Queensland South Native Title Services ANNUAL REPORT 2017 - 2018 LETTER OF TRANSMITTAL
Senator the Hon Nigel Scullion Minister for Indigenous Affairs Parliament House Canberra ACT 2600
26 October 2018
Dear Minister
We are pleased to present the 2017-18 Annual Report for Queensland South Native Title Services Limited (QSNTS).
This report is provided in accordance with the Australian Government’s Department of the Prime Minister and Cabinet (DPMC) terms and conditions relating to the native title funding agreement under s203FE(1) of the Native Title Act 1993 (Cth) (NTA). The report includes independently audited financial statements for the financial year ending 30 June 2018.
Thank you for your ongoing support of the work QSNTS is undertaking.
Yours sincerely Chair, Board of Directors Queensland South Native Title Services
Annual Report 2017 – 2018 | i TABLE OF CONTENTS
Letter of Transmittal...... i Table of Contents...... 01 Glossary...... 03 Contact Details...... 04 Board Report...... 05 CEO Report...... 08
QSNTS Overview...... 11 Background...... 12 Legislative Functions...... 13 Strategic Plan and Priorities...... 14 Services...... 16 Service Delivery Process...... 18 Organisational Structure...... 21 Operational Plan...... 22
Performance Report...... 23 Claim Areas...... 24 Review of Performance...... 25 Outputs 2017-18...... 26 Consent Determinations...... 27 Current Claims...... 27 QSNTS as Respondent...... 34 Other Litigation...... 34 Research...... 34 Native Title Corporations...... 35
01 | Queensland South Native Title Services Future Acts Activity...... 39 Grant Financial Performance Report...... 40 Organisational Capability...... 41 PBC Support...... 42 Advocacy...... 44 Stakeholder Engagement...... 46
Corporate Report...... 48 Governance...... 49 Corporate Governance...... 50 Former Board Members...... 50 Board Members as at 30 June 2018...... 51 Executive Management...... 54 Planning and Reporting...... 55 Risk Management...... 56
Human Resources Report...... 59 Workforce Planning...... 60 Workforce Profile, Retention and Turnover...... 61 Enterprise Agreement...... 61 Training and Development...... 61 Occupational Health and Safety...... 62 PBC Support...... 63 Looking Ahead: Human Resources in 2018-19...... 63
Financial Report...... 64
Annual Report 2016 – 2017 | 02 GLOSSARY
The person or persons authorised by the native title claim group to represent Applicant the group in matters arising under the NTA in relation to their native title determination application.
The process (usually in the form of a meeting) that a native title claim group uses Authorisation to give permission to deal with matters arising in relation to their application, including a determination application.
An application for a determination of native title, a revised determination of native Claim title, or a compensation application under s 61 of the NTA. Also referred to as a native title determination application or a native title application.
Commonwealth The Commonwealth of Australia as a respondent party in a native title of Australia determination application. Also referred to as ‘the Commonwealth’.
The communal, group or individual rights and interests of Aboriginal Peoples and Torres Strait Islanders in relation to land and waters, where those rights Native Title and interests are possessed under the traditional law acknowledged, and the traditional customs observed, by the group or individual. The NTA refers to the recognition of these rights and interests by the Federal Court of Australia.
The Queensland State Government and principal respondent party to a native title State of Queensland determination application. Also referred to as ‘the State’.
AGD Attorney-General’s Department NNTC National Native Title Council
Australian Institute of Aboriginal AIATSIS NTA Native Title Act 1993 (Cth) and Torres Strait Islander Studies
CEO Chief Executive Officer NTRB Native Title Representative Body
CFO Chief Financial Officer NTSP Native Title Service Provider
Office of the Registrar of DPLO Deputy Principal Legal Officer ORIC Indigenous Corporations Department of the Prime Minister DPMC PBC Prescribed Body Corporate and Cabinet
ILUA Indigenous Land Use Agreement PLO Principal Legal Officer
Implementation and Queensland Representative IMD QRBA Management Division Body Alliance Queensland South Native MOU Memorandum of Understanding QSNTS Title Services Registered Native Title NNTT National Native Title Tribunal RNTBC Body Corporate
03 | Queensland South Native Title Services QSNTS Annual Report Contact CONTACT Media and Communications Coordinator | DETAILS Jasmin Michiels Annual Report Photography Photography and artwork sourced from stock or Brisbane Office generously submitted by QSNTS stakeholders and staff. Level 10, 307 Queen Street Brisbane, Queensland, 4000 Cover Artwork Jasmin Michiels and Suckerpunch Design PO Box 10832, Adelaide Street Brisbane, Queensland, 4001 Design and Layout Suckerpunch Design (Copyright QSNTS 2018) P (07) 3224 1200 | 1800 663 693 F (07) 3229 9880 E [email protected] W www.qsnts.com.au
Rockhampton Office Level 5B, 34 East Street PO Box 46 Rockhampton, Queensland, 4700
P (07) 4921 1090 | 1800 663 693 F (07) 4921 1095 E [email protected]
Mount Isa Office 31-33 Commercial Road PO Box 1948 Mount Isa, Queensland, 4825
P (07) 4743 1322 | 1800 663 693 F (07) 4743 1140 E [email protected]
Annual Report 2017 - 2018 | 04 This year seems to have been much busier than usual and, in reflection, only one word comes to mind – appreciation. The tireless work undertaken by the dedicated team that makes up QSNTS is invaluable. As Chair, I am eternally grateful for their support in managing the urgent (sometimes unpleasant), but vitally important business of native title in our patch, and our Board of Directors is pleased to work with such dedicated staff who have over the year delivered work above and beyond our BOARD responsibilities in the native title space. While we have only had one positive native REPORT determination this year, our team has been focused on our new directions and the development and production of new tools to deliver to our clients, while simultaneously working on the 21 claims currently in progress.
Tuesday, 28 November 2017, saw us celebrating alongside 250 Traditional Owners in Gladstone as the Federal Court of Australia handed down a positive native title determination for the Bailai, Gurang, Gooreng Gooreng and Taribelang Bunda Peoples. Once again, we see a positive outcome 20 years after the first claim was lodged over traditional lands and waters in the regions of Gladstone and Bundaberg in 1997.
As QSNTS’ workload changes with the needs and aspirations of our current and future Native Title Holders, the Board of Directors along with the Executive and key staff have met, deliberated, planned, negotiated and finally endorsed the invaluable documents that support our new structures. This year, we launched our 2018-22 Strategic Plan with a clear Vision: Right People, Right Country, Right Path. This highlights the strategic priorities that guide the future directions of the organisation. To support our Operational Plan, we have a most valuable complementary QSNTS
05 | Queensland South Native Title Services Services guide which maps out our comprehensive of the first tranche of organisations reviewed. range of services and products that will deliver on The Board and staff met with Nous Group which the specific needs and advance the aspirations of undertook this review on behalf of the DPMC. I our clients and stakeholders. commend the Executive and staff who took this challenge in their stride, adding the workload to I take this opportunity to thank the Board of our day-to-day operational processes. Directors (some new) for their generosity of time and ability to respond almost immediately to This process was a valuable learning one that internal and external issues without complaint. I cemented our knowledge on how we were working acknowledge the many long hours - in meetings, within the sector, and that we had many of the on the phone and in the boardroom - of Deputy issues raised by the review in hand and embedded Chairperson, Bradley Saunders, and Directors, within our new strategic planning process. The Bernie Yates, Pele Bennet and Selwyn Button. Report noted our history of achieving native title In addition, we also welcomed Julie Finlayson and outcomes in a challenging region, that we had Margaret Stephenson as our two new Directors. strong governance, conducted activities in a I add here that the support of Brad as Deputy cost-effective manner with strong financial Chair has been an enormous help to me over the management, had appropriate structures and past year. His knowledge of the community and his decision-making processes in place, and a dedication to the organisation and volunteered time transition process for meeting Prescribed Body on Board Committees has been invaluable. Corporate (PBC) needs. The review showed that our new strategic planning direction was in line I thank our Chief Executive Officer (CEO), Kevin with the needs of our client base and that our tools, Smith, our Principal Legal Officer (PLO), Tim such as the Native Title TraKS agreement database, Wishart, and our Chief Financial Officer (CFO), are invaluable to the sector. Paul Davies, for their support throughout the year and the management of such successful The Implementation and Management Division teams across the organisation. Without them, (IMD) and the support services to PBCs continues our work would be futile. The many hours they put to grow as our new Strategic Plan and QSNTS in on weekends and nights are summarised with Services guide matures. I applaud the staff the words of Tim in that ‘The many challenges who have changed direction seamlessly. Their of working in the native title system all become dedication to the effective and efficient delivery worthwhile when you see Traditional Owners get of services to our current and future Native Title their determination and recognition of what was Holders is commendable, and delivers on the and always will be.’ outcome-focused criteria of the DPMC. The work within the PBC space is expanding and the focus One of those challenges this year was the DPMC’s on service agreements, or ‘Walking Together Performance Review of Native Title Representative Agreements’, is taking shape. Bodies and Service Providers. QSNTS was part
Annual Report 2017 – 2018 | 06 It is very heartening to see Native Title Holders our hosts the Yawuru People for their hospitality exerting their rights to have their local languages and warm welcome to their traditional lands in placed back ‘on’ country. In May 2018, two Broome. I think all attendees would agree that they, significant mountains in central Queensland have the Kimberley Land Council, need to be awarded reclaimed their 60,000-year-old rightful titles, a a prize for the most spectacular view from a main process that negates an ‘oppressive, racist past’. venue ever. It is important that we continue to sing up our Countries’ dreaming stories and song-lines in this Finally, I must acknowledge the loss of one of our way. Congratulations to the Darumbal People in the sector’s leading linguists, who I had the pleasure Rockhampton area in achieving this aim to get back of working with in Birdsville. Dr Luise Hercus left the true history of place. us in April this year in Canberra and will be sadly missed, but forever remembered for her legacy QSNTS remains an active member of the of knowledge and research among Traditional Queensland Representative Body Alliance Owners that will live on for generations to come. (QRBA) which continues to advocate on a state- wide basis for reform on effective engagement As Chairperson, I am deeply honoured on methods with our sector. QSNTS is also an active behalf of the QSNTS Board of Directors to National Native Title Council (NNTC) member and present the Queensland South Native Title recently participated in the reform of the NNTC Services 2017-18 Annual Report, which profiles Constitution, which now embraces the inclusion of the many accomplishments we, our clients, and PBCs into its membership. The QSNTS Executive our colleagues have achieved over this last team undertakes much of this work, and, on behalf financial year. of the Board of Directors, I extend thanks for the work done this year. This advocacy work feeds Yours sincerely directly into the wider responsibilities and positive economic futures of our native title claimants. The submissions to government on the amendments of the NTA and cultural heritage space, and discussions around compensation, both state and federal, and the meetings with our respective Colleen Wall Ministers, are always supported by many hours of Chairperson, Board of Directors data-gathering by our Executive team and their staff. Queensland South Native Title Services
Once again, we end the year by attending the Native Title Conference convened by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS). While we were stunned by the pop-up venue on Cable Beach, we humbly thank
07 | Queensland South Native Title Services During the 2017-18 reporting period, I gave a presentation at a forum of PBCs within the QSNTS region titled “Native Title is Forever: The Need to Play the Long Game”. The presentation was a reflection upon the challenges and jubilation involved with securing native title recognition, but how it is only a step (albeit an important one) in a very long journey which will have many other challenges and opportunities ahead.
The presentation focused on four domains that would assist with long-term PBC and native title sustainability: consolidating the Aboriginal estate; harnessing human capital; building operational CEO proficiency; and embracing compliance. This year’s Annual Report outlines how QSNTS is changing REPORT the way we work, and what new services and products we will provide, to walk with Traditional Owners on that journey toward sustainability.
The Annual Report makes reference to a range of existing and new services and products, and how they are tailored to meet the unique needs of each client to assist with the journey. Our QSNTS Chairperson, Ms Colleen Wall, has provided an excellent summary in her report. I would like to take this opportunity to explain the four domains as all of the QSNTS services and products are aimed at assisting clients to plan and build for the ‘long game’.
The Aboriginal estate is a useful description of all the rights and interests in land and waters that Traditional Owners own, control or have significant influence over. The term encourages us to think of the estate as a composite of many different parts that include all the rights and interests that accrue to the Traditional Owner group. It takes a holistic approach to rights and interest, whether they be exclusive or non-exclusive possession under a native title determination, Indigenous Land Use Agreements (ILUAs) and ancillary agreements; the procedural rights under the future act and cultural
Kevin Smith, QSNTS CEO Annual Report 2017 – 2018 | 08 heritage regimes; and ownership of Aboriginal Staying united as a people is also critical to freehold, ordinary freehold and intellectual property, maintaining native title for current and future or any other rights that may be created by virtue of generations. Therefore, a native title group needs emerging economies such as the carbon economy. to work hard on harnessing its human capital and be mindful of the negative impact that intra- The Aboriginal estate is a mindset, too. It group tension and politics can cause because a encourages Traditional Owners to think and divided house rarely stands long, but a house that behave in relation to their estates as if to boom is inclusive and united is truly a force to be to the world at large: ‘These rights and interests reckoned with. are ours; we will utilise, protect and leverage them as we deem fit, and if you have any business Operational proficiency is understanding the on Country, you will deal with us first, last Aboriginal estate to a level that allows the group to and everything in between’. The power of that be self-operating if it chooses, or at least be able message, however, can be reduced or even lost to ask the right questions of third parties to make if each right and interest, as well as their complex informed and effective decisions. QSNTS’ new interrelationship, is not well understood or properly Strategic Plan, which was launched during the exercised. QSNTS encourages Traditional Owners reporting period, aims to assist clients to build their to understand and use the term ‘Aboriginal estate’ own operational proficiency across many areas that because managing country often goes well beyond may not require external professional assistance. the restrictions of native title and fosters the right mindset to facilitate that change. Becoming operationally proficient enables Native Title Holders to develop capacity to manage their Human capital is arguably the greatest asset own Aboriginal estate. In a competitive world, there Aboriginal people have, regardless of whether will be many who seek to tether dependence for people live on or off Country. Sadly, human nature their own financial gain and do not see it in their and the politics of poverty sometimes blinds us to interest to foster a native title group’s operational the benefits of being inclusive. However, diverse proficiency. Traditional Owners can inoculate views, skills, passions and experiences together against these threats by harnessing human capital forge an invaluable asset in a complex world. as well as using native title management tools, like Harnessing that amazing power is something that Native Title TraKS (QSNTS’ electronic agreement Aboriginal communities have done for millennia. database), to build operational proficiency in a It was also something that needed to be done to structured, supported way that encourages PBCs secure native title in the first place - by proving the to attain self-sufficiency. Many of the services and native title holding group is the ‘body of people products offered under the new QSNTS Services united in the acknowledgement and observance model go to building operational proficiency. of law and custom’.
09 | Queensland South Native Title Services Finally, embracing compliance might sound odd, and, at the same time, be active agents for it – it but the reality is that compliance is the necessary is never easy, but commitment to our clients has pain that needs to be endured to protect and enjoy been the staff’s sole focus, and it has kept us going rights both now and into the future. There are during this period of change. I also thank the many few shortcuts in native title compliance and PBC stakeholders which have worked with QSNTS over corporate governance and, when taken, rarely end the reporting period and which share a common well. With perseverance and targeted support, vision of Indigenous self-determination and land good governance and an organisational culture justice for Traditional Owners. Finally, to our clients, of embracing compliance can be built to make we have always walked with you and will strive managing and leveraging the Aboriginal estate to be more attuned to your current and emerging easier, more efficient and effective in the long-term. needs to lighten the load, navigate the complexity, QSNTS takes compliance very seriously as it is and build new paths for the journey ahead. critical to sustainability, so it is unsurprising that many of the new services and products on offer by QSNTS assist clients with complex governance and compliance regimes.
Many native title groups know these different domains already and I make these points to underscore their importance to sustainability in Kevin Smith a rapidly-changing, complex world. Our clients Chief Executive Officer (CEO) have very much influenced QSNTS’ new service Queensland South Native Title Services offerings discussed in this Annual Report. The messages came through loud and clear in stakeholder feedback surveys and QSNTS has responded to that feedback. QSNTS understands that native title recognition is important, but we also have to assist clients to prepare for the ‘long game’. To that end, QSNTS stands ready, willing and able to assist and to walk with Traditional Owners on that journey.
In conclusion, I have to acknowledge that change can be hard, even when necessary, and I want to thank the Board for its far-reaching vision and supportive leadership over the reporting period. I also make special mention of the great QSNTS staff who have been asked to endure change
Annual Report 2017 – 2018 | 10 QSNTS OVERVIEW
11 | Queensland South Native Title Services BACKGROUND In 1992, the High Court of Australia handed down its decision on the historic Mabo and Others v Queensland (No 2) (Mabo) case, overturning the doctrine of terra nullius and paving the way for Aboriginal and Torres Strait Islander Peoples to gain formal recognition of native title rights and interests over their traditional lands and waters. The NTA is the framework built in the wake of Mabo to bring Traditional Owners’ native title ambitions to realisation.
