1.2 2010

Message Tree

Queensland South Native Title Services This edition of Message Tree talks about the progress and many A WORD FROM THE CEO changes and challenges occurring within and around QSNTS. With Table of Contents this growth, I welcome our three new Indigenous Board Members, As someone who has had contact with native title over many Colleen Wall, Arabella Douglas and James William. All three new From QSNTS years as a claimant (and eventually a common law holder), lawyer, members bring a wealth of community and business experience • A Word from the CEO...... 1 public servant and now executive officer, I have always subscribed that will strengthen our decision-making and responsiveness to • New Board Members Appointed…...... 2 to the view that native title practise is more about politics than our clients’ needs. I especially want to welcome but also thank • QSNTS Action...... 3 it is about the law. Don’t get me wrong: legislation, case law, Shaz Rind, our Principal Legal Officer who started in April 2010 • Statutory Services...... 3 courts and tribunals, applicants, claimants, respondents, lawyers, and who in my mind has re-defined the term ‘gritty determination’ • Reform Agenda...... 3 expert witnesses, statutory contracts and so on are all at the very for the way he has professionally taken up the many challenges • Capacity Development...... 3 forefront of how native title gets played out in this country. But it’s over this year (read more about Shaz on page 6). the political interplay; the jostle for power and influence and the Native Title News cut and thrust of tactical brinkmanship that has long dominated I want to thank the Board, Staff, consultant barristers, solicitors • District Registry Introduces Claim Prioritisation...... 4 the background of native title. Regrettably, all of this intrigue gets and anthropologists for the excellent contribution and commitment • Litigation Guidelines Released...... 4 played out in the name of a piece of legislation (the Native Title Act to our work in 2010. Stakeholders are always important and there • Important Talks Held About Social Housing and Infrastructure...... 4 1993) that was intended to redress past inequities suffered by the are too many to mention but I want to specifically acknowledge Events...... 4 most disadvantaged in Australia. To refresh your memory on the senior ministers and departmental officers within the State who Meet the Team...... 6 purpose of the NTA, please read the Preamble (the introduction) have worked hard in trying to change the relationship the State Native Title Act 1993 - Preamble...... 12 to the Act on the final page of this issue. has with both QSNTS and our clients. Some of the stories in Multiple Choice...... 13 this Message Tree refer to the constructive progress that has This end of year message is the reflection upon a year that saw been made across a number of claims but in particular, with immense economic opportunities collide with the realities of the the Quandamooka and Kalkadoon claims (see page 3) - yes, it need for native title claimants to prosecute their claims within is about the law and evidence but developing positive working a new claim prioritisation system (see page 4 for details). The relationships as opposed to focussing upon political differences system was introduced because of the ever-present constraints also helps resolve native title claims! of limited resources. In this new native title operating paradigm, it is going to be more about the law and less about the Finally but most importantly, I want to thank our clients, the politics. Agitation for legislative and administrative reform will Traditional Owners across the southern half of Queensland. 2011 always have an important role – QSNTS has played its part in is shaping up to be a big year but a good year with hope for About Us a constructive reform agenda over 2010 and will continue to do consent determinations and comprehensive land settlements. This progress will inevitably benefit all traditional owners in the Queensland South Native Title Services (QSNTS) is the native title service provider for the so (see page 3) – however, focussing on the legal imperatives for native title outcomes is critical to good native title service long run. Building the cases on a strong evidential foundation is southern half of Queensland. We aim to assist traditional owners in realising their aspirations delivery. QSNTS will continue to stick to the principle of providing critical to success. This takes time, resources and patience, in fact, lots of patience. to native title through statutory services, capacity development and system reform. professional services to traditional owners based on credible evidence and not get distracted with negative politics; Black or White. I hope you find this Message Tree both informative and enjoyable. Have a peaceful festive season and see you in 2011!

