native title services’. The Vision encompasses QSNTS’ goals and statutory Launch of the QSNTS Website mandates as outlined in the Native Title Act 1993. It identifies five specific strategic priorities that aim & Review – 26 August 2009 to collaboratively reform and improve the native title system to allow for better and more timely results The launch of the QSNTS website was celebrated on whilst enhancing the capacity of Traditional Owners’ August 26 2009. The website commenced at a basic to enable sustainable futures for their communities. level but over time it has become a comprehensive resource for all who visit the site. Since QSNTS launched its new website as part of its communication strategy a review was undertaken to obtain feedback QSNTS welcomes new PLO on the usability and effectiveness of the website to improve our services to clients and stakeholders. – 6 April 2010 The feedback was positive with helpful suggestions for improvement. On 6 April 2010, QSNTS welcomed new Principal Legal Officer, Mr Shahzad Rind to the organisation. Mr Rind is a descendant of the Yamatji Peoples of the Pilbara region of Western Australia. QSNTS welcomes new CFO

Mr Rind has 10 years’ post admission experience in – 2 June 2010 NSW and WA in native title, commercial law, criminal law and anti-discrimination litigation. Mr Rind was On 2 June 2010, QSNTS appointed Paul Davies previously the Deputy PLO of the Yamatji Marlpa to the Chief Financial Officer position. Mr Davies Aboriginal Corporation (NTRB for the Pilbara region) was the acting CFO since the amalgamation and where he has had carriage of complex future act prior to this was employed by the Gurang Land negotiations and large native title claims. Mr Rind was Council Aboriginal Corporation. He brings with also a solicitor with NTSCorp and was involved in him a wealth of experience and his permanent appointment completes the Executive. w w 25 26 Overview PERFORMANCE REPORT The Australian Government developed the outcomes and outputs reporting framework to identify where and how government funding is being used. The outputs- outcomes structure of an organisation reflects its business and enables reliable performance reporting to the relevant funding body. The Department of Finance and Administration defines outcomes as ‘the results, impacts or consequences of actions by the Australian Government on the Australian community’. Actual outcomes are the results or impacts actually achieved through the goods and services delivered by the organisation. The performance report combines tables and a narrative discussion of QSNTS’ delivery of services and goods for the 2009-10 financial year. QSNTS’ outcome is to realise Traditional Owners’ aspirations to land and waters through professional native title services. This section is a report on the effectiveness and efficiency of QSNTS measured against the operational plan (targets).

1 The Department of Finance and Administration www.finance.gov.au

w 27 28 Trend Information • Queensland experiences high level of interstate Table: Outputs 2009/2010 migration driven by the extractive sector hence The CEO report contains a number of important the need for town expansion and infrastructure observations some of which are repeated below: development in urban and regional centres – Facilitation and assistance: Number accordingly the level of s24 future act notices Claimant Applications 45 • The Federal Court has adopted a very proactive that need to be processed will remain high; case management approach that includes the – Filed this year by NTRB 8 creation of a rolling list of claims that will be • QSNTS has diversified its pool of consultant – Number of current active claims represented by NTRB @ 30 June 2010 33 prioritised for trial and consent determination – anthropologist which will assist significantly in this prioritisation process will continue to be progressing claims that comply with the State’s – Number of these registered with NNTT 5 the main driving factor for workload and Connection Guidelines – this will result in the Non-Claimant Applications 1 resource allocation; timely production of connection reports that will not only assist in the prosecution of claims Agreements 80 • Mining and Liquefied Natural Gas will but provide a strong evidential basis for Compensation Claims 0 continue to have a high impact on Right to resolving overlaps; Negotiate and ILUA workload in terms of Responses to Future Acts 1696 Notifications processed substantive negotiations as well as request • It is envisaged that over the next 12 months, Determinations of Native Title 0 for ILUA certification – whilst these economic there will be a number of consent determinations opportunities are vitally important they cannot be and ILUAs that will significantly bolster QSNTS’ ILUAs negotiated, registered 4 the sole reason for lodging or maintaining claims corporate experience which will in turn expedite so there will be an ongoing tension of managing outcomes in the medium to long term; Complaints and Disputes clients expectations in light of the legal and Complaints (a)Received, (b)Resolved, (c)Pending 21 Received and resolved funding realities; • A perennial issue in the NTRB/NTSP system is the attraction, retention and succession Disputes relating to Native Title Applications 0 • Recent changes in FaHCSIA’s Contested planning of human resources in particular Disputes relating to ILUAs, rights of access and other matters 0 Litigation Funding Guidelines have introduced experienced lawyers – the ‘war for talent’ the necessary rigour in proceeding to trial will continue in light of the court disposition Requests for Review of decisions not to assist – (a)completed, (b)pending 0 however at some point in time the number strategy and Right to Negotiate processes; of matters listed for trial by the court pursuant to the prioritisation process will outstrip funds made available under the guidelines forcing a re-calibration to avoid a serious miscarriage of justice;

PCCC and Mithika w w 29 30 mediation with other parties and Aboriginal groups North East Region Claims claiming interests in the area of the Barada Barna and Southern Barada People’s NTDA’s. Kabalbara Yetimarla Claims The mediation was convened and chaired by The Barada Barna claim was registered. Private the NNTT in Rockhampton on April 2010. The lawyers continue to act for them. mediation did not secure a resolution of the issues.

However, the area of the claim covers two native title As ordered, the State provided a written response representatives bodies (NQLC and QSNTS) and to QSNTS regarding the Connection report on accordingly, pursuant to the Native Title Act, there 31 May 2010. was a necessity for an agreement between the two representative bodies before either would be able In April 2010, an anthropologist was commissioned to act. An agreement was entered into. The CEO by QSNTS on behalf of the Darumbal People to for QSNTS has had discussions with the Barada provide a “Supplementary Connection Report” to Barna’s legal representatives as to conditions QSNTS by 31 October 2010. Field research was under which QSNTS would take over the role as completed in April 2010. legal representative. It has been pointed out to the Barada Barna Applicant and their lawyer that there Meetings with the claim group and Applicants were is a potential conflict of interest in the Southern held in October 2009 and June 2010. Barada Kabalbara Yetimarla claim. At the Directions Hearing on 8 July 2010 in Rockhampton, the legal Iman #2 representative for the Barada Barna again confirmed The Iman People #2 NTDA was registered on that they wished QSNTS to act on their behalf. 26 July 2002.

Southern Barada and Kabalbara In compliance with the orders of the Federal Court of 11 June 2009, the Pre-Sovereignty report was Research has been continuing with a view to prepared and provided to the respondents to the recommencing a claim relating to the former SBK Iman People #2 in November 2009. territory. The new claim is probably more likely to Stradbroke Island be called Yetimarla. In response to orders of the Federal Court made on 3 December 2009, QSNTS delivered a report Federal Court this strategy had to be abandoned. There is a commonality of some of the apical to the respondents to the Iman People #2 NTDA in Consequently Authorisation meetings were delayed ancestors with respect to the Barada Barna claim Narrative Report on July 2010. and priority was given to commissioning research in and the SBK claim. Currently, this claim is not order to enable a response to Federal Court orders registered. There were two Applicant meetings Meetings with the claim group and Applicants were Native Title Claims requiring the Principal Legal Officer to certify the held on 5 February 2010 and 14 April 2010. held in October 2009 and May 2010. QSNTS’ representation of native title claims did viability of many of the new claims. Priority was given increase. Our service area covers approximately to establishing an evidence base to make correct and Darumbal #1 and Darumbal #2 Karingbal People #1 Karingbal #2 60 client groups, of which QSNTS now represents strategic decisions on issues such as claim group The Darumbal People #2 NTDA was registered on 33 active native title applications. description and boundary. However, despite the In late March 2009, QSNTS commissioned an 23 February 1999 and on 5 July 2000 the Darumbal urgency of meeting the demands of Federal Court anthropologist to prepare an anthropological report People #1 NTDA passed registration. In addition many of the new claims (particularly in orders, on the whole there has been positive progress in relation to both the Karingbal People and Karingbal the former area of responsibility of the Gurang Land throughout the reporting period with five new claims People #2. In accordance with the orders of the Federal Court Council Aboriginal Corporation) were overlapped passing registration testing by the National Native made on 11 June 2009, the Connection report was and upon review were found not to be supported by Title Tribunal. The final draft of the first stage of the research delivered to the respondent parties to the applications existing anthropological research. QSNTS hoped material was provided to QSNTS on 27 November in November 2009. to adopt the same model of land summits that had 2009 and the final draft of stage 2 of the report previously been successful in resolving overlapping was provided to QSNTS on 3 June 2010. At the directions hearing of 3 December 2009, claims. However, as a result of orders by the Justice Dowsett ordered the Darumbal People into w w 31 32 Meetings with the Applicant were held in Rockhampton The People have agreed to the on 13 July 2009 and on 26 and 27 February 2010 establishment of a Representative Committee and Belyando to Dawson Rivers Region and in Brisbane on 24 May 2010. an Elders Council for the purpose of making decisions In July 2009 QSNTS received an anthropological and instructing QSNTS on the filing of a new native research report which was directed towards Claim group meetings were held in Rockhampton title determination application on behalf of the Wakka establishing the land holding groups in the region on 14 August 2009, 13 November 2009 and Wakka People. that existed prior to sovereignty and the areas those 24 June 2010. groups covered. Mediation meetings between the anthropologists for Port Curtis Coral Coast (PCCC) the DJJ and Wakka Wakka have been convened by On 4 September 2009, an information session was the NNTT. Separate conferences between the lawyers held by QSNTS with persons comprising the former At the Directions Hearing in Rockhampton on for DJJ and Wakka Wakka convened by the NNTT Applicants representing the above groups in their 3 December 2009, orders were made as to a have also occurred. Mediation is due to continue in native title claims to discuss the researcher’s findings. means of dealing with the tenure extinguishment the 2010/2011 financial year. issue. On 31 March 2010, a further order was made. In consequence of the above information session, The order was that the first step to be taken by the a steering committee has been established which Applicant to resolve tenure issues was to be done on comprises representatives from various families within 11 June 2010. On 10 June 2010, an application was On 10 August 2009, the Court ordered the removal the broader Nation group. lodged with the Court for an extension of time. and replacement of Applicants as authorised at a meeting in February 2010. QSNTS has twice met with the steering committee On 1 April 2010, a Notice of Change of Solicitors on 4 December 2009 and 11 February 2010. It is was filed. On 21 May 2010, QSNTS filed a Notice There have been meetings of Applicants held on intended that a further steering committee meeting of Change of Solicitor with the Court restoring 1 October 2009 and 19 June 2010. At the Directions be held in the 2010-2011 financial year. QSNTS as the legal representative for the Applicant. Hearing on 3 December 2009, the Court accepted that there was a need for further research with Wadja On 29 May 2010 the Applicants provided instructions respect to the overlapping claim situation. to QSNTS to deal with the order of the Court relating QSNTS received an anthropological research report to extinguishment. The contract for a connection report was sent to an that indicated the Wadja People were a separate anthropologist on 19 February 2010 and by 30 June pre-sovereignty society. The report indicates they The Court ordered that this task be performed by 2010, the contract remained unresolved. are a distinct land holding group to that of other land 30 July 2010. holding groups in the region and should therefore Djaku-nde & Jangerie Jangerie (DJJ) not be included in a broader regional claim. The Court also ordered that the NNTT conduct mediation with the local governments. A first At the directions hearing on 3 December 2009, the An information session was held by QSNTS with the meeting was held on 28 June 2010. Court accepted that the order made on 11 June 2009 Wadja community on 23 November 2009 to discuss to show cause with respect to the extinguishment the researcher’s findings. Wakka Wakka #2 was unnecessary as this claim was already lot specific. To resolve the dispute between DJJ and As a consequence of the above, a steering On 3 December 2009, the Wakka Wakka People Wakka Wakka, the Court ordered mediation to be committee has been established which comprises NTDA was dismissed for reasons relating to technical conducted by the NNTT. 12 representatives who are senior members of the deficiencies contained within the application. Wadja community. The formal mediation has been conducted by the The commissioned anthropological report was NNTT. There have been difficulties in negotiating a delivered to QSNTS in March 2010. contract with an anthropologist and therefore there were long delays in the completion of required Claim group meetings for the Wakka Wakka People submissions. As at 30 June 2010, this mediation have been held as follows; ; February was incomplete. 2010 information workshop, Mundubbera March 2010 claim group meeting, Eidsvold June 2010 Submissions were to be made to the Court on 8 July decision-making workshop. 2010 with respect to continuation of the mediation.

