Queensland South Native Title Services ANNUAL REPORT 2015 ... · 07 | Queensland South Native Title...

Queensland South Native Title Services ANNUAL REPORT 2015 - 2016

Annual Report 2015 – 2016 | i

LETTER OF TRANSMITTALSenator the Hon Nigel Scullion Minister for Indigenous Affairs Parliament House Canberra ACT 2600

15 October 2016

Dear Minister

We are pleased to present the 2015 - 2016 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 2016.

Thank you for your ongoing support of the work QSNTS is undertaking.

Yours sincerely Board of Directors Queensland South Native Title Services

Darumbal Country

0201 | Queensland South Native Title Services Annual Report 2015 – 2016 |

TABLE OF CONTENTSLetter of Transmittal ................................................................................................................................................... i

Table of Contents ...................................................................................................................................................01

Glossary ...................................................................................................................................................................03

Contact Details.......................................................................................................................................................04

Board Report ..........................................................................................................................................................05

CEO Report ............................................................................................................................................................07

QSNTS Overview ...............................................................................................................................................09

Background ....................................................................................................................................................10

QSNTS Strategies and Priorities ..............................................................................................................11

QSNTS Processes and Operational Plan ..............................................................................................12

Legislative Functions ....................................................................................................................................13

Corporate Governance ...............................................................................................................................14

Organisational Structure .............................................................................................................................15

Strategic Plan ................................................................................................................................................16

Statutory Services ........................................................................................................................................17

Performance Report .......................................................................................................................................19

Claim Areas ....................................................................................................................................................20 Outputs 2015-16 .........................................................................................................................................22 Narrative Discussion ....................................................................................................................................23 Current Claims ..............................................................................................................................................25 QSNTS as a Respondent ...........................................................................................................................31 Other Litigation ..............................................................................................................................................32 Research .........................................................................................................................................................33 Advocacy ........................................................................................................................................................35

Stakeholder Engagement ...........................................................................................................................37 Organisational Capability ............................................................................................................................39 Future Acts .....................................................................................................................................................42 Grant Financial Performance Report ........................................................................................................43

Corporate Report ..............................................................................................................................................44

Governance ....................................................................................................................................................45 Corporate Governance ...............................................................................................................................46 Former Board Members ..............................................................................................................................46 Board Members as at 30 June 2016 .......................................................................................................47 Executive Management ...............................................................................................................................49 Planning and Reporting ...............................................................................................................................50 Risk Management .........................................................................................................................................50 Ethical Standards .........................................................................................................................................52 Remuneration .................................................................................................................................................52 External Scrutiny ...........................................................................................................................................53

Human Resources Report ...........................................................................................................................54

Workforce Planning ......................................................................................................................................55

Workforce Profile, Retention and Turnover .............................................................................................56

Training and Development ..........................................................................................................................56

Occupational Health and Safety ...............................................................................................................57

Looking Ahead: Human Resources in 2016-17 ....................................................................................57

Financial Report ................................................................................................................................................58

Yulluna Country

03 | Queensland South Native Title Services 04Annual Report 2015 - 2016 |

CONTACT DETAILSBrisbane OfficeLevel 10, 307 Queen Street PO Box 10832, Adelaide Street Brisbane, Queensland, 4000

P (07) 3224 1200 | free call 1800 663 693 F (07) 3229 9880 E [email protected] W www.qsnts.com.au

RockhamptonLevel 5B, 34 East Street PO Box 46 Rockhampton, Queensland, 4700

P (07) 4921 1090 | free call 1800 663 693 F (07) 4921 1095 E [email protected]

Mount Isa31-33 Commercial Road PO Box 1948 Mount Isa, Queensland, 4825

P (07) 4743 1322 | free call 1800 663 693 P (07) 3229 9880 E [email protected]

QSNTS Annual Report ContactMedia and Communications Coordinator | Jasmin Michiels

Annual Report PhotographyPhotography and artwork has been generously submitted by QSNTS stakeholders and staff.

Cover ArtworkJasmin Michiels and Suckerpunch Design

Design and LayoutSuckerpunch Design (Copyright QSNTS 2016)

Koa Country

GLOSSARY

ApplicantThe person or persons authorised by the native title claim group to represent the group in matters arising under the NTA in relation to the native title determination application.

AuthorisationThe process (usually in the form of a meeting) that a native title claim group uses to give permission to deal with matters arising in relation to that application, including a determination application.

ClaimAn application for a determination of native title, a revised determination of native title or a compensation application under s61 of the NTA. Also referred to as a native title determination application or a native title application.

Commonwealth of Australia

The Commonwealth of Australia as a respondent party in a native title determination application. Also referred to as ‘the Commonwealth’.

Native Title

The communal, group or individual rights and interests of Aboriginal Peoples and Torres Strait Islanders in relation to land and waters, where the rights 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.

State of QueenslandThe Queensland State Government and principal respondent party to a native title determination application. Also referred to as ‘the State’.

CEO Chief Executive Officer

CFO Chief Financial Officer

DPLO Deputy Principal Legal Officer

DPMC Department of the Prime Minister and Cabinet

ILUA Indigenous Land Use Agreement

MOU Memorandum of Understanding

NNTT National Native Title Tribunal

NNTC National Native Title Council

NTA Native Title Act 1993 (Cth)

NTRB Native Title Representative Body

NTSP Native Title Service Provider

PBC Prescribed Body Corporate

PLO Principal Legal Officer

QRBA Queensland Representative Body Alliance

QSNTS Queensland South Native Title Services


design to grant applications and identification of economic development opportunities, QSNTS new organisational structure aims to assist clients in realising their goals both while a native title claim is under way, and long after determination.

The expansion of work in PBC support-focused operations takes effect in the coming year and reflects new outcome-focused criteria issued by our funding body, the DPMC. However, it also reflects long-standing advocacy efforts to broaden horizons in the field of native title, from mere claim prosecution, to the much more impactful longevity of PBCs in the post-determination era.

One of the most prominent voices behind such advocacy efforts has been, and continues to be the Queensland Representative Body Alliance (QRBA), a united front that helps shape the future for native title aspirants through meaningful reform, and of which QSNTS is an active member. This year alone, the QRBA has worked collaboratively with the State of Queensland (‘the State’) to streamline connection and negotiation challenges, potentially taking years off the current native title process and bringing determinations to fruition more efficiently than ever before. Such reforms emphasise the critical importance of the collective advocacy efforts undertaken by the QRBA and its constituents, including QSNTS.

The QSNTS Executive team underpins much of this work, as well as operations in claim work and PBC support. On behalf of the Board of Directors, I extend thanks for the extraordinary

persistence demonstrated by the team throughout the financial year. I also thank our CEO and our Company Secretary for their outstanding efforts in maintaining contact with myself for monthly meetings and urgent requests as well as picking up the urgent work that comes out of the QRBA’s work with our State Government colleagues.

Finally, I also personally extend thanks to my Deputy Chair for standing in for me when I have been unavailable due to other work commitments, and to the other members of the Board of Directors for their enthusiasm and contributions to QSNTS during the reporting period. I pay particular acknowledgement and thanks to Pele Bennet and Selwyn Button, both of whom were appointed as Directors in the 2015-16 financial year.

It is a privilege for me to present the QSNTS 2015-16 Annual Report, which collates the many accomplishments we, and our clients have celebrated during the year, and canvases our operations into the future. Supported by the outstanding skills of our talented team members, and the unwavering commitment of our valued clients, QSNTS is well- positioned to tackle its future challenges, and welcome new opportunities head on.

Yours sincerely Colleen Wall Chairperson, Board of Directors Queensland South Native Title Services

Darumbal Country

BOARD REPORTOn behalf of the QSNTS Board of Directors, I am honoured to present the Queensland South Native Title Services 2015-16 Annual Report following another year of numerous challenges and opportunities in the native title sector.

This year, the Quandamooka People celebrate the fifth anniversary of their positive native title consent determination, a milestone achievement for the southern Queensland region and the very first claim successfully prosecuted by QSNTS after its incorporation in 2005.

Since then, QSNTS has continued to work diligently with our Aboriginal constituents across our region of responsibility, resulting in hard-earned and well-deserved recognition of native title rights and interests for no less than 15 Traditional Owner groups – an outstanding record among Native Title Representative Bodies, but more importantly, an outstanding accomplishment for Traditional Owner communities across Queensland.

In this reporting period, the Mithaka People in the state’s south-west and the Darumbal People in the Rockhampton region have each joined the growing number of Native Title Holders now recognised in Queensland, a feat for which QSNTS extends its most heartfelt congratulations.

I also take this opportunity to acknowledge and pay tribute to the QSNTS team, and to the family members who have lent their support and patience during the many hours worked by their loved ones above and beyond the call of duty. This dedicated team has not only operated with inspiring determination through many weekends towards bringing the native title aspirations of Traditional Owners to fruition, but they have also committed many hours of time to a new outlook for QSNTS and Native Title Holders alike: the introduction of the Implementation and Management Division at QSNTS, providing support services to Prescribed Bodies Corporate (PBCs) in the next phase of their native title journey.

The Implementation and Management Division represents a raft of opportunities for PBCs to capitalise on their native title rights and interests and to advance their Traditional Owner communities while remaining true to the unique cultures, customs and traditions to which they are so closely connected. From strategic planning to website


CEO REPORT

The 2015-16 financial year was an important transition year for QSNTS. It was a difficult year contending with the ‘usual’ complexities associated with native title claim work, whilst responding to the current and emerging needs of our PBC clients.

It was a year that mixed ‘old’ work with ‘new’: on one hand, work that is very familiar to QSNTS, forging a claim resolution practice, experience and capability that is second to none in the native title system; and on the other hand, work that represents the new horizon for the entire sector, supporting PBCs to ensure Native Title Holders can protect, manage and leverage recognised rights and interests.

Work that, wherever it sits on the native title continuum, yields crucially important outcomes for traditional owners, and hence in the doing, brings its own inherent reward.

However, the challenges of the 2015-16 year were compounded by significant funding reductions compared to previous years. The necessity of doing ‘more’ with ‘less’ is a common refrain of all modern day organisations, whether they be in the private, public or, like QSNTS, the not-for-profit sectors. The true measure of any organisation is how it responds in the cauldron of adversity, a challenge that QSNTS embraced with circumspection, creativity and steely resolve.

Innovation and collaboration are recurring themes throughout this Annual Report.

Innovation, whether in the form of organisational restructure that will soon see new product/service development such as a web-based Agreement database brought to life so clients can better manage and leverage existing agreements; or in the form of stretching the conventional wisdom that connection reports have little utility beyond the claim process.

Collaboration is critical, whether it be harnessing the considerable intellectual and experiential capital of the national and Queensland representative body systems in being an active member of the National Native Title Council (NNTC) and the QRBA; or working with the Centre for Native Title Anthropology to build research capability; or participating in the important work of the Indigenous Property Roundtable convened by the Australian Human Rights Commission.

Innovation and collaboration were important levers in dealing with complexity and resource constraints over the year and will remain so over the coming years. Gratitude is extended to all our clients and stakeholders that participated in the numerous projects and initiatives that were worked upon in 2015-16.

There were some important milestones in the year. Congratulations are extended to the Mithaka People and the Darumbal People for securing their respective native title determinations. It is noteworthy that in 2011, QSNTS assisted the Quandamooka People in the south-east to secure their determination, as well as the Kalkadoon People in the north-west. A ‘short’ five years later, the resolution of the Mithaka and Darumbal claims

Kevin Smith, QSNTS CEO Mithaka country

of the south-west and north-east respectively, mean that the four corners of QSNTS’ extensive operational boundaries are now covered by positive native title determinations. That is an important practical and strategic milestone for QSNTS and our client base.

It is also important to acknowledge privately-represented Traditional Owners the Wulli Wulli People, Iman People and Barada Barna People, who also each achieved legal recognition in the form of positive native title determinations during the reporting period. Congratulations!

Finally, thanks is extended to QSNTS’ hard-working, committed Board, and to the professional, dedicated staff body. We work for people, through people and with all the changes and challenges, QSNTS’ people remained rock-solid and crystal-clear over the past 12 months, focusing on the delivery of positive outcomes for our clients. Thank you.

I submit the CEO Report for your consideration.

Kevin Smith Chief Executive Officer (CEO) Queensland South Native Title Services

QSNTS OVERVIEW

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BACKGROUNDFollowing the High Court’s landmark Mabo and Others v Queensland (No 2) decision of 1992 which overturned the doctrine of terra nullius, the NTA was enacted by the Australian Parliament. The NTA was established to provide a framework for Aboriginal Peoples and Torres Strait Islanders to gain recognition of their rights and interests to traditional lands and waters. As a consequence, a network of Native Title Service Providers (NTSPs) and Native Title Representative Bodies (NTRBs) were recognised throughout Australia to provide this service. These NTRBs/NTSPs are funded by the Australian Government to perform functions identified by the NTA.

After the passage of the NTA, various organisations provided native title services to the area of Queensland for which QSNTS is now responsible. Due to a number of legislative amendments and reviews, the Australian Government withdrew its recognition and funding of these organisations, and provision of government-funded native title services in the area ceased for a brief period commencing on 22 June 2005. Under s203FE (1):

The Secretary of the Department may make funding available to a person or body, by way of a grant or in any other way the Secretary considers appropriate, for the purpose of enabling the person or body to perform, in respect of a specified area for which there is no representative body:

(a) All the functions of a representative body; or

(b) Specified functions of a representative body;

Either generally or in relation to one or more specified matters.