Mt Isa

Kevin Smith Chief Executive Officer NORTH WEST Queensland South Native Title Services REGION NORTH EAST REGION Rockhampton Bundaberg Birdsville Charleville Roma Quilpie SOUTH EAST SOUTH CENTRAL REGION SOUTH WEST REGION REGION St George Brisbane

Kevin Smith, CEO

1 our neighbours. I feel that writing down our histories in relation Submission on Disregarding Historical Extinguishment New Board Members Appointed... to our country and the movement of our families is important QSNTS Action Proposals, 26 March 2010 for our future descendants in knowing their connections and Proposed amendments to the Native Title Act will allow historical QSNTS is pleased to introduce three new board members. responsibilities to country. Much of this knowledge can be STATUTORY SERVICES extinguishment to be disregarded by agreement of the parties in Colleen Wall, Arabella Douglas and James William are leaders in a basis of cultural practice or if we so desire future cultural National, State or Territory parks that are set aside for preservation the community who bring a wealth of experience to the pursuit of The QSNTS statutory team continues to grow with seven new businesses that benefit of our Families. Native title is an important of the environment. While QSNTS is supportive of any proposal our organisation’s strategic goals. staff already this financial year. Each of these staff members are element of recognising and maintaining these connections that could provide opportunities for more claims to be settled assigned to a Case Management Team (CMT) comprising of a which is why I’m excited to be appointed to the QSNTS Board.” by negotiation rather than litigation, we do not consider that the Community Relations Officer, Legal Officer and Research Officer. – Colleen Ma’run Wall, Director. amendment goes far enough. With reference to examples that Check out the staff profiles at the end of the newsletter to learn occur within Queensland, our submission examines a number more about these positions. ARABELLA DOUGLAS is an Indigenous woman from the of forms of historical extinguishment and argues in favour of an Bundjalung nation in far north New South Wales. She is a solicitor amendment that is much broader in scope than what is proposed This year, we have seen some major developments in a number and barrister of the Supreme Court of New South Wales, and by the Attorney-General. of the native title claims managed by QSNTS. The State has a solicitor of the High Court of Australia. She is an experienced accepted connection reports and has entered into substantive senior litigation lawyer within the Land and Environment Court Native Title Law Summit, 15-16 July 2010 negotiations for a number of claims. Here are some highlights: having successfully managed a private practice local government CEO Kevin Smith delivered a paper titled, “Our Old People Are Dying” - A cry for broader land settlement and social justice legal unit. Her professional experience includes native title law, Quandamooka – on the doorstep of Brisbane, this claim has not just native title claim disposition. housing policy, environment, local government and planning law, reached some valuable milestones. The State has entered into criminology, anti-discrimination work and Aboriginal education. negotiations that will hopefully lead to a consent determination National Indigenous Lawyers and Law Students Conference in 2011. Arabella is a lecturer at Sydney’s University of Notre Dame, 2010, 1-2 October 2010 PLO Shaz Rind delivered a paper discussing economic Director of Regional Services for the NSW Department of Human Kalkadoon – at a Directions Hearing held just over a year ago, rights, mining agreements and future acts within the native Services’ Aboriginal Housing Office, and she owns an Indigenous His Honour Justice Dowsett nominated the Kalkadoon People #4 title environment. accommodation and events company called Connecting Dots claim as a pilot project to trial a new approach for fast tracking Pty Ltd. Arabella is also currently undertaking an MBA with the the resolution of claims. The pilot has been a success with the University of New South Wales. claim on its way to reaching one of the fastest determinations CAPACITY DEVELOPMENT in native title history. The State has made some major concessions “I would like to say that I am honoured to be serving QSNTS Sharon McAvoy has stepped into the role of coordinating capacity and we are positive about achieving a consent determination Board Member and that I am inspired by the words of Maya development for QSNTS’ clients. This position will see her QSNTS welcome the new Directors Arabella Douglas, James William and Colleen that will see traditional owners awarded a number of native Wall to the Brisbane office on Tuesday 7 December. Angelou as I take on my new role...’Nothing works unless you do’. facilitating opportunities to continue increasing the skills of clients title benefits. to administrate the complex requirements of a native title claim. COLLEEN MA’RUN WALL is the second daughter of Herb I intend to work for QSNTS, and work for the rights and interest and Alfa Geiszler (nee Beezley) and was born in Eidsvold. She of Indigenous people as I take my place in the board room.” Charleville Four – in Boonthamurra, Mardigan, Mithaka and – Arabella Douglas, Director. The QSNTS Capacity Development Program (CDP) is designed is a granddaughter of Bert and Mary Beezley (nee Minniecon) Budjiti, trials have been vacated and the State and QSNTS have around the delivery of Native Title services to Traditional Owners and a direct descendant of Katherine Minniecon (Lingwoodock) entered into a court managed process that will hopefully lead to JAMES WILLIAM is a Kulkalgal man from Brisbane with more that enhance their capacity to be independent in pursuing their and her mother Sarah Lloyd. Sarah’s mother Nannie was born positive outcomes in 2011. than fifteen years of engagement experience working with right and interests. This can be achieved by building the Traditional of the Dauwa Kabi Clan (of the Bauple region). In 1992, after Aboriginal and Torres Strait Islander people and communities. Owners’ knowledge base to make practical, accountable and years of working in the bush, Colleen left Mount Isa to work for He has worked extensively in the public sector in key portfolio REFORM AGENDA sustainable decisions concerning Native Title and related matters. Arts Queensland in Brisbane. There she managed the Aboriginal areas including public housing, vocational education and training, Our goal is to see Traditional Owner Groups in a position to and Torres Strait Islander programs for fourteen years, creating Since the last newsletter, QSNTS has continued to pursue the employment, economic development and Indigenous enterprise navigate the Native Title process confidently and successfully, groundbreaking initiatives including the Indigenous Regional Arts improvement of the native title system in order to achieve greater development. Previous private sector experience focused on the exploring all regional opportunities of economic development, Development Fund and publication of ‘Reality of a Dark History’ social, cultural and economic sustainability for Traditional Owners. development and delivery of customised consulting services for employment and innovation, and achieving sustainable outcomes and ‘Making Connections’. Colleen has since delivered community, In this pursuit, CEO Kevin Smith directed the following: the Indigenous services sector. in these areas. youth and arts training to Aboriginal and Torres Strait Islander Submission on Indigenous Cultural Heritage Acts students and cultural training to Griffith University allied health Sharon has seen firsthand the opportunities to guide future James is currently the National Indigenous Services Coordinator Review – Key Issues and Draft Recommendation Paper, students. She has also been involved in research and program capacity building during her time as a Community Relations for Workpac, a leading recruitment consultancy to the mining, 23 February 2010 introduction in desert settlements through the Griffith University’s Officer with QSNTS. We invite traditional owners to express construction, engineering, manufacturing and healthcare QSNTS has been involved in the public consultation process over Desert Knowledge Centre Alice Springs. your aspirations to your Community Relations Officer who will industries. He is an inaugural member of the Queensland the proposed amendments to the Indigenous Cultural Heritage Aboriginal and Torres Strait Islander Advisory Committee and a communicate with Sharon to develop and coordinate programs Colleen is an executive for the Aboriginal and Torres Strait Acts since late 2008 and made detailed submissions in March committee member of Reconciliation Queensland Incorporated. and workshops for your community. Islander Women’s Legal and Advocacy Service and owns her 2009 as part of the Indigenous Cultural Heritage Acts Review. Based on submissions received during the Review, the Department own company, Wanyiram Pty Ltd, which provides arts industry “Once native title has been awarded to traditional owners, there’s “I am passionate about the development and delivery of of Environment and Resource Management published its Key expertise with the vision of ‘Spiritual Wellbeing for our People.’ a lot of administration behind making sure our people can make vital services to Queensland’s Aboriginal people particularly Issues and Draft Recommendation Paper in November 2009. in foundational areas such as Native Title. I am honoured the most of the benefits they’re entitled to. One example is the “Ma’run is my language name and I am most passionate about The most recent submission was made in response to those Draft to have been appointed to QSNTS’ Board of Directors requirement of establishing a Prescribed Body Corporate (PBC) the importance of Land Law and Language pertaining to our Recommendations and argues that the suggested amendments where I can assist and influence outcomes that are critical as the entity which will represent the traditional owners and will be country. Especially how our language relates to Significant Sites fall short of providing the best protection of Aboriginal cultural to the cultural, social, political and economic dimensions the first place to call for people such as pastoralists, governments and the Story Strings and Song Lines that travel through our heritage because they fail to give Traditional Owners a greater of Aboriginal peoples’ lives and their communities.” or developers who want to conduct business with the Traditional country and the responsibilities we have through our Mu’rung role in its protection. – James William, Director. or Totem in maintaining those connections with our country and

