Queensland South Native Title Services

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Queensland South Native Title Services 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
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