QSNTS was registered as a public company limited by guarantee on 2 June 2005 by the Australian Securities and Investments Commission. Later that month, QSNTS was invited by the Australian Government to apply for funding as an NTSP under s203FE (1) of the NTA. On 7 July 2005, then Minister for Immigration, Multicultural and Indigenous Affairs granted funding to QSNTS as an NTSP for the southern region of Queensland. In 2008, QSNTS was asked by the Australian Government to extend its region of responsibility.

QSNTS is governed by a Constitution that confirms the company’s objective to provide native title services to the Traditional Owners of the land and waters in its statutory region. QSNTS is funded by the Australian Government through the DPMC. QSNTS is accountable to the Australian Government for its conduct and expenditure.

Currently, QSNTS is one of Australia’s largest native title organisations, representing over half of Queensland. A regional presence is maintained with offices in Rockhampton and Mount Isa, and our head office is situated in Brisbane.

Yulluna CountryYulluna Country


Our VisionThrough native title, we drive the achievement of Indigenous self determination to redress the past, strengthen the present and empower the future.

Our PurposeRealising Traditional Owners’ aspirations to secure, manage and maximise native title outcomes through the provision of quality professional services in a dynamic environment.

Our ValuesAt QSNTS we honour culture, respect diversity and acknowledge our clients as the First Peoples of this nation by providing professional, accountable, collaborative and evidence-based services.

QSNTS STRATEGIES AND PRIORITIESQSNTS adopts a strict evidence-based approach to the investigation, preparation and prosecution of native title claims. Within the sensitive environment of identity and connection, QSNTS does not make decisions about who is who or where they belong, and instead focuses on providing evidence to the Federal Court for the enduring progression of native title claims. We draw on expert evidence, historical and other documentary records and, most importantly, on the evidence provided by Aboriginal People themselves. Against this backdrop, QSNTS allocates resources in the following descending order of priority, noting that some lower order activities might need to be undertaken before embarking upon a higher order activity:

1. All claims currently filed in the Federal Court must accord with credible evidence and are either handled in-house or briefed out to competent, ethical practitioners – the amount of resources allocated, as well as other factors such as logistics, are associated with the size and location of the native title claim group.

2. Preparation of regional or specific research projects pursuant to s203BJ that have high strategic value in resolving native title across a wider region – this research serves to clarify complex regions that have multiple competing assertions, as well as regions that have one or more adjoining native title determinations that can be used as ‘neighbour’ evidence to support new or current claims.

3. PBC ‘in-kind’ support including preparation and circulation of meeting notices, assistance at the first annual general meeting and other meetings; basic advice around the legal effect of Indigenous Land Use Agreements (ILUAs) and/or determinations.

4. Claim-specific research and investigation that arise from and are consistent with, the s203BJ research projects referred to in sub-paragraph two above.

5. The funding of inter- and intra-Indigenous dispute resolution pursuant to s203BJ, with particular priority 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 respondent issues remain.

6. Funding of interlocutory applications to dispose of unmeritorious Indigenous responses where dispute resolution (referred to in sub-paragraph above) has been unsuccessful.

7. The provision of limited future act legal advice, representation and assistance.

QSNTS PROCESSES AND OPERATIONAL PLANFrom 2008 to 2015, QSNTS delivered its services through small, multi-disciplinary case management teams comprising a lawyer, researcher, community relations officer and paralegal officer. However, as the result of an increase in native title determinations and reduced funding, QSNTS reorganised itself to better manage growing workloads associated with greater activity around Future Acts and PBCs.

The 2015-16 financial year marked the first full reporting period in which the new organisational structure was in place.

As an overview, QSNTS operates under three major service delivery teams – one responsible for regional research projects and PBCs under the leadership of the Principal Legal Officer (PLO), and two responsible for new and existing native title claims under the Deputy Principal Legal Officers (DPLOs).

The PLO and DPLOs are recognised as the solicitors on the record in all QSNTS matters, but continue to enjoy support and guidance from senior external consultants, including anthropologists, historians and linguists, as well as senior and junior counsel, in addition to their immediate colleagues operating within the QSNTS teams.

The activities of service delivery teams are governed by case management plans for each claim managed by QSNTS. The PLO and DPLOs meet with their

Mithaka Country


respective team members regularly to assess claim progress and develop case management plans accordingly. The plans cover a variety of actionable matters, including claim strategies, deliverables and risk management plans.

The Executive Team endorses and approves each case management plan and moderates the resource level based on the prioritisation principles enunciated above, while the Chief Financial Officer (CFO) assesses such reports to evaluate expenditure and determine a budget. Together, these case management plans comprise the yearly Operational Plan. This bottom-up planning process has been in place for the past five years and represents the continuous prosecution of a successful legal strategy developed to meet the unique needs of our clients.

The DPLOs report regularly on the progress of case management plans for new and existing claims to the PLO, who forms part of the QSNTS Executive Team. The Executive Team in turn reports to the Board of Directors on progress in terms of outcomes, outputs and finances at each quarterly Board meeting. Reporting against key deliverables in the Operational Plan is a standing agenda item of all Board meetings, and the Board signs off on the Operational Plan and any subsequent variation.

For this reporting period, the QSNTS Operational Plan was delivered to the DPMC on 27 May 2015.

LEGISLATIVE FUNCTIONSQSNTS provides the full range of statutory services as prescribed by the NTA:

s203BB - Facilitation and AssistanceQSNTS conducts the research and preparation of native title applications and represents and facilitates native title-related proceedings. These include consultations, mediation, negotiations and proceedings relating to native title applications, Future Acts, ILUAs and any other matter related to native title.

s203BE - CertificationQSNTS certifies native title applications and applications for the registration of ILUAs.

s203BF - Dispute ResolutionQSNTS provides assistance in promoting agreement between clients regarding native title applications by conducting consultations, negotiations, mediation and other native title related proceedings. QSNTS provides mediation services between client groups regarding native title claim issues such as claim boundary overlaps and shared Apical Ancestors.

S203BG - NotificationQSNTS ensures that notification of proposed activities which relate to the land and waters wholly or partly within our region are brought to the attention of Native Title Holders and claimants and relevant information is given to these persons.

S203BH - Agreement MakingQSNTS will participate as a party to ILUAs where appropriate, consulting with and having regard to the interests of native title claimants.

S203BI - Internal ReviewQSNTS provides a process where clients can seek review of the decisions and actions executed in the implementation of statutory services.

S203BJ - Other FunctionsQSNTS conducts other functions related to native title that aim to improve the native title system and to deliver better results for Traditional Owners. Examples of these functions include reform, capacity development, regional research projects, and negotiating agreements with other organisations such as Memorandums of Understanding (MOUs). In particular QSNTS undertakes regional research projects pursuant to section s203BJ(b).

Darumbal Country Darumbal Country

CORPORATE GOVERNANCEThe QSNTS governance structure consists of a Board of Directors which provides high-level strategic direction to the Executive Team, led by the CEO, in managing the organisation’s operational (case management) and non-operational (corporate) activity. Further information regarding the QSNTS governance structure can be found in the Corporate Report section of this Annual Report.


Through Native Title, we drive the achievement of Indigenous self-determination to redress the past,

strengthen the present and empower the future.

The organisational structure for QSNTS as at 30 June 2016 is as follows:The existing strategic plan for QSNTS was scheduled to conclude as of 30 June 2016, however while QSNTS undergoes further transition to meet the demands of greater focus on PBC and Future Act work, the currency of the strategic plan has been extended with approval from the Board of Directors for an additional 12-month period.

In line with this plan, QSNTS’ focus is to improve engagement with our clients, constituents and stakeholders. We will increase the rate of resolution of claims, effectively manage disputes and promote cohesive relationships between clients. We will continue to respond to an evolving native title environment by:

1. Providing high quality professional services to secure native title or alternative settlement outcomes for Traditional Owners.

2. Establishing, developing and maintaining a leading dispute resolution capability.

3. Strengthening organisation capability to enable PBCs to manage and maximise native title outcomes.

4. Advocating to reform and improve the native title system through influencing policy, legislation and administrative processes.

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 reform, capacity development and statutory services.

ORGANISATIONAL STRUCTURE

Human Resources Manager

Research and Geospatial Manager

Deputy Principal Legal Officer x2

Board of Directors

Chief Executive Officer

Chief Financial Officer

Principal Legal Officer

CORPORATE TEAM• Finance• Human Resources• IT and Records• Assets and Facilities • Media and Communications• Events Officers• Reception • Coordination of PBC Support

RESEARCH TEAM• Research Officers• Research Administration• Claim and Regional

Research Projects• Mapping/Geospatial• Community Relations Officers

LEGAL OFFICERS AND SUPPORT TEAM• Lawyers• Paralegal Officers• Legal Administration(Including PBC Support and Future Acts)

PBC SUPPORT PROGRAM: Co-opting model - expertise and skills engaged as needed from across the organisation.

Company Secretary

Executive Support

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Capacity DevelopmentA key function of QSNTS is to establish and enhance the capability of Aboriginal People and Torres Strait Islanders to effectively pursue avenues of self-determination by benefitting from their native title rights and interests recognised as part of the broader native title system.

QSNTS’ PBC Support Program operates to this end, with the understanding that on determination of native title, Traditional Owners procure responsibility for managing associated rights and interests with limited funding, training or other support to effectively do so. Through the provision of ‘in-kind’ support and limited funding, QSNTS focuses on the existing skills, aspirations and needs of Traditional Owner groups to help establish rewarding partnerships, manage their native title rights and interests independently and sustainably, and work toward the overarching goal of genuine self-sufficiency.

The PBC Support Program functions as a request-driven ‘facilitation and assistance’ service under s203BB of the NTA, offering assistance across a broad range of fields, from PBC establishment to administrative compliance, community engagement and financial management.

In this reporting period, QSNTS has consulted extensively on the future direction of the organisation in terms of capacity development for Traditional Owners following a native title determination. This future planning process aims

STATUTORY SERVICESQSNTS aims to deliver a complete range of statutory services to realise our clients’ aspirations.

Native Title ClaimsQSNTS provides legal representation and facilitation assistance to native title claimants by providing consultation, mediation, negotiation, agreement making and court appearances relating to their native title claims.

QSNTS also assists and facilitates research for and preparation of native title claims. This includes seeking evidence to determine ‘right people for right country’, resolving disputes that may arise in identifying the claim group, and certification of the claim for lodgement with the Federal Court of Australia.

Further information about QSNTS’ legal and research assistance during the reporting period can be found in the Performance Report section.

Future ActsA ‘future act’ is a proposed activity that may affect native title, for example: mining, exploration, compulsory acquisition, tourism and other developments. Under the NTA and the Aboriginal Cultural Heritage Act 2011 (Qld), a registered native title claim has certain procedural rights, which include the right for Applicants to be notified and consulted on Future Acts that may affect their native title rights and interests.

Most Future Acts are notified under s24 of the NTA. As the NTSP for the region, QSNTS receives Future Acts notices and forwards them to the relevant native title claim Applicants. QSNTS provides registered Applicants with assistance to understand the complex process allowing them to comment on or object to the proposed activities.

Activities such as mining, petroleum, exploration and compulsory acquisition of land for non-government parties are notified under s29 of the NTA. Where a right to negotiate applies, QSNTS provides a service representing the registered native title claim group in negotiation and arbitration of Future Acts as necessary.

Indigenous Land Use Agreements (ILUAs)An ILUA is a negotiated agreement between native title groups and other parties (for example, government, pastoralists and utility providers) about the use and management of land and waters in a certain area. ILUAs are provided for under the NTA. They are used as a mechanism to resolve certain native title issues through a negotiated process as an alternative to costly and time-consuming litigation processes. A registered ILUA is legally binding for the parties to the agreement and Native Title Holders.

QSNTS provides facilitation assistance and representation in negotiating, resolving and certifying registration of ILUAs.

Further information regarding ILUA negotiations during the reporting period can be found in the Performance Report section.

ReformQSNTS is committed to the development of a fair and balanced native title system, making advocacy for reform and improvement of native title processes and outcomes a necessary function. To this end, QSNTS takes every opportunity to engage with reviews of administrative frameworks and of both state and federal legislation. Further, QSNTS participates extensively in advocacy programs through its membership of the NNTC, as well as state-wide collaborative efforts with other NTRBs/NTSPs.

Left: Nockatunga, Middle: Wambin, Right: Wambin

to address significant changes in funding guidelines prescribed by the DPMC for the 2016-17 reporting period, and QSNTS is now well-positioned to ensure Traditional Owners benefit fully from the Department’s expanded focus on post-determination support and PBC longevity.

PERFORMANCE REPORT

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CLAIMED AREAS

Darumbal Country


REVIEW OF PERFORMANCE QSNTS is proud to report that two native title claim groups within our region achieved a determination of native title during this reporting period, by consent determination or judicial hearing. Additionally, the rise in native title determinations has coincided with increased Future Act activities, as seen in the accompanying table.