2 3 Owners. We want to help make sure a sustainable and functional PBC is created for the future of the people and their land.” Litigation Guidelines Released – Sharon McAvoy, Capacity Development Coordinator The Guidelines for Contested Native Title Litigation (2010/11 – 2012/13) have been released with some important amendments. Check out the staff profiles to get to know Sharon better. An important change for QSNTS’ funding body, the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), specifies that all litigation funding must now be allocated and prioritised within the existing operation Native Title News budgets of Native Title Service Providers. This further increases District Registry Introduces Claim Prioritisation the need to plan and prioritise claims around their trials. This year, the Federal Court’s Queensland District Registry The implication of this for traditional owners is the continued and introduced an innovative prioritisation system for native title increased necessity to: applications to address lengthy claim processes. The system aims to assist the Court and all stakeholders with planning (i) Provide clear instructions and resource allocation by prioritising claims according to the probability of achieving an outcome. It assigns quite specific (ii) Act with unity within Traditional Owner Groups An historic occasion for the as Applicant Ian Delaney signs 16-17 October, 2010: QSNTS Claim Management Team at a Kalkadoon Claim an Agreement In Principle for a State ILUA, watched by Quandamooka steering Group Meeting. Deputy PLO Andrea Olsen, Consultant Anthropologist Dr Kevin timelines for moving through the process of achieving resolution committee members Eddie Ruska, Gavin Costelloe, Christine Moyle, John Tapp, Mayo, Paralegal Tim Madigan, Senior Legal Officer Paul Watkins and Research and sets an ambitious ten year target for the resolution of current Important Talks Held About Social Housing Uncle Bob Anderson, Cameron Costelloe and Sandra Delaney. Officer Jacqueline Hilton. native title claims. and Infrastructure This novel approach has been welcomed by QSNTS as an QSNTS CEO Kevin Smith and Community Relations Officer opportunity to intensify pressure on parties in order to achieve Christine Royan were in Rockhampton in late November to outcomes for clients. discuss a social housing and private ownership lease Indigenous Land Use Agreement (ILUA) with the and Wadja steering The practical effect of this new approach to native title claims committees. The proposed ILUA relates to building much needed is that: housing infrastructure for the people of Woorabinda. Both steering committees agreed the project needed to proceed and QSNTS (i) The Court now imposes programming orders on native title and the steering committees will be working closely in the New claims that contain strict timeframes for the gathering and Year to progress matters. filing of evidence;