Port Curtis Coral Coast (PCCC) w w 33 34 The first Directions Hearing was held in Charleville #2 NTDA, a whole of country Wangan and Jagalingou South Central Region on 14 December 2009 with a follow up to be held claim remains in NNTT mediation, the last mediation in July 2010. conference was held on 13 July 2009. In response to court orders made by the Honourable Justice Dowsett on 12 June 2009, An anthropologist has been retained to provide a In November 2009, QSNTS had secured the Due to the passing of the sole Applicant, an QSNTS filed particulars on 16 November 2009, connection report. services of an anthropologist to prepare a connection authorisation meeting was held on 15 November on behalf of the Applicant, of the pre-sovereignty report for the claim. Work commenced 2009 in Mitchell to authorise a replacement society which addressed: QSNTS engaged with the Applicant in negotiations with in February 2010. Applicant. At that meeting, five representatives eight different local governments for the region. After a were authorised to comprise the Applicant in a) The nature and content of the laws and customs series of meetings, a draft ILUA was agreed upon. Throughout the financial year, QSNTS hosted an each of the two Gunggari claims. pursuant to which rights and interests in the claim Applicant meeting on 22 October 2010 in order area were held at the time of sovereignty; QSNTS has also been engaged with the Applicant in to progress the Bigambul People’s Native Title negotiating an ILUA with respect to “Black’s Palace”. Determination Application. b) The nature and content of the rights and interests held at the time of sovereignty pursuant to those QSNTS then advertised an authorisation meeting to laws and customs; and be held in Charleville on 29 April 2010. Objections (Barunggam// were received from a number of groups asserting Western Wakka Wakka) c) The relationship of the claim group to that rights and interests over the territory with reference pre-sovereign society. to both ILUAs. In September 2009, a preliminary anthropological report was completed analysing contemporary QSNTS provided a copy of an anthropological report As a result of the objections, QSNTS took the view Darling Downs society. completed in November 2009 to the Respondents that it could not certify or support the ILUA in view on 16 November 2009 in support of the claim. of the assertions of some other claim groups. QSNTS hosted two community meetings in December 2009 and May 2010 to discuss this A directions hearing was held on 3 December 2009 A connection report was received from the research and a potential native title claim over the in Rockhampton where the court ordered that each anthropologist and his summary was presented in Darling Downs region. No decisions were made at Respondent notify the Applicant of any request for person at the claim group meeting in Charleville on the meetings but rather the purpose of each meeting further and better particulars on or before 28 February 29 April 2010. was an information sharing exercise for those present. 2010. The State provided a request for further and better particulars on 26 February 2010. QSNTS briefed a QC to consider the connection Gunggari material and provide an opinion. The QC attended An authorisation meeting was held on 6 February at the office of QSNTS on 28 and 29 June 2010. An ILUA authorisation meeting was held in Dunkeld 2010, which was attended by 110 claimants. A s 66B in May 2008 where the Gunggari People authorised application to remove and replace the Applicants on As a result of being unable to convey advice to the the Applicant to enter into an ILUA with the State the native title application was filed with the Federal client, QSNTS could not continue to act. Accordingly, of Queensland. The Gunggari - State ILUA was Court and the Honourable Justice Collier handed a Notice of Ceasing to Act was sent by registered registered on 29 May 2009. down his decision on 28 May 2010. Collier J made mail to all of the Applicants. orders recognizing the new Applicant’s of the As a consequence of the registration of the ILUA, claim group. Meetings were held with the Applicants on 8 October the Gunggari #1 claim was discontinued on 2009, 18 February 2010, 24 March 2010 and 30 November 2009. The new Applicants have been involved in 28 June 2010. negotiations for a mining agreement. The first QSNTS assisted the Gunggari People to establish meeting was held in Bundaberg in March 2010 the Gunggari Aboriginal Property Association Inc, on behalf of the Wangan & Jagalingou People. Bigambul a body required for the purpose of administering On 4 June 2009, the Bigambul People’s Native Title the Gunggari – State ILUA. QSNTS lodged the Further research is being undertaken in relation to Determination Application was entered onto the application for incorporation of the Association with this claim. Native Title Register. the Department of Fair Trading on 18 May 2010 and the Association was officially registered on the 18th The notification period commenced on 29 July 2009 of June 2010. The Association awaits notification by and expired on 28 October 2009 with 61 respondent the State of a date when the land handover will take parties comprising of 6 Government, 3 Indigenous, 21 place in Dunkeld. Infrastructure, 23 Mining, 21 Pastoralist and 6 other. w w 35 36 QSNTS represented the Gunggari People at a The pathway involves the appointment of an Rockhampton to assist the anthropologist in directions hearing held in Charleville on 12 December anthropologist as an expert under section Order 34B gathering information. 2009 where the s 66B Notice of Motion was allowed The matter was before the Court on 5 July 2010, of the Federal Court Rules. The court expert will be a by the Court. when Justice Reeves ordered that the matter be person agreed between QSNTS and the State and There was some delay in completing the connection referred to the Registrar for supervision of the any other interested party who is willing to share the report as floods prevented access when the QSNTS provided a copy of a report prepared by process of the preparation and exchange of costs of engaging the expert. anthropologist was available to conduct interviews. the anthropologist with respect to the Gunggari pre- connection material. A Directions Hearing will be held in July 2010. sovereignty society to the State and other respondent The orders setting up the pathway will be agreed upon parties on 20 November 2009. QSNTS received a QSNTS engaged an anthropologist to prepare by QSNTS, the State and other respondent parties at Kunja brief response to that report on 21 December 2009 the connection report and research commenced in a Directions Hearing to be held in August 2010. from the State outlining some outstanding issues in December 2009. The researcher undertook an initial The Kunja claim is currently unregistered however relation to the connection material. field trip during May 2010, conducting interviews and Budjiti steps are being taken towards registration. meetings with claimants. A further field trip is planned In July 2009 the court made orders that the Budjiti At the 12 December directions hearing, the Court for July 2010. An information session was held in Cunnamulla People supply to the State and any other respondent ordered that the Applicant provide its connection and Bourke in February 2010. The contracted party requesting it, copies of its anthropological report to the State and other respondents by 30 April South West Region anthropologist and the NNTT attended. 2010. The order was later varied so that the time for report, draft historical report, linguistic report, lay statements of evidence and genealogical report. compliance was extended. Boonthamurra QSNTS is discussing with the anthropologist their availability to prepare a preliminary application report An ILUA meeting was held on 25 November 2009. The Budjiti People entered into negotiations with local QSNTS provided ongoing in-house research for a new claim. assistance to the Anthropologist engaged to government concerning an ILUA and in November In December 2009, QSNTS appeared before Justice 2009 QSNTS met with the persons comprising the prepare the final connection report which QSNTS As a matter of priority, QSNTS is organising the Dowsett at a Directions Hearing at which the matter Applicant for the Budjiti People to discuss the terms was to provide to the State by 30 July 2010. taking of witness statements from elderly members was listed for trial. of the proposed ILUA. of the claim group for preservation of evidence. The affidavits taken will also be used to inform the Further timetabling directions were made at a In March 2010, the court made orders concerning registration of the new claim. QSNTS is scheduled to Directions Hearing on 2 March 2010. pleadings and the exchange of evidence in In July 2009 the court made orders concerning the commence this process in the new reporting period. programming the matter for trial. conferring parties with a view to settling a timetable An Applicant meeting was held in Roma on 20 April for pleadings and the exchange of evidence leading A pre-authorisation meeting and an authorisation 2010 and two additional meetings were held as In April, May and June 2010, QSNTS met with the to a trial in the first half of 2011. meeting will be scheduled at the beginning of the part of a Trial cluster process. One was in Roma persons comprising the Applicant for the Budjiti new financial year. The new claim is also expected on 28 and 29 May and in Brisbane on 18 and People to discuss the process for trial. In August and October 2009 QSNTS met with the 19 June 2010. to be filed in the new financial year. persons comprising the Applicant for the Kooma In June 2010, the Applicant filed a notice of motion People to discuss their claim proceeding to trial. After discussion with the Applicant, it was determined seeking the leave of the court to discontinue the Mardigan that the claim was not in a position to proceed to trial claim. The State of Queensland has made an In February 2010, the court made orders timetabling or for adequate compliance to be achieved within the application for costs. Terms of reference were drafted and an anthropologist the filing and serving of various pleadings and timetable set. Instructions were received to withdraw engaged to prepare a report. Research also includes tentatively setting the matter down for hearing the matter with a view to re-filing the application. An anthropological research report is due to be a genealogical and connection report which will be in May 2011, for 4 weeks in Charleville. finalised in the first quarter of the 2010-2011 finalised in the next reporting period. The State was resistant to the notion of withdrawing financial year. In March 2010, the Kooma People were granted leave the claim only to have it re-filed in substantially In accordance with the terms of reference drafted, the by the court to file a notice of discontinuance and the the same form. The court was persuaded to the Kullilli consultant contracted in the preceding financial year court vacated the programming orders including the State’s view. continued preparation of a genealogical report. trial date. An anthropologist was contracted to prepare The State, through the Minister for Environment and the connection report. This began with a conference Ongoing in-house research assistance has been After 18 months of work, an anthropological research Resource Management, the Honourable Stephen of the Applicants, representatives of the State provided to the consultants engaged in this matter. connection report is due to be finalised in the first Robertson, proposed a pathway to allow the matter of Queensland, the anthropologist and QSNTS quarter of the 2010-2011 financial year. to go forward. legal personnel. A meeting of the Applicant was held in Brisbane on 22 February 2009. A series of meetings have been held during this year at Cherbourg, Ipswich, Woorabinda and w w 37 38 A corporation design workshop was facilitated by ORIC and attended by the Applicant in Roma on Wongkamurra and #1 & #2 3 and 4 April 2009. QSNTS is not providing legal representation for the A consultant anthropologist was engaged in Wongkamurra NTDA. December 2008 to finalise connection material A preliminary meeting with representatives of by November 2009. the Quilpie and Paroo Shire Councils regarding During the reporting period numerous correspondences negotiating a claims resolution ILUA with local have been forwarded to their legal representatives A Conference of Experts was held on 30 July 2009 government respondent parties was held in Quilpie for action. involving consultants engaged by QSNTS on both on 18 May 2009. Maiawali and Karuwali claims and the neighbouring In September 2009, QSNTS provided advice to Pitta Pitta claim. QSNTS appeared for the Applicant at the first the Wongkamurra lawyers relating to the engagement Directions Hearing which occurred in Charleville of anthropologists. An Applicant meeting was held 14-16 October 2009. on 23 July 2009. Internal research assistance has been provided to At a claim group meeting held in Winton on In December 2009 QSNTS appeared before Justice the Anthropologist engaged by the claim group to 28 November 2009 the members of the claim group Dowsett at a Directions Hearing at which the matter undertake research into connection material. accepted QSNTS’ recommendation that a joint was listed for trial. Maiawali/Karuwali was not supported by the available evidence. Further timetabling directions were made at a North West Region Directions Hearing on 2 March 2010. Kalkadoon #4 and Kalkadoon #5 The claim group appointed six people to be the new Applicant for a reconfigured claim for Maiawali. After discussion with the Applicant it was determined The Kalkadoon People # 4 NTDA was selected by that the claim was not in a position to proceed to trial Dowsett J to be case managed as a “pilot project” or for adequate compliance to be achieved within the at the Directions Hearing of 14 October 2008. Mitakoodi and Mayi and MItakoodi #2 timetable set. Instructions were received to withdraw Particulars of claim were drafted and provided along On 20-21 November 2009 QSNTS, pursuant to the matter with a view to re-filing the application. with supporting evidence to the State and other respondents on 27 February 2009. its dispute resolution function organised a meeting The State was resistant to the notion of withdrawing of the Mitakoodi and Mayi people. the claim only to have it re-filed in substantially In October 2009, the Kalkadoon People # 4 NTDA Justice Dowsett dismissed the application on the same form. The court was persuaded to the was set down for trial from 28 February 2011 to 29 8 December 2009. State’s view. April 2011 in Mt Isa. In April 2010, the Federal Court issued extensive programming Orders for the filing On 7 May 2010, a claim group meeting was held in The State, through the Minister for Environment and of evidence and expert reports. Mt Isa. The meeting, attended by approximately 90 Resource Management, the Honourable Stephen people, appointed a steering committee to assist Robertson proposed a pathway to allow the matter Further anthropological research has been QSNTS with the preparation of a fresh claim. to go forward. commissioned and is scheduled for completion in September 2010. Extensive lay evidence has been A consultant anthropologist is expected to commence That pathway involves the appointment of an prepared and was filed in the Federal Court in June work in the first half of the 2010/11 financial year. anthropologist as an expert under section under 2010 pursuant to the programming Orders. Applicant Order 34B of the Federal Court Rules. The court meetings were held on 21 Sep 2009, 17 Feb 2010, expert will be a person agreed between QSNTS and 17 March 2010 & 29 June 2010. Mitakoodi #3 the State and any other interested party who is willing On 20-21 November 2009 QSNTS, pursuant to its to share the costs of engaging the expert. Negotiations are taking place with Boulia Shire, Mt Isa dispute resolution function organised a meeting of Shire, Burke Shire and Cloncurry Shire Councils over the Mitakoodi and Mayi people. The orders setting up the pathway will be agreed a proposed local government ILUA. An authorisation upon by QSNTS, the State and other respondent meeting is scheduled for November 2010 to Justice Dowsett dismissed the application on parties at a Directions Hearing to be held in coincide with the expected finalisation of the expert 8 December 2009. August 2010. anthropological research. On 7 May 2010, a claim group meeting was held in The process of implementing the pathway is Mt Isa. The meeting, attended by approximately proceeding and it is hoped that the selection of the court expert will be formalised in the very near future. w w 39 40 90 people, appointed a steering committee to assist QSNTS with the preparation of a fresh claim. Pitta Pitta Bularnu Waluwarra & Wangkayujuru People On 28 May 2010, the State of Queensland The claim was referred to the NNTT for mediation A consultant anthropologist is expected to commence advised that the anthropological material prepared on 19 November 2001 and currently remains in work in the first half of the 2010/11 financial year. on behalf of the Bularnu, Waluwarra & Wangkayujuru mediation. People provides sufficient evidence for the State to enter into substantive negotiations towards a Mitakoodi and Mayi #4 A consultant researcher was engaged to finalise consent determination. On 20-21 November 2009, QSNTS, pursuant to its the Pitta Pitta connection material and a report was finalised in October 2009. The connection material dispute resolution function organised a meeting of A draft consent determination has been circulated was delivered to the State on 30 October 2009 and the Mitakoodi and Mayi people. to the parties for their comment. the State provided a response on 30 April 2010. Justice Dowsett dismissed the application on ILUA negotiations are continuing with local The NNTT requested to convene a meeting between 8 December 2009. governments and with various pastoral interests. the Applicant and the State to discuss the matters outlined in the State’s response and to develop On 7 May 2010 a claim group meeting was held in Applicant meetings were held on 19 February 2010 a timetable to resolve any outstanding issues. Mt Isa. The meeting, attended by approximately and 30 March 2010. 90 people, appointed a steering committee to assist A meeting for this purpose is scheduled for QSNTS with the preparation of a fresh claim. 14 July 2010. QSNTS facilitated assistance for the Bularnu, Waluwarra & Wangkayujuru People to establish A meeting of the Pitta Pitta People was held A consultant anthropologist is expected to commence a prescribed body corporate. A workshop was in October 2009 to authorise and replace two work before the end of the year. conducted by ORIC on 26 - 27 May 2010. Applicants under section 66B of the NTA. However, Mithaka due to internal disagreement with the outcome of that meeting, it was necessary to hold another Yulluna In August and December 2009 QSNTS met authorisation meeting in June 2010. QSNTS engaged a consultant anthropologist in with the persons comprising the Applicant for January 2009 to prepare an anthropological report. the Mithaka People to discuss various matters The latter meeting was held at Boulia where those relating to their claim. members of the Pitta Pitta People present authorised On 9 June 2009, the Federal Court ordered that the replacement of two Applicants and added a the Applicant file and serve particulars of a pre- In March 2010 the court made orders concerning third to bring the total number of authorised sovereignty society, its laws and customs and as to pleadings and the exchange of evidence in Applicants to six. the connection between that society and the present programming the matter for trial. claim group. In response to the resolutions passed by the claim In March, April and May 2010 QSNTS met with group, a Notice of Motion to amend the Pitta Pitta The first stage of the anthropological report focused the persons comprising the Applicant for the claim pursuant to sections 62 and 66B was prepared on the claim group description and was provided to Mithaka People to discuss the process for trial. by QSNTS. The Notice of Motion was scheduled to QSNTS on 18 September 2009. be heard on 12 July 2010 at Mt Isa. In June 2010, the Applicant filed a notice of motion QSNTS convened an Applicant meeting on seeking the leave of the court to discontinue the Negotiations over a proposed local government 3 October 2009 to discuss the research claim. The State of Queensland has made an ILUA were concluded with Boulia Shire, Diamantina recommendations. application for costs. Shire and Cloncurry Shire Councils in March 2010, whereby the parties developed a timetable to On 8 October and 14 October particulars were filed An anthropological research report is due to be progress the ILUA to authorisation. The authorisation in accordance with the 9 June 2009 order. finalised in the first quarter of the 2010-2011 was scheduled to take place at the June meeting financial year and it is intended by QSNTS to focus held at Boulia, but this did not occur due to the On 15 November 2009 an authorisation meeting on the taking of witness statements from the Mithaka replacement of an Applicant at the meeting. was convened by QSNTS to authorise a new People in the next financial year. claim for Yulluna that is consistent with the current research recommendations.