Outputs 2015-16

Facilitation and Assistance Number

The Claims Experience

Total active registered claims within the region at 1 July 2015 28

Active Claims Represented at 1 July 2015 21

Plus claims filed by QSNTS 4

Less claims determined 2

Less claims dismissed (represented by QSNTS) 0

Ceased to act 0

Plus or less any other (consolidated) 1

Active claims represented at 30 June 2016 22

QSNTS as respondent 4

Claims in development 6

Non-claimant applications 2

Discontinued/resolved non-claimant applications 1

Compensation claims 0

s203 BJ(b) regional research projects 4

The Agreements Experience

Future Acts notices received 1794

Responses to Future Acts 1673

Agreements concluded 61

Agreements in development 70

ILUAs concluded and registered 61

Complaints and Disputes

Complaints received 13

Complaint resolved 13

Complaints pending resolution 0

Requests for Review of Decisions Not to Assist

Requests received 1

Reviews completed 2

Petitions overturned on internal appeal 0

Requests for External Review of Decisions Not to Assist

Complaints received 2

Complaint resolved 2

Complaints pending resolution 0

Koa Country


NARRATIVE DISCUSSIONIn 2015-16, QSNTS made significant advances on behalf of clients toward resolution of their respective native title claims, including consent determinations for two Traditional Owner groups and filing of new claims for various others.

Consent DeterminationsMithaka People – 27 October 2015

In one of Queensland’s largest native title determination outcomes, the Mithaka People were formally recognised as Native Title Holders over more than 33,800 sq km of land and waters in Queensland’s south-west corner following a remote sitting of the Federal Court of Australia at Windorah on 27 October 2015.

The decision by the Honourable Justice Darryl Rangiah favoured a positive native title determination, closing a difficult, but hard-won battle lasting 13 years after the Mithaka People first filed their native title claim in November 2002.

The special hearing attracted more than 100 attendees to the Windorah Town Hall, including members of the Mithaka People, representatives of the State, the Federal Court, and respondent parties to the native title claim, as well as local media, who were treated to celebrations following the Federal Court hearing, including a traditional smoking ceremony symbolising unity across diverse cultures and people.

Mithaka country is now among the largest determined areas in the southern Queensland region, forming part of Channel Country renowned for its complex network of rivers and waterways, and encompassing the small town of Betoota approximately 1,400km west of Brisbane.

The Mithaka People now embark on the next phase of the native title journey, following the establishment of the Mithaka Aboriginal Corporation in September 2015, which is recognised as managing the native title rights and interests belonging to the Mithaka People. QSNTS will continue working closely with the Native Title Holders throughout their next endeavours.

Darumbal People – 21 June 2016

The Darumbal People this year made a significant step toward resolving one of Queensland’s longest-running native title claims with the Federal Court of Australia formally recognising native title rights and interests over more than 14,500 sq km of land and waters forming Part A of the claim first filed in June 1997.

Sitting at an on-country hearing held at Rockhampton’s iconic Dreamtime Cultural Centre, the Honourable Justice Berna Collier delivered her judgement on the first part of the two-part claim to an audience of more than 200 attendees. Among them were members of the Darumbal People, as well as State Member for Keppel Brittany Lauga MP, Mayor of Rockhampton Margaret Strelow, and a volume of media outlets, including Channel 7, WIN News, ABC Radio and the Morning Bulletin.

The determined area encompasses 14,880 sq km of land and waters in the Rockhampton region, including the lower Fitzroy Basin and coastal areas spanning northward to Stannage and Shoalwater Bay. Notably, the area also includes the city of Rockhampton itself, and the towns of Yeppoon, Gracemere, Stanwell, Westwood, Torilla and Ogmere, making the Darumbal People’s determination one of just 10 made over cities or regional centres since the NTA first came into effect.

The Darumbal People expressed motivation and commitment to utilise the economic development opportunities now available to them in line with recognition of their native title rights and interests, and QSNTS looks forward to working with the community on their future endeavours. In the meantime, QSNTS continues to work diligently on the Darumbal People’s Part B native title claim, aiming to resolve the matter as swiftly as possible.

QSNTS applauds both the Mithaka People and the Darumbal People on their resolve throughout the native title process, and congratulates the Traditional Owners on gaining rightful recognition as Native Title Holders in the southern Queensland region.

Left: Channel 7 Local News filming at the Darumbal People’s consent determination, Middle: Member for Keppel Brittany Lauga with Darumbal Elder Nyoka Hatfield, Right: Darumbal Applicant Billy Mann presents a gift to the State.

Left: Mithaka Applicant Scott Gorringe with the Honourable Justice Darryl Rangiah, Middle: Dr Valerie Cooms congratulates Mr Gorringe on the Mithaka People’s native title outcome, Right: Attendees at the Mithaka People’s consent determination hearing in Windorah, Middle: Mithaka Applicant Scott Gorringe with Dr Valerie Cooms at the Mithaka consent determination, Right: Attendees at the Mithaka People’s consent determination hearing in Windorah.


CURRENT CLAIMSBarada Kabalbara Yetimarala

The Barada Kabalbara Yetimarala (BKY) People currently have two native title determination applications filed with the Federal Court.

Throughout 2015, QSNTS provided assistance by way of legal representation to a BKY claimant and member of the BKY Applicant to join as a respondent to the Barada Barna proceedings. The purpose of the joinder was to have the apical ancestor of the BKY Applicant in question added to the Barada Barna claim group description. The Court made orders accordingly on 22 January 2016.

Throughout the reporting period, the gathering of supporting evidence for the BKY claims through anthropological and genealogical research, as well as fieldwork, has progressed. Several interviews with BKY claimants have occurred in preparation for producing detailed witness statements to support the claims.

The BKY legal team, research team and expert anthropologist are continuing work on the |connection material in order to meet QSNTS’ deadline set for May 2017.

Butchulla

In October 2015, the Butchulla People authorised the making of an ILUA with the State, acting through the Department of Health (on behalf of the Queensland Ambulance Service), dealing with the construction of an Ambulance Station in Rainbow Beach.

This ILUA provides a range of outcomes and benefits for the Butchulla People, including:

• compensation for the loss of native title within the agreement area;

• consultation in the naming of the Ambulance Station;

• acknowledgement of the Traditional Owners of the agreement area;

• payment for Indigenous artwork to be displayed in the Ambulance Station; and

• protocols for the management of cultural heritage.

The Rainbow Beach Ambulance Station ILUA was fully executed in March of 2016, and, in the reporting period, is currently under consideration for registration by the Native Title Registrar.

Connection has already been accepted for a portion of the claim area of the Butchulla mainland and sea claim. The Applicant and State are continuing to engage to resolve connection issues for the remainder of the claim area, and preparations for an on-country evidence process are underway to allow for Butchulla People to give evidence on country

with representatives from the State and Australian Governments present. This on-country evidence process is expected to take place in December 2016.

Darumbal

Proceedings to determine Part B of the Darumbal claim remain afoot.

Gunggari #4

The Gunggari People #4 native title determination application was filed on 10 October 2012.

This claim remained adjourned pending resolution of the overlap with Bidjara People # 6 and was not listed for any directions hearings during the reporting period.

At an administrative listing in December 2015, the Court ordered that the Gunggari People #4 matter be listed at a date to be advised after the hearing of applications for summary judgment in the Bidjara People #6 (which overlapped Gunggari People #4) and Bidjara People #7 matters.

The summary judgment applications were heard in late June 2016, and no date was advised (as at the end of the reporting period) for the listing of the Gunggari People #4 matter.

Kabi Kabi

The Kabi Kabi First Nation Traditional Owners native title determination application was filed on 31 May 2013.

Pending the State and the Commonwealth’s response to the Kabi Kabi connection material, in October 2015 the Applicant proposed to the State a streamlined approach to resolving tenure issues within the claim area.

In November 2015, the Applicant provided the State with further connection material including a supplementary report by Dr Tony Redmond and witness statements by members of the claim group.

In April 2016, the State and Applicant met on a without prejudice basis to discuss issues around connection and tenure. The State and Applicant further agreed to meet again in future to progress resolution of the claim in July 2016.

In addition to the ongoing meetings with the State, QSNTS, on behalf of the Applicant, is involved in ongoing communication with the Commonwealth with the objective of resolving outstanding connection issues.

Koa

The Koa People’s native title determination application was filed on 16 July 2015, following the filing of a non-claimant application within the Koa People’s region. Ongoing regional research undertaken by QSNTS in the preceding period enabled the organisation to respond swiftly to the circumstances by having an application authorised and filed in a relatively brief timeframe.

Left: Students who are learning the language of the Darumbal People at Crescent Lagoon State School attended the Darumbal People’s consent determination hearing, Middle: Darumbal youths perform traditional dances to a crowd, Right: The Honourable Justice Berna Collier presents her judgement to the Darumbal People.

Left: On behalf of the Darumbal People, Roy Hatfield accepts a gift from QSNTS, Right: The Darumbal People celebrating their native title consent determination.


The Koa People’s native title determination application covers 31,083 sq km and includes the traditional land and waters of the Koa People within the local authority areas of the Barcaldine Regional Council, Boulia Shire Council, Cloncurry Shire Council, Flinders Shire Council, Longreach Regional Council, Mckinlay Shire Council, Winton Shire Council.

The Koa People’s native title claim was accepted by the National Native Title Tribunal (NNTT) for registration on 28 September 2015, and a notification period instated from 16 December 2015 to 15 March 2016. Substantive research into the matter has also been completed and a connection report prepared.

Kunja

The Kunja People’s native title determination application was filed in the Federal Court of Australia on 17 July 2015. The Kunja claim area is centred around the Warrego River, extending from the Queensland state border, west of Tego in the south, to Wyandra in the north and Widgeegoara Creek in the north east.

On 19 November 2015, the application was accepted for registration and entered on the Register of Native Title Claims. The claim was notified on 24 February 2016, with the notification period ending on 23 May 2016.

A meeting with the Applicant and QSNTS legal representatives took place in May 2016 in Cunnamulla to discuss the progress of the claim, and another such meeting is scheduled for October 2016. The gathering of supporting evidence for the

Kunja People’s claim through anthropological and genealogical research, as well as fieldwork, has already commenced and is ongoing.

Interviews with Kunja claimants have taken place this year in preparation for producing detailed witness statements to support the claims. Such interviews will continue into early 2017.

Mandandanji

The reporting period has seen a number of developments in the Mandandanji People’s native title claim.

On 18 December 2015, the Honourable Justice Rares programmed the matter for trial, with a hearing on all issues to commence on 28 November 2016. In accordance with the trial program, the Applicant filed pleadings and the evidence it would be relying upon in March/April 2016.

An authorisation meeting to consider proposals to amend the claim was held in Roma on 7 May 2016. This was the subject of Justice Rares’ decision and grant of leave to the Applicant on 25 May 2016 in Weribone on behalf of the Mandandanji People v State of Queensland [2016] FCA 425.

In accordance with the decisions of the claim group in May 2016 and pursuant to leave granted by the Court, a further amended claim was prepared for filing.

The Applicant has received service of the First Respondent’s defence and objections to evidence. Further preparations towards trial are continuing,

including meetings and interviews with the Applicant and relevant claimants wishing to participate as witnesses in the trial.

Mardigan

The Mardigan People’s native title claim was filed on 17 January 2007. The area subject to the Mardigan People’s native title claim surrounds (and includes) Quilpie in Central South Queensland, spanning approximately 15,480 sq km.

QSNTS continues its efforts to compile further evidence sufficient to prove connection and persuade the State that it may properly consent to a determination of native title.

The Mardigan People’s native title claim continues to remain in negotiations.

Mitakoodi and Mayi People

Substantial research efforts were directed towards finalising evidence for this claim.

Two meetings of the native title claim group were held, however progress in the matter was slowed due to intra-group disputation.

Mithaka

On 27 October 2015, the Mithaka People’s native title determination application Scott Gorringe and Others v State of Queensland and Ors, was determined by the Honourable Justice Rangiah of the Federal Court in Windorah.

The Mithaka determination recognises the continuing existence of native title rights and interests over 33,840 sq km between Birdsville and Windorah and is one of the largest determinations in terms of area in Queensland.

The Mithaka Aboriginal Corporation previously registered on 23 September 2015 with the Office of the Registrar of Indigenous Corporations was determined by the Court to be the PBC to hold the rights and interests from time to time comprising the native title in trust for the Mithaka common law holders.

The Mithaka Aboriginal Corporation, on behalf of the Mithaka People, is presently involved in negotiations over a tenure resolution ILUA with the State.

Port Curtis Coral Coast

The Port Curtis Coral Coast (PCCC) native title determination application was programmed for trial on 2 May 2014 by the Honourable Justice Dowsett, and preparations towards trial, including conferences with the First Respondent, the State, for the purposes of narrowing and settling issues in dispute, have been relentlessly pursued during the reporting period.

Authorisation meetings for the claim group were held on 17 and 18 October 2015, and on 26 April 2016 to afford the claim group the opportunity to consider relevant proposals for amendments to the PCCC claim to better enable its determination. Amended Forms 1 were filed on 15 February and 12 May 2016 to give effect to the decisions of the claim group.

Left: Artist Anthony ‘Boy’ Turnbull with his iconic work, ‘Sunset, on Mithaka Country’, Middle: A smoking ceremony uniting people after the Mithaka People’s consent determination, Right: QSNTS Legal Officer Jesse Land with Mithaka Applicants.

Left: More than 100 people attended the Mithaka People’s native title determination hearing , Right: Members of the Mithaka People.

3029 | Queensland South Native Title Services Annual Report 2015 – 2016 |2324

On 18 October 2015, the claim group also authorised the making of an ILUA with Gladstone, Bundaberg and Burnett Regional Councils, subject to conditions. The Applicant has completed those negotiations and the ILUA has now been executed by the respective parties.

