Section / Page Letter of Presentation 2 chair Report 3 ceo Review 4 our company’s Purpose, Vision & Values 7 the Board of Directors 9 executive team 15 Management and operational Structure 17 corporate governance 21 Sustainability and corporate Responsibility 23 Human Resource Management 25 our community - our Service 26 overview of ntScoRP operations 27 overview of the native title environment in nSW 29 increased Policy activity and consultation 32 ntScorp Performing the Functions of a 33 native title Representative Body other Functions 34 ntScoRP Ltd overview of native title Matters in nSW 35 and the act in 2008-2009 annual Report Judicial and administrative Decisions 36 Report on Performance by Matter 37 08/09 ntScoRP Limited Financial Statements 42 contents ANNUaL RePoRt the Hon. Jenny Macklin MP Minister for Families, Housing, 2008/09 community Services and indigenous affairs Parliament House CANBeRRa ACT 2600 Chairperson’S Dear Minister, Message RE: 2008 – 2009 ANNUAL REPORT I have pleasure in presenting the Annual Report for NTSCORP Limited which incorporates the audited financial statements for the financial year ended 30 June 2009. This is in accordance with the Commonwealth Government 2008 – 2009 General Terms and Conditions Relating to Native Title Program Funding Agreements. On behalf of the directors and members 2007-2008 was a very successful year, Another initiative which holds promise for Yours sincerely, of NTSCORP Limited (NTSCORP), I during which the Githabul consent NSW is the Victorian Settlement Framework, acknowledge my Ngunnawal Elders, other determination and the Byron Bay announced in early 2009. The framework Elders, native title claimants and other Bundjalung ILUAs were completed. provides for direct negotiations between native title stakeholders within our Following this, 2008-2009 has been a Traditional Owners and the State, and was representative area. year of consolidation. Several claims were developed to provide a method of settling advanced with the prospect of three, native title claims that operates outside the The current reporting period has seen possibly four, major claims being completed current system. This innovative alternative is NTSCORP forge new relationships with Michael Bell by the end of the 2009-10 financial year. designed to eliminate the high costs, delays, stakeholders and consolidate existing Chairperson Significant results are expected to flow from uncertainties and complexities of the current partnerships. In particular, NTSCORP has NTSCORP the resolution of these claims, not least of native title system. NTSCORP continues successfully engaged with the Federal which is the prospect of the advancement to advocate for similar alternatives to be Government, which is showing positive signs of native title in New South Wales. These considered by the NSW Government. of a renewed commitment to achieving achievements will represent the culmination better native title outcomes for the Aboriginal We are pleased that the Commonwealth of the native title strategy implemented in people of NSW. Government has responded to the 2001 by the Native Title Unit, then New strong advocacy of NTSCORP and other There have been several changes to the South Wales Native Title Services (NSWNTS) representative bodies, to strengthen the board. We thank and farewell outgoing and now NTSCORP. native title infrastructure through new and member-directors: Ms Leah Armstrong, who NTSCORP will soon sign a Memorandum improved funding agreements. This more contributed valuable expertise in business of Understanding with the NSW Aboriginal focused funding approach will enable enterprise and Mr Anthony Ashby, whose Land Council (NSWALC) to formalise and financial stability and operational accuracy, knowledge and experience helped strengthen enhance the existing working relationship which in turn will allow NTSCORP to focus NTSCORP’s financial management structures between our respective organisations. on achieving the best possible outcomes for and improve reporting. This Memorandum supports our shared Traditional Owners. We welcome two new member-directors: responsibility to the Aboriginal population I would like to thank our Executive team: Ms Yvonne Stewart and Ms Katie Wyatt. of NSW and recognises that by working CEO, Mr Warren Mundine; General Counsel, We recognise Ms Stewart’s determination collaboratively we can better protect the Mr Damien Bidjara-Barnes; Chief Operations to work through the native title process to interests and realise the aspirations of Officer, Dr Ken Lum, and Chief Financial successful completion, she has a strong Traditional Owners. Officer, Mr Allan Barraza. I also thank our management background with Indigenous Of great importance to all Aboriginal staff for their