w w 41 42 QSNTS engaged a consultant anthropologist to In default of compliance with this order, the of the local government and QSNTS between prepare an application report which was completed People #2 & Butchulla Land application stands dismissed. The order was September 2009 and May 2010. in March 2010. & Sea Claim #2 complied with. An anthropologist was engaged to produce an The last directions hearing in the Butchulla claims anthropological report in two phases – a pre- Pursuant to the Court Orders of 8 December 2009, were held in Rockhampton before the Honourable Trial of these proceedings will occur on dates to sovereignty report and a continuity report. Two both the Yulluna #1 and #2 claims were dismissed Justice Dowsett on 3 December 2009. On that date, be fixed in early 2011. consultants were also retained to produce a historical on 30 April 2009. Orders were made by His Honour that each matter A consultant was retained by QSNTS to undertake report and archaeological report respectively. be adjourned to the next directions hearing for The newly authorised Yulluna NTDA was filed on the anthropological research required for the above further review. 1 June 2010 and the Application Report was provided tasks, and to prepare an Application Report. Field trips and meetings occurred with QSNTS, the Applicants and the anthropologist on 5-6 August, to the NNTT prior to the application of the registration On 18 May 2010, the Applicant filed a notice of In compliance with those orders, QSNTS on 16-17 October, 7-9 November and 14 December test. The NNTT advised QSNTS that it would deliver motion with supporting affidavit material in each new 19 March 2010 on behalf of the Applicants filed on various locations within the claim area, particularly its registration test decision on 16 July 2010. Butchulla matter to amend the claim pursuant to the and served upon the States of Queensland and in Toogoolawah. Federal Court Rules (O 13 r 2). At the hearing of each New South Wales particulars of the pre-sovereignty South East Region motion on 27 May 2010, leave was granted to amend society and a motion to amend the claim with an At the directions hearing on 15 September 2009, each application in the form of the relevant annexure affidavit annexing the relevant amended application QSNTS appeared for the Applicants before Justice Butchulla and Butchulla Land and Sea in the affidavits filed on 18 May and the Applicants together with the application report. Spender. The matter was referred for further review were ordered to amend the applications in the form At the regional directions hearings on 11 June and directions to early March 2010. ordered within seven (7) days. 2009 in Rockhampton, the Honourable Justice At the hearing of the motion on 13 May 2010, Justice Dowsett ordered that the Applicant show cause Dowsett granted leave to amend the claim in the On 26 February 2010, connection material for In compliance with the Orders of 27 May 2010, the on 3 December 2009 why the application should terms proposed with the claim filed simultaneously the Jinibara People was delivered to the State Applicant filed and served an amended application not be struck out. with the Court. of Queensland. in each matter on 3 June 2010.