On 16 June 2016, the Honourable Justice Dowsett made orders vacating the trial, following the filing of a statement of agreed facts executed by the Applicant and First Respondent on 19 May 2016 and subsequent non-contention notices by respondent parties. The PCCC claim is presently in substantive negotiations towards a consent determination in 2017, including negotiations with respect to other settlement ILUAs.

Quandamooka

Connection statements in support of the Quandamooka People’s Moreton Island claim (Quandamooka People #4) were collected over the course of 2015, and the first directions hearing in the matter was held on 29 October 2015. Ms Wati Qalotaki as solicitor on the record appeared for the Quandamooka People. Confidentiality orders in relation to the delivery of connection material were made by the Court at the directions hearing.

On 29 February 2016, connection material evidencing the Quandamooka People’s native title over Moreton Island was provided, on a confidential and without prejudice basis, to the State, the Commonwealth of Australia (‘the Commonwealth’), and Tangalooma Entities for assessment. The State has advised that it considers it would be in a position

to complete its assessment of connection and revert back to the Applicant with a position on connection by Friday, 16 September 2016.

Wadja

The Applicant’s principal focus in relation to the Wadja native title claim during the reporting period was the preparation of further connection material in support of the claim.

On 12 February 2016, parties attended before the Court for a case management conference. An indicative timetable for the progressing of preliminary issues was agreed between the parties. Since January 2016, witness interviews have been completed resulting in the production of relevant witness statements.

To comply with the agreed timetable, expert reports and lay evidence were provided, on a confidential and without prejudice basis, to the State for connection assessment in March/April 2016. The State advised a response date on connection of 23 September 2016.

Wakka Wakka #3, #4 and #5

The claims designated as Wakka Wakka #3 and Wakka Wakka #5 were consolidated into one claim now designated as Wakka Wakka #3 claim.

Wakka Wakka #4 has two sets of Aboriginal respondents, each of which assert native title rights and interests under different societal labels. Dispute resolution in relation to each set of respondents has taken place and will continue.

There are no Indigenous respondents to the Wakka Wakka #3.

Organisational effort in each of the two matters concentrated on completing the collection of lay evidence.

Wangan and Jagalingou

The Wangan and Jagalingou People’s native title determination application was filed on 27 May 2004.

On 24 June 2015, an authorisation meeting was held to replace the Applicant under s66B of the NTA. Leave was granted and an amended Form 1 filed on 21 August 2015.

The Wangan and Jagalingou application was substantially overlapped by Bidjara People #7 and until resolution of the overlap, the State would not commence its assessment of the Wangan and Jagalingou connection material. Applications to dismiss both the Bidjara People #6 and Bidjara People #7 applications were heard on 23 June 2016.

At a directions hearing in June 2016, the parties were ordered to consult and determine whether the claim is likely to proceed to a consent determination or to a contested hearing and to produce a draft set of programming orders to achieve that outcome.

In June 2016, further connection material was provided to the State including further witness statements and a finalised genealogical report. Further research is continuing including an historical report, supplementary anthropological material and witness statements.

Western Kangoulu

An application for a determination of native title was filed on behalf of the Western Kangoulu People on 9 May 2013.

Consultant Anthropologist Kim McCaul completed his connection report in relation to the Western Kangoulu People’s native title claim in July 2015. In accordance with a work plan filed in May 2015, Mr McCaul’s connection report was provided to the State, on a confidential and without prejudice basis, in December 2015.

The Applicant’s legal representative was directed to attend a Federal Court case management conference in February 2016, along with the legal representatives for the Wadja People and the Gaangalu Nation. Following the case management conference, the State advised the parties that it would provide its response to connection to the Applicants for the Western Kangoulu, Wadja and Gaangalu Nation claims, by 23 September 2016.

Woppaburra

Filed on 8 November 2013, the Woppaburra People’s claim encompasses the Keppel Islands and surrounding waters off the coast from Rockhampton.

Throughout this reporting period, the preparation of anthropological and lay supporting evidence for the Woppaburra claim has continued. The first tranche of expert and lay evidence was provided to the State and the Commonwealth on 2 October 2015.

Mandandanji

Left: Kalkadoon People celebrating their consent determination, Middle: At the Kullilli People’s consent determination, Right: Kullilli People celebrate their consent determination with traditional dancing.

Left: At the Gunggari People’s consent determination hearing, Middle: Raising the flag at the Gunggari consent determination, Right: At the Kalkadoon People’s consent determination hearing.


The Woppaburra legal team, research team and expert anthropologist have continued to work on preparing supporting evidence and will deliver a second tranche of evidence to the State and the Commonwealth on 20 September 2016.

Yulluna #4

The Yulluna People #4 native title application, filed on 2 February 2015, is in relation to a single parcel of unallocated State land near the town of Duchess in north-west Queensland. The parcel was excluded from the area of the Yulluna People #3 consent determination due to technical reasons.

The Yulluna People #4 claim, filed in the Federal Court on 2 February 2015, was listed for its first directions hearing in October 2015. At the directions hearing, the State informed the Court of a mapping error in the Yulluna People #3 determination which would need to be corrected before the Yulluna People #4 claim could be determined.

The State subsequently informed QSNTS that it intended to file an interlocutory application in the Yulluna People #3 matter seeking an order that would correct the error.

Wangkamahdla Nation

The Wangkamahdla Nation claim was filed on 20 January 2016 and accepted for registration on 3 March 2016.

The claim was authorised and filed earlier than anticipated by the QSNTS Operational Plan and priorities as a response to a non-claimant application. The non-claimant application was filed by Gibson Grazing Pty Ltd on 29 July 2015, seeking orders that native title did not exist over 4,420 ha of country near Bedourie.

As an outcome of extensive research that had already been carried out in the area, QSNTS was able to convene a meeting of a potential native title claim group. An outcome of that meeting was authorisation of a native title determination application on behalf of the Wangkamahdla Nation.

Research toward the preparation of the substantive connection report in this matter by Peter Blackwood continued throughout the period but was adversely affected by competing priorities on the allocation of Mr Blackwood’s time.

QSNTS AS A RESPONDENTWongkumara

QSNTS remained active as respondent in this matter and as a consequence of research undertaken by QSNTS and subsequent dispute resolution processes, agreement was reached as to the claim group description.

A meeting of the native title claim group authorised the amendment of the claim group description, which resolved QSNTS’ substantive concerns in relation to the matter.

However, a claim filed by a subgroup of the Yandruwanda Yarruwarrakka People (the Parlpamudramudra People) overlapped the Wongkumara claim and QSNTS joined with the Wongkumara applicant in successfully seeking the dismissal of the Parlpamudramudra People’s claim.

QSNTS has been assisting with dispute resolution processes between the Wongkumara applicant and the PBC for the Yandruwanda Yarruwarrakka People.

A further claim which covers all of the Queensland portion of the Wongkumara People’s claim has ostensibly been authorised by persons asserting native title rights as Kungadutchi Punthamurra People, however that claim has not yet been filed.

QSNTS intends to remain active in this matter.

Bidjara

Both QSNTS and the State have applications before the Federal Court seeking the dismissal of the Bidjara People #7 native title determination application, principally on the basis that the application seeks to re-litigate a matter that had already been decided against the claim group by the Court (the Bidjara People #6, Brown River People, Karingbal People overlap).

Bigambul

QSNTS remained a respondent to this matter.

The matter is listed for a consent determination in December 2016.

Parlpamudramudra People

This claim substantially overlapped the Wongkumara People’s claim.

QSNTS formed a view that the claim group was in fact a subgroup of the Yandruwanda Yarruwarrakka People.

QSNTS joined with the Applicant for the Wongkumara People’s claim to successfully argue this matter should be dismissed.

QSNTS remains engaged in dispute resolution processes between the Wongkumara People and the PBC for the Yandruwanda Yarruwarrakka People in an effort to address native title rights and interests asserted by the Yandruwanda Yarruwarrakka People within the Wongkumara claim area.

Turrbal/Yugara Yugarapul

The unanimous judgement of the Federal Court in the appeal in Wyman on behalf of the Bidjara People #6 v State of Queensland authoritatively resolved the appeal point QSNTS wished to have decided.

Consequently QSNTS withdrew its appeal.

OTHER LITIGATIONQuandamooka Yoolooburrabee Aboriginal Corporation v State of Queensland

In proceedings before the High Court, the Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC (QYAC) challenged the validity of amendments made to the North Stradbroke Island Protection and Sustainability Act 2011 (Qld) (NSIPSA) by the North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 (Qld) (‘Amendment Act’).

On 21 August 2015, the parties to the proceeding forwarded joint correspondence to the High Court Registry to further request that the matter not be set down for hearing in the October or November 2015 sittings of the Court as the parties were consulting about the State Government’s policy intent and the development of proposed legislation to amend the NSIPSA in order to return it to its original intent.

On 25 May 2016, the North Stradbroke Island Protection and Sustainability and Others Acts Amendment Bill 2015 (Qld) was passed with amendments by the Queensland Parliament.

Left: Marking the Pitta Pitta native title determination with traditional music, Right: A positive outcome for the Pitta Pitta People.


The North Stradbroke Island Protection and Sustainability and Other Acts Amendment Act 2016 (Qld) (‘Further Amendment Act’) was enacted, having received royal assent, on 14 June 2016. The Further Amendment Act largely repealed the amendments which were the subject of QYAC’s challenge filed in 2014.

On 15 June 2016, both QSNTS and Crown Law wrote to the High Court requesting that the matter not be set down for hearing for the June/July 2016 sittings, to enable QYAC to provide instructions in relation to the proceedings.

In accordance with the Quandamooka People’s decision-making process in relation to controversial matters, the Quandamooka Elders-in-Council sat on Moreton Island on 24 June 2016 to consider legal advice and the question of discontinuation of the High Court proceedings. They provided imprimatur consent to and support of the discontinuation of the proceedings on the day. The Elders’ decision was communicated to the Board of QYAC which was due to meet on 9 July 2016 to consider and decide on the matter for the purposes of instructions to QSNTS.

QSNTS v The Registrar of the National Native Title Tribunal

This matter was resolved without the need for a judicially determined outcome and the ILUA that QSNTS sought to impugn was removed from the Register.

RESEARCHDuring the reporting period, work has continued on seven regional research projects

• Central West Research Project;

• Darling Downs Research Project;

• Gilliat Flinders Research Project;

• St George Research Project;

• South Central Research Project;

• South East Regional Research Project; and

• Wangkamahdla/Wangkamahna.

Central West

As reported in the 2014-15 Annual Report, the substantive Central West research was used to inform the authorisation and filing of a native title determination application on behalf of the Koa People.

Research undertaken during 2015-16 was related to the Koa People’s native title determination application.

Other research in this region through the relevant period was not a high priority for the organisation.

Darling Downs

The Darling Downs Regional Research Project continues to be an important part of QSNTS’ strategy for achieving native title outcomes in the relevant region. The region covers an area from Dulacca in the West to the Great Dividing Range in the East, and from Guluguba in the north, south to Toowoomba and Pittsworth and includes the towns of Oakey, Dalby, Tara, Chinchilla and Miles.

During 2015-16, anthropological and genealogical research has continued.

Progress of the research has been slowed due to the involvement of the lead consultant anthropologist in other native title matters, including matters that are in trial.

Consequently, this research is not expected to conclude until early in 2017.

Gilliat Flinders

The research effort in this region is now focused on supporting the Mitakoodi and Mayi People’s native title determination application.

South Central

This research project was undertaken in response to concerns raised by Traditional Owners in relation to the interests they asserted within the relevant area.

The research was completed and outcomes reported to Traditional Owners affected by those outcomes.

South East Regional Research Project (SERRP)

The primary research effort is complete and the research outcomes referred to Senior Counsel for opinion and advice.

It is likely that claims will be lodged arising from this research during the 2016-17 period.

St George Regional Research Project

The primary research was completed and the outcomes presented to affected groups.

The research has provided clarity for the formulation of a strategy in the relevant region.

The research has assisted the Bigambul People to progress their claim to a consent determination and has informed decisions by the Kooma People and the Mandandanji People in relation to the management of their respective native title determination applications.

Wangkamahdla/Wangkamahna

The research undertaken in relation to this area has allowed QSNTS to respond quickly and decisively to a non-claimant application in relation to a pastoral property that covers some 4,420 sq km in the relevant area.

As a consequence of that research a claim was authorised, filed and registered.

Research in this area will now be directed to supporting that claim.

Western Kangoulu Country


ADVOCACYIn addition to its work with clients aspiring to have their native title rights and interests recognised, QSNTS gives voice to Traditional Owners by advocating for positive reforms that benefit the native title process, and the Indigenous community more broadly.

Primarily, QSNTS conducts this work through three channels:

• QSNTS itself, as an organisational function;

• The QRBA; and

• As a member organisation of the NNTC.

Queensland Representative Body Alliance (QRBA)The QRBA is a strategic alliance of each of the NTRBs and NTSPs in Queensland. The QRBA was formed in 2013 and provides a forum for information and experience sharing, issue identification, strategy development and advocacy at a state level.

The QRBA meets regularly, and is comprised of the Chairpersons, CEOs and PLOs of:

• North Queensland Land Council;

• Cape York Land Council;

• Torres Strait Regional Authority;

• Carpentaria Land Council Aboriginal Corporation; and

• QSNTS.