(ii) The Court regards compliance with these timeframes as essential and will consider making costs Orders against Events parties as well as the solicitor on the record where the Save the date! 1st – 3rd June, 2011: QSNTS will play host timeframes are not met; to AIATSIS’ 19th annual National Native Title Conference being 13 November, 2010: Celebrating recognition. Queensland Government Department 25 November, 2010: Deputy District Registrar Chris Fewings visits the QSNTS held at the Brisbane Convention and Exhibition Centre. The (iii) The Court is no longer inclined to grant Orders that allow of Environment and Resource Management representative Beverley Coleman hands office in Brisbane. Here with Chief Financial Officer Paul Davies and Principal Legal National Native Title Conference is Australia’s largest Indigenous a matter to be discontinued to be later revived and ‘fight the Deed of Grant of Land at Dunkeld to Gunggari Elder Ethel Munn. Officer Shaz Rind. policy conference and uses native title as an active agenda for another day’; justice for people and country both before and after the outcome (iv) Where a Court does make Orders for a matter to be of a native title determination, and within the broader compass of discontinued, the Court will likely impose strict conditions, traditional ownership. including the payment of costs, before a discontinued claim can be re-registered; and Next year’s conference “Our Country, Our Future” is reflected in the following themes: (v) The Court will make strict programming Orders irrespective of the wishes of the parties. • Decisions, Actions, Results • Enduring Cultures, Resilient Societies When applying for funding for the 2011/2012 financial year, • Country, Heritage and Development QSNTS will give priority to the following claims: • Tenure, Title and Possession a) Those claims that have been on the Federal Court list We are currently seeking proposals for papers, panels and talking the longest; circles. We invite you to submit your proposal with an abstract and biography by Monday 28 February 2011. For further details b) Those claims that are the subject of Court Orders requiring visit www.qsnts.com.au. compliance within strict timeframes; and 7 December, 2010: Celebrating the publication of her paper, Berajondo and 7 December, 2010: New Board Members meet the QSNTS team. Senior Legal 2009-2010 Annual Report released: visit www.qsnts.com.au Mill Point: remembering place and landscape, Research Officer Sue O’Brien is Officer Paulette Dupuy, Director Arabella Douglas, Legal Officer Kay Whyte and c) Those claims that have reasonable prospects of success or contact us for your copy. congratulated by Senior Research Officer Tony Eales. Legal Administration Officer Nakkari Smith. based on a senior barrister’s advice.