To assist with this endeavour, a network of native Following the amalgamation, QSNTS came title service providers (NTSPs) and native title to represent one of Australia’s largest regions representative bodies (NTRBs) emerged, recognised of responsibility, covering nearly two thirds of and funded by the Australian Government to perform Queensland. To maintain strong relationships with duties as assigned under the NTA. Traditional Owners throughout its region, QSNTS has regional offices in both Mount Isa and Rockhampton, In the years following the establishment of the in addition to its head office in Brisbane. NTA, Traditional Owners in the southern region of Queensland were assisted by various organisations, QSNTS is governed by a Constitution that confirms but following a number of legislative amendments the company’s objective to provide native title services and reviews, the Australian Government ceased to the Traditional Owners of the land and waters in its funding and recognition for those organisations on statutory region. QSNTS is funded by the Australian 22 June 2005. The Australian Government then Government represented by the DPMC, and is invited QSNTS, registered and limited by guarantee therefore accountable to the Australian Government by the Australian Securities and Investments for its conduct and expenditure. Commission on 2 June 2005, to apply for funding as the NTSP for the southern region of Queensland, which was granted on 7 July 2005.
In 2008, QSNTS was asked by the Australian Government to extend its region of responsibility to encompass the greater Mount Isa region formerly assisted by the Carpentaria Land Council, as well the area previously assisted by the Gurang Land Council.
Annual Report 2017 – 2018 | 12 Section 203BG - Notification LEGISLATIVE QSNTS ensures that notification of proposed activities which relate to the land and waters wholly FUNCTIONS or partly within the region are brought to the attention of Native Title Holders and claimants, and relevant As an NTSP, QSNTS performs the full range of information is given to these persons. statutory services prescribed by the NTA at the request, and for the benefit, of Traditional Owners Section 203BH - Agreement Making with native title claims or potential native title claims QSNTS will participate as a party to ILUAs where within the organisation’s region of responsibility. The appropriate, consulting with and having regard to the statutory services provided by QSNTS in accordance interests of native title claimants. with the NTA are as follows: Section 203BI - Internal Review Section 203BB - Facilitation and Assistance At the request of clients, QSNTS undertakes internal QSNTS conducts the research and preparation of reviews of decisions and actions carried out in the native title applications, and both represents and execution of statutory services, in accordance with facilitates native title-related proceedings. These policies and procedures which govern the internal include consultations, mediation, negotiations and review process. proceedings relating to native title applications, future acts, ILUAs, and any other matter related to native title. Section 203BJ - Other Functions
Section 203BE - Certification QSNTS conducts other functions related to native title that aim to improve the native title system and to QSNTS certifies native title applications and deliver better results for Traditional Owners. Examples applications for the registration of ILUAs. of these functions include advocacy for reform, capacity development, regional research projects, Section 203BF - Dispute Resolution and negotiating agreements with other organisations, QSNTS provides assistance in promoting agreement such as memorandums of understanding (MOUs). between clients regarding native title applications by In particular, QSNTS undertakes regional research conducting consultations, negotiations, mediation projects pursuant to s 203BJ(b). and other related proceedings. QSNTS provides mediation services between client groups regarding native title claim issues such as claim boundary overlaps and shared Apical Ancestors.
13 | Queensland South Native Title Services Our Values STRATEGIC PLAN To achieve our vision and purpose, we adopt a set of values that guide our conduct in all aspects of AND PRIORITIES operations. Those values are:
To guide the effective and efficient delivery of Respect For cultural knowledge, ancient statutory services, QSNTS abides by a Strategic authority and the rights of all Plan set by its Board of Directors and updated Traditional Owners every four years to reflect the changing needs of Traditional Owners progressing through their Honesty To be truthful and ethical, native title journeys. The 2018-22 QSNTS Strategic to demonstrate integrity Plan was formally launched in March 2018 at and professionalism the Southern Queensland Regional PBC Forum, Trust To listen and lead through co-hosted by the DPMC in Brisbane. cooperation, partnership and teamwork Our Vision Fairness To demonstrate impartiality and value diversity of experiences and views Right People, Right Country, Right Path. Accountability To be open and transparent, and Our Purpose exhibit innovation and excellence Walking with Traditional Owners. Strategic Intent Since time immemorial, Traditional Owners have From 2018-22, QSNTS aims to become the walked, protected and cared for their Country with NTSP of choice for Traditional Owners, offering pride, dutifully conveying law, custom and language comprehensive services that provide the right to each successive generation. support at the right time, through every step of the native title journey. In recent decades, native title has added a layer of complexity to the fulfilment of ancient duties Our strategic priorities are: by Traditional Owners, leading to a range of new challenges and modern opportunities. 1. Securing outcomes through recognition of right people for right Country QSNTS will walk together with Traditional Owners in trusting partnerships, providing the support 2. Supporting Traditional Owners to they need to make strong and informed decisions manage Country through every step of the native title journey. 3. Becoming the service provider of choice for PBCs 4. Advocating reform to enhance native title for Traditional Owners.
QSNTS fulfils its functions through a service delivery model founded on the assertion that native title has a vital role to play in delivering recognition and justice for Aboriginal Peoples and Torres Strait Islanders. QSNTS takes an approach that aims to enhance Traditional Owners’ capacity for autonomy by developing a service delivery model based on statutory services, capacity development and reform.
Annual Report 2017 – 2018 | 14 RIGHT PEOPLE RIGHT COUNTRY RIGHT PATH
15 | Queensland South Native Title Services in identifying the claim group, and certifying claim SERVICES lodgement with the Federal Court of Australia.
As part of its effort to become the NTSP of Further information about work undertaken in choice for Traditional Owners on the path to respect of native title claims during the reporting self-determination, QSNTS launched a new period can be found in the Performance Report service delivery model in March 2018, which section of this Annual Report. aims to provide the right support at the right time, through every step of the native title journey. Under this service delivery model, QSNTS offers Future Acts a comprehensive range of products and services A future act is a proposed activity that may under four key categories: Native Title Claims, affect native title, such as mining or exploration Future Acts, Cultural Heritage and PBC Support. activities, compulsory acquisition, tourism and other QSNTS also performs a variety of other functions developments. Under the NTA and the Aboriginal in addition to its key service categories. Cultural Heritage Act 2011 (Qld), a Traditional Owner or Traditional Owner group with a registered native title claim retains certain procedural rights, Native Title Claims including the right for Applicants to be notified and Australian law recognises that Aboriginal and consulted with in respect of future acts that may Torres Strait Islander Peoples have special rights affect their native title rights and interests. and interests over the lands and waters which were occupied by their ancestors at the time of Most future acts are notified under s 24 of the European settlement. These rights and interests NTA. As the NTSP for the southern region of are known as native title and are recognised where Queensland, QSNTS receives future act notices Traditional Owners have continued to practice and and forwards them to the relevant native title claim observe the traditional laws and customs belonging Applicants. QSNTS provides registered Applicants to their people. with assistance to understand the complex process, allowing them to comment on or object to the QSNTS provides legal representation and proposed activities. facilitation assistance to native title claimants by providing consultation, mediation, negotiation, Activities such as mining, petroleum, exploration agreement-making and court appearances relating and compulsory acquisition of land for non- to their native title claims. government parties are notified under s 29 of the NTA. Where a right to negotiate applies, QSNTS QSNTS also assists and facilitates research for, provides a service representing the registered and preparation of, native title claims. This includes native title claim group in negotiation and arbitration seeking evidence to determine ‘right people for of future acts as necessary. right Country’, resolving disputes that may arise
Annual Report 2017 – 2018 | 16 In addition to legal representation, advice Corporate (RNTBC), which also manages native and negotiation services in respect of future title rights and interests on behalf of the Native Title acts, QSNTS assists Traditional Owners with Holders. QSNTS assists both PBCs and RNTBCs understanding the location and impact of a under the umbrella of its PBC Support services. proposed future act, organising meetings with future act proponents, and resolving issues with As part of its commitment to assisting Traditional internal or external stakeholders. Owners with attaining self-determination through native title, QSNTS provides a range of support services for PBCs to help build capacity and Cultural Heritage maximise the opportunities provided through native title. These services include governance The Aboriginal Cultural Heritage Act 2003 (Qld) training, strategic planning, research products extends legal protection to any area or object and assistance with grant applications, compliance, that is significant, or is evidence of historical or and agreement implementation, as well as archaeological significance, to Aboriginal People corporate and administrative support in finance, throughout the state of Queensland. These areas human resources and communications. More and objects are known as ‘cultural heritage’. information about QSNTS’ work with PBCs can Cultural heritage matters are managed by the be viewed in the Performance Report section of registered cultural heritage body for the relevant this Annual Report. area, often the Native Title Holder or registered native title claim group.
QSNTS supports Traditional Owners with Indigenous Land Use Agreements managing cultural heritage by providing legal, An ILUA is a negotiated agreement between negotiation and compliance services, as well as native title groups and other parties (for example, administrative support in organising meetings with government, pastoralists and utility providers) about relevant proponents. the use and management of land and waters in a certain area.
PBC Support ILUAs facilitate the resolution of certain native title issues through a negotiated process as an A PBC is the corporate entity established to alternative to costly and time-consuming litigation represent a Traditional Owner group in business processes. A registered ILUA is legally binding matters, such as future acts, ILUA negotiations, for the parties to the agreement and Native and cultural heritage, before a native title claim Title Holders. has been determined. After a positive native title determination has been made, the PBC becomes QSNTS provides facilitation assistance and recognised as a Registered Native Title Body representation in negotiating, resolving and certifying registration of ILUAs. Further information
17 | Queensland South Native Title Services regarding ILUA negotiations during the reporting 3. Regional Research. The strategic value of period can be found in the Performance Report regional or specific research projects pursuant section of this Annual Report. to s 203BJ are prioritised in circumstances where they may resolve native title across a wider region. This research serves to clarify Reform complex regions that have multiple competing QSNTS is committed to the development of a assertions of native title, as well as regions fair and balanced native title system, making that have one or more adjoining native title advocacy for reform and improvement of native determinations that can be used as ‘neighbour’ title processes and outcomes a necessary function evidence to support new or current claims. of the organisation. To this end, QSNTS takes 4. Claim-Specific Research. This includes every opportunity to engage with reviews of claim-specific research and investigation that administrative frameworks and of both state and arises from, and is consistent with, the s 203BJ federal legislation. research projects referred to in sub-paragraph two above. Further, QSNTS participates extensively in advocacy programs through its membership of 5. Dispute Resolution. This extends to both the QRBA and NNTC. More information about inter- and intra-Indigenous dispute resolution QSNTS’ advocacy activities can be viewed in the pursuant to s 203BJ, with particular priority Performance Report section of this Annual Report. being given to those claims that are subject to trials, or those claims capable of consent determination where connection has been accepted but outstanding Indigenous SERVICE DELIVERY respondent issues remain. 6. Interlocutory Applications. Funding can be PROCESS granted for interlocutory applications to dispose To carry out most of its services as an NTSP, of unmeritorious Indigenous responses where QSNTS must first receive and approve a request dispute resolution (referred to in sub-paragraph for assistance from the relevant Traditional Owner, five) has been unsuccessful. or Traditional Owner group, in accordance with 7. Future Acts. This includes the provision of s 203BB of the NTA. QSNTS assigns resources to limited future act legal advice, representation funding requests in the descending order of priority and assistance. provided below (noting that some lower order activities may require action before a higher order While the order of priority for resource allocation activity can be addressed): remains the same, the balance in volume of services delivered by QSNTS has shifted in 1. Native Title Claims. All claims filed with the recent years due to the growing number of Federal Court must accord with credible native title determinations made within its service evidence, and are handled either in-house boundaries. Since the 2008 amalgamation, 22 or otherwise briefed out to competent, ethical Traditional Owner groups have attained a native practitioners. The amount of resources title determination in the southern and western allocated, as well as other factors such as regions of Queensland, 15 of which were assisted logistics, are associated with the size and by QSNTS. Consequently, QSNTS has adapted location of the native title claim group. its operations to better meet the changing 2. PBC Support. PBC support includes needs of Traditional Owners, transitioning from preparation and circulation of meeting a claims-based organisation to one which also notices, assistance with meetings, and supports Traditional Owners long after a positive basic advice around the legal effect of determination has been made. ILUAs and/or determinations.
Annual Report 2017 – 2018 | 18 ORGANISATIONAL STRUCTURE Board of The organisational structure Directors for QSNTS as at 30 June 2018
Chief Executive Officer
Chief Financial Officer
Human Resources Manager Senior Corporate Services Officer
Executive Assistant Events Media and Finance Human Resource Records Officer/s Communications Officer/s Officer/s Officer/s Receptionist/s Coordinator
19 | Queensland South Native Title Services DEPARTMENT KEY:
BOARD OF CORPORATE IMD LEGAL DIRECTORS EXECUTIVE
Principal Legal Officer
Deputy Principal Deputy Principal Deputy Principal Deputy Principal IMD Manager Legal Officer Legal Officer Legal Officer Legal Officer (IMD) (Claims) (Claims) (Claims)
IMD Support Officer/s Legal Officer/s Legal Officer/s Research Officer/s Paralegal/s Legal Officer/s Legal Officer/s Legal Officer/s (Special Projects) Community Future Acts Paralegal/s Paralegal/s Paralegal/s Relations Officer/s Administration Paralegal/s Officer/s
Annual Report 2017 – 2018 | 20 The IMD focuses on continuity of client support throughout the native title journey, from research STRUCTURE through to post-determination. It comprises research officers, community relations officers, legal QSNTS is governed by a Board of Directors, officers and paralegal officers to support Traditional which provides high-level strategic direction to the Owners in respect of future acts, ILUAs, and the Executive team comprised of the CEO, CFO and establishment and development of functional PLO. Further information regarding the QSNTS PBCs as required under the NTA. Importantly, the governance structure can be found in the Corporate IMD commences work with Traditional Owners Report section of this Annual Report. while their associated native title claim is on foot, ensuring the claimant community is prepared to The CFO is responsible for non-operational manage their native title rights and interests once activities within QSNTS, including corporate their claim has been determined. support undertakings such as event planning, financial management and stakeholder engagement. With the implementation of the IMD, the annual More information about QSNTS’ corporate support QSNTS Operational Plan now encompasses activities can be viewed in the Corporate Report milestones to be accomplished in both native title section of this Annual Report. claims, and in PBC support activities.
The PLO is responsible for operational activities within the organisation, which are carried out under two major service delivery teams - the Legal team which is responsible for native title claims and special projects (such as respondent matters), and the IMD, which is responsible for PBC support and regional research projects.
21 | Queensland South Native Title Services The Deputy Principal Legal Officers (DPLOs) and IMD Manager report regularly to the PLO OPERATIONAL on milestone achievements and the Executive team then reports to the Board of Directors PLAN on operational progress in terms of outcomes, outputs and finances at each At the service level, when a request for assistance quarterly Board meeting. Reporting against has been accepted by QSNTS in accordance with key deliverables in the Operational Plan is a s 203BB of the NTA, an appropriate team of staff standing agenda item of all Board meetings, is assigned according to the skills and experience and the Board signs off on the Operational needed to undertake the project to completion. Plan and any subsequent variation.
Once a team has been assigned, a project plan (a For this reporting period, the annual QSNTS case management plan for native title claim work, Operational Plan was delivered to the DPMC and a PBC management plan for PBC support on 26 May 2017. work) is developed, encompassing workflow factors such as milestones, time frames, and budgets.
The Executive team then endorses and approves each project plan and moderates resource allocation based on the QSNTS prioritisation principles provided above, while the CFO assesses each project to determine a budget. Once finalised, project plans are then consolidated into the annual QSNTS Operational Plan, which forms a critical document in how QSNTS measures its performance in relation to its funding agreement with the DPMC.
Annual Report 2017 - 2018 | 22 PERFORMANCE REPORT
23 | Queensland South Native Title Services CLAIMED AND DETERMINED AREAS
Annual Report 2017 - 2018 | 24 REVIEW OF PERFORMANCE In the 2017-18 reporting period, QSNTS assisted one native title claim group with achieving a positive determination by consent, and, as at 30 June 2018, represents 21 claims still on foot in the Federal Court of Australia. QSNTS also provides PBC support services and products to 20 Traditional Owner groups at varying stages of the native title journey. QSNTS continues to expand its operations to assist Traditional Owners following a native title determination, which has underpinned an increase in future act activity undertaken in partnership with clients in the southern Queensland region. These activities and outcomes are highlighted on the following table.