There are unique elements in the operating environment of each native title body’s jurisdiction, and an alliance at this level provides a perspective of the breadth of native title issues across Queensland. The QRBA also enables strong coordination of representative bodies to advocate common interests and address shared issues. Through the QRBA, NTRBs/NTSPs in Queensland engage with State Government and other organisations on a range of issues affecting the native title sector, and coordinate advocacy for legislative, policy and systems change.

National Native Title Council (NNTC)Established in 2005, NNTC operates at a national level as a unified coalition of NTRBs and NTSPs from across Australia, serving to identify, explore and resolve challenges and obstacles faced by Traditional Owners in their pursuit of native title outcomes.

The NNTC is governed by a chief executive officer and comprises a membership of 11 stakeholders, namely:

• Central Land Council;

• Goldfields Land and Sea Council;

• Kimberley Land Council;

• Native Title Services Victoria;

• North Queensland Land Council;

• Northern Land Council;

• NTSCorp;

• QSNTS;

• South Australian Native Title Services;

• South West Aboriginal Land and Sea Council; and

• Yamatji Marpla Aboriginal Corporation.

Acting in consultation with, and on behalf of these groups, the NNTC actively engages in government reviews and reform pathways to effect real changes that benefit Traditional Owners nationwide.

Reform Priorities in 2015-16In the 2015-16 reporting period, QSNTS worked both autonomously and together with the QRBA and the NNTC on advocacy objectives as follows:

• In October 2015, the QRBA met with the State Minister for Natural Resources and Mines Dr Anthony Lynham to consult on redesigning the native title architecture to focus on enabling Traditional Owners to properly leverage the economic benefits available following a native title determination;

• Another meeting with the Australian Human Rights Commission (AHRC) took place in December 2015 to further champion the prioritisation of economic development for Traditional Owners;

• Also in December 2015, QSNTS attended a compensation workshop hosted by the NNTC, exploring case studies and strategies

for supporting future compensation claims in line with developing law around native title compensation;

• In January 2016, the QRBA hosted a Stakeholders Workshop, canvassing the State’s leading priorities in native title, those being the settlement of ILUAs prior to native title determination, and the intention to amend the threshold tests associated with accepting connection to country during negotiations;

• In February 2016, QSNTS made a submission to the Senate Standing Committee on Economics on the development of bauxite resources in northern Queensland, providing comment on the impact of limited consultation with local Native Title Holders and their Aboriginal Corporations in major project development;

• In March 2016, QSNTS also made a submission to the Queensland Government’s Finance and Administration Committee concerning the cessation of mining operations on North Stradbroke Island, over which the Quandamooka People hold native title rights and interests, and now a matter which has since been resolved;

• In June 2016, the QRBA again met with the State to canvas native title connection guidelines for the purpose of reforming thresholds associated with the State’s acceptance of connection to country evidence to streamline the native title process.



With significant focus by departments and other bodies on amending the native title landscape to focus not only on claim determinations, but also on the socio-economic development of Traditional Owner communities long after a determination is made, QSNTS has worked to implement an organisational structure that brings these goals to fruition. This structure, which established the QSNTS Implementation and Management Division, comes into operation in the 2016-17 financial year.

However, QSNTS’ commitment to reforms that empower positive outcomes for Traditional Owners will also continue in the coming year, with much focus on its priorities with the QRBA and the NNTC, in conjunction with the State, the Coalition of Australian Governments, and the Australian Human Rights Commission.

STAKEHOLDER ENGAGEMENTEach year, QSNTS takes part in a variety of stakeholder engagement events and activities designed to support Indigenous empowerment and advocate a stronger native title system.

2016 Anthropology ConferenceIn February 2016, QSNTS together with the Australian National University jointly hosted the annual Centre for Native Title Anthropology Conference at the Women’s College, University of Queensland, in Brisbane.

The event attracted more than 70 participants from a broad range of anthropological disciplines and featured an outstanding line-up of speakers, including a keynote address from Justice Darryl Rangiah of the Federal Court of Australia, covering a judge’s perspective of expert anthropological evidence presented in native title matters.

QSNTS CEO Kevin Smith also presented a brief address regarding the challenges of proving connection to country in native title matters, a matter further explored by Adelaide-based anthropologists Drs Deane Fergie, Rod Lucas and linguist Paul Monaghan in a film exploring how concurrent anthropological evidence is provided in contested claims before the Federal Court.

The QSNTS Research team represented the organisation at the conference and learned valuable insights on anthropological evidence in native title matters, and as a testament to the success and impact of the conference, the team is scheduled to attend the 2017 Centre for Native Title Anthropology Annual Conference taking place in Perth next year.

Queensland Native Title ForumOn 29 April 2016, the Federal Court of Australia hosted the Queensland Native Title Forum in Brisbane, bringing together an audience of approximately 60 individuals to canvas native title opportunities and challenges associated with the NTA. Attendees included a range of academics, barristers, lawyers and other professionals operating within the field of native title.

QSNTS PLO Tim Wishart delivered a presentation at the Forum, discussing the impacts of intra-Indigenous disputes on the operations of native title representative bodies and their functionality in aiding native title claims. Covering funding limitations and reform options that enable representative bodies to help overcome connection to country disputes and advance Native Title Holders into the PBC phase, Mr Wishart’s address was well-received by attendees as a professional and insightful presentation.

QSNTS’ participation in the Federal Court’s Native Title Forum is an important opportunity to raise issues in the context of legal process, and such participation is intended to continue in the coming years.

PBC Support Training SeminarsIn May 2016, specialist training provider the Aurora Project hosted a PBC support training program in Brisbane, entitled Communicating PBC Governance and Corporate Requirements. QSNTS Future Acts Legal Officer Kelly Thomas-Greer was engaged to present a part of the training seminar to other participants, and QSNTS Legal Officer Tony Kelly also assisted in the facilitation of the training modules.

National Native Title ConferenceFrom 1 – 3 June 2016, the Australian Institute of Aboriginal and Torres Strait Island Studies hosted its annual National Native Title Conference on the Larrakia People’s traditional country at the Darwin Convention Centre in the Northern Territory.

This year’s Conference attracted NTRBs and members of PBCs, as well as academics, government representatives, lawyers and various other experts and professionals operating in this dynamic field of work.

QSNTS was represented at the conference by two of its Board Directors, namely Bernie Yates and Bradley Saunders, who provided positive feedback from the conference, with particular focus on a keynote address delivered by the Senator the Honourable Nigel Scullion, Minister for Indigenous Affairs, and a panel on Dangerous Ideas.

Seen as a platform for resolving challenges and identifying opportunities to advance Indigenous communities through native title, QSNTS plans to continue its participation at the National Native Title Conference in the coming years.

NAIDOC WeekOn 10 July 2015, QSNTS once again joined in celebrations for the culturally significant event of NAIDOC Week, hosting stalls both at the Musgrave Family Fun Day in Brisbane, and the Annual NAIDOC Expo in Rockhampton.

Centred on this year’s theme, ‘We all Stand on Sacred Ground: Learn, Respect and Celebrate’, the 2015 NAIDOC Week events were an overwhelming success, with QSNTS staff working tirelessly to engage more than 1,500 visitors collectively across both sites to share news, information and developments in the field of native title in Queensland.

QSNTS stalls in Brisbane and Rockhampton each featured colourful displays of photographs from the many consent determinations made since 2011,



as well as maps displaying the claim areas of the various claimant groups within the QSNTS region of responsibility. Children enjoyed the Indigenous art colouring-in station, while parents and other visitors were given free pens and USB sticks, pre-loaded with interesting fact sheets about QSNTS and our native title work.

Feedback from both the Brisbane and Rockhampton events was overwhelmingly positive, setting the pace for QSNTS’ next stalls at the 2016 NAIDOC Week celebrations.

ORGANISATIONAL CAPABILITYIndigenous ProcurementQSNTS is committed to supporting Indigenous employment and business opportunities through the procurement of goods and services supplied by Indigenous providers. In the 2015-16 financial year, QSNTS sourced Indigenous businesses specialising in catering, equipment hire, venue hire and security to supply and support its five consent determinations, meetings and other events.

QSNTS continues to invite new partnerships with Indigenous businesses by advertising for expressions of interest.

Media and Communication ActivitiesQSNTS’ media and communications activities form a pillar of strategic support that elevates the organisation in terms of stakeholder engagement, advocacy efforts and ongoing assistance for Native Title Holders in the post-determination phase. Maintaining a suite of communication mediums and engaging opportunities to connect with stakeholders is a top priority for the organisation.

New Website Launched

After a significant period of planning and review, QSNTS launched its new-look website in November

2015, shifting from a static platform to a more dynamic and responsive interface that brings the organisation’s digital profile into a more modern era.

The new website focuses on an easy-to-navigate layout that features photography of iconic landscapes within our region, news articles about Traditional Owners with whom QSNTS is working, and encompasses claim-specific information that benefits stakeholders including claimants, representatives of the State, members of the media, and the wider public. Public notices for upcoming authorisation meetings are also featured on the website, along with a comprehensive information section about the native title system, extensive insight on Future Acts, and background information about QSNTS itself.

The improvement of the QSNTS website is considered an ongoing project which changes in line with a dynamic operating environment. In the coming year, plans are afoot for integrating QSNTS’ commitment to the establishment of its PBC-focused Implementation and Management Division, providing a one-stop-shop for Native Title Holders to peruse the services available through QSNTS to advance their native title endeavours.

Media Engagement

Media engagement provides QSNTS with an opportunity to build rapport as a native title service and spread awareness about this important field of work. With two consent determinations and significant progress in other native title matters made in this reporting period, QSNTS has fielded media enquiries and received coverage from a variety of news outlets, as follows:

• On 11 February 2016, QSNTS PLO Tim Wishart spoke with ABC Western Queensland Radio in an interview about the Koa People’s native title claim filed on 15 July 2015;

• The Mithaka People’s consent determination hearing held on 27 October 2015 attracted media attention from a large volume of outlets, including The Australian, Brisbane Times, Queensland Industry Advocate, Longreach Leader, Western Times and National Indigenous Radio, as well as video coverage by ABC News;

• On 21 - 21 June 2016, the Darumbal People were featured extensively on Channel 7 Central Queensland, WIN News and ABC News, with coverage also appearing in the Koori Mail and the Morning Bulletin in relation to their native title consent determination; and

• QSNTS has also intermittently fielded enquiries on other matters, including the Mandandanji People’s native title claim, the Wangan and Jagalingou native title claim, and general insight on native title activity in Queensland.

Stakeholder Engagement

Over the course of the reporting period, several publications and QSNTS materials were reviewed and updated to incorporate feedback from QSNTS clients and staff. In particular, font sizes were increased in published materials and designs were updated for a consistent and modern appearance that reflects the QSNTS brand. Updated publications include the Compliments and Complaints Brochure, the Native Title Handbook, staff business cards and QSNTS letterheads for Brisbane, Mt Isa and Rockhampton offices.

Additionally, as part of its communication strategy with stakeholders, QSNTS distributes an average of two newsletters each year to stakeholders associated with the range of research projects currently under way in the QSNTS region. These newsletters provide progress information on anthropological reports, studies and other activities relevant to the area, and invite individuals to participate in research in order to aid potential native title claims in future.

With claimants, QSNTS also maintains communication through the distribution of claim newsletters. Compiled on an ad hoc basis as developments come to light, claim newsletters share information about ongoing research toward connection to country, upcoming authorisation meetings, and progress on the matter as it proceeds through the Federal Court.

In this reporting period, QSNTS has sent a total of approximately 25 claim newsletters to claimant groups and stakeholders involved in QSNTS’ research activities. QSNTS also sent its Message Tree to over 380 Applicants, PBC Directors and other stakeholders in December 2015, and distributed a mid-year newsletter to more than 1,000 recipients at the 2016 NAIDOC Week celebrations.

The coming year presents new challenges for QSNTS’ media and communications division as new services are developed to address the needs and demands of Native Title Holders following native title determination. New endeavours are currently afoot in website development to aid economic development and communication for PBCs, while services in media and marketing materials are also under development.

In the coming year, QSNTS will continue to expand its communications strategy to promote positive outcomes in the field of native title.

Mithaka Country


LEGENDTenement Type: Legend

ATP/EPP Authority to Prospect

EP Expedited Procedure

EPC Exploration Permit for Coal

EPM Exploration Permit for Minerals

MDL Mineral Development License

MC Mining Claim

ML Mining Lease

PL Petroleum Lease

RTN Right to Negotiate

SP Sales Permit

Prescribed Bodies Corporate (PBC) Support ProgramThe QSNTS PBC Support Program operated for its third year during this reporting period, providing an effective tool in aiding Indigenous communities to achieve self-determination.

As part of its PBC Support Program, QSNTS assisted a number of Traditional Owner groups to submit Basic Support Funding applications prior to the commencement of the 2015-16 financial year, with approval granted to the following groups:

• Boonthamurra;

• Budjiti;

• Butchulla;

• Gunggari;

• Jinibara;

• Kooma; and

• Kullilli.

QSNTS also provides facilities to support PBCs in conducting annual general meetings and strategic planning. As an example, in December 2015 and again in March 2016, QSNTS acted as a support and provided facilities to the Kalkadoon People for the purposes of hosting a strategic planning meeting together with stakeholders operating within the community’s native title area, and members of the community itself.