4 5 Why did you decide to specialise in native title? Heather Andrews MEET THE TEAM There were two main reasons. One was that it is a new and emerging area of law so it is very challenging and interesting to be Community Relations Officer Introducing the Principal Legal Officer involved in. The second reason was that native title is important to the heart of every Aboriginal person – it is about land and country. When did you start at QSNTS? I saw native title as a good opportunity to take my commercial – Shaz Rind litigation background to do something for the people. I can help 26 July 2010. achieve something positive for the Traditional Owners, for their QSNTS Principal Legal Officer (PLO) Shaz Rind is a descendant recognition of country. of the Yamatji Peoples of the Murchison region of Western What is your background? Australia. He has more than 10 years’ post admission experience My name is Titjipuaka Heather Andrews and my birth place is in New South Wales and Western Australia in native title, What is your favourite destination in Australia Alice Springs. I am Southern Arrernte, Pertame, from the Central commercial law, criminal law and anti-discrimination litigation. and why? Desert area in the Northern Territory. My husband and I have four As a solicitor with NTSCorp, he was involved in the Githabul sons. My working career started when I was 15 years old on cattle consent determination and the Crescent Head Indigenous Land I’ve seen lots of wonderful and wacky places in Australia but I’d stations around Mount Isa, Dajarra and Boulia areas. When I met Use Agreement (Dunghutti Peoples) in New South Wales. Before have to say Broome is my favourite destination. I like a bit of luxury my husband we worked on cattle stations in the Gulf region. We he came to QSNTS, Shaz was the Deputy PLO of the Yamatji and Broome has the right mix of remoteness, international flair and moved to town when our eldest son had to start school. I have Marlpa Aboriginal Corporation (Native Title Representative Body luxury for me. worked for different Organisations and Government Departments for the Pilbara Yamatji region in Western Australia) where he since living in Mount Isa before starting with QSNTS. was involved in complex future act negotiations and large native What is the best thing about being PLO at QSNTS? title claims. Principally, bringing a wealth of experience from all the different parts A day in the life of Me involves... of Australia to Queensland – especially Southeast Queensland – We interviewed Shaz to find out more about his motivations... If a meeting is going to be held I get in contact with the Applicant Heather Andrews so that we can achieve results here. Queensland has the least who need assistance with transport and travel forms. I write their number of native title determinations of any state so I feel like details down when talking to them on the phone and let them that is important. Also, one of the best things is being part of a know everything is okay once I have received confirmation from strong team of people – the lawyers, researchers and community the QSNTS office. When meetings are being held at the office, relations officers – who work towards one common goal and that catering is required and needs to be organised. Other times I is the recognition of native title for mobs in Queensland. assist with organising the venue for events and send a budget through to the Legal Officers. I also assist the Applicant to and What is the hardest thing to understand about native from the meetings. Interacting and speaking with the Applicant title and why? and claim group members during the days of the meetings is very good for strong working relationships and gaining positive In my experience of dealing with different groups of traditional feedback which can be passed onto the Legal Officers. owners, the hardest thing to understand about native title is that it is a legal construct and a legal process. It is controlled and Every day is different for the tasks that are allocated out to us so limited by the Native Title Act, Federal Court rules, by case law we also need to have flexibility to work united with our Applicant and by common law and it’s dynamic and forever changing. On and claim group. top of that, it’s open to interpretation by the numerous judges who oversee the system. I think that makes native title really hard to What is the hardest thing to understand about native understand. title and why? Any last remarks? Since working in the Native Title field it has been noticeable there is a divide when everyone does not work together to achieve I acknowledge that native title is a very personal thing, it’s full of the same goals. Native title is hard to understand and I believe passion and frustration. Blood, sweat and tears go into a native education is vital in this area so that everyone understands from title determination. There is a fine balance between the legal the beginning exactly what it means. It is vital to have people who system, the expectations of the clients and the intra-Indigenous are able to explain in terms that people can understand. When issues that affect the client group. Sometimes the views of a few things aren’t explained properly, it leads to confusion, but when affect many. But native title is about looking after the interests of it is explained and everyone understands it really well, then it is many, that is, the claim group and the generations to come. We much easier to work together. must try to think of their future. How do you get to work each day? I drive either a Camry or Mitsubishi to work which takes me about 10 minutes.