25 | Queensland South Native Title Services Outputs 2017-18
Facilitation and Assistance Number
QSNTS Claims Experience
Total active claims within the region as at 1 July 2017 32 Native Title Claims Represented by QSNTS as at 1 July 2017 25 Plus claims filed by QSNTS 0 Less claims determined 2 Less claims dismissed (represented by QSNTS) 0 Ceased to act 2 Plus or less any other (consolidated) 0 Active claims represented as at 30 June 2018 21 QSNTS as respondent 2 Claims in development 5 Non-claimant applications 11 Discontinued/resolved non-claimant applications 3 Compensation claims 3 S 203BJ(b) region research projects 4 QSNTS Agreement Experience Future acts notices received 2088 Responses to future acts Agreements concluded 527 Agreements in development 98 ILUAs concluded and registered 3 Complaints and Disputes Complaints received 6 Complaints resolved 6 Complaints pending resolution 0 Requests for Review of Decisions Not to Assist Requests received 1 Reviews completed 1 Petitions overturned on internal appeal 0 Requests for External Review of Decisions Not to Assist Requests received 1 Requests resolved 0 Requests pending resolution 1 QSNTS decisions affirmed 0
Annual Report 2017 – 2018 | 26 Mandandanji People CONSENT By consent of the parties, the Federal Court of Australia determined on 7 March 2018 that native DETERMINATIONS title does not exist in the Mandandanji People’s native title claim area. Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda Peoples The Bailai, Gurang, Gooreng Gooreng and CURRENT Taribelang Bunda Peoples were formally recognised as Native Title Holders over approximately 420,594 hectares of land and waters following a consent CLAIMS determination hearing held in Gladstone on 28 November 2017. Barada Kabalbara Yetimarala People The Barada Kabalbara Yetimarala (BKY) People The Federal Court of Australia heard the matter on have filed two native title determination applications Country at the Gladstone Entertainment Convention in the Federal Court, both of which have remained Centre, where Justice John Dowsett delivered the at the same stage of the native title process in this positive consent determination before a gathering reporting period. BKY #2 is wholly overlapped of more than 250 Traditional Owners together with the Darumbal People native title determination celebrating formal recognition some 20 years after application. The State of Queensland provided first claims of native title were made in 1997. its response on connection in late 2017, and the Applicant was provided an opportunity to prepare The claim area boundary extends from south of further material which has been the focus of Bundaberg up to Raglan Creek in the north, and this reporting period. Such further material was from Monto in the west to the eastern coastline, filed in the Court and served upon the State of spanning parts of the Bundaberg, North Burnett Queensland, and the State is due to provide its and Gladstone Regional Councils. It encompasses further response on connection in November 2018. the two metropolitan centres of Gladstone and Bundaberg, making it a rare feat of accomplishment in native title. Butchulla Land and Sea Claim #2 During this reporting period, the Butchulla People QSNTS congratulates the Bailai, Gurang, Gooreng continued to progress their claim over the Fraser Gooreng and Taribelang Bunda Peoples on the Coast mainland region and the Straits against outcome of their native title claim. an agreed indicative timetable towards a positive consent determination of native title. The parties anticipate a final consent determination hearing
Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People
27 | Queensland South Native Title Services of the matter in April 2019. The Applicant also Darumbal People (Part B) completed negotiations with Yougro Pty Ltd over Part A of the Darumbal People’s native title the terms of an ILUA in relation to a parcel of determination application was determined by land in Takura near Toogoom. The ILUA is to be consent on 21 June 2016. tabled before the claim group for authorisation in September 2018. Part B of the Application is the subject of an overlap with the BKY#2 application. The Darumbal and Butchulla People - From the IMD BKY#2 Applicant reached agreement in principle QSNTS assisted the Butchulla Applicant to engage to resolve the overlap in August 2017. Material with a number of proponents to protect their cultural in support of the Darumbal People’s application heritage. This assistance included the facilitation was filed in May 2018 and the State has indicated of a meeting between the Applicant and local it expects to be in a position to respond to the government to discuss cultural heritage protection, material in September 2018. communication processes and development of a respectful working relationship. The meeting Gamilaraay People with local government included a site visit to an important Butchulla cultural site, which assisted the A native title determination application was filed Applicant to demonstrate the importance of the site on behalf of the Gamilaraay People on 12 June to the Butchulla People. This resulted in the local 2017 and was entered on the register of native title government amending a master plan to ensure the claims on 20 November 2017. The notification day area remains clear of development. of the application was 27 December 2017.
The application is currently in the advanced Danggan Balun (Five Rivers) People research phase and an expert connection report An application on behalf of the Danggan Balun will be finalised in the second half of 2018. The (Five Rivers) People was filed on 27 June 2017 collection of lay witness statements has also and entered on the register of native title claims commenced, and a timetable for providing the on 14 September 2017. The notification day of connection material has been agreed with the the application was 29 November 2017. The State. The application is listed for its first case application will now enter the advanced research management hearing on 3 August 2018. stage with the preparation of a connection report and lay witness statements. The timetable for providing the connection material to the State is September 2019.
The application is listed for its first case management hearing on 3 August 2018.
Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People
Annual Report 2017 – 2018 | 28 Gunggari People #4 The notification period for the Application concluded on 13 September 2017 and the During the reporting period, the State confirmed application was listed for its first case management willingness to progress the Gunggari #4 claim hearing on 6 February 2018. Following a case towards a consent determination, and progress to management conference on 29 March 2018, that end is taking place in accordance with a Court the Applicant, in consultation with the State, timetable. Steps completed during the reporting will prepare a timetable for the provision of period include the collection of further evidence connection material. to address connection issues identified by the State, agreement on the rights and interests to be recognised in the determination, and preliminary Kabi Kabi First Nation - From the IMD discussions with regards to claim resolution ILUAs. QSNTS and a consultant worked with the Kabi Kabi Pursuant to the court timetable, the parties are Applicant to hold workshops for the development of working towards achieving a consent determination a strategic plan for the Kabi Kabi to implement their by mid-2019. long-term visions for managing their Country.
Kabi Kabi First Nation To assist the Kabi Kabi claim group with the The Kabi Kabi First Nation Traditional Owners creation of a PBC leading up to their consent native title determination application was filed on determination, QSNTS held a number of roadshows 31 May 2013. In July 2016, both the State and throughout the 2017-18 financial year to, among Commonwealth agreed to enter into negotiations other things, consult with the broader Kabi Kabi towards a consent determination, subject to claim group on the establishment of their PBC. conditions. A timetable has been agreed between QSNTS collated information from the road show to the parties setting out the steps required to draft a Rule Book refining particular rules through progress the Application towards a consent meetings with the Applicant. QSNTS also facilitated determination at the end of 2019. governance training for the Applicant.
Koa People Kabi Kabi Undambi Area Claim The Koa People’s native title claim was filed on The Kabi Kabi Undambi Area native title application 16 July 2015. From 21-25 May 2018, the Applicant was filed in the Federal Court of Australia on 5 and the State jointly conducted an on-Country December 2016 and entered on the register of evidence process (OCEP) during which witnesses native title claims on 30 March 2017. The Kabi Kabi gave evidence of their ongoing laws and customs Undambi Area claim was authorised to mirror the and connection to Koa Country at various sites Kabi Kabi First Nation Traditional Owners claim. across the claim area. From the perspective of the Applicant, the OCEP was a useful and innovative
Darumbal People
29 | Queensland South Native Title Services approach to resolving connection issues with Mardigan People the State. With the exception of some pastoralist In the 2017-18 financial year, the State indicated respondents, the State and remaining respondents it would not consent to the Mardigan People’s have accepted the Koa People’s connection to native title claim progressing towards a consent Country. The Koa People continue the fight for determination, and as such, the claim will be recognition of their native title. finalised through an alternative settlement. The alternative settlement negotiations will involve a Koa People - From the IMD determination that native title does not exist in QSNTS worked with the Koa Applicant to exchange for certain benefits. While a negative commence development of a Rule Book for their determination is a disappointing outcome, QSNTS proposed PBC. QSNTS also acts for the Koa and the Applicant are working together to achieve People in future act and cultural heritage matters, tangible benefits for the Mardigan People through negotiating agreements and facilitating relationships the negotiation process. During the reporting between proponents and the Applicant. period, the Mardigan legal team have met with the claim group to discuss the alternative settlement Kunja People process, and negotiation of the alternative settlement is being carried out pursuant to a court In this reporting period, the Kunja People authorised timetable. QSNTS has also been working with the amendments to the native title claim application Applicant to facilitate a consultation process with originally filed on 17 July 2015. Such amendments claimants to set up a corporation. included changing the Applicant and reducing the external boundaries of the claim to the south- Mitakoodi and Mayi People eastern quadrant of the claim area. The Applicant filed an amended application with leave of the Court In this reporting period, QSNTS ceased acting on in April 2018. behalf of the Mitakoodi and Mayi People in their native title claim. Mediation with indigenous respondents asserting a Murrawarri identity occurred in April 2018, however Quandamooka Coast Claim issues with such respondents have yet to resolve. The Quandamooka Coast Claim native title The Kunja Applicant is due to provide its determination application is currently progressing connection material to the State for assessment in accordance with an agreed timetable for by November 2018. progressing preliminary matters. The Applicant’s connection material is due to be provided to the State by December 2018.
Gunggari People
Annual Report 2017 – 2018 | 30 Quandamooka People #4 (Mulgumpin Claim) Wakka Wakka People #4 This is the Quandamooka People’s native title The Wakka Wakka #4 claim is opposed by three determination application over Mulgumpin (Moreton Indigenous respondents and is overlapped by the Island). The Applicant, the State and other Wulli Wulli #3 claim. In October 2017, orders were respondent parties have been engaged in extensive made to ‘split’ the Wakka Wakka #4 claim. negotiations towards a consent determination since September 2016. Parties have been guided by an Part A of the Wakka Wakka #4 claim is agreed timetable and there remains only a small uncontested by the Indigenous respondents and number of outstanding matters. The Mulgumpin the Wulli Wulli People, and the State has accepted claim has been listed for a consent determination the Wakka Wakka People’s connection to the Part hearing on Country in March 2019 before the A area. As such, this part of the claim is progressing Honourable Justice Rangiah. towards a consent determination which is intended to be determined at the same time as the Wakka Wakka #3 claim. Wakka Wakka People #3 This matter is progressing towards a consent After several unsuccessful attempts to have the determination with steps being completed pursuant dispute with the Indigenous respondents resolved to a court timetable. The Wakka Wakka legal team by the Federal Court over the Part B area, the and the other parties are working towards achieving Wakka Wakka Applicant, the Wulli Wulli #3 this determination early in 2019. Applicant and the Indigenous respondents agreed to have their disputes resolved in an alternative The steps that have taken place over the reporting dispute resolution process. On 6 February 2018, period include agreement on the native title rights the Federal Court appointed former Justice and interests to be recognised in the native title Mansfield and expert anthropologist Kim McCaul to determination, assessment of tenure to determine provide a report focused on answering questions which parcels of land will be included in the relevant to the dispute. The findings in this report consent determination orders, the negotiation and will inform the next steps for the Wakka Wakka finalisation of an ILUA with the Gympie Regional People’s claim to the Part B area. Over the report Council, the commencement of negotiations for period, the Wakka Wakka legal team have been an ILUA with the State, and consultation with the collecting evidence in support of the Wakka Applicant and the claim group with regards to the Wakka People’s claim to the Part B area, and this PBC. QSNTS team members have met with the evidence has been used in the alternative dispute Applicant regularly to seek instructions about the resolution process. steps outlined above, and claim group meetings have been held to discuss the ILUAs.
Quandamooka People
31 | Queensland South Native Title Services Wakka Wakka People - From the IMD a broad cross section of claim group members to collect the evidence needed to address the QSNTS has assisted the Wakka Wakka People issues identified by the State, and additional expert with the negotiations of cultural heritage anthropological material is also being prepared for management plans and processing future act provision to the State. The State’s response to this notifications. QSNTS has also worked with additional material will influence whether this matter the Applicant to hold a number of family group can progress to a consent determination. The meetings to consult on Rule Book matters for a State’s response to the additional material is due Wakka Wakka PBC. on 8 October 2018. QSNTS has also assisted the Wakka Wakka #3 Applicant and a specific Applicant ILUA negotiation The Wangkamahdla claim also overlaps a non- committee to commence negotiations with the claimant application filed by Gibson Grazing Cherbourg Aboriginal Shire Council and the over the Sandringham pastoral property. Gibson Department of Aboriginal and Torres Strait Islander Grazing is seeking a determination that native title Partnerships towards a Township ILUA does not exist over the Sandringham property. or the Cherbourg Deed of Grant in Trust area. Negotiations between Gibson Grazing and the Wangkamahdla Applicant are ongoing with assistance from QSNTS. Wangan and Jagalingou People In July 2017, the Court made orders to progress Western Kangoulu People the Wangan and Jagalingou People’s application towards a hearing on connection. Further evidence In this reporting period, QSNTS ceased acting on in the form of expert reports and witness statements behalf of the Western Kangoulu People in their was filed in this reporting period, and a conference native title claim. of experts was convened by the Court on 21 and 22 March 2018. On 17 May 2018, Justice Jagot Woppaburra People ordered that a further conference of experts be convened on or before 31 August 2018. Filed on 8 November 2013, the Woppaburra People’s claim encompasses the Keppel Islands and surrounding waters off the coast from Wangkamahdla Nation Rockhampton. Throughout this reporting period, On 31 August 2017, an anthropological report and further anthropological and lay evidence has a number of witness statements were provided been prepared in support of the Woppaburra to the State, which assessed the material and claim. Connection evidence has been provided indicated that it requires additional evidence to in tranches to the State and the Commonwealth, address some of the concerns and queries it has and the Woppaburra People continue the fight for about the claim. QSNTS is currently meeting with recognition of their native title.
Quandamooka People
Annual Report 2017 – 2018 | 32 Yuggera Ugarapul People Yuwaalaraay/Euahlayi People - From the IMD An application on behalf of the Yuggera Ugarapul In this reporting period, QSNTS supported the People was filed on 20 April 2017 and entered Yuwaalaraay/Euahlayi People to engage with a on the register of native title claims on 4 August proponent to protect cultural heritage, and the 2017. The notification period for the application Applicant was provided with information on setting concluded on 3 January 2018, and the application up a PBC. was listed for its first case management hearing on 6 February 2018. QSNTS AS The application will now enter the advanced research stage with the preparation of a connection report and lay witness statements. The timetable RESPONDENT for providing connection material to the State is Tanya Kum Sing September 2019. In this matter, members of a claim group brought an action against QSNTS seeking orders for the Yuwaalaraay/Euahlayi People delivery of research material generated by QSNTS The Yuwaalaraay/Euahlayi native title claim through its s 2013BJ(b) function. The matter was was filed on 23 January 2017 and registered resolved without a court-imposed outcome. by the National Native Title Tribunal (NNTT) on 5 May 2017. Connection material is currently Wongkumara being collected, including expert anthropological research and witness statement. This has involved QSNTS remains a respondent to this claim which extensive field work by QSNTS’ research and is programmed for trial. QSNTS’ main concern legal team with Yuwaalaraay/Euahlayi People has been to ensure the claim group description is over the reporting period. This connection material reflective of those supported by the evidence as is due to be provided to the State on 10 August being claimaints. 2018, and the State is required to provide a response to this material on 31 October 2018, Although the Applicant has conceded the claim which will influence if this matter can progress group description in question, QSNTS has to a consent determination. remained a party because there have been three overlapping claims lodged (and dismissed or withdrawn. A South Australian group has also notified an interest in the claim area and QSNTS has been assisting with this matter through the exercise of its s 203BF function.
Woppaburra People
23 33 | Queensland South Native Title Services Wulli Wulli People #2 A draft report is expected in November 2018 considering the entire Cooper Diamantina Research QSNTS successfully made an application to Area. Interviews are planned to occur in September the Court to be joined as a respondent party and October 2018. to Wulli Wulli People #2 application in August 2017. QSNTS joined as a respondent to, in the performance of its statutory functions, identify and Darling Downs protect the interests of persons who may hold The Darling Downs Regional Research Project is native title in the area of the application. conducted under s 203BJ(b) of the NTA. This very complex area is the subject of much extinguishment by tenure grants and has previously been the OTHER subject of a number of native title determination applications that were dismissed. Currently, the research phase is near completion and the LITIGATION authorisation of a claim is expected within the 2018-19 financial year. Kemppi v Adani In this matter, members of a native title claim group Gilliat Flinders sought declarations impugning a certificate signed The Gilliat Flinders research project is located in by the QSNTS CEO in undertaking the s 203BE north-west Queensland and includes portions of function. Various bases for impugning the certificate the Flinders and Cloncurry Rivers. The current were heard at a four-day hearing in March 2018. Mitakoodi and Mayi People #5 native title As at 30 June 2018, the judgement on this matter determination application is within the research remains reserved. area. Research was temporarily suspended during part of the reporting period due to litigation RESEARCH associated with the Tanya Kum Sing proceeding. Southern Downs Cooper Diamantina The Southern Downs research project started The Cooper Diamantina research area is located in late 2017 and is a continuation of the South in the Channel Country taking in Lake Yamma East Regional Research Project (SERRP) that Yamma, portions of Cooper Creek, Whitula Creek, investigated part of the Sothern Downs area Farrers Creek and the middle portions of the at a preliminary level. The external boundary of Diamantina River. the Southern Downs Research area covers the townships of Millmerran, south of Toowoomba, Consultant Kevin Mayo was engaged in May 2018. Warwick, Stanthorpe, Inglewood and Texas Due to two non-claimant applications that were amongst others towns. recently filed to the Federal Court, initial focus was given to an area of country between Cooper Creek and the Mithaka native title determination area. The township of Windorah is located inside this focus area. Kevin Mayo provided a draft report in July 2018 considering both ethno-historical material as well as interviews.