In compliance, QSNTS filed submissions in November QSNTS has been notified by the NNTT that it On 2 March 2010, instructions were obtained from On 30 June 2010, QSNTS received advice from the 2009 seeking an order from the Court to stay the anticipates to make a decision regarding registration the Applicants. The Applicants directed QSNTS NNTT to the effect that the Delegate of the National proceedings until the application of the registration of the claim by 30 September 2010. to prepare appropriate amendments to the Jinibara Native Title Tribunal Registrar had made a decision test by the Delegate of the National Native Title claim to amend the boundary to accord with the to accept each Butchulla claim for registration. Tribunal Registrar had been completed. At the Jagera recommendations from the anthropological report directions on 3 December 2009, the Court made an and in the process remove the overlaps with the QSNTS has been notified by the NNTT that both order that the claim would stand dismissed with effect A contract to conduct Stage 1 research was executed QUD6196/1998 People’s claim. claims have been placed on the Register of Native on or after 31 March 2010. on 17 March 2009, and a finalised report due on Title Claims as of 30 June 2010. 31 October 2010. QSNTS again appeared on behalf of the Applicants On 3 February 2010, QSNTS filed an application with before Justice Spender on 5 March 2010, where the Court seeking leave to withdraw the proceedings Gold Coast The Jagera Applicant is privately represented by orders to amend the claim to remove the overlaps by consent. Leave to discontinue the proceedings external lawyers. QSNTS has provided funding At the directions hearings held on 3 August 2009 with the Turrbal People’s claim were made by His was granted by the Court on 9 February 2010 with assistance with respect to research needed to Justice Dowsett ordered that: Honour including that all Respondents particularise each party ordered to bear their own costs. assist the Applicant to comply with orders of the to the Applicant, the interests they had in the claim (a) On or before 19 March 2010 the Applicant Federal Court. area that they wished to protect in any determination Butchulla Land & Sea Claim files and serves particulars of the alleged on or by 25 June 2010. As of 30 June 2010, final research was pending On 9 February 2010, QSNTS filed an application pre-sovereignty society. and legal representation transfer to QSNTS is yet On 28 June 2010, an affidavit affirmed by a QSNTS NOTE with the Court seeking leave to discontinue the to be finalised. employee was filed with the Court outlining the proceedings. At the hearing of the motion on (b) On or before 4pm on 19 March 2010, the compliance by the Respondents with the Orders 15 February 2010, leave was granted to Applicant apply for leave to amend the application of 5 March. discontinue the whole proceedings. and serve same in accordance with Order 78 rule Jinibara 10(4) of the Federal Court Rules so as to enable Local government ILUA negotiations are ongoing. the application to be resubmitted for application On 29 June 2010, QSNTS again appeared at On 19 August 2009, a meeting was held at QSNTS of the registration test. the directions hearing before Justice Spender. The between representatives from the various local matter was adjourned for further directions before governments and the Applicants. Two further ILUA (c) The application was amended and submitted the new judge for this matter at a date to be fixed, meetings occurred between legal representatives for registration. w w 43 44 and the matter of the claims as to being Nalbo clan A comprehensive mediation program has been filed QSNTS prepared and filed the Statement of Claim on membership was referred to case management with the Court every month since March to update the behalf of the Applicant in August 2009. Counsel was before Deputy District Registrar Fewings. Court on the progress of negotiations and mediation/ briefed to appear on behalf of the Applicant at the bilateral discussions not only with the State but with next directions hearing on 19 October 2009 where Sunshine Coast Region (Kabi Kabi) other respondents which are occurring almost every the Court listed the matter for trial in October 2010. week between the parties. A research project continues. The Regional Historical Counsel was briefed to appear at the next directions Report for the region was completed by early Meetings with the Quandamooka Family hearing on 24 February 2010, where all parties November 2009. A search for a suitable senior Representatives Steering Committee and QSNTS confirmed that a date in October 2010 was suitable anthropologist ensued and a contract for a 3-stage have also occurred almost monthly. The steering for a 4 week hearing. anthropological report project was entered into on committee also participated in mediation on a regular 30 June 2010. This project is due to be complete basis in accordance with the timetable lodged with On 8 May 2010, a claim group meeting was held at by early April 2011, with a review of the evidence the Court. Cherrabah where internal divisions within the claim anticipated around May 2011 to determine whether group became evident. On 24 May 2010, a Notice the research supports the proper formulation of a Yugembeh/Mununjali of Motion to vacate the hearing dates was filed by claim or a number of claims over the area/region. QSNTS on behalf of the Applicant. QSNTS has been involved in meetings with various Turrbal members of the Yugembeh, Mununjali and Ugarapul The Notice of Motion was heard on 26 May 2010 groups in relation to their interests in the Border and the application to vacate the hearing dates The Turrbal Applicants are represented by Ranges region. was adjourned. external lawyers. On 20 February 2010, a community meeting A further directions hearing was held on 18 June 2010. QSNTS commissioned an anthropological report in was convened by QSNTS in Beaudesert and a the 2009-2010 year to investigate and determine resolution was passed by community members in whether there were other Turrbal native title holders. attendance giving directions to QSNTS to proceed Kamileroi A report was completed by an anthropologist to commencing research on the range of traditional QSNTS is not actively representing Kamileroi but by October 2009 and forwarded to the Turrbal owner interests in the area. A number of discrete maintains a watching brief for any developments Applicants in December 2009. meetings and teleconferences have occurred which may require action. Research material will be between March and June 2010 involving QSNTS collected and referred in order to provide an update QSNTS represents an indigenous respondent in and members of family groups with Mununjali and on developments. the action. Ugarapul interests.

Quandamooka A mediation conference was also facilitated by QSNTS in May-June 2010 between a Mununjali Substantive negotiations and discussions in mediation traditional owner, and the Githabul Applicant in an with the National Native Title Tribunal continue with attempt to resolve intra-indigenous interests over the Quandamooka claims. the Mt Lindesay claim area.

On 2 March 2010, the State of Queensland made Research meetings have occurred with members of concessions in Court that it was satisfied with the a number of Mununjali, Ugarapul, Migunburri families evidence in relation to sections 223(1)(a) and 223(1) in the first quarter of the 2010/2011 and will continue (b) within the claim area except for the bay islands throughout 2010/2011 financial year. and the bora ground in Cleveland. Githabul #2 Both the State and the Applicant are committed to negotiating and executing an Indigenous Land Use QSNTS represented the Githabul People in Agreement within a twelve month period with mediation conferences with the State during the first a consent determination of these matters anticipated half of 2009. However, the matter was taken out by 31 March 2011 and the registration of associated of mediation by the Court on 3 July 2009, and the ILUA’s approximately 6 months thereafter. Applicant was ordered to file and serve a Statement of Claim. w w 45 46 TARGETS/OUTCOMES TABLE TURBALL Post Land Summit Follow up Research completed FOR NATIVE TITLE CLAIMS QUANDAMOOKA

Targets Outcomes and Progress Directions Hearings Directions Hearings held on 2 March, 9 April and 5 May 2010 SOUTH EAST REGION Preservation of Evidence Section 47B Affidavits taken in April BUTCHULLA INCLUDES BUTCHULLA LAND AND SEA

Applicant Meeting (2) Meeting held 12 July 2010 Research N/A

Historical report (Dr Fiona Skyring) - commenced in October 2010, completed in December YUGEMBEH/MUNUNJALI Connection Report 2010; Connection report (Lee Sackett) – due to commence in November 2010 with a Research Internal research ongoing completion date in May 2011

GITHABUL Dispute Resolution (Githabul) Awaiting outcome of research Numerous meetings with Applicant held, 3 affidavits taken and filed from claim group. Resources Authorisation meeting held 8 May 2010 GOLD COAST

Regional Research Application report completed JAGERA/UGURAPUL

Finalisation of Ongoing, due September 2010 Stage 1 Research JINIBURRA (QUD6128/98)

ILUA Negotiation and Local Government ILUA meeting - 20 April 2010 Authorisation

Applicant Meeting x 2 Completed - 17 May 2010 and 28 June 2010

Overlap resolved - Jinibara claim amended to reduce boundary & remove overlap on Overlap Mediation (Turrbal) 1 June 2010 KABI KABI (Sunshine Coast) Anthropological and Historical report – completed in November 2009; Connection report - Dr Tony Redmond Historical Overview contracted in June 2010