S29 Notifications

Tenement TypeTotal Number of

Notices Received

Number of Notices (Groups Represented

by QSNTS)

Type

EP RTN

ATP/EPP 8 1 0 8

EPC 6 0 6 0

EPM 147 48 125 22

MDL 7 1 7 0

MC 497 223 0 497

ML 23 4 0 23

PL 2 0 0 2

SP 0 0 0 0

Total 690 277 138 552

Right: QSNTS PLO Tim Wishart with a Boonthamurra youth at their consent determination, Left: QSNTS Legal Officer Coby Foster together with members of the Budjiti People.

Left: QSNTS team members on Boonthamurra country, Right: QSNTS Board Director Bernie Yates presents a gift from QSNTS to the Boonthamurra People.

FUTURE ACTSIn the 2015-16 reporting period, QSNTS continued providing support to clients dealing with Future Acts in relation to their native title claim areas.

NOTIFICATIONS

Total s24 Notifications received: 892

Total other Notifications received: 212 (NTPCs, ILUA-related tenures and other miscellaneous notices)

Total s29 Notifications received: 690 (Breakdown below)

In light of new developments that recognise the demand for ongoing support delivered to Traditional Owners after a native title determination has been made, QSNTS is expanding its commitment to PBCs in future with the establishment of the QSNTS Implementation and Management Division. With a new organisational structure taking effect from 1 July 2016, QSNTS will be better positioned to assist PBCs earlier in the native title process and offer a wider range of services that balance the future demands for economic development with Native Title Holders’ unique community cultures.

CORPORATE REPORT


GRANT FINANCIAL PERFORMANCE REPORTQSNTS FUNCTIONS

ACTUAL 2014-15

BUDGET 2015-16

ACTUAL 2015-16

VARIANCE

Expenditure Capital 146,880 150,000 119,737 30,263

Activities 7,286,491 7,936,366 6,609,895 1,326,471

Corporate 2,972,991 3,209,634 3,013,845 195,789

Commitments 1,445,961 1,576,169 978,241 597,928

Total 11,852,323 12,872,169 10,721,718 2,150,451

OBJECTION APPLICATIONS Objection Application Status Number of Applications

Objection Lodged 50

Finalised Objection Applications 40

AGREEMENT MAKING

NegotiationsNegotiations Commenced

Negotiations Finalised

Active Negotiations

Tenements Abandoned

ATP 0 0 6 0

EPM and EPC 60 57 29 10

ML 4 2 2 0

MDL 1 2 0 0

MC 65 0 69 0

Total 130 61 106 10

ILUASTotal Number of ILUAs Registered within QSNTS Region: 61

Total Number of ILUAs Notified within QSNTS Region: 60



GOVERNANCEStatement of Main Corporate Governance Practices in place

The QSNTS governance framework comprises of the following elements:

• Legislative framework (NTA, Corporations Act 2001)

• QSNTS Constitution;

• QSNTS Board Charter;

• Board of Directors;

• CEO and Executive

QSNTS Directors and Office Bearers as at 30 June 2016:

Chairperson Colleen Wall

Deputy Chairperson Bradley Saunders

Director Bernie Yates

Director Michael Cawthorn

Director Pele Bennet

Director Selwyn Button

CORPORATE GOVERNANCEThe QSNTS Constitution forms the basis of our internal governance and regulates our activities through its objects and powers.

The QSNTS Constitution outlines specific instructions for the composition of the Board of Directors, stating that at least one third of the Board must be of Aboriginal or Torres Strait Islander descent. This currently stands at more than half.

The Board comprises persons with knowledge and expertise in areas of native title, anthropology, Indigenous economic development and dealings with service providers.

A Board Charter was produced which is supplementary to and guided by the Constitution. The Board Charter was prepared as part of their commitment to providing good governance and was designed to assist the Board to maximise performance through reviewing and adopting best governance practices. In the new financial year, the Board Charter is being placed under review for refinement and improvement in future.

In this reporting period, QSNTS welcomed contributions from its two new Board Members who were appointed as of 10 July 2015, and extended thanks to one former Board Member following his departure at the commencement of the 2015-16 reporting period.

FORMER BOARD MEMBERS

James William - Director

James was born and raised on Masig (Yorke Island) and is an active member of the Kulkalgal Ya people of the central islands of the Torres Strait. James has lived in South East Queensland for 20 years and has over 15 years’ experience working with Aboriginal and Torres Strait communities in Queensland and other states and territories. Throughout his career, James has worked in a variety of fields, including housing, training, employment and economic development. James operates as a management consultant to private and public sector organisations, and specialises in areas such as strategy, organisational change, and human capital development. James has also developed specialist knowledge and works as a subject matter expert in the emergent space of corporate social responsibility and has worked extensively on major projects involving Indigenous Australians in mining and construction industries. James concluded his service on the QSNTS Board of Directors as of 31 August 2015.


BOARD MEMBERS AS AT 30 JUNE 2016

Colleen Wall – Chairperson

Colleen is the daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beesley (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, recognises the important responsibility that Grandmothers hold in maintaining this practice. She recognizes that importance of acknowledging 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 in our youth. Colleen is currently a Member of Family Law Council Australia and has presented an Aboriginal Child Rearing Practice paper to them. She works to deliver cultural programs to companies like Black History Month for Brisbane City Council and Clancestry Festival for Queensland Performing Arts Centre. Currently, Colleen is working on a Project documenting Aboriginal Grandmother’s Law for use in areas such as Child Protection and Family Law as well as developing an A&TSI Engagement Policy for Brisbane Power House.

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 Indigenous customs and protocols, along with extensive experience negotiating with and for Aboriginal groups and leading Aboriginal organisations. Bradley joined the QSNTS Board of Directors on 2 April 2015.

Bernie Yates – Director

Born 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, 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 retiring from the Australian Public Service, Bernie worked in policy and service delivery areas for various Australian Government agencies, including Treasury and Employment and Industrial Relations. Bernie moved into Indigenous affairs in the early 2000s, first with ATSIC and the then the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Before retiring, 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 on Indigenous Affairs. He is also an independent director of an Aboriginal Medical Service in the Top End.

Michael Cawthorn – Director

Michael is from Melbourne and has lived in Alice Springs for the past twelve years. His professional experience includes working in museums and with Aboriginal Land Councils, specialising in native title research, cultural heritage management and protection under various heritage legislation regimes, negotiation and land access agreement making and advice in relation to repatriation programs. Having served previously as Deputy Director of the Museum and Art Gallery of the Northern Territory and the Strehlow Research Centre, as well as Vice President of Museums Australia (Northern Territory), Michael now works as an independent consultant anthropologist.

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). Born and raised in Brisbane and now a proud member of the region’s Indigenous community, Pele commenced her career as a trainee in hearing health and has since worked within the health sector for approximately 16 years. Pele now sits on the board as a Director of Queensland’s oldest community-controlled health organization, ATSICHS, and has maintained a clear sense of obligation to support Aboriginal and Torres Strait Islander workers, families and communities, committing herself to better health outcomes and opportunities for Indigenous Australians to help them succeed in their life journeys. 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 is also currently working toward a certificate-level qualification in company directorship. Pele joined the QSNTS Board of Directors on 10 July 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.

Top left: Colleen Wall, Top right: Bradley Saunders, Middle left: Bernie Yates, Middle right: Michael Cawthorn, Bottom left: Pele Bennet, Bottom right: Selwyn Button.


EXECUTIVE MANAGEMENTThe QSNTS Executive Team consists of:

• Mr Kevin Smith, CEO;

• Mr Paul Davies, CFO; and

• 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 28 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 eight years’ experience in Native Title working for both representative bodies and service providers in Queensland, Paul has the skills required to assist PBC’s to develop and maintain their corporate structures.

PLANNING AND REPORTINGIn this reporting period, QSNTS continued with its long-term goals as described in the QSNTS Strategic Plan 2013-2016. This comprises five primary goals for QSNTS service delivery, which include:

1. Providing high quality professional services to secure native title or alternative settlement outcomes for Traditional Owners;

2. Establishing, developing and maintaining a leading dispute resolution capability;

3. Strengthening organisational capability and reputation;

4. Developing and maintaining a support capability to enable PBCs to manage and maximise native title outcomes; and

5. Advocating to reform and improve the native title system through influencing policy, legislation and administrative processes.

Progress toward these goals is mapped through the QSNTS Operational Plan, which in this reporting period was provided to the DPMC on 27 May 2015. The Operational Plan also comprises the QSNTS case management plans relating to native title claims managed by the organisation, and monitored through regular meetings of each service delivery team.

Claim updates are provided on a regular basis to the PLO, who forms a part of the Executive Team. Performance against the 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.

Top Left: Kevin Smith, Top Right: Tim Wishart, Bottom Left: Paul Davies

Meeting AttendanceFrom the period of 1 July 2015 to 30 June 2016, Director attendance at meetings was as follows:

Directors

No. of Meetings Eligible

to Attend

No. of Meetings Attended

Colleen Wall (Chairperson)

5 5

Bradley Saunders (Deputy Chair)

5 4

Michael Cawthorn 5 5

Bernie Yates 5 4

Pele Bennet 4 3

Selwyn Button 4 2

James William 2 0


on a bi-weekly basis and stored in an external data centre for salvation, preventing loss of corporate knowledge in the event of an incident affecting on-site data management.

Workforce PlanningQSNTS operates in a dynamic environment that often requires a responsive approach to meeting the ebb and flow of native title claim work and ongoing support for Traditional Owners following native title determination. To ensure this work is managed with minimal risk to clients and to the organisation itself, QSNTS undertakes ongoing workforce planning to address client demands and needs as they arise.

In this reporting period, QSNTS operated for its first full year under the organisational restructure implemented in April 2015 to respond efficiently to the changing needs of clients. Feedback was invited from the QSNTS team in April 2016, and a new consultation period commenced in the reporting period to undertake workforce planning to meet demands associated with the ongoing development of PBC support initiatives in the native title space. The resulting structure will be implemented in the 2016-17 reporting period.

In addition to the above, QSNTS also protects against issues around remuneration, industrial relations and employment conditions through strict and efficient record-keeping protocols in respect of human resource matters, and retains adequate levels of WorkCover for the safety and security of the QSNTS team.

Events Planning and ManagementQSNTS undertakes a vast range of off-site events and activities that present risks and challenges of their own. These include consent determination hearings and celebrations, authorisation meetings held for claimant groups, on-country field trips for the purposes of research, QSNTS representation at cultural events such as NAIDOC Week, and stakeholder attendance at conferences, seminars and advocacy meetings over the course of the year.

To manage the risks and challenges associated with these events, QSNTS retains a structured Community Relations Unit which identifies such risks and addresses them routinely with thorough planning and adherence to organisational policies and procedures. QSNTS allocates a significant portion of its operations budget to the coordination of events, and considers each engagement opportunity against a cost-benefit analysis to ensure QSNTS and its clients can maximise outcomes without unmitigated risk to the organisation’s overall operation.

Left: QSNTS CEO Kevin Smith congratulates the Darumbal People on their consent determination Right: QSNTS Legal Officer Jesse Land with PLO Tim Wishart at the Mithaka People’s consent determination.

RISK MANAGEMENTData RetentionAs part of the QSNTS risk management strategy, an electronic data management system is maintained to help manage both physical and electronic documents from initial drafting to final disposal. Following the transition from the Total Records and Information Management (TRIM) system to the Hewlett Packard Records Management (HPRM) system in early 2015, QSNTS has retained commitment to minimising organisational risk through stringent record-keeping in accordance with QSNTS policies and procedures.

HPRM encompasses controlled security protocols that ensure files are securely stored and protected to preserve solicitor-to-client confidentiality and eliminate potential conflicts of interest that may arise as a native title service provider working together across various native title matters. Documents can be linked to and updated to preserve consistency and facilitate sharing of information within relevant teams.

QSNTS’ record management system ensures obligations are met in respect of information discovery and regulatory requirements, consequently supporting organisational transparency and governance. Data is backed up

ETHICAL STANDARDSQSNTS employees are expected to maintain a high standard of integrity, honesty and fair dealing, and to conduct themselves at all times so as to reflect positively on the good standing and best interests of the organisation.

To this end, it is a requirement among employees that cultural diversity be recognised and respected to provide culturally appropriate services that are professional, accountable, collaborative and openly communicated.

In pursuing this goal, QSNTS at all times aims to:

• treat all clients fairly and impartially;

• recognise and respect cultural and other diversity;

• provide explanations for required processes and standards, and present such explanations in a form clients can understand;

• ensure clients are able to discuss decisions which affect them with someone who is able to understand and respond to their concerns;

• listen to client suggestions for improvement to services and give serious consideration to all the suggestions QSNTS receives; and

• collaborate meaningfully with a wide range of government, industry and other stakeholders to achieve the best outcomes for Traditional Owners.

Left: QSNTS CEO Kevin Smith with Darumbal Applicant and Chairman Warren Malone, Right: QSNTS Directors Brad Saunders and Pele Bennet with CEO Kevin Smith at the Darumbal People’s consent determination.

54Annual Report 2015 - 2016 |53 | Queensland South Native Title Services

These standards of service and organisational objectives are detailed in the QSNTS Policy and Procedure Manual, which is available to all employees on the company intranet and through the records management system. Employees are assessed in accordance with QSNTS’ ethical standards and values concurrently with regular performance reviews. Breaches of QSNTS’ ethical standards are treated seriously and may result in appropriate disciplinary action.

REMUNERATIONThe QSNTS Enterprise Agreement 2015 – 2017 was accepted by the Fair Work Commission on 19 August 2015, which governs all aspects of employment with QSNTS, including remuneration of staff. Salary scales correspond with a competency framework outlining the key responsibilities of each position.