24 Annual Report 2017 – 2018 | 34 The aim of the project is to identify whether there is sufficient historical and contemporary evidence to support one or more claims and to identify suitable NATIVE TITLE areas for potential claims, if any. CORPORATIONS A number of small meetings have been held with families that have expressed an interest in part Bigambul Native Title Aboriginal Corporation of the research area. Additionally, two rounds of The Bigambul Native Title Aboriginal Corporation interviews have been conducted, the first in March RNTBC is the trustee PBC for the Bigambul and the second in August 2018 with a number People’s determination of native title. In this of individuals identified in the course of the reporting period, QSNTS provided PBC support research or recommended by family members services to the Bigambul Native Title Aboriginal as knowledge people. Corporation RNTBC, which included the facilitation of strategic planning workshops resulting in a Currently, QSNTS is in the process of planning a strategic plan, governance training, and review third round of interviews that will focus on visits to and amendment of the Rule Book. Comprehensive places and sites of significance. After this last policies and procedures were provided to the leg of field work QSNTS will receive the first draft Board and will be finalised with the Board in the of the research report by consultant anthropologist next reporting period. Support was provided Kim McCaul due in December 2018. to negotiate and finalise a cultural heritage management plan. After an assessment of the findings and recommendations made by the consultant QSNTS also assisted the Bigambul Native anthropologist, the QSNTS legal team will consult Title Aboriginal Corporation RNTBC to facilitate with participating families and individuals in 2019 Board and other meetings. QSNTS has provided to advise on next steps. assistance with logistics for meetings, including legal and community support at Directors’ meetings. St George Research Project
The St George Regional Research Project has Boonthamurra Native Title resulted in the authorisation of two registered Aboriginal Corporation claims within the research area. An unclaimed area The Boonthamurra Native Title Aboriginal remains around the town of St George and is now Corporation RNTBC is the trustee PBC for the the focus of the project, which is being conducted Boonthamurra People’s determination of native title. under s 203BJ(b) of the NTA. In the past, QSNTS provided PBC support services to Boonthamurra Native Title Aboriginal Corporation RNTBC, but during this reporting period, the
L to R: Boonthamurra People, Boonthamurra People and Budjiti People
35 | Queensland South Native Title Services corporation also engaged QSNTS to act in future With assistance from QSNTS and engaged acts matters, as well. consultants, the Board has been working towards completing a strategic plan and the development QSNTS assisted the corporation to hold a Special of policies and procedures to be adopted in the General Meeting, which saw their Rule Book to near future. The endorsement of the strategic plan better suit their business operations. QSNTS also and policies and procedures will assist in the good assisted with the group’s Annual General Meeting governance and operation practices of the Budjiti (AGM) and a number of Directors’ meetings. Aboriginal Corporation RNTBC.
Following engagement as the corporation’s legal QSNTS continues to provide legal assistance representatives in future acts, QSNTS has worked and support to the Directors in negotiating closely with the Board to engage with proponents agreements with proponents for small-scale and finalise small mining agreements, as well as mining matters and carbon-farming agreements. undertake negotiations with new proponents. The This includes support with compliance of the Board commenced negotiating a carbon farming consultation and consent requirements for native agreement, with QSNTS’ assistance. title decisions and assistance with ongoing agreement implementation matters. QSNTS also facilitated strategic planning workshops and governance training for the Applicant. Bularnu Waluwarra Wangkayujuru Native Title Aboriginal Corporation The Bularnu Waluwarra Wangkayujuru Aboriginal Budjiti Native Title Aboriginal Corporation Corporation RNTBC is the trustee PBC for The Budjiti Aboriginal Corporation RNTBC is the the Bularnu Waluwarra Wangkayujuru People’s trustee PBC for the Budjiti People’s determination determination of native title. In 2017-18, QSNTS of native title. In 2017-18, QSNTS assisted the assisted the Bularnu Waluwarra Wangkayujuru Budjiti Aboriginal Corporation RNTBC to facilitate Aboriginal Corporation RNTBC by facilitating Board and other meetings. QSNTS also provided facilitating Board and other meetings. QSNTS assistance with logistics for meetings, including also liaised with the Office of the Registrar of legal, community and administrative support at Indigenous Corporations (ORIC) convene the directors’ meetings, a members’ meeting and Native group’s 2017 AGM. Title Holders’ meetings.
L to R: Budjiti People, Bularnu Waluwarra and Wankayujuru People, Bularnu Waluwarra and Wankayujuru People Annual Report 2017 – 2018 | 36 Darumbal Native Title Aboriginal Corporation Kalkadoon Native Title Aboriginal Corporation The Darumbal People Aboriginal Corporation The Kalkadoon Native Title Aboriginal Corporation RNTBC is the trustee PBC for the Darumbal RNTBC is the agent PBC for the Kalkadoon People’s People’s determination of native title. QSNTS determination of native title. QSNTS assisted the has been assisting the corporation with the Kalkadoon Native Title Aboriginal Corporation implementation of claim resolution ILUAs and, RNTBC in the 2017-18 period through the facilitation specifically, transfer of land from the State to the Board and other meetings. This assistance included PBC. QSNTS also facilitated strategic planning logistics for meetings, covering legal, community and workshops and governance training for directors. administrative support at meetings held during the reporting period.
The First Nations Bailai, Gurang, Gooreng QSNTS also assisted the Board with the Gooreng, Taribelang Bunda Aboriginal development of a strategic plan through a strategic Corporation RNTBC planning workshop, as well as a set of policies and The First Nations Bailai, Gurang, Gooreng procedures which was submitted to the Board Gooreng, Taribelang Bunda Aboriginal for review. Human resource assistance was also Corporation RNTBC is the trustee PBC for the provided with the recruitment of an office coordinator Bailai, Gurang, Gooreng Gooreng, Taribelang for the group, and ongoing support in this area. Bunda People’s determination of native title. QSNTS provided minor PBC support services to Legal assistance and support was also provided the corporation on governance and compliance. to the Directors in negotiating agreements with numerous proponents for mining and exploration. Such support included assistance with compliance Gunggari Native Title Aboriginal Corporation with the consultation and consent requirements for The Gunggari Native Title Aboriginal Corporation native title decisions and assistance with ongoing RNTBC is the trustee PBC for the Gunggari agreement implementation matters. People’s determinations of native title. QSNTS has provided some PBC support services to the Gunggari Native Title Aboriginal Corporation Kooma Native Title Aboriginal Corporation RNTBC in this reporting period, including a The Kooma Aboriginal Corporation RNTBC is the review of the Rule Book, as well as strategic trustee PBC for the Kooma People’s determination planning workshops and governance training of native title. In addition to meeting support, QSNTS for Directors. also facilitated strategic planning workshops and governance training for the Kooma Aboriginal Corporation RNTBC in this reporting period.
L to R: Darumbal People, Gunggari People, Kooma People
37 | Queensland South Native Title Services QSNTS acts for Kooma in future act matters, and Mithaka Aboriginal Corporation successfully negotiated and finalised a carbon The Mithaka Aboriginal Corporation RNTBC is a farming agreement in the 2017-18 financial year. trustee PBC for the Mithaka People’s determination Assistance is also provided to the Kooma Aboriginal of native title. QSNTS provided some PBC support Corporation RNTBC for the implementation of services to the Mithaka Aboriginal Corporation ILUAs negotiated as part of their native title consent RNTBC in this reporting period, including a review determination, including a transfer of land to provide of existing agreements, as well as strategic planning tangible assets to the corporation and equip the workshops and governance training for Directors. group to capitalise on native title outcomes.
Kullilli Bulloo River Native Title Yulluna Aboriginal Corporation Aboriginal Corporation The Yulluna Aboriginal Corporation RNTBC is the The Kullilli Bulloo River Aboriginal Corporation trustee PBC for the Yulluna People’s determination RNTBC is the trustee PBC for the Kullilli People’s of native title. QSNTS assisted the Yulluna PBC determination of native title and maintains a high throughout the 2017-18 period in facilitation of its level of independence and self-determination. AGM and compliance obligations. The Kullilli Bulloo River Aboriginal Corporation RNTBC has an office space with an employee, and when requested, QSNTS provides legal advice to the Board on past agreements, governance matters, and negotiations toward carbon farming agreements. QSNTS also facilitated strategic planning workshops and governance training for the Board.
Notably, the corporation has also been working with the QSNTS CFO to implement financial policies and procedures which will enable the Kullilli Bulloo River Aboriginal Corporation RNTBC to hold and administer their own funding from the DPMC.
L to R: Kullilli People, Mithaka People, Yulluna People
Annual Report 2017 – 2018 | 38 FUTURE LEGEND Legend: Tenement Type
ACTS ACTIVITY ATP/EPP Authority to Prospect
In the 2017-18 reporting period, QSNTS continued EP Expedited Procedure providing support to clients dealing with future acts EPC Exploration Permit for Coal in relation to their native title claim areas. EPM Exploration Permit for Minerals NOTIFICATIONS MDL Mineral Development License MC Mining Claim Total s 24 Notifications Received 1372 ML Mining Lease Total s 29 Notifications Received 406 PL Petroleum Lease Total Other Notifications Received 310 RTN Right to Negotiate SP Sales Permit SECTION 29 NOTIFICATIONS
Number of Notices Total Number of Notices Type Tenement Type (Groups Represented Received by QSNTS) EP RTN ATP/EPP 0 0 0 0 EPC 1 0 1 0 EPM 155 46 142 13 MDL 3 1 2 1 MC 210 14 0 210 ML 22 8 0 22 PL 2 0 0 2 PP 13 13 13 0 SP 0 0 0 0 Total 406 82 158 248
39 | Queensland South Native Title Services OBJECTION APPLICATIONS
Objection Application Status Number of Applications
Objection Applications Lodged 34 Finalised Objection Applications 63
AGREEMENT MAKING
Negotiations Negotiations Active Tenements Negotiations Commenced Finalised Negotiations Abandoned
ATP 0 0 3 0 EPM and EPC 29 59 12 9 ML 4 11 8 0 MDL 0 0 0 0
MC 18 527 75 12 Total 51 597 98 21
ILUAS
Total Number of ILUAs Registered within QSNTS Region in the Reporting Period 7
Total Number of ILUAs Notified within QSNTS Region in the Reporting Period 0 GRANT FINANCIAL PERFORMANCE REPORT EXPENDITURE ($)
QSNTS Actual Budget Actual Variance Functions 2016-17 2017-18 2017-18
Capital 168,613 110,000 55,698 54,302 Activities 7,159,642 8,916,809 7,284,674 1,632,135 Corporate 3,090,655 3,627,197 3,445,707 181,490 Commitments 1,418,176 1,162,145 1,017,328 144,817 Total 11,837,086 13,816,151 11,803,407 2,012,743
Annual Report 2017 – 2018 | 40 Applying this information to its operational practices, QSNTS developed QSNTS Services, ORGANISATIONAL a service delivery model focused not only on successful claim prosecution, but also on the CAPABILITY effective management and implementation of native title rights and interests after a determination QSNTS is committed to being a service provider has been made. of choice for Traditional Owners throughout the native title journey. To this end, QSNTS works QSNTS Services reflects a whole-of-client continuously to review and improve its operations approach that provides Traditional Owners with to better meet the changing needs of its clients. access to legal, research and corporate support The 2017-18 financial year marked a significant services through a single entity renowned for its milestone in this endeavour, with the launch of a knowledge and expertise as an NTSP in the field new service delivery model that recognises the of native title. widespread transition of Traditional Owners from native title claimants to Native Title Holders. The model facilitates flexibility in how QSNTS uses the skills available within the organisation by offering its services under four key areas: Native QSNTS Services Title Claims, Future Acts, Cultural Heritage and PBC Support. To identify which of the services Following the DPMC’s implementation of an within each area best reflect the unique needs and outcomes-based funding model focused on aspirations of the Traditional Owner group, QSNTS supporting Traditional Owners after a native works closely with its clients at the earliest possible title determination has been made, QSNTS opportunity to develop a plan for service delivery commenced a strategic planning process to as agreed between both parties. adjust its operational capacity and extend support to Traditional Owners at all stages of the native Through this service delivery model, QSNTS can title journey. walk together with Traditional Owners through every step of the native title journey. A core component of this process was stakeholder consultation through face-to-face meetings with Together with the QSNTS Strategic Plan for PBCs and a Client and Stakeholder Satisfaction 2018-22, QSNTS Services was launched in March Survey, which gleaned informative feedback about 2018 at the Southern Queensland Regional PBC the products and services sought by Traditional Forum hosted by the DPMC in Brisbane, which Owners to support them at various stages of the attracted a delegation of approximately 50 PBC native title process. and government stakeholders. QSNTS Services received widespread positive feedback and interest from Traditional Owners, and as at 30 June 2018,
41 | Queensland South Native Title Services consultations had commenced between QSNTS and three Traditional Owners groups toward Governance Training entering into an agreement for services, while QSNTS has provided PBC directors with another eight are scheduled to take place before the opportunity to participate in a governance the conclusion of the calendar year. training program facilitated by Shane Carroll, covering various aspects of being a director of a PBC including corporate governance, the role PBC and personal legal duties of a director, conflicts of interest, and native title decision-making. In the 2017-18 reporting period, a total of 10 SUPPORT PBCs participated in the QSNTS governance training program. QSNTS continues to tailor its PBC support functionality to equip Traditional Owners with the skills and tools they need to attain self-sufficiency Agreements Database once a native title determination has been made. Some of the programs in which QSNTS specialises One of the most substantial bodies of work are provided below. currently under development by QSNTS is the agreements database, known as Native Title TraKS (or the ‘Native Title Traditional Owner PBC Strategic Planning Program Knowledge System’). Native Title TraKS is an online platform purpose-built for Traditional In this reporting period, many Traditional Owner Owners to assist in the management of their groups have commenced or continued work native title rights and interests. The software together with QSNTS to develop strategic offers state-of-the-art functionality that: plans that pave the way toward their community aspirations. As part of the process for engagement - simplies complex legal agreements and provides under QSNTS Services, QSNTS draws on a summary of key payments and obligations information within a PBC’s strategic plan to - performs calculations and produces identify which services it can offer to help bring invoice reminders their goals to fruition. Some consistent goals for PBCs include stakeholder engagement to identify - automates reporting at the click of a button and capitalise on potential opportunities for - facilitates centralised coordination and economic development, manage agreements to simultaneous access to agreement information ensure proponents are meeting their obligations, via the web and collate and map cultural data for the benefit of future generations. - includes administration and technical support.
Native Title TraKS is currently in the final stages of PBC Policies and Procedures development and is expected to be launched later in 2018. QSNTS continues to work with Traditional Owners on the development of policies and procedures for managing their PBCs. In addition to a template range of policies and procedures available for PBC consideration, QSNTS has also adopted a more bespoke approach that reviews and documents existing procedures within the relevant PBC.
Annual Report 2017 – 2018 | 42 At the launch event in June 2017, participants PBC Website Development agreed to nominate representatives from within their Traditional Owner groups to join the Tourism This year, QSNTS continued its initiative in Initiative Committee and help drive the project website development on behalf of PBCs to create forward. That newly expanded committee met in a digital presence for Traditional Owners, share August 2017 to canvas funding and partnership information about the community with internal opportunities which would help bring Traditional and external stakeholders, and provide an access Owner tourism aspirations to fruition. point for other initiatives, such as the Native Title TraKS agreements database and cultural heritage information. QSNTS is currently working together With many Traditional Owner committee with eight PBCs to develop professional websites members still progressing their community’s native that represent their corporations and communities. title claims, further advancement of the Tourism Initiative has since been postponed, but the tools and resources developed as part of the project Cultural Heritage remain accessible to Traditional Owners via the QSNTS website. In this financial year, QSNTS has commenced providing some cultural heritage services to PBCs to assist with compliance under the Aboriginal DPMC Review Cultural Heritage Act 2003 (Qld). QSNTS will expand its cultural heritage support services Over the course of the 2017-18 reporting period, in the near future, in line with a viability study QSNTS participated in a review of operations and business model developed in the 2016-17 initiated by its funding body, the DPMC. The reporting period. review was carried out on behalf of the DPMC by management consulting firm, Nous Group. QSNTS was the first of five NTSP/NTRBs to be South-East Queensland Tourism Initiative assessed as part of the review, and the results of the review were released to QSNTS early in the QSNTS was a founding partner of the South-East 2018 calendar year. QSNTS has considered the Queensland Tourism Initiative which launched outcome of the review and is now implementing in June 2017 to assist Traditional Owners in many of the recommendations made by Nous identifying and leveraging economic development Group and the DPMC to improve its operations opportunities in Indigenous tourism. The initiative and client relationships. is supported by key stakeholders, including the Queensland Tourism Industry Council, the University of Queensland, Indigenous Business Australia and the Indigenous Land Corporation.