Community Consultation Ongoing with a family meeting conducted in June 2010

Law and Custom Workshop Community Meeting held in September 2010

Authorisation Meeting Meeting held in December 2010

w w 47 48 TARGETS OUTCOMES AND PROGRESS TARGETS OUTCOMES AND PROGRESS SOUTH CENTRAL REGION SOUTH WEST REGION BIDJARA BOONTHAMURRA Historical Report - Fiona Skyring began research in June 2010 and is due to report back Meeting held 25 November 2009. Applicant Meeting held in Roma on 20 April 2010. Two Research in August 2010 Local Government Meeting (3) additional meetings were held as part of a Trial Cluster process (Roma 28/29 May and ILUA Negotiations and Brisbane 18/19 June) Occurred - QSNTS unable to certify Authorisation Preservation of Evidence Ongoing Applicant Meeting Meetings held 8 October 2009, 18 February 2010, 24 March 2010 and 28 June 2010 Anthropologist Report - Michael Southon began research contract in Jan 2010 and is due to Research - Historical Report Dispute Resolution (Gungarri) Gungerri unprepared to meet report back in Jan 2011. Michael Southon provided a draft Stage 1 report on 21 May 2010 Overlap Mediation (Karingbal) Karingbal unprepared to meet BUDJITI BIGAMBUL Preservation of Evidence Did not occur PBC Workshop Not attended to this financial year due to inter-Applicant issues Applicant/ILUA Meeting (4) Meeting held 25-26 November 2009 Was due to be finalised by October 2010 however delays were caused by the ill health NTSCORP Meeting Anthropologist and researchers to meet in Sydney July 2010 Finalising Connection Material of the Anthropologist ILUA Negotiation Not required by 30 June and Authorisation KULLILLI Applicant Meeting Completed 22 October 2009 ILUA Negotiations Waiting for connection report to be finalised Anthropologist with regional knowledge not available this financial year. Draft report and Authorisation Start Connection Report due December 2010 Stage 1 Connection Report Report to be finalised late 2010 DARLING DOWNS (Barunggam/Jarowair/Western Wakka Wakka) Applicant Meeting (2) Meetings held 9 November 2009, 20 April 2010 and 20 May 2010 Authorisation Meeting See below KUNJA Community meeting held 8 May 2010 in Toowoomba to discuss and ascertain views about Application Report Peter Blackwood provided a preliminary report in January 2010. Applicant Meeting a potential regional claim. Community consensus that further meetings to occur before 2 community meetings held - one in Cunnamulla on 22 February 2010 and one in Bourke Community Meeting (4) any lodgment on 24 February 2010. No other meetings planned until research is finalised GUNGARRI Authorization Meeting Additional research required. Authorisation meeting postponed until 2011 Delays caused by difficulties in accessing genealogical information. Final draft completed Research MARDIGAN 30 June 2010 Preservation of Evidence Not completed in this financial year Authorisation Meeting Meeting held on 15 November 2009 Applicant Meeting held in Roma on 20 May 2010. Two additional meetings were held as Applicant/ILUA Meeting (4) Dispute Resolution (Bidjara) Awaiting completion of respective connection reports part of the Trial Cluster process (Roma 28/29 May 2010 and Brisbane 18/19 June 2010) Kevin Murphy began research contract in January 2010 and is due to report back in KOOMA Further Connection Material Draft completed in December 2009, final version delayed due to gaps identified in the January 2011 Research draft, genealogical information and access to clients suffering from medical condition; WONGKAMURRA connection report due to be completed early July 2010 Stage 1 Research Yet to be finalised Meetings held 25 August 2009 and 4 October 2009; meeting held with Applicants in April; Community Meeting community meeting not held due to floods and ill health of Applicant Preservation of Evidence Preliminary drafts developed by N Jarro Claim group meeting yet to be held; proceedings discontinued on written instructions Authorization Meeting of Applicants MANDANDANJI Preservation of Evidence Preservation of evidence not completed in this financial year Consultant anthropologist engaged and draft anthropology report due in third quarter of next Research financial year No Applicant meeting held - will need to hold meeting(s) following the completion of draft Applicant Meeting (2) anthropology report due in third quarter of next financial year w w 49 50 TARGETS OUTCOMES AND PROGRESS SBK YETIMARLA NORTH EAST REGION Anthropologist Workshop Regional research planned once QSNTS has carriage of Barada Barna claim Applicant Meeting (2) Meetings held 5 February 2010 and 14 April 2010 BARADA BARNA Authorisation Meeting Regional research planned once QSNTS has carriage of Barada Barna claim Applicant Meeting (2) Did not represent in 2009/10 Application Report Regional research planned once QSNTS has carriage of Barada Barna claim Did not represent in 2009/10 Stage 1 of Connection Report WAKKA WAKKA 2 Anthropologist Workshop Did not represent in 2009/10 Preservation of Evidence Incomplete - resume January 2011 BELYANDO/DAWSON RIVER Applicant Meeting (2) Completed - Claim group and Applicants meetings held in March and June 2010 Applicant Meeting (3) Meetings held 4 September 2009, 4 December 2009 and 11 February 2010 Information Session Completetd February 2010 Not completed in this financial year Authorisation Meetings (up to 3) Incomplete - pre-authorsation scheduled for September 2010 and authorisation Authorisation Meeting Stage 1 Research Stage 1 research report completed for October 2010 DARUMBAL Overlap Mediation (Wulli Wulli, DJJ) Partially completed - further mediation scheduled for August/September 2010 Preservation of Evidence Not completed in this financial year Overlap Mediation (Iman 2) Completed Applicant Meeting (2) Applicant and claim group meeting held June 2010 Anthropologist Workshop Completed Information Workshop Completed - October 2009 Stage 2 of Connection Report Completed Authorisation Meeting Not completed WULLI WULLI Supplementary Connection Report Due 31 October 2011 Applicant Meeting (2) Held 1 October 2009 and 19 June 2010 Anthropologist Workshop Completed 28 September 2009 Authorisation Meeting Delayed pending DJJ/Wakka Wakka resolution IMAN 2 Further Research Negotiating contract terms with Anthropologist Overlap Mediation (Wakka Wakka) Awaiting research Preservation of Evidence Not completed in this financial year Applicant Meeting (2) Claim group and Applicant meetings held on 21 May 2010 Information Workshop Completed October 2009 Authorisation Meeting Pre-authorisation scheduled for October 2010 and authorisation for November 2010 Connection Report Completed Anthropologist Workshop Completed Overlap Mediation (Wakka Wakka) Completed KARINGBAL Preservation of Evidence Not completed this financial year

Applicant Meeting (2) Met with Applicants individually on 26 & 27 February 2010 and 24 May 2010

Information Session Completed 13 November 2009 Information session referred to above occurred in lieu of authorisation meeting - Authorisation Meeting insufficient evidence to proceed to authorisation at that stage Anthropologists Workshop Completed 30 November 2009 Overlap Mediation (Bidjara) Did not occur in this financial year Stage 2 of Connection Report Not completed in this financial year PCCC Applicant Meeting (2) Meetings held 29 May 2010 and 28 June 2010 Stage 1 of Connection Report Completed in December 2009

w w 51 52 TARGETS OUTCOMES AND PROGRESS MITHAKA NORTH WEST REGION Applicant Meeting x 2 Meetings held in August and December 2009, and March, May and June 2010 Being gathered by Anthropologist - draft anthropology report due to be provided Supplementary Connection Material INDJILANDJI in first quarter of next financial year Applicants Meetings x 2 Do not hold instructions for this group ORIC Workshop Deferred to first quarter of financial year due to internal dispute amongst Applicants INDJILANDJI/DITHANOI PITTA PITTA PEOPLE Anthropological Review Do not hold instructions for this group Applicants Meetings (2) Meetings held November 2009 and May 2010 KALKADOON 4 Authorisation Meeting Meetings held October 2009 and June 2010 Awaiting final assent from Councils, then notify/hold authorisation meeting in late WULWARRA ILUA Negotiations and Authorisation August 2010 Research Connection completed Applicant Meeting (2) Meetings held September 2009 and April, May and June 2010 Legal Assistance Completed Connection Research Research commenced, progress reports received, final report due 31 August 2010 YULLUNA PEOPLE 1 & 2 Overlap Mediation MAIAWALI/KARUWALI 1 & 2 Mitakoodi 3 dismissed on 8 December 2009 Cancelled due to research findings. New claim requires additional research and (Mitakoodi 3, Yullana 2) ILUA Negotiations and Authorisation will be filed in July 2010 Claimant Meeting Completed 4 October 2009 Applicant Meeting (2) Meeting held 14-16 October 2009 Authorisation Meeting Meeting held 14-15 November 2009 Authorisation Meeting Meeting held 28 November 2009 Stage 1 research report completed. Draft of Application Report provided in Research MITAKOODI 1, 2, 3 & 4 March 2010 Applicant Meeting (2) Did not represent for majority of 2009/10 ILUA Negotiations and Authorisation Did not represent for majority of 2009/10 Overlap Mediation Did not represent for majority of 2009/10 (Mitakoodi 3, Yullana 2) Overlap Mediation Did not represent for majority of 2009/10 (Mitakoodi 4, Kalkadoon 4)

w w 53 54 FINANCIAL REPORT QSNTS Budget Comparison FUTURE ACTS 2009-2010 2008-2009 2007-2008 The 2009/10 reporting period has seen total budget A future act is a proposed activity that may affect increase by 11% as a result of an increase in funding Total native title such as mining, exploration and compulsory from FaHCSIA. This increase was directed towards 10,798,690 9,273,608 4,144,253 acquisition, tourism and development. a number of claims involved in litigation and a large Budget capital injection. As in previous years individual Under s 203BG, QSNTS is required to fulfil budget and performance variances are predominately notification functions. The notification function caused by research deadlines not being met and the DISCUSSION AND ANALYSIS OF FINANCIAL seeks to ensure that as far as reasonably practicable, resulting authorisation timetables being pushed out. PERFORMANCE AGAINST BUDGET notices that are received by QSNTS that relate to the land and waters wholly or partly within the area We have continued our partnership with the we represent are brought to the attention of native Queensland State Government Capacity TOTAL BUDGET 2009/2010 10,798,690 title holders or people who may hold native title and Development Program. Our fee for service income to advise them of relevant time limits to respond. from future act matters has decreased due to reprioritisation in favour of claim work. Future Act OPERATIONAL EXPENDITURE 5,649,983 For the reporting period QSNTS executed its representation is an important area that we intend 2009/2010 notification function 1696 times. to concentrate on in the next reporting period. CORPORATE EXPENDITURE 2,775,385 Section 24 Notifications A deficit was reported in the period due to the ‘cash’ 2009/2010 nature of Government funding which does not provide For the reporting period, QSNTS received a total of 1696 section 24 notifications. This is a 26% for items such as depreciation and provisions for COMMITMENTS 1,832,559* leave entitlements. These are provided for through 2010/11 increase from the amount received for the 2008/2009 our Equity position and special requests for funding financial year. can be made when they are realised. As QSNTS VARIANCE 540,763 has now been operating for 5 years a provision for Long Service Leave was brought to account, and a Comparison of Section 24 donation of Land and Buildings (Mt Isa office) was * Awaiting FaHCSIA approval Notifications received also recognised.

2008-09 – 1340 notifications received 2009-10 – 1696 notifications received w w 55 56 Section 29 Notifications 3. Agreement Making Activities such as mining, petroleum exploration and compulsory acquisition of land are sent by the government on behalf of non-government parties such as mining companies under s 29 of the NTA. Negotiations Negotiations Negotiations Active Tenements

For the reporting period QSNTS received 441 section 29 notifications. Commenced Finalised Negotiations Abandoned Authority to Prospect (ATP) 0 2 10 0 1. Notifications Generally Exploration Permit (EPM and EPC) 52 21 25 1 Mining Lease (ML) 4 1 5 0

Tenement Type Total Number Number of Notices Type Other 1 2 0 0 of Notices (Groups represented Total 57 26 40 1 Received by QSNTS) EP RTN *Negotiations finalised means terms negotiated and draft agreement completed Authority To Prospect (ATP / EPP) 23 0 0 23 **Agreements finalised means ancillary agreement executed by native title party Exploration Permit for Coal (EPC) 106 7 106 0 ***As at current date. Exploration Permit for Minerals (EPM) 264 137 262 2 Mineral Development Lease (MDL) 6 4 5 1 Mining Lease (ML) 20 3 0 20 4. ILUA Certification Petroleum Lease (PL) 20 0 0 20 In the financial year 1 July 2009 to 30 June 2010, QSNTS completed 7 certificates relating to applications to register pipeline ILUAs within the QSNTS service area. Sales Permit (SP) 2 0 0 2 Total 441 151 373 68

2. Objection Applications Objection Application Status Number of Applications

Objection Lodged 110 Active Objection Applications 85 Finalised Objection Applications 77 Finalised Objection 47 Withdrawn – Agreement Finalised Objection Withdrawn – 27 No Agreement (NTPCs) Finalised Objection Dismissed 3

w w 57 58 ORGANISATION GOVERNANCE PLANNING AND REPORTING

QSNTS maintained its governance arrangement QSNTS reviews its performance against the CORPORATE REPORT with a Board of Directors chaired by Ezio Senatore Operational Plan every four months, reporting to throughout the reporting period. The CEO, CFO FaHCSIA tri-annually. Case Management Teams and PLO were appointed and arrangements hold monthly meetings to review their claims and for governance commenced in 2009 – 2010 budgets to determine if the milestones will be financial year. reached for their claim group.

Our performance is especially monitored by the progression of NTDAs by the Federal Court. QSNTS ORGANISATION MANAGEMENT is tied to a tight schedule set by the Court and reviews this schedule as often as required to At the end of the reporting period, the CEO, CFO ensure these timelines are met. and PLO were appointed and Executive Team is listed below.