QSNTS staff have the opportunity to advance their remuneration on two occasions each year, as follows:

• On 1 January each year, salary increases based on the Consumer Price Index are awarded to employees, as determined by the Australian Bureau of Statistics; and

• On 1 July each year, salary increases may be awarded based on a performance-based appraisal. This structure facilitates the provision of feedback to employees and managers, identifying development needs and opportunities while simultaneously assessing performance.

The Australian Taxation Office recognises QSNTS as a Public Benevolent Institution, enabling employees to participate in a salary packaging scheme that offers additional benefits through taxation savings. This scheme is facilitated by external supplier Advantage Salary Packaging.

Overall, the QSNTS remuneration strategy facilitates the recruitment and retention of a skilled workforce qualified to deliver high quality services and results to clients and other stakeholders.

EXTERNAL SCRUTINYFor this reporting period, an independent annual financial audit was conducted by PKF Di Bartolo Diamond & Mihailaros and is appended to this report.

HUMAN RESOURCES REPORT



WORKFORCE PROFILE, RETENTION AND TURNOVERAs at 30 June 2016, QSNTS has a workforce of 53 staff with a profile as follows:

Permanent 33

Contract 20

Casual 1

F/Time 48

P/Time 4

Male 26.40%

Female 73.60%

Indigenous 24.50%

TOTAL 53

There were a total of eight exits during this reporting period, which gives a turnover rate of 15.1%.

A number of secondments have continued throughout the 2015-16 reporting period. These are expected to continue until June 2017 and are a result of the restructure undertake by QSNTS in early 2015.

Nicolas Daza was engaged in July 2015 to join our Research Team as a Research Administration Officer. Our Legal Team also welcomed four new Legal Officers, Anna Rettke, Jessica Ling, Elizabeth Cowley and Natascha Sommer, as well as two Paralegal Officers, Annie O’Riley and Kathy Butterfield during this reporting period.

TRAINING AND DEVELOPMENTIn this reporting period, QSNTS engaged an Indigenous trainee, Joseph Mosby, who joined our Corporate Team as an administration assistant. Joseph is undertaking a Certificate III in Business during his 12-month traineeship with QSNTS.

In 2015-16, Human Resources Management also endeavoured to identify needs for all staff training and deliver training opportunities to groups or cohorts in accordance with our findings.

With the move into the post-determination space, it was identified that staff working with PBCs would require specific training around requirements, development and management of PBCs. The Aurora Project delivered a Structuring Entities webinar and PBC Support: Communicating PBC governance and corporate governance seminar, both of which provided knowledge around the administrative requirements of PBC establishment and management.

Left: QSNTS Client Relations team members Erin Lang and Brigitte Bin Awel. Right: QSNTS staff members Rachel Bray and Richard Sporne at the Darumbal People’s consent determination hearing.

Left: QSNTS Research Officer Andrew Rayner with members of the Mithaka People, Middle: QSNTS Deputy Legal Officer Andrea Olsen receives a gift from the Darumbal People.

WORKFORCE PLANNINGThe legal services restructure that took place in 2015 was the largest change management process undertaken by QSNTS.

In January 2016, a review was undertaken of that change management process, and Human Resources Management held workshops with each occupational group to determine the strengths and weaknesses of the implementation of the new model.

The feedback was collated and presented to the management team in February 2015. The management team workshopped recommendations for improvements based on the information received. One issue that became apparent throughout the course of the feedback process was that the Research Officers and Community Relations Officers could be better utilised as a team by focusing on assisting with services associated with implementation and management of native title once a determination had been achieved.

Across April and May 2016, workshops were held with each team to address specific feedback and recommendations for improvement from the restructure review completed in February and also to open up discussions and consultation around the proposed transition to the Implementation and Management Division. Consultation on the

proposed transition was well received with no negative or formal feedback being presented to Human Resources Management or the Union on the proposed organisational structure or shift in work focus.

In May 2016, Human Resources Management engaged Nous Group to assist with developing the framework to support the transition into the work to be undertaken by the Implementation and Management Division. The technical and behavioural framework that underpins the performance management systems needs to include a framework for the work to be performed in supporting the establishment and management of PBCs.

As the nature of the work is shifting to focus on the post-determination environment, the position descriptions need to be reviewed and updated to ensure they reflect the changing nature of the work for those staff affected by the transition to the Implementation and Management Division.

Workforce planning behind the transition has resulted in two staff transitioning into Community Relations Officer roles, Brigitte Bin Awel and Carmen Cooms-Delaney. Both staff members had been performing the Community Relations Officer role supporting PBCs as part of hybrid roles with others teams, they will now be dedicated to Community Relations Officer roles.

Koa Country

FINANCIAL REPORT


Excluding mandatory training, such as for safety and cultural awareness, a breakdown of training opportunities by business functions during this reporting period is as follows:

Legal (49.98%)

Research (13.10%)

Community and Client Relations (5.88%)

Implementation and Development Division (18.30%)

Corporate (9.80%)

Management (2.94%)

QSNTS remains committed to providing learning and development opportunities for all of our staff.

OCCUPATIONAL HEALTH AND SAFETY QSNTS continues its commitment to field safety by ensuring all operational staff have undertaken first aid and 4WD training. Our Human Resources Officer has completed a Certificate IV in Work Health and Safety and will be involved in the running of the QSNTS Safety Committee.

QSNTS is also committed to fire safety compliance. In the Brisbane office, Events Officer Kerrie Liddle is appointed as the Fire Warden, and Knowledge Management Officer Sarada Roa and Human Resources Officer Leah Campbell are appointed as Area Wardens in the event of a building evacuation.

The Rockhampton and Mount Isa offices also abide fire safety obligations with the use of appropriate equipment in the office and fire evacuation plans.

LOOKING AHEAD: HUMAN RESOURCES IN 2016-17Over the coming year, we expect the following areas to be a priority for our Human Resources team:

• Supporting the transition to the Implementation and Management Division through:

– Training to identify skills needed for the transition, sourcing and rolling out suitable training;

– Review of position descriptions to ensure they accurately reflect the transition of responsibilities to cater for pre and post determination work;

– Development of a technical framework for Implementation and Management Division and Future Acts work;

• Identifying areas for improvement in workplace health and safety, for both office-based staff and fieldworkers;

• Connecting regional offices by working on communication and processes for regional staff to feel more a part of the QSNTS team; and

• Continuous improvement in performance management systems and processes.


DIRECTORS’ REPORTQueensland South Native Title Services Limited | ABN 88 114 581 556Your directors present their report on the company for the financial year ended 30 June 2016.

DirectorsThe names of the directors in office at any time during or since the end of the financial year are:

Colleen May Wall Pele Bennet (started as a Director 10 July 2015)

Bradley Saunders Selwyn Button (started as a Director 10 July 2015)

Bernie Yates

Michael Cawthorn James William (ceased as a Director 31 August 2015)

Directors have been in office since the start of the financial year to the date of this report unless otherwise stated.

Information on DirectorsThe information on directors is as follows:

Colleen Wall (Chairperson)

Colleen, daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beesley (nee Minniecon), and a Senior Dauwa Kabi Woman from the Mary River tributaries of Munna and Wide Bay Creek region and is knowledgeable in Aboriginal Land Law, and the cultural balance needed to heal through the Ancestors and recognizes the important responsibility that Grandmothers hold in maintaining this cultural practice. She recognizes the importance of acknowledging 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 in our youth. Colleen is a former Member of Family Law Council Australia and presented an Aboriginal Child Rearing Practice paper to them to inform Family Law Council Report on Parentage and the Family Law Act December 2013 in relation to the importance of a mother’s bloodline to traditional country. She delivers cultural programs to entities like Brisbane City Council and Clancestry Festival for Queensland Performing Arts Center. Recently Colleen developed an A&TSI Engagement Policy for Brisbane Power House and now as a Director of Aqua Dreaming Ltd she is working to establish a framework for the use of Aboriginal Grandmother’s Law in areas such as Child Protection and Family Law.

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)

TABLE OF CONTENTSDirectors’ Report ...........................................................................................................................................................60

Auditor’s Independence Declaration ........................................................................................................................65

Financial Report

Statement of Comprehensive Income ................................................................................................................65

Statement of Financial Position ..........................................................................................................................67

Statement of Changes in Equity ..........................................................................................................................68

Statement of Cash Flows ....................................................................................................................................68

Notes to the Financial Statements .....................................................................................................................69

Directors’ Declaration ..................................................................................................................................................78

Independent Audit Report ..........................................................................................................................................79

Auditors’ Disclaimer of Additional Information ........................................................................................................81

Additional Information ..................................................................................................................................................82


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.

Michael Cawthorn (Director)

Michael is from Melbourne and has lived in Alice Springs for the past twelve years. His professional experience includes working in museums and with Aboriginal Land Councils, specialising in native title research, cultural heritage management and protection under various heritage legislation regimes, negotiation and land access agreement making and advice in relation to repatriation programs. Having served previously as Deputy Director of the Museum and Art Gallery of the Northern Territory and the Strehlow Research Centre, as well as Vice President of Museums Australia (Northern Territory), Michael now works as an independent consultant anthropologist.

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 on Indigenous Affairs. He is also an independent director of an Aboriginal Medical Service in the Top End.

Pele Bennet (Director)

Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits. Born and raised in Brisbane and a proud member of the region’s Indigenous community, Pele commenced her career as a trainee in hearing health and has since worked within the health sector for approximately 16 years. Pele has maintained a clear sense of obligation to support Aboriginal and Torres Strait Islander workers, families and communities, committing herself to better outcomes and opportunities for Indigenous Australians to help them succeed in their life journeys. 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 is also currently working toward a certificate-level qualification in company directorship.

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 6 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.

James William (Director)

James was born and raised on Masig (Yorke Island) and is an active member of the Kulkalgal Ya People of the central islands of the Torres Strait. James has lived in South East Queensland for 20 years and has over 15 years’ experience working with Aboriginal and Torres Strait communities in Queensland and other states and territories. Throughout his career, James has worked in a variety of fields, including housing, training, employment and economic development. James operates as a management consultant to private and public sector organisations, and specialises in areas such as strategy, organisational change, and human capital development. James has also developed specialist knowledge and works as a subject matter expert in the emergent space of corporate social responsibility (CSR) and has worked extensively on major projects involving Indigenous Australians in mining and construction industries.

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 2015 – 30 June 2016

DIRECTORS DIRECTORS’ MEETINGS

Meetings Eligible to attend Meetings attended

Colleen Wall (Chairperson) 5 5

Bradley Saunders (Deputy Chair) 5 4

Michael Cawthorn 5 5

Bernie Yates 5 4

Pele Bennet 4 3

Selwyn Button 4 2

James William 2 0

Operating ResultsThe surplus for the financial year was $122,004.

Principal ActivityThe 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.


ObjectivesQSNTS 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 (s203BB)

Directly representing native title holders and claimants in native title related proceedings.

Certification (s203BE)Assisting with the certification and registration process of native title applications and Indigenous Land Use Agreements (ILUAs).

Dispute resolution (s203BF)Trying to resolve disputes between various native title holders and claimants, including facilitating agreements between these persons.

Notification (s203BG)Ensuring that notices made under the Native Title Act are brought to the attention of relevant native title holders and claimants.

Agreement making (s203BH) Being a party to Indigenous Land Use Agreements.

Internal review (s203BI)Reviewing decisions made as a native title service provider and addressing all feedback through an internal process.

Other functions (s203BJ)

A range of miscellaneous functions including making agreements with neighbouring native title representative bodies to deal with overlapping claims, identifying potential native title holders, and promoting an understanding of the Native Title Act amongst clients.

The medium to longer term objectives 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. QSNTS also assists Prescribed Bodies Corporate by providing a range of services including incorporation, communications, corporate governance, native title decision making processes and grant writing;

It is the vision of QSNTS that through Native Title, we drive the achievement of Indigenous self-determination to redress the past, strengthen the present and empower the future.

Strategy for Achieving the Objectives

QSNTS achieves its objectives by implementing a business model based on multi-disciplinary, professional case management teams. These 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;

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 Yates

Dated: 6 October 2016


Di Bartolo Diamond & MihailarosAn Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au Level 7, 28 University Ave | Canberra City | Act 2601 GPO Box 588 | Canberra City | ACT 2601

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.