43 | Queensland South Native Title Services There are unique elements in the operating environment of each native title body’s jurisdiction, ADVOCACY and an alliance at this level provides a perspective of the breadth of native title issues across In addition to its work with clients aspiring to have Queensland. The QRBA also enables strong their native title rights and interests recognised, coordination of representative bodies to advocate QSNTS gives voice to Traditional Owners by common interests and address shared issues. advocating for positive reforms that benefit the Through the QRBA, NTRB/NTSPs in Queensland native title process, and the Indigenous community engage with State Government and other more broadly. organisations on a range of issues affecting the native title sector, and coordinate advocacy for Primarily, QSNTS conducts this work through legislative, policy and systems change. three channels: • QSNTS itself, as an organisational function National Native Title Council (NNTC) • The QRBA Established in 2005, the NNTC operates at a • As a member organisation of the NNTC. national level as a unified coalition of NTRBs and NTSPs from across Australia, serving to identify, explore and resolve challenges and Queensland Representative obstacles faced by Traditional Owners in their Body Alliance pursuit of native title outcomes.
The QRBA is a strategic alliance of each of the The NNTC is governed by a CEO and, at NTRBs and NTSPs in Queensland. The QRBA the commencement of the 2017-18 financial was formed in 2013 and provides a forum year, comprised a membership of 11 for information and experience sharing, issue stakeholders, namely: identification, strategy development and advocacy at a state level. • Central Land Council • Goldfields Land and Sea Council The QRBA meets regularly, and is comprised of the Chairpersons, CEOs and PLOs of: • Kimberley Land Council • Native Title Services Victoria • North Queensland Land Council • North Queensland Land Council • Cape York Land Council • Northern Land Council • Torres Strait Regional Authority • NTSCorp • Carpentaria Land Council Aboriginal Corporation • QSNTS. Annual Report 2017 – 2018 | 44 • QSNTS convened on several occasions in the 2017-18 financial year to collaborate on reform priorities • South Australian Native Title Services addressing the residual issues arising out of the • South West Aboriginal Land and Sea McGlade decision and subsequent legislative Council amendments. Reform priorities include: • Yamatji Marpla Aboriginal Corporation. - Improving consistency in the application of terms appearing in claim, future act and ILUA Acting in consultation with, and on behalf of these provisions of the NTA groups, the NNTC actively engages in government reviews and reform pathways to effect real change - Retrospective validation of s 31 agreements that benefits Traditional Owners nationwide. affected by the McGlade outcome - Clarification of the both the authority bestowed Advocacy Priorities in 2017-18 upon an Application and their fiduciary relationship with the claim group In the 2017-18 reporting period, reform priorities for - Streamlining processes to reduce meeting QSNTS autonomously and together with the QRBA costs associated with ILUAs and s 66B and NNTC included the following: applications - The implementation of a dispute resolution Native Title Act Reforms hierarchy to improve system coordination. Following amendments made to the NTA after the outcome in McGlade v Registrar National Native The NNTC was also granted a right of audience Title Tribunal [2017] FCAFC 10, the Federal at the Native Title Ministers Meeting in October Government agreed to engage with NTSP/NTRBs 2017, which was attended by all state and territory in relation to proposed reforms arising from the native title ministers, along with the Commonwealth Australian Reform Commission Inquiry, the Council Attorney-General and the Federal Indigenous Affairs of Australian Governments Investigation into Land Minister. QSNTS CEO Kevin Smith appeared Administration and Use, the 2012 Native Title on behalf of the NNTC to deliver a presentation Amendment Bill, and the Deloitte Review of Native covering a raft of topics pertinent to the native Title Organisations. title sector, including NTA reforms, an upcoming review of the Corporations (Aboriginal and Torres Subsequent to this agreement, an expert technical Strait Islander) Act 2006 (Cth) (CATSI Act), and advisory group (ETAG) was formed comprising the campaign to expand NTSP/NTRB functionality the NNTC, Mineral Council of Australia, National under Part 11 of the NTA to facilitate greater Farmers Federation, DPMC and the Attorney- support for PBCs. General’s Department (AGD). The ETAG, in which QSNTS CEO Kevin Smith was a participant,
45 | Queensland South Native Title Services The issues and proposals raised by the NNTC development and implementation of government regional were well received at the Native Title Ministers’ plans. Under QSNTS’ guidance, DILGP conducted two meeting and initiated some robust discussions workshops with Traditional Owners to seek feedback with particular focus on the NTA reform priorities. on the ShapingSEQ: South East Queensland Regional Plan 2017 which was then released in August 2017. As a result of this work, two PBC Support Forums are now PBC Support Initiatives held annually as part of the ShapingSEQ plan and with The 2016-17 financial year saw the the support of QSNTS. The first in this calendar year development of a project by the QRBA in was held in March, and the second is tabled to take consultation with State Minister for Natural place in December. Resources and Mines Dr Anthony Lynham, to settle a schedule of fees which reasonably reflects the administrative costs borne by PBCs to process notices under the future acts STAKEHOLDER regime. This project was ongoing in 2017- 18 and remains on foot as further feedback ENGAGEMENT is sought from key stakeholders such as ORIC, native title experts and other prominent Each year, QSNTS partakes in a variety of stakeholder individuals in the field of law. engagement events and activities designed to support Indigenous empowerment and advocate a stronger The PBC schedule of fees is a critical native title system. body of work with implications for PBCs due the impact such fees may have on potential revenue streams and stakeholder NAIDOC Week relationships. As such, the project was discussed at length with PBCs attending the In this reporting period, QSNTS participated in NAIDOC Southern Queensland Regional PBC Forum Week celebrations held on Friday, 7 July 2017, hosting hosted by the DPMC, NNTC and QSNTS in stalls at the Musgrave Park Family Fun Day in Brisbane, Brisbane on 27-28 March 2018, where a raft the Annual NAIDOC Expo in Rockhampton, and the of information about federal funding programs NAIDOC celebrations hosted by the Kalkadoon People was also provided to PBCs. in Mount Isa. The theme for this year’s NAIDOC Week was ‘Our Languages Matter’, which recognised the important role of language in Indigenous identity, Regional Planning community connection and relationship with Country. In 2017, the Department of Infrastructure, Local Government and Planning (DILGP) Each of QSNTS’ stalls featured maps identifying consulted with QSNTS following amendments the native title application and determination areas to the Planning Act 2016 (Qld) that prioritised throughout the southern and western regions of consultation with Traditional Owners in the
Annual Report 2017 – 2018 | 46 Queensland, as well as vibrant photographs from The event, held in Sydney from 21-22 February Traditional Owners’ consent determination hearings 2018, featured a presentation by QSNTS PLO Tim and celebrations. Visitors were also provided with Wishart, which explored the role of NTRB lawyers a printed map, as well as a colouring-in booklet for and the broader functionality of NTSP/NTRBs children, crayons, and an information booklet about following the decision of Akiba v State native title. Over the course of the day, QSNTS of Queensland (No 2) [2006] FCA 1173. team members engaged with approximately 1,800 visitors across all three stalls, discussing family histories, native title information and recent PBC Forums developments in the field of native title. PBC Support Forums have formed a crucial Feedback from each of the Brisbane, Rockhampton platform for stakeholder engagement between and Mount Isa events was positive, setting the NTSP/NTRBs, the NNTC, NNTT, AIATSIS, DPMC, pace for QSNTS’ next stalls at the 2018 NAIDOC AGD, the Indigenous Land Council, Indigenous Week celebrations. Business Australia, the Federal Court of Australia and ORIC, which have together committed to taking a proactive approach to PBC support and 2018 National Native Title Conference development that is ongoing throughout all stages of the native title journey. The 2018 National Native Title Conference was held on 5-7 June 2018, commemorating 25 years In this reporting period, QSNTS participated since the NTA was passed into law by Parliament. in three PBC Support Forums, those being in Titled ‘Many Laws, One Land: Legal and Political Melbourne on 11 July 2017, Brisbane on 24 Co-Existence’, the conference was co-convened by October 2017, and Perth on 15 March 2018. the AIATSIS and the Kimberley Land Council, and QSNTS CEO Kevin Smith chaired the event in hosted by the Yawuru People on their traditional Brisbane, which was attended for the first time lands in Broome, Western Australia. by PBCs as members of the NNTC. At this forum, a dispute resolution working group was Attendees at this year’s three-day conference established to look at options for integrating enjoyed presentations from Minister for Indigenous dispute resolution interventions. Affairs, the Hon Nigel Scullion, and prominent Indigenous Senator for Western Australia, Senator PBC participation was also a key feature of the Patrick Dodson, as well as a range of experts in Southern Queensland Regional PBC Forum, native title who facilitated informative workshops hosted by DPMC, NNTC and QSNTS in Brisbane about PBC development, alternative dispute on 27-28 March 2018. In addition to learning resolution, cultural heritage and more. about the range of Federal Government funding options available for PBC advancement, PBCs QSNTS was represented at the conference by also attended a networking event at which QSNTS Board Directors Colleen Wall, Bradley Saunders, launched its 2018-22 Strategic Plan together with Julie Finlayson, Pele Bennet and Margaret QSNTS Services. A presentation was also given Stephenson, as well as PLO Tim Wishart, all on Native Title TraKS, QSNTS’ own software of whom reported positive feedback on their project to assist Traditional Owners with the experience at the conference. management and implementation of their native title and other agreements.
NTRB Legal Workshop 2018 Each of the PBC Forums held over the course of the reporting period focused on strategies to The NTRB Legal Workshop 2018 was a two-day assist PBCs on the path to self-determination, forum for legal practitioners within the NTSP/NTRB and QSNTS looks forward to continuing the operating environment to expand their skills and implementation of these strategies to assist PBCs knowledge of contemporary native title legal issues. within its region of responsibility.
47 | Queensland South Native Title Services CORPORATE REPORT
Annual Report 2017 - 2018 | 48 GOVERNANCE Statement of Main Corporate Governance Practices in Place
The QSNTS governance framework comprises of QSNTS Directors and Office Bearers as the following elements: at 30 June 2018:
• Legislative framework (Native Title Act 1993, Chairperson Corporations Act 2001) Colleen Wall • QSNTS Constitution Deputy Chairperson • QSNTS Board Charter Bradley Saunders • Board of Directors • CEO and Executive Team Director • Management Team. Bernie Yates
Director Pele Bennet
Director Selwyn Button
Director Julie Finlayson
Director Margaret Stephenson
49 | Queensland South Native Title Services CORPORATE FORMER BOARD GOVERNANCE MEMBERS
At the foundation of QSNTS’ governance structure is the QSNTS Constitution, which specifies that the objective of the company is to provide native title services to Traditional Owners of lands and waters in its region of responsibility. The Constitution provides rules and regulations for internal governance, including instructions for the composition of the Board of Directors, which, at present, comprises seven Directors (including the Chair and Deputy Chair), four of whom are of Michael Cawthorn – Director Aboriginal and/or Torres Strait Islander descent. Michael is from Melbourne and has lived in Alice Springs for over a decade. His professional The Board is subject to a Code of Conduct, experience includes working in museums and which stipulates the standards to be upheld by with Aboriginal Land Councils, specialising in all Board members. A series of governance native title research, cultural heritage management policies also entrench the role of the Board in and protection under various heritage legislation relation to QSNTS, namely decision-making, regimes, negotiation and land access agreement- strategic planning and delegation of responsibilities making and advice in relation to repatriation and authority to the CEO. Supporting the Board of programs. Having served previously as Deputy Directors is a Governance Sub-Committee, which Director of the Museum and Art Gallery of the operates according to Terms of Reference and Northern Territory and the Strehlow Research serves to monitor Board performance, as well as Centre, as well as Vice President of Museums ensure its legal, ethical and functional obligations Australia (Northern Territory), Michael now works are being met. as an independent consultant anthropologist. QSNTS thanks Michael for his service on the QSNTS Board of Directors, which concluded on 17 November 2017.
Annual Report 2017 – 2018 | 50 Colleen Wall – Chairperson BOARD MEMBERS AS Colleen is the daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary AT 30 JUNE 2018 Beezley (nee Minniecon), and a Senior Dauwa Kabi Woman from the Mary tributaries. Colleen is knowledgeable in Aboriginal Land Law and cultural balance in healing through Ancestors, recognising the responsibility that grandmothers hold in maintaining this practice. She also acknowledges Mother Earth and respective Murang (Totems) as significant beings in maintaining balance in spiritual, physical and mental health, as well as the value of teaching children’s lore stories in developing healthy cultural growth among youth. Colleen is a former Member of Family Law Council Australia and her paper on Grandmother’s Aboriginal Child-Rearing Practice is on their website. She is currently cultural advisor to Queensland Performing Arts Centre and Brisbane Powerhouse (Australian Performing Arts Market). Colleen has recently worked for Save the Children, Anglicare and Relationships Australia Queensland, and is now working with global research group Ipsos on the Women’s Safety Package.
Bradley Saunders – Deputy Chairperson A Regional Director of the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA), Bradley boasts significant experience leading complex organisations to implement and manage successful programs addressing human rights for Indigenous peoples in the areas of employment, education and training, child safety and housing in remote and rural Queensland. Bradley is a Gunggari (‘goon-gar-ee’) Aboriginal traditional owner from the Maranoa River region of Western Queensland who brings personal knowledge about Aboriginal and Torres Strait Islander customs and protocols, along with extensive experience negotiating with and for Aboriginal groups and leading Aboriginal organisations.
Bernie Yates – Director Born and raised in Broken Hill, Western New South Wales, Bernie is a father of four and grandfather of five who now hails from Canberra in the Australian Capital Territory. He currently works part-time as a volunteer and a consultant,
Top left: Colleen Wall, Top right: Bradley Saunders, Centre top left: Bernie Yates, Centre top right: Pele Bennett, Centre bottom left: Selwyn Button, Centre bottom right: Julie Finlayson, Bottom left: Margaret Stephenson 51 | Queensland South Native Title Services with a focus on improving the capacity of both Selwyn Button – Director Indigenous organisations and government agencies Selwyn is a Gunggari man raised in Cherbourg, to strengthen their working relationships and ability South West Queensland. Prior to his appointment to achieve positive outcomes. Prior to retiring as Assistant Director-General, Indigenous from the Australian Public Service, Bernie worked Education – State Schools in August 2014, Selwyn in policy and service delivery areas for various held the position of CEO to the Queensland Federal Government agencies, including Treasury Aboriginal and Islander Health Council (QAIHC) and Employment and Industrial Relations. Bernie and was the Chairperson of the Aboriginal and moved into Indigenous affairs in the early 2000s, Torres Strait Island Community Health Service first with the Aboriginal and Torres Strait Islander Brisbane Limited. A former teacher and police Commission and then with the former Department officer with the Queensland Police Service for of Families, Housing, Community Services and approximately six years, Selwyn has also served Indigenous Affairs (FaHCSIA). Before retiring, as Director, Indigenous Health Policy Branch Bernie was involved in developing the Council of with Queensland Health and worked within the Australian Government’s Closing the Gap Strategy Department of Education and Training. Selwyn and represented the Australian Government at the is also a Director of The Lowitja Institute, Oxfam United Nations Permanent Forum on Indigenous Australia and has served on a variety of councils Affairs. He is also an independent director of an and committees, including the Queensland Aboriginal Medical Service in the Top End. Indigenous Education Consultative Committee, Queensland Council of Social Services and the Pele Bennet – Director Queensland Aboriginal and Torres Strait Islander Human Services Coalition. Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits - Totemic association: Kadal Julie Finlayson - Director (Saltwater Crocodile) and Baidham (Tiger Shark). Dr Julie Finlayson is a social anthropologist by Born and raised in Brisbane and now a proud training with a varied career history in anthropology. member of the region’s Indigenous community, She is currently Research Fellow managing the Pele commenced her career as a trainee in hearing Centre for Native Title Anthropology (CNTA) at health and has since worked within the health the Australian National University (ANU). She is sector for approximately 16 years. Pele now sits a member of the National Centre for Indigenous on the board as a Director of Queensland’s oldest Studies’ (NCIS) Panel of Research Experts at the community-controlled health organisation, the ANU. Her original doctoral research concerned Aboriginal and Torres Strait Islander Community welfare-dependent Aboriginal households near Health Service (ATSICHS), and has maintained Kuranda in north Queensland, which has informed a clear sense of obligation to support Aboriginal much of her research and interest in rural and and Torres Strait Islander workers, families and remote Indigenous communities. She was a communities, committing herself to better health lecturer at La Trobe University, and then a outcomes and opportunities for Indigenous researcher at the Centre for Aboriginal Economic Australians to help them succeed in their life Policy Research at the ANU. She was also an journeys. Pele holds qualifications in a number independent consultant, including in native title, of fields, including a Bachelor of Health Science before working in various Federal departments on – Aboriginal Community Development from matters relating to Indigenous affairs. More recently, the University of Sydney, and certificates as a before taking up her position at CNTA, Julie worked trainer/educator and mentor. Pele is also currently for an Aboriginal-owned organisation in central- working toward a certificate-level qualification in western NSW on an innovative housing project company directorship. in Bourke, and managed an Aboriginal-controlled radio station in Wilcannia for a year, bringing to it a focus on community development and inclusiveness. Julie joined the QSNTS Board of Directors on 13 March 2018.