• Kevin Smith (CEO) RISK MANAGEMENT

• Shaz Rind (PLO) QSNTS adheres to approved policies and procedures in its management and use of resources. QSNTS • Paul Davies (CFO) consistently applies the Travel Allowance policy and recovers any overpayments. Wherever possible, the Executive Team meets weekly. QSNTS is rigorous in the storage and safe keeping of The Executive would like to thank Colin Hardie (A/ research materials and intellectual property belonging PLO) for his contribution and assistance during his to the claimants. The TRIM records management tenure. Colin’s contract ended on 30 June 2010. system was implemented and training for all staff

Left to right: Paul Davies (CFO), Kevin Smith (CEO), Shaz Rind (PLO). w 59 60 commenced. This system will provide a clean and safe electronic record of all documents generated and received by and for QSNTS. A TRIM administrator was recruited in the financial year. HUMAN RESOURCES A code of conduct is applied to all staff and claimants and every effort is made to provide a safe environment for both the workplace and for all staff travel and attendance at meetings. REPORT QSNTS is strongly committed to the effective, systematic management of Workplace Health and Safety. REMUNERATION OF STAFF

The remuneration of all staff is set out in the Enterprise Agreement. The salary scales and levels are based on the NTRB Salary Review undertaken by FaHCSIA. EXTERNAL SCRUTINY

QSNTS has received a number of ministerial queries for the reporting period, all of which have been responded to. JUDICIAL DECISIONS AND DECISIONS OF ADMINISTRATIVE TRIBUNALS There have been no judicial decisions or decisions of the Administrative Appeals Tribunal for the reporting period. EVALUATION AND/OR AUDIT REPORTS An annual audit was undertaken by Di Bartolo Diamond & Mihailaros and is appended to this annual report. OTHER EXTERNAL REVIEW No external review was undertaken into the affairs or operations of QSNTS in the reporting period.

Staff at NAIDOC Day, Musgrave Park July 2009 w 61 62 • Fire Safety Advisor

Management of • TRIM Conference Human Resources • Capacity Development Workforce planning, staff turnover • Native Title Law and Policy and retention • Advocacy Conference • Litigation Seminar QSNTS continued to grow with staffing numbers increasing from 38 to 44 with the most significant • NTRB/SP Media & Communication Workshop increase occurring in our legal team. Our staffing level is unlikely to change dramatically as the review of As part of attaining their practicing certificates claims is now complete and the task of progressing QSNTS lawyers are required to attend compulsory the claims is underway. professional development.

Staffing As part of our staff training and development strategy, QSNTS provided information workshops or specific During the reporting period, nine permanent staff training that supported employees, in turn assisting members resigned. them to work more effectively and sustainably. Staff Team Building – August 2009 Workforce Data Training programs included sessions on IT, personal development and native title legislation. Human Resources Officer Date Total Indigenous Non- Male Female Indigenous Sadly, Maurice Serico resigned due to ill health on Staff Workplace Health and Safety 12 February 2010. Maurice joined QSNTS as the 30 HR officer in September 2007 and brought with him 16 22 12 26 Workplace Health and Safety is paramount at June 38 a wealth of experience. Maurice had previously (42%) (58%) (42%) (58%) QSNTS. As outlined in the QSNTS Enterprise 2009 Agreement 2009-2011, QSNTS recognises the worked at the Aboriginal and Torres Strait Islander Health Service in Brisbane. 30 importance of the health and safety of all employees 15 29 18 26 June 44 and has adopted a healthy living program. Andrew McGill was appointed as Maurice’s (35%) (65%) (41%) (59%) 2010 replacement on 4 May 2010. During the financial year 2009-2010, only one incident was recorded. As a result of the incident, Impact and Features of Enterprise Agreement Training and development undertaken and relevant recommendations were made and its impact appropriate mechanisms were introduced in The new Agreement has been negotiated and is order to reduce risk of a reoccurrence. now in practice. This agreement expires in 2011 Queensland South Native Title Services places and negotiations will commence in the new financial Chantal Nagas Corporate Section great emphasis on opportunities for training and QSNTS’ Human Resources officer, Maurice Serico, year for a new agreement. development throughout the 2009-2010 year. This completed the Fire Safety Advisor course as required included, professional development through the under the Building Fire Safety Regulation 2008. The Conditions are based on those in the Social and Aurora Program. Other training and development Fire Safety Advisor has a responsibility to: Community Services Award. undertaken throughout the reporting period was: • be familiar with all aspects of building fire safety; • Negotiation Skills Occupational Health and safety performances • provide advice to management to ensure that Training and establishment of Workplace Health and • National Indigenous Legal Conference appropriate emergency planning has been Safety Officer completed. • Team Building undertaken; and

• Human Resources • provide advice to management to ensure that • Chief Financial Officer Conference appropriate instruction is carried out at the prescribed times and intervals. • Adobe InDesign Paulette Dupuy Lawyer w w 63 64 CONSULTANTS COMPETITIVE TENDERING AND For the reporting period, QSNTS spent a total CONTRACTING PRACTICES of $3,068,262.48 on consultants, of which QSNTS complied with competitive tendering $262,686.78 were travel expenses. A total of 53 CONSULTANTS requirements and maintained a Register consultants were contracted to do a range of work of Consultants. for QSNTS, for example providing legal opinion, expert anthropology, project management and general & COMPETITIVE information technology services. Legal- $805,748.63 Anthropological- $1,673,305.55 TENDERING & Corporate- $326,521.52 Consultant Expenditure (excludes travel expenses) CONTRACTING Legal Consultants Anthropological Consultants Corporate Consultants

CEO and Consultants. From left: Robyn O’Connor (Knowledge Management Consultant), Liz Mellish (Project Management Consultant) and Kevin Smith w 65 66 FINANCIAL STATEMENTS TABLE OF CONTENTS Directors’ Report...... 69 Auditor’s Independence Declaration...... 71 Financial Report • Statement of Comprehensive Income...... 72 • Statement of Financial Position...... 73 • Statement of Change in Equity...... 74 • Statement of Cash Flows...... 75 • Notes to the Financial Statements...... 76 Directors’ Declaration...... 86 Independent Audit Report...... 87 Auditor’s Disclaimer of Additional Information...... 88 Additional Information...... 90

w 67 68 DIRECTORS’ REPORT Likely Developments The company expects to maintain the present status and level of operations and hence there are no likely QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED developments in the company’s operations. ABN 88 114 581 556 Environmental Issues The company’s operations are not regulated by any significant environmental regulation under a law of the Your directors present their report on the company for the financial year ended 30 June 2010. Commonwealth or of a State or Territory. Directors Dividends Paid or Recommended The names of the directors in office at any time during or since the end of the financial year are: Under the Constitution no dividends are payable to members of the organization. Ezio Marco Senatore Chartered Accountant Stephen David Richard Brennan Chartered Accountant Meetings of Directors Mamun Faiz Rashid Chartered Accountant There were 4 meetings of the Board of Directors held during the year. Ezio Marco Senatore and Stephen David Richard Brennan were present at all meetings. Mamun Faiz Rashid did not attend any Directors meetings during Directors have been in office since the start of the financial year to the date of this report unless otherwise stated. the year. Operating Results Indemnification of Officer or Auditor The loss for the financial year was $174,427 (2009 profit $572,340). No indemnities have been given or insurance premiums paid, during or since the end of the financial year, for any person who is or has been an officer or auditor of the company. Review of Operations A review of the operations of the company during the financial year and the results of those operations found that Proceedings on Behalf of the Company during the year, the company continued to engage in its principal activity, the results of which are disclosed in the No person has applied for leave of Court to bring proceedings on behalf of the company or intervene in any attached financial statements. proceedings to which the company is a party for the purpose of taking responsibility on behalf of the company for all or any part of those proceedings. Significant Changes in State of Affairs The company was not a party to any such proceedings during the year. No significant changes in the state of affairs of the company occurred during the financial year. Principal Activity Auditor’s Independence Declaration A copy of the auditor’s independence declaration as required under section 307C of the Corporations Act 2001 is The principal activity of the company during the financial year was to provide native title services to the indigent set out on page 3. and needy indigenous Australians. The organization provides services to deliver sustainable native title outcomes to Aboriginal people in South Queensland that will respect, protect and transmit Aboriginal culture and identity Signed in accordance with a resolution of the Board of Directors: for present and future generations. Queensland South Native Title Services Limited also provides legal and other services to assist indigenous Australians or Aboriginal people with native title matters, as outlined in the Native Title Act 1993 (Cth). Director______Director______After Balance Date Events Ezio Marco Senatore Stephen David Richard Brennan No matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the company, the results of those operations, or the state of affairs of the Dated:______company in future financial years.

w w 69 70 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership STATEMENT OF COMPREHENSIVE INCOME FOR THE YEAR

Chartered Accountants ENDED 30 JUNE 2010 & Business Advisers QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED ABN 88 114 581 556 AUDITOR’S INDEPENDENCE DECLARATION

UNDER s 307C OF THE CORPORATIONS ACT 2001 (Cth) Notes 2009 2008 TO THE DIRECTORS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED $ $

I declare that, to the best of my knowledge and belief, during the year ended 30 June 2010 there have been: Revenue Revenue from ordinary activities 2(a) 8,733,207 7,654,203 • no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in relation to the audit; and Expenses • no contraventions of any applicable code of professional conduct in relation to the audit. Employee benefits expense (3,337,894) (3,352,861) Depreciation and amortisation expenses (110,720) (76,938) PKF Di Bartolo Diamond & Mihailaros Other expenses from ordinary activities 2(b) (5,459,020) (3,652,064) Profit from ordinary activities (174,427) 572,340

Other comprehensive income - - Net gain / (loss) on revaluation of non-current assets - - Ross Di Bartolo Total comprehensive income - - Partner Profit / (loss) attributable to members (174,427) 572,340

Dated: 11 October 2010

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation. The accompanying notes form part of these financial statements w w 71 72 STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2010 STATEMENT OF CHANGE IN EQUITY FOR THE YEAR ENDED QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED 30 JUNE 2010 ABN 88 114 581 556 QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED Notes 2010 2009 ABN 88 114 581 556 $ $ Retained Total CURRENT ASSETS Earnings Equity Cash and cash equivalents 3 2,640,711 2,747,822 $ $ Trade and other receivables 4 158,344 103,030 TOTAL CURRENT ASSETS 2,799,055 2,850,852 Balance at 1 July 2008 1,179,509 1,179,509 Net Surplus for the year 572,340 572,340 NON CURRENT ASSETS Balance at 30 June 2009 1,751,849 1,751,849 Property, plant and equipment 5 1,191,522 546,148 TOTAL NON CURRENT ASSETS 1,191,522 546,148 Balance at 1 July 2009 1,751,849 1,751,849 Net Surplus for the year (174,427) (174,427) TOTAL ASSETS 3,990,577 3,397,000 Balance at 30 June 2010 1,577,422 1,577,422

CURRENT LIABILITIES Trade and other payables 6 737,450 371,902 Provisions 7 202,615 159,069 Other Liabilities 8 1,461,258 1,114,180 TOTAL CURRENT LIABILITIES 2,401,323 1,645,151

NON-CURRENT LIABILITIES Provisions 7 11,832 - TOTAL NON-CURRENT LIABILITIES 11,832 -

TOTAL LIABILITIES 2,413,155 1,645,151

NET ASSETS 1,577,422 1,751,849

EQUITY Retained earnings/(Accumulated losses) 1,577,422 1,751,849 TOTAL EQUITY 1,577,422 1,751,849

The accompanying notes form part of these financial statements The accompanying notes form part of these financial statements w w 73 74 STATEMENT OF CASH FLOWS FOR THE YEAR ENDED NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2010 30 JUNE 2010 QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED ABN 88 114 581 556 ABN 88 114 581 556

Notes 2010 2009 NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES $ $ The financial report is a general purpose financial report that has been prepared in accordance with Accounting CASH FLOW FROM OPERATING ACTIVITIES Standards, Urgent Issues Group Consensus Views and other authoritative pronouncements of the Australian Operating grant and funding receipts 9,179,705 8,405,584 Accounting Standards Board and the Corporations Act 2001.