Shaz Rind

6 7 Andrew McGill A day in the life of Me involves... Sharon McAvoy • Managing temporary staff and interns Human Resources Officer • Reading resumes and other recruitment activities Capacity Development Coordinator • Developing and adjusting position descriptions When did you start at QSNTS? • Trimming (electronic filing), electronic filing, Emails and other When did you start at QSNTS? admin stuff Tuesday 4 May 2010. June 2006 – Senior Finance Officer • Management of staff training August 2009 – Community Relations Officer • Writing HR policies and procedures October 2010 – Capacity Development Coordinator What is your background? • Meeting with QSNTS staff and offering advice about a host of I grew up in Rochedale on Brisbane’s southside. When I was 17, HR issues, opportunities and their rights as employees I gained an Administrative Traineeship with the State Government • Advising the Executive on HR and industrial relations issues What is your background? and worked immediately within Aboriginal and Torres Strait Islander • Providing workstation assessments to staff and other I am a descendant of the Wiri people of Central Queensland, my employment with the Department of Employment and Training’s Workplace Health and Safety duties ancestors come from the Wangan Country surrounding Clermont Recruitment Branch. Then I worked 12 years for the Queensland and Jagalingou country surrounding Alpha. Police Service Human Resources Branch in a number of Human What is the hardest thing to understand about native Resources (HR) roles in Brisbane and later in Surfers Paradise. In title and why? I have 3 Children and grew up in Inala, Brisbane and still live 2001 and 2001, I spent some time working and travelling through nearby. I commenced my working career with the Salvation Army the UK and Europe in 2001-2002 and then got married to Kelly in I am the first to admit that I have much to learn about Native Title, and then with Paul Richards (Lawyer) who was retained by the Fiji in 2003. I worked in the beautiful Whitsundays for two years however the intricate complexities and ever changing nature of Aboriginal Legal Service. I then continued on working within and before packing up and moving to Hobart to work as Manager of Native Title is difficult for me to understand. for Aboriginal Corporations in and around Brisbane. I ran my Pay/Personnel Branch for the State Health Department. After own business for quite a number of years until completing the having enough of the public sector, I moved back full circle to From a Human Resources point of view, I am very pleased to be circle and coming back to advocate for the rights and interests of Indigenous Employment/HR with the Tasmanian Aboriginal working alongside hard-working, innovative, flexible and driven Aboriginal people. Centre. After five Tasmanian winters, my wife and I decided to QSNTS employees. There is no doubt that this work environment move back to the sunshine state and settle back in Brisbane and I is very demanding, and in my opinion it is a testament to QSNTS A day in the life of Me involves... was lucky enough to snag the HR role with QSNTS! staff that we function so well and are getting some significant runs on the board, despite the inherent adversity. In my role as a Community Relations Officer, my daily tasks are Now we’re looking to buy a house on Brisbane’s southside and talking to traditional owners about their native title claim, arranging Sharon McAvoy settle down in the next couple of months (fingers crossed). How do you get to work each day? meetings, newsletters and working with Lawyers and Research Officers to support traditional owners in the processes of native The 561 bus! title. I am currently transitioning into my new role as Capacity Development Coordinator, to fulfil my passion in assisting Aboriginal people to one day have control of their own economic and sustainable structures and businesses to stand strong in the current and future economy. What is the hardest thing to understand about native title and why? One of the hardest things to understand is the Act requires that a continued connection to traditional country be proven, when in fact our ancestors were forcibly removed.

Why our elders are being forced to remember their language, laws and customs, when once they were forced to forget. How do you get to work each day? Drive to station and catch a train.

Andrew McGill

8 9 Kay Whyte A day in the life of Me involves... Tony Eales I seem to go to lots meetings. It takes time to prepare for meetings Legal Officer and there are always things to do afterwards. Some meetings Senior Research Officer are very useful while others seem to talk in circles. While I am in When did you start at QSNTS? meetings, the phone and email messages keep coming, all waiting When did you start at QSNTS? to be replied to. So when you call me and reception tells you I started with QSNTS on Monday 16 August 2010. January 2009 as a consultant and January 2010 as a full time ‘She’s in a meeting’ they really mean it! senior researcher.