Annual Report 2017 – 2018 | 52 Margaret Stephenson – Director Meeting Attendance Margaret Stephenson held the position of Associate Professor at Law at the TC Beirne From the period from 1 July 2017 to 30 June School of Law, University of Queensland being a 2018, Director attendance at Board meetings member of Faculty 1983-2017. Currently, Margaret was as follows: is Visiting Associate-Professor, Sustainable Minerals Institute, Centre for Social Responsibility in Mining, University of Queensland. Prior to No. of No. of commencing an academic career, Margaret Meetings Directors Meetings practised as a solicitor in property law in Brisbane. Eligible Attended During her academic career, Margaret championed to Attend the development of courses in property law, native title law and international and comparative Colleen Wall 7 7 indigenous rights. In 2010, she received a national Citation for Outstanding Contributions to Student Learning in the Australian Awards for University Bradley Saunders 7 6 Teaching, and in 2009, she was awarded the Vice-Chancellor’s Internationalisation Award for Michael Cawthorn 5 3 leadership in internationalising the curriculum. Margaret has published extensively in property law, native title law and comparative Indigenous rights Bernie Yates 7 6 and speaks frequently at international and national conferences on these topics. Her first book, Mabo: A Judicial Revolution, remains a seminal work on Pele Bennet 7 6 the Mabo decision. She has also compiled and edited Mabo: The Native Title Legislation and Selwyn Button 7 1 Australia: Republic or Monarchy, and is co-author of Land Law. In addition to serving on numerous University Committees, Margaret was the University Julie Finlayson 1 1 of Queensland coordinator of the Aurora Project (Native Title Representative Bodies Australian Margaret Stephenson 1 1 Student Internships). Margaret joined the QSNTS Board of Directors on 16 March 2018.
53 | Queensland South Native Title Services EXECUTIVE MANAGEMENT
The QSNTS Executive Team consists of:
• Mr Kevin Smith, CEO • Mr Paul Davies, CFO • Mr Tim Wishart, PLO.
Kevin Smith – CEO Kevin is a descendant of the Meriam Peoples of the Torres Strait with traditional connections to Ugar (Stephen Island) and Erub (Darnley Island). Kevin has over 20 years’ professional experience in Indigenous affairs including senior positions with the National Secretariat of Torres Strait Islander Organisations, the Brisbane Aboriginal and Torres Strait Islander Legal Service, the NNTT, the NNTC and Aboriginal Hostels Limited. Notably, Kevin successfully led the amalgamation and incorporation of the former Gurang and greater Mount Isa region of Carpentaria Land Council areas into QSNTS in 2008. He holds qualifications in both law and business management from the University of Queensland, and was admitted as a solicitor in 1994.
Tim Wishart – PLO Tim has worked in legal practices for 29 years and was admitted to practise as a solicitor in 1991. His legal background is predominately in litigation and commercial law. Tim was appointed as QSNTS’ PLO in September 2011.
Paul Davies – CFO Paul was admitted as a Certified Practicing Accountant in 2003 after completing his studies at the Queensland University of Technology. Paul has acquired a range of experience in the public and not-for-profit sectors, both in Australia and overseas. With many years’ experience in native title working for both NTSP/NTRBs in Queensland, Paul has the skills required to assist PBCs to develop and maintain their corporate structures.
Top left: Kevin Smith, Top right: Tim Wishart, Bottom left: Paul Davies
Annual Report 2017 – 2018 | 54 The second tool used for monitoring performance is the QSNTS Dashboard, which comprises a clear PLANNING AND and concise assessment of the tangible native title outcomes QSNTS has assisted Traditional Owners REPORTING to achieve during the lifetime of the organisation’s strategic plan. The Dashboard presents data In this reporting period, QSNTS completed its pertaining to the native title determinations and strategic planning process for the next four years other outcomes (such as ILUAs and alternative and formally launched the QSNTS Strategic Plan settlements) achieved for Traditional Owners, for 2018-22 at the Southern Queensland Regional as well as the organisation’s ongoing workload PBC Forum in March 2018. The new strategic plan to assist in the development of the succeeding comprises four primary goals for QSNTS service strategic plan. The 2013-2016 Strategic Plan delivery, which are: concluded as of 30 June 2017 after the Board approved an extension on its applicability, and the 1. Securing outcomes through recognition of associated Dashboard assisted in the development right people for right Country of the successive 2018-22 Strategic Plan. 2. Supporting Traditional Owners to manage Country 3. Becoming the service provider of choice for PBCs 4. Advocating reform to enhance native title for Traditional Owners.
QSNTS maps its accomplishments in several ways.
The first is through the annual QSNTS Operational Plan, which, in this reporting period, was provided to the Department of Prime Minister and Cabinet on 26 May 2017. The Operational Plan comprises the QSNTS project plans relating to native title claims and IMD activities carried out by the organisation. Performance against the QSNTS Operational Plan is assessed by the Executive team on a quarterly basis, and a wider organisational performance report is submitted to the DPMC for review on a biannual basis.
55 | Queensland South Native Title Services management, knowledge management, event management and communications. This manual RISK is considered a living document that is regularly updated to ensure relevance as QSNTS’ MANAGEMENT operational environment continues to change.
In addition to the Corporate Policies and Governance Procedures Manual, QSNTS has also developed a Legal Practice Manual. The Legal Practice Manual Maintaining Board independence is crucial to the extensively incorporates advice received from Darryl fair and effective delivery of services by QSNTS. Rangiah QC (now an Honourable Justice of the To this end, all members of the QSNTS Board of Federal Court) and Justin Carter to protect against Directors are expected to abide by the QSNTS operational risks associated with the delivery of Governance Policies and a Code of Conduct, while legal services, such as conflicts of interest, waiving the disclosure of any real or perceived conflicts professional privilege, and client confidentiality. of interests is a standing agenda item at each quarterly Board meeting. Supporting the Board of Directors is a Governance Sub-Committee, which Data Protection and Retention operates according to Terms of Reference and serves to monitor Board performance, as well as QSNTS adopts the use of an electronic data ensure its legal, ethical and functional obligations management system to manage operational are being met. documents from initial drafting to final disposal. Through the use of the Hewlett Packard Content QSNTS also utilises an Audit and Risk Committee, Manager (HPCM), QSNTS has retained its which is bound by the terms of the Committee commitment to minimising risk through stringent Charter and is charged with reviewing the record-keeping in accordance with the QSNTS appropriateness of financial reporting, performance Corporate Policies and Procedures Manual. reporting, systems of risk oversight and management, and systems of internal controls. HPCM encompasses controlled security protocols that ensure files are securely stored and protected to preserve solicitor-to-client confidentiality and Operational Functionality eliminate potential conflicts of interest that may arise as a native title service provider working As part of the organisational risk management across various native title matters. Documents strategy, QSNTS adopts a Corporate Policies can be linked to and updated to preserve and Procedures Manual which serves to minimise consistency and facilitate sharing of information risk by standardising business functions and within relevant teams. service delivery in most areas, such as financial
Annual Report 2017 – 2018 | 56 QSNTS’ record management system ensures resources ensures QSNTS can maximise the obligations are met in respect of information benefits to Traditional Owners of a broader range of discovery and regulatory requirements, services and products, without demanding drastic consequently supporting organisational changes to its existing workforce. transparency and governance. Data is backed up on a bi-weekly basis and stored in an external data In general, QSNTS endeavours to minimise the centre for salvation, preventing loss of corporate risk of potential workplace disputes by ensuring knowledge in the event of an incident affecting compliance with relevant workplace laws, carrying on-site data management. out consultations with the representative union in respect of employment conditions, and acquiring independent legal advice about employee relations Human Resources when necessary. With the exception of the CEO, all staff are employed under the QSNTS Enterprise QSNTS operates in a dynamic environment that Agreement 2017–19, which was accepted by often requires a responsive approach to meeting the Fair Work Commission on 24 January 2018 the ebb and flow of operational demand that is and governs all aspects of employment with inherent to the native title sector. To ensure this QSNTS, including remuneration frameworks, leave work is managed with minimal risk to clients and entitlements, and ordinary employment conditions. to the organisation itself, QSNTS undertakes ongoing workforce planning to address client needs as they arise. Risk Register
In this reporting period especially, QSNTS During the reporting period, QSNTS began work has developed a service delivery model that toward establishing a risk register and associated repurposes the skills and resources available within action plan that summarises key risks, their the organisation to provide a broader range of rating, and the controls in place to manage the products and services for the benefit of Traditional identified risks. The process included workshops Owners. In addition to the research materials with an external consultant, the Executive, the developed during the native title claim process, for Board of Directors and senior managers, and example, research officers now also assist PBCs identifying and assessing risks across five key with cultural mapping and genealogical data. areas: strategic, operational, compliance, people Similarly, the QSNTS corporate support team is no and finance. The Board and management team longer restricted to administrative assistance for prepared a draft risk register and action plan. The QSNTS, but instead provides similar services to Executive and company secretary in an additional Traditional Owners, including financial management workshop carried out further work on the risk report assistance, skills audits, communications products document, and it is anticipated that the Board will and more. This flexible application of human endorse both the risk register and action plan early in the new financial year.
57 | Queensland South Native Title Services These standards of service and organisational Stakeholder Relationships objectives are detailed in the QSNTS Policy and Procedure Manual, which is available to all QSNTS recognises Traditional Owners as its most employees on the company intranet and through the important stakeholders, and endeavours to build records management system. To ensure Traditional and maintain client relationships that are positive, Owners enjoy the same respectful treatment during empowered and long-lasting. To this end, QSNTS all interactions with the organisation, QSNTS also expects employees to maintain a high standard of mandates cultural sensitivity training for employees integrity, honesty and fair dealing, and to conduct shortly following commencement, and employees themselves at all times so as to reflect positively are assessed in accordance with the organisation’s on the good standing and best interests of the ethical standards and values concurrently with organisation and its clients. regular performance reviews. Breaches of ethical standards are treated seriously and may result in It is a requirement among employees that appropriate disciplinary action. cultural diversity be recognised and respected to provide culturally appropriate services that are In the event a Traditional Owner or Traditional professional, accountable, collaborative and openly Owner group is dissatisfied with a decision made communicated. In pursuing this goal, QSNTS at all by QSNTS or in the way they have been treated times aims to: by QSNTS staff, they are at liberty to request an internal review under s 203BI of the NTA and in - treat all clients fairly and impartially accordance with the QSNTS policy on handling - recognise and respect cultural and complaints, which is available for public viewing other diversity on the QSNTS website. - provide explanations for required processes and standards, and present such explanations in a form clients can understand External Scrutiny
- ensure clients are able to discuss decisions QSNTS commissions an independent auditor which affect them with someone who is able to on an annual basis to undertake an audit of understand and respond to their concerns the financial statements and provide the Board with a completion report which summarises any - listen to client suggestions for improvement to key findings and recommendations. During this services and give serious consideration to all reporting period, an independent annual financial the suggestions QSNTS receives audit was conducted by PKF Di Bartolo Diamond - collaborate meaningfully with a wide range & Mihailaros and is appended to this report. of government, industry and other stakeholders to achieve the best outcomes for Traditional Owners.
Annual Report 2017 – 2018 | 58 HUMAN RESOURCES REPORT
59 | Queensland South Native Title Services abolished to be replaced with an IT-specific role WORKFORCE focusing on database administration to support the implementation and ongoing management of the PLANNING TraKS database. A business case template has also been introduced In the 2017-18 reporting period, QSNTS has for all positions (both fixed-term and permanent) undertaken significant planning to ensure resources which requires managers to ensure the rationale for are available to support the shift to the QSNTS filling positions reflects the operation direction of Services model of service delivery. This work has the organisation moving forward. resulted in the development of a dedicated project officer role reporting directly to the CEO. This position provides oversight of internal processes and policy required to bring together the ‘Walking Together’ agreements and associated service delivery schedules.
The corporate team structure was also reviewed as the structure had remained unchanged for the preceding nine years, despite significant changes experienced by the operational teams. The review resulted in the event officer position being renamed to corporate service officer, which was refocused to support the corporate function across assets and facilities, as well as logistics for the operational team.
To better reflect the changing service delivery model, the position of corporate coordinator was abolished and replaced with a senior corporate services officer with accounting qualifications. This better positions the organisation to provide finance services to Traditional Owners under QSNTS Services. The position of eDRMS and knowledge management coordinator was also
Annual Report 2017 – 2018 | 60 WORKFORCE ENTERPRISE PROFILE, RETENTION AGREEMENT
AND TURNOVER Negotiations for the QSNTS Enterprise Agreement 2017-19 commenced in March 2017. As at 30 June 2018, QSNTS has a workforce of 61 staff with a profile as follows: The Agreement was filed with the Fair Work Commission in September 2017. The Agreement Permanent 33 was allocated to a Commissioner in late December 2017, and was accepted by the Commission on Contract 28 17 January 2018 with an operational date of 24 1 Casual January 2018. F/Time 54 P/Time 6 Despite an ongoing decline in the amount of Male 26.23% funding received, QSNTS was able to retain the employment conditions and benefits that were Female 73.77% included in the previous Agreement for staff. Indigenous 26.22% TOTAL 61
Over the 2017-18 reporting period, QSNTS TRAINING AND conducted 14 external recruitment processes, with positions filled including legal, legal support DEVELOPMENT and corporate support officers. Internally, a total of seven changes were made, including appointment QSNTS remains committed to providing learning of the aforementioned project officer role, and development opportunities for all of staff. maternity leave backfill arrangements, and career advancement opportunities for suitable support The organisation rolled out a number of training staff. Three positions were also made permanent, programs for staff to support the new produce and those being a legal officer position within the IMD, service offerings, including mediation training and the future acts administration assistant role, and the accreditation. A total of 10 staff across the legal, records project officer. This reporting period also research and community relations cohorts attended saw six exits, giving a turnover rate of 9.8%. the mediation training conducted by Jim Cyngler.
61 | Queensland South Native Title Services This year also saw the introduction of a new provider for cultural awareness training. Jolleen Hicks, of Aboriginal Insights, delivered ‘Engaging OCCUPATIONAL with Aboriginal Communities – A Model Approach’, which was very well received and relevant to the HEALTH AND SAFETY work undertaken by QSNTS. Two new fire wardens have been appointed in the Brisbane office following the departure of Excluding mandatory training, such as for safety existing wardens. and cultural awareness, a breakdown of training opportunities by business functions during this Workplace audits were also undertaken in all three reporting period is as follows: QSNTS offices with no recorded issues at any of the sites.
The human resources team continues to organise mandatory training for operational staff in first aid and four-wheel drive training.
Corporate (13.22%)
CRO(11.43%)
Legal (58.95%)
Research (16.40%)
Annual Report 2017 – 2018 | 62 PBC SUPPORT LOOKING AHEAD:
During the 2017-18 period, the human HUMAN RESOURCES resources team provided assistance to five PBCs, which included workshopping toward new IN 2018–19 positions, developing position descriptions and advertisements, and coordinating recruitment Across the next twelve months, focus will turn to processes. Assistance was also provided on the workforce strategy required to continue to employee engagement, including the responsibilities support and facilitate the transition to a different of having employees and the performance operating environment under the whole-of-client management and development process. service delivery model. All position descriptions will be reviewed along with the capability framework to Under QSNTS Services, QSNTS is assisting ensure they align with the new strategic plan. PBCs by facilitating skills audits and employment and skills profiling. This work aims to assist with The human resources team will continue to work resourcing the PBCs now and into the future, as closely with the Executive and operational managers well as gathering source data to tap into employment around resourcing, using the business case template opportunities for the Traditional Owner group. to ensure there is a holistic approach to filling each Templates have been developed for these services position and the roles meet the changing needs of and can be tailored to the individual needs of the organisation. the client. The training required to support staff in the transition Traditional Owners have demonstrated a high level will be further analysed and recommendations of interest in these services and, as a result, grant put forward as to how QSNTS can support staff applications are being prepared in pursuit of funding to develop the necessary skills and training to to undertake these audits in the coming year. effectively operate while balancing new and existing services.
The human resources toolkit developed for PBCs to assist with a range of workforce services will continue to be refined and improved, and work with Traditional Owners will be ongoing to ensure they receive the industrial relations support required to establish and maintain operations serving to manage and implement their native title rights and interests.
63 | Queensland South Native Title Services FINANCIAL REPORT
Annual Report 2017 - 2018 | 64 TABLE OF CONTENTS
Directors’ Report ...... 66
Auditor’s Independence Declaration ...... 71
Financial Report...... 72
Statement of Comprehensive Income...... 72
Statement of Financial Position ...... 73
Statement of Changes in Equity...... 74
Statement of Cash Flows ...... 74
Notes to the Financial Statements ...... 82
Directors’ Declaration ...... 84
Independent Audit Report ...... 85
Auditors’ Disclaimer of Additional Information...... 89
Additional Information ...... 90
65 | Queensland South Native Title Services DIRECTORS’ REPORT Queensland South Native Title Services Limited | ABN 88 114 581 556
Your directors present their report on the company for the financial year ended 30 June 2018.