Receipts from customers 79,618 94,200 The financial report is for Queensland South Native Title Services Limited as an individual entity. Queensland Interest received 63,276 68,596 South Native Title Services Limited is a company limited by guarantee, incorporated and domiciled in Australia. Payments to suppliers and employees (9,233,616) (6,755,124) The financial report has been prepared on an accruals basis and is based on historical costs. It does not take into Net cash provided by/(used in) operating activities 12(b) 88,983 1,813,256 account changing money values or, except where stated, current valuations of non current assets. Cost is based on the fair values of the consideration given in exchange for assets.

CASH FLOW FROM INVESTING ACTIVITIES Australian Accounting Standards include Australian equivalents to International Financial Reporting Standards Payment for property, plant and equipment (196,094) (340,732) (IFRS). Compliance with the Australian equivalents to IFRS (AIFRS) ensures that the financial report, comprising Proceeds from disposal of plant and equipment - 16,000 the financial statements and notes complies with IFRS. Net cash used in investing activities (196,094) (324,732) The following is a summary of the material accounting policies adopted by the company in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated. Net increase/(decrease) in cash held (107,111) 1,488,524 Cash at beginning of financial year 2,747,822 1,259,298 (a) Income Tax Cash at end of financial year 12(a) 2,640,711 2,747,822 No provision for income tax has been raised as the company is exempt from income tax under Division 50 of the Income Tax Assessment Act 1997.

(b) Property, Plant and Equipment

Each class of property plant and equipment is carried at cost or fair value less, where applicable, any accumulated depreciation.

Plant and equipment

Plant and equipment is measured on the cost basis.

The carrying amount of plant and equipment is reviewed annually by the directors to ensure it is not in excess of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The expected net cash flows have not been discounted to present values in determining recoverable amounts.

The accompanying notes form part of these financial statements w w 75 76 Depreciation 2010 2009 The depreciable amount of all fixed assets including buildings and capitalised leased assets, but excluding $ $ freehold land, are depreciated over their estimated useful lives to the company commencing from the time the asset is held ready for use. Properties held for investment purposes are not subject to a depreciation charge. NOTE 2: PROFIT FROM ORDINARY ACTIVITIES Leasehold improvements are amortised over the shorter of either the unexpired period of the lease or the Profit (losses) from ordinary activities has been determined after: estimated useful lives of the improvements. (a) Revenue and Net Gains The depreciation rates and useful lives used for each class of depreciable assets are: Grant funding 7,998,108 7,325,057 Class of fixed asset Depreciation rates/useful lives Depreciation basis Interest Income 63,276 68,596 Contribution of Assets Transferred In/Gifted 560,000 77,700 Plant & Equipment 25 – 40 % Straight Line Other Income & Services 111,823 182,850 Motor Vehicles 12.5 % Straight Line Furniture & Fixtures 5 – 10 % Straight Line Total Income 8,733,207 7,654,203

(c) Employee Benefits (b) Other Expenses Provision is made for the company’s liability for employee benefits arising from services rendered by employees Advertising 178,851 140,968 to balance date. Employee benefits expected to be settled within one year together with benefits arising from wages Consultancy fees 1,768,957 873,657 and salaries, annual leave and sick leave which will be settled after one year, have been measured at the amounts Corporate expenses 249,548 123,688 expected to be paid when the liability is settled plus related on costs. Other employee benefits payable later than one year have been measured at the present value of the estimated future cash outflows to be made Legal consultancy costs 925,551 829,984 for those benefits. Loss on disposal of non current assets - 77,178 Motor vehicle expenses 141,993 116,635 Contributions are made by the company to an employee superannuation fund and are charged as expenses when incurred. Rent 403,916 280,228 Traveling & accommodation expenses 1,122,911 542,839 (d) Cash Training & professional development 88,170 103,533

For the purposes of the Statement of Cash Flows, cash includes cash on hand and at call deposits with banks or Other expenses 579,123 563,354 financial institutions, investments in money market instruments maturing within less than two months and net of bank Total Income 5,459,020 3,652,064 overdrafts.

(e) Revenue NOTE 3: CASH & CASH EQUIVALENTS Cash on hand 1,247 885 Revenue from the rendering of a service is recognised upon the delivery of the service to the customers. Cash at bank 2,639,464 2,746,937 Interest revenue is recognised on a proportional basis taking into account the interest rates applicable to the 2,640,711 2,747,822 financial assets.

Other revenue is recognised when the right to receive the revenue has been established. NOTE 4: TRADE AND OTHER RECEIVABLES Trade Receivables 104,637 61,250 All revenue is stated net of the amount of goods and services tax (GST). Prepayments 53,707 41,780 (f) Goods and Services Tax (GST) 158,344 103,030

Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office. In these circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of expense. Receivables and payables in the Statement of Financial Position are shown inclusive of GST. w w 77 78 Credit Risk – Trade and Other Receivables Movements in Carrying Amounts Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the The company does not have any material credit risk exposure to any single receivable or group of receivables. end of the current financial year. The following table details the company’s trade and other receivables exposed to credit risk with ageing analysis and impairment provided for thereon. Amounts are considered as ‘past due’ when the debt has not been settled within the terms and conditions agreed between the association and the customer or counter party to the Land & Plant & Motor Office Total transaction. Receivables that are past due are assessed for impairment by ascertaining solvency of the debtors Building Equipment vehicles Equip and are provided for where there are specific circumstances indicating that the debt may not be fully repaid to $ $ $ $ $ the association. The balances of receivables that remain within initial trade terms (as detailed in the table) are considered to be of high credit quality. 2010 Balance at the beginning of the year - 128,253 223,245 194,650 546,148 Additions - 132,056 - 64,038 340,734 NOTE 4: TRADE AND OTHER RECEIVABLES (Cont’d) Contributions Transferred in via Gift 560,000 - - - 560,000 Ageing Total Less than 30 Past Due Past Due Past Due Past Due & Disposals - - - - - of Trade Amount Days 31-60 Days 61-90 Days <90 Days Impaired Receivables $ $ $ $ $ $ Depreciation expense (16,000) (50,285) (33,252) (11,183) (110,720) 2010 Carrying amount at end of year 544,000 210,024 189,993 247,505 1,191,522 Trade 104,637 62,507 22,715 19,415 - - Receivables 2009 2010 2009 Trade 61,250 60,500 750 - - - Receivables $ $ NOTE 6: TRADE AND OTHER PAYABLES 2010 2009 CURRENT Trade creditors and accruals 578,745 299,932 $ $ Sundry creditors 158,705 71,970 NOTE 5: PROPERTY, PLANT AND EQUIPMENT 737,450 371,902 Land & Building – at cost 560,000 - Less accumulated depreciation (16,000) - 544,000 - NOTE 7: PROVISIONS CURRENT Plant and equipment - at cost 319,737 187,682 Employee benefits – Annual Leave Provision 175,967 159,069 Less accumulated depreciation (109,713) (59,429) Employee benefits – Long Service Leave Provision 26,648 - 210,024 128,253 202,615 159,069

Motor vehicles - at cost 266,016 266,016 Less accumulated depreciation (76,023) (42,771) NON CURRENT 189,993 223,245 Employee benefits – Long Service Leave Provision 11,832 -

Office equipment - at cost 262,645 198,607 Less accumulated depreciation (15,140) (3,957) 247,505 194,650 NOTE 8: OTHER LIABILITIES CURRENT Total property, plant and equipment 1,191,522 546,148 Income in Advance – Unexpended Grant Funds 1,461,258 1,114,180 w w 79 80 NOTE 9: RELATED PARTY TRANSACTIONS NOTE 12: CASH FLOW INFORMATION The names of directors who have held office during the financial year are: Ezio Marco Senatore 2010 2009 Stephen David Richard Brennan $ $ Mamun Faiz Rashid Reconciliation of cash Cash at the end of the financial year as shown in the statement Key Management Personnel of Cash Flows is reconciled to the related items in the statement of financial position as follows: KKey management personnel comprise directors and other key persons having authority and responsibility for planning, directing and controlling the activities of the organisation. Cash on hand 1,247 885 Cash at bank 2,639,464 2,746,937 No transactions have occurred during the year with related parties. 2,640,711 2,747,822 Key Management Personnel Compensation Summary Reconciliation of cash flow from operations with profit from 2010 2009 ordinary activities after income tax $ $ Profit/(Loss) from ordinary activities after income tax (174,427) 572,340 Short Term Employee Benefits 342,305 344,567 Non cash flows in profit from ordinary activities Long Term Employee Benefits - - Contribution of assets transferred in (560,000) (77,700) 342,305 344,567 Depreciation 110,720 76,938 Net (gain)/loss on disposal of property, plant and equipment - 77,178 NOTE 10: ECONOMIC DEPENDENCE Changes in assets and liabilities (Increase)/decrease in prepayments (11,927) (27,400) Economic dependency exists where the normal trading activities of a company depends upon a significant volume of business. Queensland South Native Title Services Limited is dependant on grants received from the Department (Increase)/decrease in trade receivables (43,387) (61,250) of Families, Housing, Community Services and Indigenous Affairs to carry out its normal activities. Increase/(decrease) in trade and other payables 365,548 37,390 Increase/(decrease) in income in advance 347,078 1,114,180 NOTE 11: SEGMENT REPORTING Increase/(decrease) in provisions 55,378 101,580 The Company operates in the Community Services Segment. Cash flows from operations 88,983 1,813,256

NOTE 13: FINANCIAL RISK MANAGEMENT (i) Financial Risk Management Policies

The company’s financial instruments consist mainly of cash and deposits at bank, trade debtors and trade creditors. The Board of Directors assist the company in meeting its financial targets, whilst minimising potential adverse effects on financial performance. The total of each category of financial instruments, measured in accordance with AASB139 as detailed in the accounting policies to these financial statements are detailed on the following page:

w w 81 82 2009 2008 NOTE 13: FINANCIAL RISK MANAGEMENT (Cont’d) $ $ (iv) Credit Risk Financial Assets Exposure to credit risk relating to financial assets arises from the potential non-performance by counter Cash and Cash Equivalents 2,640,711 2,747,822 parties of contract obligations that could lead to a financial loss to the company. Credit risk is managed Trade and Other Receivables 158,344 103,030 through the maintenance of procedures ensuring to the extent possible, that customers and counter parties to 2,799,055 2,850,852 transactions are of sound credit worthiness. Such monitoring is used in assessing receivables for impairment.