What is your background? I read lots of historical and connection reports and affidavits. I find My family background is a blend of European from my father and these to be very interesting. What is your background? Aboriginal/Anglo from my mother. Not too sure where my mother’s Working class Irish catholic by background with parents that people came from but there is definitely a South Queensland What is the hardest thing to understand about native aspired to us having a better education and more opportunities. connection that I want to investigate. title and why? I did a few years of teacher training then a few at the NAB in international operations, another couple of years travelling living I have been living in Sydney for many happy years and recently How Aboriginal people are expected to have the patience in Scotland and India then an Arts degree Anthropology double relocated from Sydney’s northern beaches to Brisbane with my of saints. How they have to keep on telling and re-telling their major with honours specialising in archaeology at UQ. I began husband and son. precious stories of people, place and things over and over again my PhD but never completed and worked for seven years as a to a parade of anthropologists, linguists, lawyers, politicians and consulting archaeologist in the central Queensland coal country I have an honours degree in Anthropology from James Cook judges. I am privileged to play a small part in what I hope is a before coming to QSNTS. I have an 8 year old son and am University. A Graduate Diploma in Applied Sciences, Cultural reassertion of traditional rights and access to country. separated from his mother and my partner has her 16 year old Heritage Management from University of Canberra and a Bachelor daughter with us at home and an 18 year old son who lives with of Law from University of Technology, Sydney. How do you get to work each day? his father. I have had the honour of working as an associate with Judge Getting to work each day is a mad logistics operation. Day starts A day in the life of Me involves... Finnane in the NSW District Court. I have also worked as an at 5.30 with walking the two dogs (border collies); attempting associate with Justice Talbot in the NSW Land and Environment to rouse soundly sleeping 5 year old boy and get him fed and Get up make lunches and breakfasts. Get a bit of reading of Court and as a Federal Court Research Associate on the final dressed and out of the house; drive in the opposite direction to blogs in and walk to the station. I spend the day involved in stages of the Noongar and Wongatha decisions. work to take him to childcare, zoom back towards the city; park research for the various claims for which I’m responsible, mostly and walk to catch the train and then more walking into the office. to assist consultants in the timely and accurate production of Tony Eales In the afternoon it’s in reverse but little boy is now dirty, hungry and reports. I also spend quite a bit of time helping other researchers sleepy. The dogs are still keen for walk number two of the day. with mapping issues. I can draw on my background in archaeology to do short reports on the archaeological background of a claim. I catch the bus home, work out on the cross trainer for half an hour and start dinner. What is the hardest thing to understand about native title and why? From my perspective it is difficult to understand the legalistic framework in detail. Native Title seems like such obvious natural justice, it’s difficult not to feel that the legal process is set up to be a barrier to that justice. How do you get to work each day? Train in, bus home.