hard work and dedication to organisations and experience in strategic people across Australia is the new native title issues. I would particularly like environmental management and cultural employment strategy: the Australian to thank the members and the board of and natural history. Ms Wyatt, a business Employment Covenant, which aims directors for their continued faith in me and communications consultant, has strong to secure 50,000 sustainable jobs for as the chairperson of the company. experience in human resources and people Indigenous Australians. This initiative management and we look forward to her will have a real impact on reaching and contribution to the board. maintaining high levels of Aboriginal Ms Wyatt and Ms Stewart were recruited to employment across Australia. NTSCORP ensure continuity and compliance with relevant participated in the establishment of legislation and were appointed on 2 July 2009. the Covenant through our CEO Michael Bell Positions remain vacant on the board and Mr Warren Mundine. Chairperson NTSCORP is seeking to fill these positions and to fulfil our commitment to maintain gender equality among the board members. Michael Bell Chairperson 3 | 4 ANNUaL RePoRt 2008/09 CEO ReVieW I welcome you to the NTSCORP annual 2007-2008 was an intense period of As the Chairman’s Report stated, NTSCORP rebadging the NTSCORP Newsletter report for 2008-2009. This reporting consultation and resolution of agreements, has consolidated its governance and with the appropriate title of ‘Gurri Mabul’, year has been dominated by initiatives due largely to the work of NTSCORP staff operating structures and the majority which means “Aboriginal Voice” in the to consolidate and strengthen the and the commitment of Traditional Owner of board members are now continuing Bundjalung language. organisation’s financial management, communities. Agreements were completed directors. In 2008-2009 the board NTSCORP’s first priority is its people training and leadership, and to build for the Githabul People, Barkandji People, welcomed Ms. Katie Wyatt. As a business and we’re fortunate to have a highly NTSCORP’s governance infrastructure. North East Wiradjuri People - Portland and and communications consultant with skilled workforce with low turnover. The Gomeroi Narrabri. In 2008-2009 NTSCORP many years experience in government and The focus throughout 2008-2009 on the professional development of the team consolidated and made substantial progress corporate roles, Ms. Wyatt brings strong internal operations of the organisation has continued throughout 2008-2009 with in moving other matters towards agreement. expertise in people management and proved successful. After posting a financial directors and staff undertaking training to The organisation provided representation business engagement to the board and to loss in 2007-08, NTSCORP has delivered update skills and qualifications in the areas to 13 native title claimant groups and NTSCORP. The board now has a balanced an almost $250,000 financial turnaround in of business and financial management. performed other functions of a NTRB in mix of younger and older members, male just 12 months, posting a $92,763 profit in I would like to take this opportunity to relation to a further 14 native title matters. and female, with all directors bringing 2008-2009. This result is in part due to the thank the NTSCORP team, the board particular skills and experience to the restructuring of management and budget The Gomeroi Nation is an example of and our key stakeholders and contractors organisation, including corporate and accountability hierarchies and to improved a Traditional Owner community which for contributing to a positive working community-based experience. reporting of financial performance. benefits from NTSCORP representation environment that leads to productive and advocacy. Negotiations will commence ‘Continuous improvement’ is a management outcomes for Indigenous communities. In 2008-2009 NTSCORP received a in 2009-2010 for an agreement between philosophy adopted by NTSCORP to ensure five percent increase in revenue from The 2008-2009 reporting period has seen the Traditional Owners and the State, the strong leadership and a strategic focus. the Department of Families, Housing, some changes take place in NTSCORP which is aimed at building the capacity The evolution of NTSCORP continued in Community Services and Indigenous Affairs office locations. The decision was made and governance structures of the Gomeroi 2008-2009 and it is one of few, if not the (FaHCSIA), a welcome acknowledgement to strengthen the Coffs Harbour office as Nation. The proposed negotiated agreement only Indigenous organisation that has an of the Federal Government’s commitment the main hub of