Risk is also minimized through investing surplus funds in financial institutions that maintain a high credit rating, Financial Liabilities or in entities that the Board and management has otherwise cleared as being financially sound. Trade and Other Payables 737,450 371,902 The maximum exposure to credit risk at balance date to recognized financial assets is the carrying amount as disclosed in the statement of financial position and notes to the financial statements. The company does (ii) Interest Rate Risk not have any material credit risk exposure to any single debtor or group of debtors. Exposure to interest rate risk arises on financial assets and financial liabilities recognised at reporting date whereby a future changes in interest rates will affect future cash flows or the fair value of fixed rate financial instruments. NOTE 14: COMMITMENTS

Operating Lease Commitments (iii) Liquidity Risk Liquidity risk arises from the possibility that the company might encounter difficulty in settling its debts or Non-cancellable operating rental lease on premises contracted for but not capitalized in the financial statements. otherwise meeting its obligations related to financial liabilities. The association manages this risk through the following mechanisms: • preparing forward looking cash flow analysis in relation to its operational, investing and financing activities; 2010 2009 • maintaining a reputable credit profile; $ $ • investing only in surplus cash with major financial institutions; and Payable – minimum lease payments • comparing the maturity profile of financial liabilities with the realization profile of financial assets. Not later than 12 months 468,804 391,932

The tables below reflect an undiscounted contractual maturity analysis for financial liabilities. Between 12 months and five years 1,093,874 1,409,348 $1,562,678 $1,801,280 Within 1 Year 1 to 5 Years Over 5 Years Total Cash Flow 2010 2009 2010 2009 2010 2009 2010 2009 A security guarantee of $225,988 is held by the Bank as a commitment under the lease rental Agreement. $ $ $ $ $ $ $ $

Financial liabilities Research Consultancy Commitments due for payment Trade & other payables 737,450 371,902 - - - - 737,450 371,902 Agreements have been entered into amounting to $900,735 involving future payments within the next 12 months for Total expected research consultancy services. 737,450 371,902 - - - - 737,450 371,902 outflows NOTE 15: AUDITORS REMUNERATION Financial assets — cash flows realisable 2009 2008 Cash and cash $ $ 2,640,711 2,747,822 - - - - 2,640,711 2,747,822 equivalents Audit Services 23,218 16,452 Trade & Other Other Services - - 158,344 103,030 - - - - 158,344 103,030 Receivables 23,218 16,452 Total expected inflows 2,799,055 2,850,852 2,799,055 2,850,852 Net (outflow)/inflow on 2,061,605 2,478,950 - - - - 2,061,605 2,478,950 financial instruments w w 83 84 NOTE 16: CONTINGENT LIABILITIES DIRECTORS’ DECLARATION As tenants under the current Lease Rental Agreement there is an obligation for the Company to make good at the cessation of the five year lease. The company has not obtained a professional assessment of the cost of potential make good obligations under the lease and accordingly a reliable measurement of this potential future liability is QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED considered not practicable at this stage. ABN 88 114 581 556 The directors of the company declare that: NOTE 17: EVENTS SUBSEQUENT TO REPORTING DATE 1. The financial statements and notes, as set out on pages 4 to 17 are in accordance with the Corporations No matters or circumstances have arisen since the end of the financial year which significantly affected or may Act 2001 (Cth): significantly affect the operations of the company, the results of those operations, or the state of affairs of the company in future financial years. (a) comply with Accounting Standards and the Corporations Regulations 2001; and

NOTE 18: RESTRUCTURING AGREEMENTS (b) give a true and fair view of the financial position as at 30 June 2010 and of the performance for the As from 1 July 2008 the Company has assumed responsibility for delivery of native title services for the Bundaberg financial year ended on that date of the company. region, previously serviced by Gurang Land Council Aboriginal Corporation (GLCAC), and the Greater Mt Isa region previously serviced by Carpentaria Land Council Aboriginal Corporation (CLCAC). As a result certain fixed 2. In the directors’ opinion there are reasonable grounds to believe that the company will be able to pay its debts assets which fall within the definition of tangible property, purchased, leased, created or otherwise brought into as and when they become due and payable. existence wholly or in part with use of funds which have a value over $5,000 were transferred, including employee entitlement liabilities. This declaration is made in accordance with a resolution of the directors. NOTE 19: COMPANY DETAILS The registered office of the company is: Director______Director______Queensland South Native Title Services Limited Ezio Marco Senatore Stephen David Richard Brennan Level 7, 28 University Avenue CANBERRA ACT 2601 Dated:______Date of Incorporation: 2 June 2005

w w 85 86 Di Bartolo Diamond & Mihailaros INDEPENDENT AUDIT REPORT An Australian Capital Territory Partnership TO THE MEMBERS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

Auditor’s Opinion Chartered Accountants & Business Advisers INDEPENDENT AUDIT REPORT In our opinion, the financial report of Queensland South Native Title Services Limited is in accordance with the TO THE MEMBERS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED Corporations Act 2001, including:

Report on the Financial Report i. giving a true and fair view of the company’s financial position as at 30 June 2010 and of their performance for the year ended on that date; and We have audited the accompanying financial report of Queensland South Native Title Services Limited (the company), which comprises the statement of financial position as at 30 June 2010 and the statement of ii. complying with Australian Accounting Standards (including the Australian Accounting Interpretations) and comprehensive income, statement of change in equity and cash flow statement for the year ended on that the Corporations Regulations 2001. date, a summary of significant accounting policies and other explanatory notes and the Directors’ declaration.

Directors’ Responsibility for the Financial Report The Directors of the company are responsible for the preparation and fair presentation of the financial report in PKF Di Bartolo Diamond & Mihailaros accordance with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Act 2001. This responsibility includes establishing and maintaining internal controls relevant to the preparation and fair presentation of the financial report that is free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances.

Auditor’s Responsibility Ross Di Bartolo Our responsibility is to express an opinion on the financial report based on our audit. We conducted our audit in Partner accordance with Australian Auditing Standards. These Auditing Standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance Canberra whether the financial report is free from material misstatement. Dated: 11 October 2010 An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial report. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal controls relevant to the entity’s preparation and fair presentation of the financial report in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal controls. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the directors, as well as evaluating the overall presentation of the financial report.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Independence In conducting our audit, we have complied with the independence requirements of the Corporations Act 2001. We confirm that the independence declaration required by the Corporations Act 2001 has been provided to the Directors of the Company.

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation. w w 87 88 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership DETAILED PROFIT AND LOSS FOR THE YEAR ENDED 30 JUNE 2010

Chartered Accountants 2010 2009 & Business Advisers $ $ INCOME Interest 63,276 68,596 Grants & Funding 7,998,108 7,325,057 DISCLAIMER TO THE MEMBERS OF Contribution of Assets Transferred In 560,000 77,700 QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED Other income & services 111,823 182,850 The additional financial data presented on page 21 is in accordance with the books and records of the company TOTAL INCOME 8,733,207 7,654,203 which have been subjected to the auditing procedures applied in our statutory audit of the company for the financial year ended 30 June 2010. It will be appreciated that our statutory audit did not cover all details of the LESS EXPENSES additional financial data. Accordingly, we do not express an opinion on such financial data and we give no warranty Audit fees 23,218 16,452 of accuracy or reliability in respect of the data provided. Neither the firm nor any member or employee of the firm Advertising 178,851 140,968 undertakes responsibility in any way whatsoever to any person (other than Queensland South Native Title Services Bank charges 8,209 7,625 Limited) in respect of such data, including any errors of omissions therein however caused. Catering & conference expenses 111,322 94,189 PKF Di Bartolo Diamond & Mihailaros Computer expenses 30,745 31,924 GPO Box 588 Consultancy fees 1,768,957 873,657 CANBERRA ACT 2601 Corporate expenses 249,548 123,688 Depreciation 110,720 76,938 Insurance 31,254 42,825 Interest paid - 16,848 Loss on sale of vehicles - 77,178 Legal consultancy costs 925,551 829,984

Ross Di Bartolo Mapping & Resources 107,622 80,192 Partner Motor vehicle expenses (incl vehicle hire) 141,993 116,635 Office expenses 31,402 35,923 Dated: 11 October 2010 Postage 23,467 16,999 Printing and stationery 39,541 58,444 Rent 403,916 280,228 Repairs & maintenance and replacements 49,121 50,054 Salaries and on costs 3,085,148 3,145,418 Security costs 2,914 4,215 Storage fees 12,079 10,373 Subscriptions 20,917 16,542 Sundry expenses 6,792 3,789 Superannuation 252,746 206,264 Telephone 80,520 78,139 Training & professional development 88,170 103,533 Traveling & accommodation expenses (incl consultant travel) 1,122,911 542,839 Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au PARTNERS: TOTAL EXPENSES 8,907,634 7,081,863 Level 7, 28 University Ave | Canberra City | Act 2601 Ross Di Bartolo B.A (Accounting). FCA GPO Box 588 | Canberra City | ACT 2601 George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA OPERATING SURPLUS/(LOSS) (174,427) 572,340 PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation. These financial statements should be read in conjunction with the attached Disclaimer. w w 89 90 INDEX A K Amalgamation 7,23, 25 Kabi Kabi 45, 47 Kalkadoon 10, 40, 53 B Kamileroi 46 Barada Barna 32, 51-52 Karingbal 32, 49, 51 Barunggam 36,49 Kooma 37, 49 Belyando-Dawson 34, 51 Kullilli 38, 50 Bidjara 35, 49, 51 Kunja 38, 50 Bigambul 35-36, 49 Boonthamurra 10, 37, 50 M Bularnu Waluwarra & Wangkayujuru 42 Maiawali-Karuwali 40, 53 Butchulla 43, 47 Mandandanji 37, 49 Budjiti 10, 38, 50 Mardigan 10, 38, 50 Mitakoodi 40-41, 53 C Mithaka 10, 41, 54 Carpentaria Land Council 4, 24, 85 CEO 1, 4, 8-11, 24, 30, 32, 60, 66 N Commonwealth Government 14 Native Title Act, NTA 1, 3-4, 8-9, 14, 19, 21, 26, 32, 69 D P Darling Downs 36, 49 Pitta Pitta 40-41, 54 Darumbal 32, 51 Port Curtis Coral Coast (PCCC) 30, 33, 51 DERM 4, 21 Q E Quandamooka 9, 45, 48 Extinguishment 21, 34 R F Reform 1, 7-8, 10, 14, 16, 18, 21, 26 FaHCSIA 4, 21, 30, 55, 60-61 Federal Court 8-10, 17, 19, 24, 28, 30-32, 35, S 38-40, 42-44, 60 Southern Barada Kabalbara SBK 32 Finance 4, 17, 28 State Government 9, 55 Funding 1, 8, 14, 20, 28, 30, 44, 55, 75, 78, 90 Strategic Plan 1, 4, 7-8, 11, 26 Future Act 2, 10, 14-15, 17, 19, 26, 29-30, 55-56 G T Ghangalu, Gangulu, Kangoulu 34 Trim 1, 4, 11, 24, 60-61, 63 Githabul 26, 45, 47-48 Turrbal 44-45, 47 Gold Coast 43, 47 Greater Mount Isa Region 4 W Gunggari 36-37 Wadja 34 Gurang, Gurang Land Council 4, 24, 26, 31, 85 Wakka Wakka 33-34, 36 49, 51-52 Waluwarra 42 Wangan Jagalingou 34 Western Wakka Wakka 36, 49 w w 91