Directors
The names of the directors in office at any time during or since the end of the financial year are:
Colleen May Wall Selwyn Button Bradley Saunders Julie Finlayson Bernie Yates Margaret Stephenson Pele Bennet
Directors have been in office since the start of the financial year to the date of this report unless otherwise stated.
Information on Directors
The information on directors is as follows:
Colleen Wall (Chairperson) Daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beezley (nee Minniecon), Colleen is a Senior Dauwa Kabi Woman from the Wide Bay and Munna Creek tributaries of the Mary River. Colleen works from an Aboriginal Land Law framework and through Grandmother’s Law and strives to achieve a cultural balance for healing. Her aim is to have Grandmothers recognised by governments and the legal system as key drivers in the traditional practice of child rearing. Colleen is developing a Cultural Care program for children in long term care informing them and their carers on the basics around Aboriginal Grandmother’s Law and the growing up of resilient, respectful and responsible children. She teaches respect for Mother Earth and Murung (Totems) as significant beings in maintaining balance in spiritual, physical and mental health and through children’s Lore Stories shows their importance in the healthy cultural growth of our young ones. Colleen is a former Member of Family Law Council Australia and her paper on Grandmother’s Aboriginal Child Rearing Practice is on their website. She is currently cultural advisor to Queensland Performing Arts Center and Brisbane Power House (Australian Performing Arts Market). Colleen has recently worked for Save the Children, Anglicare and Relationships Australia Queensland and is now working with the global research group IPSOS on the Women’s Safety Package.
Bradley Saunders (Deputy Chairperson) A Regional Director of the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA), Bradley boasts significant experience leading complex organisations to implement and manage successful programs addressing human rights for Indigenous peoples in the areas of employment, education and training, child safety and housing in remote and rural Queensland. Bradley is a Gunggari (goon-gar-ee) Aboriginal traditional owner from the Maranoa River region of Western Queensland who brings personal knowledge about Aboriginal and Torres Strait Islander customs and protocols, along with extensive experience negotiating with and for Aboriginal groups and leading Aboriginal organisations.
Annual Report 2017 – 2018 | 66 Bernie Yates (Director) Since 2010, Bernie has worked part-time as a volunteer and a consultant, with a focus on improving the capacity of both Indigenous organisations and government agencies to strengthen their working relationships and ability to achieve positive outcomes. Prior to this, Bernie’s career was in the Australian Public Service working in policy and service delivery areas for various agencies, including Treasury and Employment and Industrial Relations. He moved into Indigenous affairs in the early 2000s, with ATSIC and the then Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Bernie was involved in developing the Council of Australian Governments’ Closing the Gap Strategy and represented the Australian Government at the United Nations Permanent Forum
Pele Bennet (Director) Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits - Totemic association: Kadal (Saltwater Crocodile) & Baidham (Tiger Shark). Mother of four, Born and raised in Brisbane and is a proud member of the region’s Indigenous community, Pele currently works as A/ Manager in the Department of Communities, Child Safety and Disability Services with an extensive career in the Health Sector. Pele commenced her career as a trainee health worker and built her career in the areas of Preventative health. Pele continued to work within government and the non-government sector for over 18 years. Previously employed at Queensland Aboriginal and Islander Health Council as General Manager in Capacity and Development and Director of the Aboriginal and Torres Strait Islander Community Health Service. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, and certificates as a trainer/educator and mentor. Pele joined the QSNTS Board in 2015.
Selwyn Button (Director) Selwyn is a Gunggari man raised in Cherbourg, South West Queensland. Prior to his appointment as Assistant Director-General, Indigenous Education – State Schools in August 2014, Selwyn held the position of CEO to the Queensland Aboriginal and Islander Health Council (QAIHC) and was the Chairperson of the Aboriginal and Torres Strait Island Community Health Service Brisbane Limited. A former teacher and police officer with the Queensland Police Service for approximately six years, Selwyn has also served as Director, Indigenous Health Policy Branch with Queensland Health and worked within the Department of Education and Training. Selwyn is also a Director of The Lowitja Institute, Oxfam Australia and has served on a variety of councils and committees, including the Queensland Indigenous Education Consultative Committee, Queensland Council of Social Services and the Queensland Aboriginal and Torres Strait Islander Human Services Coalition. Selwyn joined the QSNTS Board of Directors on 10 July 2015.
Julie Finlayson (Director) Dr Julie Finlayson is a social anthropologist by training with a varied career history in anthropology. She is currently Research Fellow managing the Centre for Native Title Anthropology (CNTA) at the ANU. She is a member of the National Centre for Indigenous Studies’ (NCIS) Panel of Research Experts at the ANU. Her original doctoral research concerned welfare-dependent Aboriginal households near Kuranda in north Queensland, which has informed much of her research and interest in rural and remote Indigenous communities. She was a lecturer at La Trobe University, and then a researcher at the Centre for Aboriginal Economic Policy Research at the ANU. She was also an independent consultant, including in native title, before working in various Federal bureaucracies on matters relating to Indigenous affairs. More recently, before taking up her position at CNTA, Julie worked for an Aboriginal-owned organisation in central-western NSW on an innovative housing project in Bourke, and managed an Aboriginal-controlled radio station in Wilcannia for a year, bringing to it a focus on community development and inclusiveness. Julie joined the QSNTS Board of Directors on 13 March 2018.
67 | Queensland South Native Title Services Margaret Stephenson (Director) Margaret Stephenson held the position of Associate Professor at Law at the TC Beirne School of Law, University of Queensland being a member of Faculty 1983-2017. Currently, Margaret is Visiting Associate- Professor, Sustainable Minerals Institute, Centre for Social Responsibility in Mining, University of Queensland. Prior to commencing an academic career Margaret practised as a solicitor in Property Law in Brisbane. During her academic career, Margaret championed the development of courses in Property Law, Native Title Law and International and Comparative Indigenous Rights. In 2010 she received a national Citation for Outstanding Contributions to Student Learning in the Australian Awards for University Teaching and in 2009 she was awarded the Vice-Chancellor’s Internationalisation Award for leadership in internationalising the curriculum. Margaret has published extensively in Property Law, Native Title Law and Comparative Indigenous Rights and speaks frequently at international and national conferences on these topics. Her first book, Mabo: A Judicial Revolution remains a seminal work on the Mabo decision. She has also compiled and edited Mabo: The Native Title Legislation and Australia: Republic or Monarchy, and is co-author of Land Law. In addition to serving on numerous University Committees, Margaret was the UQ co-ordinator of the Aurora Project (Native Title Representative Bodies Australian Student Internships). Margaret joined the QSNTS Board of Directors on 16 March 2018.
Meetings of Directors
During the reporting period the Board held five meetings. Details of attendance by individual Board members are provided below:
Attendance at Board and Committee Meetings 1 July 2017 – 30 June 2018
DIRECTORS DIRECTORS’ MEETINGS Meetings Eligible to attend Meetings attended Colleen Wall (Chairperson) 7 7 Bradley Saunders (Deputy Chair) 7 6 Michael Cawthorn 5 3 Bernie Yates 7 6 Pele Bennet 7 6 Selwyn Button 7 1 Margaret Stephenson 1 1 Julie Finlayson 1 1
Operating Results
The operating result for the financial year was a deficit of $354,870 (2017: deficit of $467,994).
Principal Activity
The objects of the company are pursued by:
1) providing native title services to Aboriginal and Torres Strait Islander People in the southern half of Queensland as prescribed in the Native Title Act 1993 (Cth); 2) enhancing the capacity of Traditional Owners to be autonomous in pursuing their rights and interests; and 3) advocating for reform and improvement to the native title system.
Annual Report 2017 – 2018 | 68 Objectives
QSNTS aims to assist traditional owners to realise their aspirations to land and waters through the provision of statutory services, capacity development initiatives and system reform. The short to medium term focus of the organisation is the preparation, prosecution, negotiation and settlement of current and prospective native title claims. Supporting this objective is the development of traditional owner capacity to understand the native title process throughout the claim process and continuing into the future following a determination. In addition, QSNTS performs advocacy of broader reform to achieve procedural and substantive outcomes that make the native title process more fair and equitable. QSNTS aims to expand the range of options available for the successful resolution of native title claims. QSNTS has established an internal unit, the Prescribed Body Corporate Support Unit with the objective to build the capacity of PBCs to manage and maximize their recognized native title rights and interests.
Under s203FE of the Native Title Act 1993 (Cth), QSNTS’ role is to carry out the functions of a native title representative body as prescribed in the Native Title Act. That includes:
Facilitation and assistance Directly representing native title holders and claimants in native title (s203BB) related proceedings.
Assisting with the certification and registration process of native title Certification (s203BE) applications and Indigenous Land Use Agreements (ILUAs).
Trying to resolve disputes between various native title holders and Dispute resolution (s203BF) claimants, including facilitating agreements between these persons.
Ensuring that notices made under the Native Title Act are brought to the Notification (s203BG) attention of relevant native title holders and claimants.
Agreement making (s203BH) Being a party to Indigenous Land Use Agreements.
Reviewing decisions made as a native title service provider and Internal review (s203BI) addressing all feedback through an internal process.
A range of miscellaneous functions including making agreements with neighbouring native title representative bodies to deal with overlapping Other functions (s203BJ) claims, identifying potential native title holders, and promoting an understanding of the Native Title Act amongst clients.
The long term objective of QSNTS is to expand the range of statutory services to both native title claimants and native title holders to ensure that traditional owners can harness the economic and social opportunities associated with native title whilst protecting, practicing and preserving their culture, rights and interests to land and waters for present and future generations.
69 | Queensland South Native Title Services Strategy for Achieving the Objectives To meet its obligations under the funding agreement, the QSNTS structure incorporates an Implementation and Management Division (IMD) dedicated to the delivery of support services to Traditional Owners following a positive Native Title determination. The strategic purpose of the IMD is to commence PBC support work while a native title claim is still on foot, and run parallel with the claim teams. The claim teams work with appropriate external experts to develop, implement and review case plans, in consultation with clients and stakeholders, designed to gather credible and comprehensive evidence that achieves native title and related outcomes within designated timeframes. The operational needs of the organisation are supported by a corporate team, including finance, human resources, information technology, event management and communication support.
More specifically, QSNTS undertakes a number of strategic activities and initiatives to achieve the organisational objectives. These include:
• Implementing sound governance and decision making structures that ensure strategic, operational, financial and case management plans are integrated as well as appropriately devised, implemented and reviewed; • Adhering to best practice electronic file management and maintaining information barriers that maintain client confidentiality; • Fostering partnerships with key stakeholders including other native title representative bodies and service providers, QSNTS’ funding body the Department of the Prime Minister and Cabinet, State Government departments and Crown Law; • Participating in advocacy through the National Native Title Council and also by making submissions on legislative and administrative reform; • Extending organisational reach via regional offices in Mount Isa and Rockhampton; • Assisting Prescribed Bodies Corporate with a range of services including incorporation, communications, corporate governance, native title decision making processes and grant writing; • Undertaking regular communication with claim groups through a range of means including claim specific newsletters.
Significant Changes in State of Affairs No significant changes in the state of affairs of the company occurred during the financial year.
Contributions on Winding up In the event of the company being wound up, ordinary members are required to contribute a maximum of $10 each. The total amount that members of the company are liable to contribute if the company is wound up is $50, based on five current members.
Signed in accordance with a resolution of the Board of Directors:
Director______Director______Colleen May Wall Bernie Yate Dated:
Annual Report 2017 – 2018 | 70 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership
Chartered Accountants & Business Advisers
Auditor’s Independence Declaration
UNDER SECTION 307C OF THE CORPORATIONS ACT 2001 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 2018 there have been:
• no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in relation to the audit; and • no contraventions of any applicable code of professional conduct in relation to the audit.
PKF Di Bartolo Diamond & Mihailaros
Ross Di Bartolo Partner
Dated: 26 October 2018
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.
71 | Queensland South Native Title Services FINANCIAL REPORT Statement of Profit or Loss and Comprehensive Income for the year ended 30 June 2018
Notes 2018 2017 $ $
Revenue
Revenue from ordinary activities 2(a) 12,654,248 11,802,490
Expenses
Consultancy costs (3,160,194) (2,938,777)
Depreciation expenses (267,377) (236,671)
Employee benefits expense (6,521,660) (5,748,048)
Impairment loss - (289,377)
Meeting costs (260,391) (333,797)
Occupancy costs (600,245) (488,876)
Travel expenses (899,309) (983,628)
Other expenses from ordinary activities 2(b) (1,299,942) (1,251,310)
Profit / (loss) from ordinary activities (354,870) (467,994)
Other comprehensive income - -
Net gain / (loss) on revaluation of non-current assets - -
Total comprehensive income - -
Profit / (loss) attributable to members (354,870) (467,994)
PARTNERS: Ross Di Bartolo B.A (Accounting). FCA George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA
The accompanying notes form part of these financial statements
Annual Report 2017 – 2018 | 72 Statement of Financial Position for the year ended 30 June 2018
Notes 2018 2017 $ $
CURRENT ASSETS
Cash and cash equivalents 3 3,284,184 2,805,419
Trade and other receivables 4 158,131 286,412
TOTAL CURRENT ASSETS 3,442,315 3,091,831
NON-CURRENT ASSETS
Property, plant and equipment 5 1,004,588 1,177,179
TOTAL NON-CURRENT ASSETS 1,004,588 1,177,179
TOTAL ASSETS 4,446,903 4,269,010
CURRENT LIABILITIES
Trade and other payables 6 638,852 444,650
Provisions 7 1,026,032 898,472
Other Liabilities 8 849,020 621,911
TOTAL CURRENT LIABILITIES 2,513,904 1,965,033
NON-CURRENT LIABILITIES
Provisions 7 28,070 44,178
TOTAL NON-CURRENT LIABILITIES 28,070 44,178
TOTAL LIABILITIES 2,541,974 2,009,211
NET ASSETS 1,904,929 2,259,799
EQUITY
Retained earnings/(Accumulated losses) 1,904,929 2,259,799
TOTAL EQUITY 1,904,929 2,259.799
The accompanying notes form part of these financial statements
73 | Queensland South Native Title Services Statement of Changes in Equity for the year ended 30 June 2018
Retained Earnings Total Equity $ $
BALANCE AT 1 JULY 2016 2,727,793 2,727,793
Net Surplus/(Deficit) for the year (467,994) (467,944)
Balance at 30 June 2017 2,259,799 2,259,799
BALANCE AT 1 JULY 2017 2,259,799 2,259,799
Net Surplus/(Deficit) for the year (354,870) (354,870)
Balance at 30 June 2018 1,904,929 1,904,929
Statement of Cash Flows for the year ended 30 June 2018
Notes 2018 2017 $ $
CASH FLOW FROM OPERATING ACTIVITIES
Operating grant and funding receipts 14,138,266 12,037,887
Receipts from customers 103,495 178,262
Interest received 40,021 45,532
Payments to suppliers and employees (13,706,877) (12,763,043)
Net cash provided by/(used in) operating activities 12(b) 574,905 (501,362)
CASH FLOW FROM INVESTING ACTIVITIES
Payment for property, plant and equipment (146,594) (430,390)
Proceeds from disposal of motor vehicles 50,454 164,999
Net cash used in investing activities (96,140) (265,391)
Net increase/(decrease) in cash held 478,765 (766,753)
Cash at beginning of financial year 2,805,419 3,572,172
Cash at end of financial year 12(a) 3,284,184 2,805,419
The accompanying notes form part of these financial statements
Annual Report 2017 – 2018 | 74 Notes to the Financial Statements for the year ended 30 June 2018
NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES
Queensland South Native Title Services Limited applies Australian Accounting Standards – Reduced Disclosure Requirements as set out in AASB 1053: Application of Tiers of Australian Accounting Standards.
The financial statements are general purpose financial statements that have been prepared in accordance with Accounting Standards – Reduced Disclosure Requirements of the Australian Accounting Standards Board (AASB) and the Corporations Act 2001. The company is limited by guarantee, incorporated and domiciled in Australia for financial reporting purposes under Australian Accounting Standards.
Australian Accounting Standards set out accounting policies that the Australian Accounting Standards Board has concluded would result in financial statements containing relevant and reliable information about transactions, events and conditions. Material accounting policies adopted in the preparation of these financial statements are presented below and are consistently applied unless otherwise stated.
The financial report has been prepared on an accruals basis and is based on historical costs, modified, where applicable, by the measurement at fair value of selected non-current assets, financial assets and financial liabilities.
The following is a summary of significant accounting policies adopted by the Company in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated.
(a) Income Tax 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.
Depreciation 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.
The accompanying notes form part of these financial statements
75 | Queensland South Native Title Services Leasehold improvements are amortised over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.
The depreciation rates and useful lives used for each class of depreciable assets are:
CLASS OF FIXED ASSET DEPRECIATION RATES/USEFUL LIVES DEPRECIATION BASIS
Plant & Equipment 25 – 40 % Straight Line
Motor Vehicles 12.5 % Straight Line
Furniture & Fixtures 5 – 10 % Straight Line
(c) Employee Benefits Provision is made for the company’s liability for employee benefits arising from services rendered by employees to balance date. Employee benefits expected to be settled within one year together with benefits arising from wages and salaries, annual leave and sick leave which will be settled after one year, have been measured at the amounts 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 for those benefits.