Kay Whyte

10 11 (b) to ensure that Aboriginal peoples and Native Title Act 1993 - Preamble receive the full recognition and status within the Australian nation to which history, their prior rights and interests, and Multiple Choice This preamble sets out considerations taken into account by the their rich and diverse culture, fully entitle them to aspire. Parliament of Australia in enacting the law that follows. Test your native knowledge with the questions below. For the answers, log onto The needs of the broader Australian community require certainty The people whose descendants are now known as Aboriginal and the enforceability of acts potentially made invalid because the News page of the QSNTS website, www.qsnts.com.au, or give us a call on peoples and Torres Strait Islanders were the inhabitants of of the existence of native title. It is important to provide for the 1800 663 693. Australia before European settlement. validation of those acts. They have been progressively dispossessed of their lands. Justice requires that, if acts that extinguish native title are to be This dispossession occurred largely without compensation, validated or to be allowed, compensation on just terms, and with a QSNTS is funded by the Federal Government department, FaHCSIA. What does FaHCSIA stand for? and successive governments have failed to reach a lasting and special right to negotiate its form, must be provided to the holders equitable agreement with Aboriginal peoples and Torres Strait of the native title. However, where appropriate, the native title a) Federal, High Commissioner and State Indigenous Administration Islanders concerning the use of their lands. should not be extinguished but revive after a validated act ceases b) Fun and Happy Camper Society for As a consequence, Aboriginal peoples and Torres Strait to have effect. c) Families, Housing, Community Services and Indigenous Affairs Islanders have become, as a group, the most disadvantaged in It is particularly important to ensure that native title holders are Australian society. now able to enjoy fully their rights and interests. Their rights d) Funding and Helpful Costs Social Institute of Australia The people of Australia voted overwhelmingly to amend the and interests under the common law of Australia need to be Constitution so that the Parliament of Australia would be able to significantly supplemented. In future, acts that affect native title make special laws for peoples of the aboriginal race. should only be able to be validly done if, typically, they can also Once native title has been granted, a group of representatives called the PBC must be established to manage be done to freehold land and if, whenever appropriate, every The Australian Government has acted to protect the rights of their native title rights and interests. What does PBC stand for? reasonable effort has been made to secure the agreement of the all of its citizens, and in particular its indigenous peoples, by native title holders through a special right to negotiate. It is also a) Past Bureaucratic Code recognising international standards for the protection of universal important that the broader Australian community be provided with human rights and fundamental freedoms through: b) Producer-Business Commissioners certainty that such acts may be validly done. (a) the ratification of the International Convention on the Elimination c) Partner Bond Company A special procedure needs to be available for the just and proper of All Forms of Racial Discrimination and other standard ascertainment of native title rights and interests which will ensure d) Prescribed Body Corporate setting instruments such as the International Covenants that, if possible, this is done by conciliation and, if not, in a manner on Economic, Social and Cultural Rights and on Civil and that has due regard to their unique character. Political Rights; and Governments should, where appropriate, facilitate negotiation on The term MOU is used frequently and refers to a document outlining an agreement between parties. (b) the acceptance of the Universal Declaration of Human a regional basis between the parties concerned in relation to: Rights; and What does MOU stand for? (a) claims to land, or aspirations in relation to land, by Aboriginal a) Memorandum of Understanding (c) the enactment of legislation such as the Racial Discrimination peoples and Torres Strait Islanders; and Act 1975 and the Australian Human Rights Commission b) Me Owe You Act 1986. (b) proposals for the use of such land for economic purposes. c) Meaningful Operative Union The High Court has: It is important that appropriate bodies be recognised and d) Message on Unity funded to represent Aboriginal peoples and Torres Strait (a) rejected the doctrine that Australia was terra nullius (land Islanders and to assist them to pursue their claims to native belonging to no one) at the time of European settlement; title or compensation. and In June next year, QSNTS is co-hosting the National Native Title Conference with AIATSIS, the premier It is also important to recognise that many Aboriginal peoples and (b) held that the common law of Australia recognises a form Torres Strait Islanders, because they have been dispossessed of institution for information and research about the cultures and lifestyles of Indigenous peoples. What does of native title that reflects the entitlement of the indigenous their traditional lands, will be unable to assert native title rights and inhabitants of Australia, in accordance with their laws and AIATSIS stand for? interests and that a special fund needs to be established to assist customs, to their traditional lands; and them to acquire land. a) Association for Information After the State is Studied (c) held that native title is extinguished by valid government acts The Parliament of Australia intends that the following law will b) Australian Institute of Aboriginal and Torres Strait Islander Studies that are inconsistent with the continued existence of native take effect according to its terms and be a special law for the title rights and interests, such as the grant of freehold or c) Artists, Industry Actors, Television Stars In Scene descendants of the original inhabitants of Australia. leasehold estates. d) Australian Indigenous Aboriginal and Torres Strait Islander Service The law, together with initiatives announced at the time of its The people of Australia intend: introduction and others agreed on by the Parliament from time (a) to rectify the consequences of past injustices by the special to time, is intended, for the purposes of paragraph 4 of Article measures contained in this Act, announced at the time of 1 of the International Convention on the Elimination of All Forms introduction of this Act into the Parliament, or agreed on by of Racial Discrimination and the Racial Discrimination Act 1975, the Parliament from time to time, for securing the adequate to be a special measure for the advancement and protection advancement and protection of Aboriginal peoples and of Aboriginal peoples and Torres Strait Islanders, and is Torres Strait Islanders; and intended to further advance the process of reconciliation among Design and layout: SuckerPunch Design all Australians. 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