Contributions are made by the company to an employee superannuation fund and are charged as expenses when incurred.
(d) Cash For the purposes of the Statement of Cash Flows, cash includes cash on hand and at call deposits with banks or financial institutions, investments in money market instruments maturing within less than two months and net of bank overdrafts.
(e) Revenue Revenue from the rendering of a service is recognised upon the delivery of the service to the customers.
Interest revenue is recognised on a proportional basis taking into account the interest rates applicable to the financial assets.
Other revenue is recognised when the right to receive the revenue has been established.
All revenue is stated net of the amount of goods and services tax (GST).
(f) Goods and Services Tax (GST) 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.
The accompanying notes form part of these financial statements
Annual Report 2017 – 2018 | 76 Notes to the Financial Statements for the year ended 30 June 2018
2018 2017 $ $ NOTE 2: PROFIT FROM ORDINARY ACTIVITIES Profit (losses) from ordinary activities has been determined after: (a) Revenue and Net Gains Grant funding 12,520,141 11,594,902 Interest Income 40,021 45,532 Other Income & Services 94,086 162,056 Total Income 12,654,248 11,802,490
(b) Other Expenses Loss on disposal of non-current assets 1,354 18,068 Board expenses 68,207 131,704
Insurances 58,240 60,634 Motor vehicle expenses 133,826 123,251 PBC direct funding 260,500 140,000 Photocopying & Printing 12,344 18,984 Repairs & Maintenance (incl minor equipment replacement) 136,670 166,973 Resources 63,472 57,614 Subscriptions 83,538 50,486 Telephone 198,591 214,162 Training & professional development 94,434 89,961 Other expenses 188,766 179,473
Total Expenses 1,299,942 1,251,310
NOTE 3: CASH & CASH EQUIVALENTS Cash on hand 1,050 160 Cash at bank 3,283,134 2,805,259 3,284,184 2,805,419
NOTE 4: TRADE AND OTHER RECEIVABLES Trade Receivables 117,303 223,022 Provision for doubtful debts (73,576) (67,231) Prepayments 114,404 130,621 158,131 286,412
77 | Queensland South Native Title Services Credit Risk – Trade and Other Receivables The company does not have any material credit risk exposure to any single receivable. 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 with the customer or counter party to the transaction. Receivables that are past due are assessed for impairment and are provided for where there are specific circumstances indicating that the debt may not be fully repaid. The balances of receivables that remain within initial trade terms (as detailed in the table) are considered to be of high credit quality.
NOTE 4: TRADE AND OTHER RECEIVABLES (Cont’d)
Ageing of Trade Total Less than Past Due Past Due Past Due Past Due Receivables Amount 30 Days 31-60 Days 61-90 Days <90 Days and Impaired $ $ $ $ $ $
2018 117,303 24,846 1,794 1,453 89,210 73,576 Trade Receivables
2017 223,022 7,113 130,707 - 85,202 67,231 Trade Receivables
2018 2017 $ $
NOTE 5: PROPERTY, PLANT AND EQUIPMENT
Land & Building – at cost 996,129 996,129 Less accumulated depreciation (549,846) (496,129) 446,283 500,000
Plant and equipment - at cost 516,870 532,697 Less accumulated depreciation (351,850) (326,640) 165,020 206,057
Motor vehicles – at cost 401,906 395,866 Less accumulated depreciation (50,990) (21,674) 350,916 374,192
Office equipment - at cost 338,134 320,892 Less accumulated depreciation (295,765) (223,962) 42,369 96,930 Total property, plant and equipment 1,004,588 1,177,179
An independent valuation of the land and building at 31 Commercial Road Mount Isa QLD was performed by Herron Todd White. The last stated market value of land and buildings is $500,000 as at 7 February 2017.
Annual Report 2017 – 2018 | 78 Notes to the Financial Statements for the year ended 30 June 2018
NOTE 5: PROPERTY, PLANT AND EQUIPMENT (Cont’d) Movements in Carrying Amounts Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the current financial year.
Land and Plant and Motor Office Building Equipment Vehicles Equip Total $ $ $ $ $
2018
Balance at the beginning of the year 500,000 206,057 374,192 96,930 1,177,179
Additions - 51,316 78,036 17,242 146,594
Disposals - - (51,808) - (51,808)
Depreciation expense (53,717) (92,353) (49,504) (71,803) (267,377)
Carrying amount at end of year 446,283 165,020 350,916 42,369 1,004,588
2018 2017 $ $
NOTE 6: TRADE AND OTHER PAYABLES
CURRENT Trade creditors and accruals 516,606 214,783 Sundry creditors 122,246 229,867 638,852 444,650
NOTE 7: PROVISIONS CURRENT Employee benefits – Annual Leave & Time in Lieu Provision 523,614 460,937 Employee benefits – Long Service Leave Provision 502,418 437,535 1,026,032 898,472
NON CURRENT Employee benefits – Long Service Leave Provision 28,070 44,178 28,070 44,178
79 | Queensland South Native Title Services Notes to the Financial Statements for the year ended 30 June 2018
2018 2017 $ $
NOTE 8: OTHER LIABILITIES CURRENT Income in Advance – Unexpended Grant Funds 849,020 621,911
NOTE 9: RELATED PARTY TRANSACTIONS The names of directors who have held office during the financial year are: Colleen May Wall Bernie Yates Julie Finlayson Bradley Saunders Pele Bennet Margaret Stephenson Michael Cawthorn Selwyn Button
Key Management Personnel Key management personnel comprise directors and other key persons having authority and responsibility for planning, directing and controlling the activities of the organisation.
No transactions have occurred during the year with related parties other than normal remuneration for services rendered.
NOTE 10: ECONOMIC DEPENDENCE 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 dependent on grants received from the Department of Prime Minister and Cabinet to carry out its normal activities.
NOTE 11: SEGMENT REPORTING The Company operates in the Community Services Segment.
NOTE 12: CASH FLOW INFORMATION (a) Reconciliation of cash Cash at the end of the financial year as shown in the statement of Cash Flows is reconciled to the related items in the statement of financial position as follows:
Cash on hand 1,050 160 Cash at bank 3,283,134 2,805,259 3,284,184 2,805,419
Annual Report 2017 – 2018 | 80 Notes to the Financial Statements for the year ended 30 June 2017
2018 2017 $ $
NOTE 12: CASH FLOW INFORMATION (Cont’d) (b) Reconciliation of cash flow from operations with profit from ordinary activities after income tax
Profit/(Loss) from ordinary activities after income tax (354,870) (467,994) Non-cash flows in profit from ordinary activities Depreciation 267,377 236,671 Impairment loss - 289,377 Net (gain)/loss on disposal of property, plant and equipment 1,354 18,068 Provision for doubtful debts 6,345 (1,835) Changes in assets and liabilities (Increase)/decrease in prepayments 16,217 17,677 (Increase)/decrease in trade receivables 105,719 (91,566) Increase/(decrease) in trade and other payables 194,202 (81,211) Increase/(decrease) in income in advance 227,109 (559,802) Increase/(decrease) in provisions 111,452 139,253 Cash flows from operations 574,905 (501,362)
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 below:
Financial Assets Cash and Cash Equivalents 3,284,184 2,805,419 Trade and Other Receivables 158,131 286,412 3,442,315 3,091,831
Financial Liabilities Trade and Other Payables 638,852 444,650 Financial Liabilities - - Income in Advance – Unspent Grant Funds 849,020 621,911 1,487,872 1,066,561
81 | Queensland South Native Title Services Notes to the Financial Statements for the year ended 30 June 2017
NOTE 13: FINANCIAL RISK MANAGEMENT (Cont’d) (ii) Interest Rate Risk 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
(iii) Liquidity Risk Liquidity risk arises from the possibility that the company might encounter difficulty in settling its debts or 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; • maintaining a reputable credit profile; • investing only in surplus cash with major financial institutions; and • comparing the maturity profile of financial liabilities with the realization profile of financial assets.
(iv) Credit Risk Exposure to credit risk relating to financial assets arises from the potential non-performance by counter parties of contract obligations that could lead to a financial loss to the company. Credit risk is managed through the maintenance of procedures ensuring to the extent possible, that customers and counter parties to 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, or in entities that the Board and management has otherwise cleared as being financially sound. 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 not have any material credit risk exposure to any single debtor or group of debtors.
NOTE 14: COMMITMENTS Operating Lease Commitments Non-cancellable operating rental lease on premises, at Level 10 & 13, 307 Queens Street Brisbane and Level 5B 34 East Street Rockhampton, contracted for but not capitalized in the financial statements
2018 2017 $ $
Payable – minimum lease payments
Not later than 12 months 589,862 562,960 Between 12 months and five years - 531,611 $589,862 $1,094,572
A security guarantee of $173,580 is held by the Bank as a commitment under the lease rental Agreement.
Annual Report 2017 – 2018 | 82 Notes to the Financial Statements for the year ended 30 June 2018
Research Consultancy & Corporate Commitments Agreements have been entered into amounting to $428,286 involving future payments within the next 12 months for research, consultancy and corporate services.
NOTE 15: CONTINGENT LIABILITIES The company had no known contingent liabilities as at 30 June 2018.
NOTE 16: EVENTS SUBSEQUENT TO REPORTING DATE 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 company in future financial years.
NOTE 17: COMPANY DETAILS The registered office of the company is: Queensland South Native Title Services Limited Level 10, 307 Queen Street BRISBANE QLD 4000
Date of Incorporation: 2 June 2005
83 | Queensland South Native Title Services Directors’ Declaration
The directors of the company declare that:
1. The financial statements and notes, as set out on pages 72 to 83 are in accordance with the Corporations Act 2001: (a) comply with Accounting Standards and the Corporations Regulations 2001; and (b) give a true and fair view of the financial position as at 30 June 2018 and of the performance for the financial year ended on that date of the company
2. In the directors’ opinion there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable.
This declaration is made in accordance with a resolution of the directors.
Director______Director______Colleen May Wall Bernie Yates
Dated:
Annual Report 2017 – 2018 | 84 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership
Chartered Accountants & Business Advisers
Independent Audit Report to the Members of Queensland South Native Title Services Limited for the year ended 30 June 2018
REPORT ON THE AUDIT OF THE FINANCIAL REPORT
Opinion 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 2018, the statement of profit or loss and comprehensive income, statement of changes in equity and cash flow statement for the year ended on that date, notes comprising a summary of significant accounting policies, other explanatory notes and the Directors’ declaration of the financial statements giving a true and fair view of the financial position and performance of the Company.
In our opinion, the financial report of Queensland South Native Title Services Limited is in accordance with the Corporations Act 2001, including:
i. gives a true and fair view of the Company’s financial position as at 30 June 2018 and of its financial performance and its cash flows for the year ended on that date; and ii. complying with Australian Accounting Standards – Reduced Disclosure Requirements and the Corporations Regulations 2001.
Basis for Opinion We conducted our audit in accordance with Australian Auditing Standards and the requirements of the Corporations Act 2001. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Report section of our report. We are independent of the Company in accordance with the requirements of the Australian professional ethical pronouncements. We believe the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
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.
85 | Queensland South Native Title Services Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership
Chartered Accountants & Business Advisers
Independent Audit Report to the Members of Queensland South Native Title Services Limited (Cont’d) for the year ended 30 June 2018
Other Information The directors are responsible for Other Information in the annual report. The Other Information we obtained prior to the date of this Auditor’s Report was the Director’s Report; no Other Information will be provided. Our opinion on the Financial Report does not cover the Other Information and, accordingly, the auditor does not and will not express an audit opinion or any form of assurance conclusion thereon. In connection with our audit of the Financial Report, our responsibility is to read the Other Information. In doing so, we consider whether the Other Information is materially inconsistent with the Financial Report or our knowledge obtained in the audit, or otherwise appears to be materially misstated. We are required to report if we conclude that there is a material misstatement of this Other Information in the Financial Report and based on the work we have performed on the Other Information that we obtained prior the date of this Auditor’s Report we have nothing to report.
Board’s Responsibility for the Financial Report The board of the Company is responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards – Reduced Disclosure Requirements and the Corporations Act 2001. This responsibility includes designing, implementing and maintaining internal control 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.
In preparing the financial report, the board is responsible for assessing the Company’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the Board intends to wind up the Company or to cease operations, or has no realistic alternative but to do so.
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.
Annual Report 2017 – 2018 | 86 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership
Chartered Accountants & Business Advisers
Independent Audit Report to the Members of Queensland South Native Title Services Limited (Cont’d) for the year ended 30 June 2018
Auditor’s Responsibility for the Audit of the Financial Report Our responsibility is to express an opinion on the financial report based on our audit. Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion.
Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial reports.
The procedures selected depend on the auditor’s judgement, including 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 control relevant to the entity’s preparation of the financial report that gives a true and fair view 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 control. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.
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 conclude on the appropriateness of the Board’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the registered entity’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial reports or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to date of our auditor’s report. However, future events or conditions may cause the registered entity to cease to continue as a going concern.
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.
87 | Queensland South Native Title Services Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership
Chartered Accountants & Business Advisers
Independent Audit Report to the Members of Queensland South Native Title Services Limited (Cont’d) for the year ended 30 June 2018
We evaluate the overall presentation, structure and content of the financial report, including the disclosures, and whether the financial report represents the underlying transactions and events in a manner that achieves fair presentation.
We obtain sufficient appropriate audit evidence regarding the financial information of the registered entity to express an opinion on the financial report. We are responsible for the direction, supervision and performance of the audit. We remain solely responsible for our audit opinion. We communicate with the Directors regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.
We communicate with the board, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant audit deficiencies in internal control that we identify during our audit.
PKF Di Bartolo Diamond & Mihailaros
Ross Di Bartolo Partner
Dated: 26 October 2018
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.
Annual Report 2017 – 2018 | 88 Di Bartolo Diamond & Mihailaros An Australian Capital Territory Partnership
Chartered Accountants & Business Advisers
Disclaimer to the Members of Queensland South Native Title Services Limited for the year ended 30 June 2018
The additional financial data presented on pages 90 to 91 are in accordance with the books and records of the company which have been subjected to the auditing procedures applied in our statutory audit of the company for the financial year ended 30 June 2018. It will be appreciated that our statutory audit did not cover all details of the additional financial data. Accordingly, we do not express an opinion on such financial data and we give no warranty of accuracy or reliability in respect of the data provided. Neither the firm nor any member or employee of the firm undertakes responsibility in any way whatsoever to any person (other than Queensland South Native Title Services Limited) in respect of such data, including any errors of omissions therein however caused.
PKF Di Bartolo Diamond & Mihailaros
Ross Di Bartolo Partner
Canberra
Dated: 26 October 2018
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.
89 | Queensland South Native Title Services Detailed Profit and Loss For the Year Ended 30 June 2018 for the year ended 30 June 2018
2018 2017 $ $ INCOME Grant funding 12,520,141 11,594,902 Interest Income 40,021 45,532 Other Income and Services 94,086 162,056 Total Income 12,654,248 11,802,490
LESS EXPENSES Audit fees 27,449 26,207 Advertising 59,890 137,413 Bad debts written off 8,012 18,162 Bank charges 14,324 11,682 Board fees & associated expenses 58,207 131,704 Catering, venue hire & meetings 216,013 208,232 Computer expenses & IT Support 387,558 269,577 Consultancy fees - anthropological 728,639 920,087 Consultancy fees - legal 1,430,278 1,129,658 Consultancy fees – research & facilitators 42,436 45,800 Consultancy fees – other 9,424 203,266 Corporate expenses 404,150 241,783 Depreciatio 267,377 236,671 Impairment loss - 289,377 Insurance 58,240 60,634 Loss on sale of non-current assets 1,354 18,068 Mapping & Resources 66,702 57,614 Motor vehicle expenses (incl vehicle hire) 133,826 123,251 Office expenses 71,265 67,573 Other general expenses 54,479 58,470 PBC direct funding 260,500 140,000 Postage 45,405 48,594 Printing and photocopying 12,344 18,984
These financial statements should be read in conjunction with the attached Disclaimer.
Annual Report 2017 – 2018 | 90 Detailed Profit and Loss For the Year Ended 30 June 2018 for the year ended 30 June 2018
Provision for doubtful debts 6,344 (1,835) Rent 522,992 412,859 Repairs, maintenance and minor replacements 136,670 166,973 Salaries and on costs 6,003,172 5,290,788 Subscriptions 83,538 50,486 Superannuation 518,488 457,260 Telephone & communications 198,591 214,162 Training & professional development 94,434 89,961 Traveling & accommodation expenses (incl consultant travel 1,087,017 1,127,023 TOTAL EXPENSES 13,009,118 12,270,484
OPERATING SURPLUS/(LOSS) (354,870) (467,994)
These financial statements should be read in conjunction with the attached Disclaimer.
91 | Queensland South Native Title Services