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

Auditor’s Independence DeclarationUNDER 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 2016 there has 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


FINANCIAL REPORTStatement of Profit or Loss and Comprehensive Incomefor the year ended 30 June 2016

Notes 2016 $

2015 $

REVENUE

Revenue from ordinary activities 2(a) 11,288,173 12,244,149

EXPENSES

Consultancy costs (2,205,095) (2,520,593)

Depreciation expenses (232,465) (258,969)

Employee benefits expense (5,634,753) (5,561,166)

Meeting costs (533,320) (592,536)

Occupancy costs (474,278) (470,061)

Travel expenses (946,901) (1,581,444)

Other expenses from ordinary activities 2(b) (1,140,279) (973,493)

PROFIT/(LOSS) FROM ORDINARY ACTIVITIES 121,082 285,887

OTHER COMPREHENSIVE INCOME - -

Net gain / (loss) on revaluation of non-current assets - -

TOTAL COMPREHENSIVE INCOME - -

PROFIT / (LOSS) ATTRIBUTABLE TO MEMBERS 121,082 285,887


Statement of Financial Positionfor the year ended 30 June 2016

Notes 2016 $

2015 $

CURRENT ASSETS

Cash and cash equivalents 3 3,572,172 3,410,407

Trade and other receivables 4 210,688 158,105

TOTAL CURRENT ASSETS 3,782,860 3,568,512

NON-CURRENT ASSETS

Property, plant and equipment 5 1,455,904 1,474,009

TOTAL NON-CURRENT ASSETS 1,455,904 1,474,009

TOTAL ASSETS 5,238,764 5,042,521

CURRENT LIABILITIES

Trade and other payables 6 525,861 493,358

Financial Liabilities 7 - -

Provisions 8(a) 732,658 687,327

Other Liabilities 9 1,181,713 1,200,646

TOTAL CURRENT LIABILITIES 2,440,232 2,381,331

NON-CURRENT LIABILITIES

Provisions 8(b) 70,739 54,479

TOTAL NON-CURRENT LIABILITIES 70,739 54,479

TOTAL LIABILITIES 2,510,971 2,435,810

NET ASSETS 2,727,793 2,606,711

EQUITY

Retained earnings/(Accumulated losses) 2,727,793 2,606,711

TOTAL EQUITY 2,727,793 2,606,711

Statement of Changes in Equityfor the year ended 30 June 2016

Retained Earnings $

Total Equity $

BALANCE AT 1 JULY 2014 2,320,824 2,302,824

Net Surplus for the year 285,887 285,887

Balance at 30 June 2015 2,606,711 2,606,711

BALANCE AT 1 JULY 2015 2,606,711 2,606,711

Net Surplus for the year 121,082 121,082

Balance at 30 June 2016 2,727,793 2,727,793

Statement of Cash Flows for the year ended 30 June 2016

Notes 2016 $

2015 $

CASH FLOW FROM OPERATING ACTIVITIES

Operating grant and funding receipts 12,212,723 10,836,167

Receipts from customers 66,558 51,302

Interest received 72,406 97,841

Payments to suppliers and employees (11,960,034) (12,715,241)

Net cash provided by/(used in) operating activities 13(b) 391,653 (1,729,931)

CASH FLOW FROM INVESTING ACTIVITIES

Payment for property, plant and equipment (315,397) (523,660)

Proceeds from disposal of motor vehicles 85,509 184,091

Net cash used in investing activities (229,888) (339,569)

Net increase/(decrease) in cash held 161,765 (2,069,500)

Cash at beginning of financial year 3,410,407 5,479,907

Cash at end of financial year 13(a) 3,572,172 3,410,407

The accompanying notes form part of these financial statementsThe accompanying notes form part of these financial statements


Notes to the Financial Statementsfor the year ended 30 June 2016

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES

The financial report is a general purpose financial report that has been prepared in accordance with Accounting Standards, Urgent Issues Group Consensus Views and other authoritative pronouncements of the Australian Accounting Standards Board and the Australian Charities and Not for Profits Commission Act 2012.

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. 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 and Equipment 25 – 40 % Straight Line

Motor Vehicles 12.5 % Straight Line

Furniture and 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 statementsThe accompanying notes form part of these financial statements



2016 $

2015 $

NOTE 2: PROFIT FROM ORDINARY ACTIVITIES Profit (losses) from ordinary activities has been determined after:

(a) Revenue and Net Gains

Grant funding 11,155,260 12,099,670

Interest Income 72,406 97,841

Gain on disposal of non-current assets - 17,276

Other Income and Services 60,507 29,362

Total Income 11,288,173 12,244,149

(b) Other Expenses

Loss on disposal of non-current assets 15,528 -

Board expenses 96,006 148,903

Motor vehicle expenses 120,814 160,908

PBC direct funding 164,750 -

Photocopying and Printing 21,159 76,966

Repairs and Maintenance (incl minor equipment replacement) 114,659 61,315

Resources 32,713 68,222

Subscriptions 74,385 69,231

Telephone 244,062 172,632

Training and professional development 35,803 41,144

Other expenses 220,400 174,172

Total Expenses 1,140,279 973,493

NOTE 3: CASH & CASH EQUIVALENTS

Cash on hand 115 1,772

Cash at bank 3,572,057 3,408,635

3,572,172 3,410,407

NOTE 4: TRADE AND OTHER RECEIVABLES

Trade Receivables 131,456 97,605

Provision for doubtful debts (69,066) (25,326)

Prepayments 148,298 85,826

210,688 158,105

Credit Risk – Trade and Other Receivables

The company does not have any material credit risk exposure to any single receivable or group of receivables. The following table details the company’s trade and other receivables exposed to credit risk with ageing analysis and impairment provided for thereon. Amounts are considered as ‘past due’ when the debt has not been settled within the terms and conditions agreed between the association and the customer or counter party to the transaction. Receivables that are past due are assessed for impairment by ascertaining solvency of the debtors and are provided for where there are specific circumstances indicating that the debt may not be fully repaid to the association. The balances of receivables that remain within initial trade terms (as detailed in the table) are considered to be of high credit quality.

NOTE 4: TRADE AND OTHER RECEIVABLES (Cont’d)

Ageing of Trade Receivables

Total Amount

$

Less than 30 Days

$

Past Due 31-60 Days

$

Past Due 61-90 Days

$

Past Due <90 Days

$

Past Due and Impaired

$

2016 Trade Receivables

131,456 3,650 36,889 1,798 89,119 69,066

2015 Trade Receivables

97,605 30,967 3,199 8,681 54,758 25,326

2016 $

2015 $

NOTE 5: PROPERTY, PLANT AND EQUIPMENT

Land and Building – at cost 968,856 794,403

Less accumulated depreciation (153,035) (102,550)

815,821 691,853

Plant and equipment - at cost 703,742 681,259


148,397 205,313

Motor vehicles - at cost 388,945 366,754


350,907 339,866

Office equipment - at cost 305,079 346,229


140,779 236,977

Total property, plant and equipment 1,455,904 1,474,009

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 $600,000 as at 30 June 2013. Major capital improvements have been made to the building since the last valuation. The Directors intend to obtain an updated market valuation of the property during the 2017 financial year.



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 Building

$

Plant and Equipment

$

Motor Vehicles

$

Office Equip

$

Total

$

2016

Balance at the beginning of the year 691,853 205,313 339,866 236,977 1,474,009

Additions 138,303 22,484 154,610 - 315,397

Disposals - - (101,037) - (101,037)

Transfers between asset class 38,108 (38,108) -

Depreciation expense (52,443) (79,400) (42,532) (58,090) (232,465)

Carrying amount at end of year 815,821 148,397 350,907 140,779 1,455,904

2016 $

2015 $

NOTE 6: TRADE AND OTHER PAYABLES

CURRENT

Trade creditors and accruals 373,160 270,049

Sundry creditors 152,701 223,309

525,861 493,358

NOTE 7: FINANCIAL LIABILITIES

CURRENT

Credit Card Liability - -

NOTE 8: PROVISIONS

CURRENT

Employee benefits – Annual Leave & Time in Lieu Provision 395,355 390,630

Employee benefits – Long Service Leave Provision 337,303 296,697

732,658 687,327

NON CURRENT

Employee benefits – Long Service Leave Provision 70,739 54,459

70,739 54,479


2016 $

2015 $

NOTE 9: OTHER LIABILITIES

CURRENT

Income in Advance – Unexpended Grant Funds 1,181,713 1,200,646

NOTE 10: RELATED PARTY TRANSACTIONS

The names of directors who have held office during the financial year are:

Colleen May Wall Michael Cawthorn Pele Bennet (started as a Director 10 July 2015)Bernie Yates Bradley Saunders Selwyn Button (started as a Director 10 July 2015) James William (ceased as a Director 31 August 2015)

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.

Key Management Personnel Compensation Summary

Short Term Employee Benefits 651,063 629,961

Long Term Employee Benefits 18,102 22 ,946

669,165 652,907

NOTE 11: 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 12: SEGMENT REPORTING

The Company operates in the Community Services Segment.

NOTE 13: CASH FLOW INFORMATION

Reconciliation of cashCash 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 115 1,772

Cash at bank 3,572,057 3,408,635

3,572,172 3,410,407



2016 $

2015 $

NOTE 13: CASH FLOW INFORMATION (Cont’d)

Reconciliation of cash flow from operations with profit from ordinary activities after income tax

Profit/(Loss) from ordinary activities after income tax 121,082 285,887

Non cash flows in profit from ordinary activities

Depreciation 232,465 258,969

Net (gain)/loss on disposal of property, plant and equipment 15,528 (17,276)

Provision for doubtful debts 43,740 (20,763)

Changes in assets and liabilities

(Increase)/decrease in prepayments (62,472) 81,176

(Increase)/decrease in trade receivables (33,851) (1,227)

Increase/(decrease) in trade and other payables 32,503 (161,932)

Increase/(decrease) in income in advance (18,933) (2,247,382)

Increase/(decrease) in provisions 61,591 92,617

Cash flows from operations 391,653 (1,729,931)

NOTE 14: FINANCIAL RISK MANAGEMENT

(i) Financial Risk Management Policies TThe 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 3,572,172 3,410,407

Trade and Other Receivables 210,688 158,105

3,782,860 3,568,512

Financial Liabilities

Trade and Other Payables 525,861 493,358

Financial Liabilities - -

Income in Advance – Unspent Grant Funds 1,181,713 1,200,646

1,707,574 1,694,004


NOTE 14: 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.

The tables below reflect an undiscounted contractual maturity analysis for financial liabilities.

Within 1 Year 1 to 5 Years Over 5 Years Total Cash Flow

2016 $

2015 $

2016 $

2015 $

2016 $

2015 $

2016 $

2015 $

Financial liabilities due for payment

Trade and other payables 525,861 493,358 - - - - 525,861 493,358

Financial Liabilities - - - -

Income in Advance 1,181,713 1,200,646 1,181,713 1,200,646

Total expected outflows

1,707,574 1,694,004 - - - - 1,707,574 1,694,004

Financial assets — cash flows realisable

Cash and cash equivalents

3,572,172 3,410,407 - - - - 3,572,172 3,410,407

Trade and Other Receivables

210,688 158,105 - - - - 210,688 158,105

Total expected inflows 3,782,860 3,568,512 3,782,860 3,568,512

Net (outflow)/inflow on financial instruments

2,075,286 1,874,508 - - - - 2,075,286 1,874,508



(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 15: COMMITMENTS

Operating Lease Commitments

Non-cancellable operating rental lease on premises, at Level 10 307 Queens Street Brisbane and Level 5B 34 East Street Rockhampton, contracted for but not capitalized in the financial statements

2016 $

2015 $

Payable – minimum lease payments 598,069 523,764

Not later than 12 months 1,211,031 1,700,791

Between 12 months and five years $1,809,100 $2,224,555

A security guarantee of $130,246 is held by the Bank as a commitment under the lease rental Agreement.

Research Consultancy Commitments

Agreements have been entered into amounting to $615,912 involving future payments within the next 12 months for research, consultancy and corporate services.

Capital Expenditure Commitments

Agreements have been entered into amounting to $48,526 involving future payments within the next 12 months for capital expenditure commitments.

NOTE 16: AUDITORS REMUNERATION

Audit Services 26,761 26,444

Other Services - -

$26,761 $26,444


NOTE 17: CONTINGENT LIABILITIES

The company had no known contingent liabilities as at 30 June 2016.

NOTE 18: 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 19: 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

Directors’ Declarationfor the year ended 30 June 2016

The directors of the company declare that:

1. The financial statements and notes, as set out on pages 4 to 17 are in accordance with the Corporations Act 2001:

(a) comply with Accounting Standards and the Corporations Regulations 2001; and

(b) ggive a true and fair view of the financial position as at 30 June 2016 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



Independent Audit Report to the Members of Queensland South Native Title Services Limitedfor the year ended 30 June 2016

Report on the Financial Report

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 2016 and the statement of comprehensive income, statement of change in equity and cash flow statement for the year ended on that date, a summary of significant accounting policies and other explanatory notes and the Directors’ declaration.

Directors’ Responsibility for the Financial Report

The Directors of the company are responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Act 2001 and for such internal controls as the directors determine are necessary to enable preparation of the financial report that is free from material misstatement, whether due to fraud or error.

Auditor’s Responsibility

Our responsibility is to express an opinion on the financial report based on our audit. We conducted our audit in accordance with Australian Auditing Standards. These Auditing Standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial report is free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial report. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal controls relevant to the entity’s preparation of the financial report that gives a true and fair view in order to design audit procedures that are appropriate to the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s 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 believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Independent Audit Report to the Members of Queensland South Native Title Services Limited (Cont’d)for the year ended 30 June 2016

Independence

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

Auditor’s Opinion

In our opinion, the financial report of Queensland South Native Title Services Limited is in accordance with the Corporations Act 2001, including:

i. giving a true and fair view of the company’s financial position as at 30 June 2016 and of their performance for the year ended on that date; and

ii. complying with Australian Accounting Standards (including the Australian Accounting Interpretations), the Corporations Regulations 2001 and Australian Charities and Not For Profits Commission Act 2012.



Canberra


















Disclaimer to the Members of Queensland South Native Title Services Limitedfor the year ended 30 June 2016

The additional financial data presented on page 24 is 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 2016. 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.




Detailed Profit and LossFor the Year Ended 30 June 2016for the year ended 30 June 2016

2016 $

2015 $

INCOME

Grant funding 11,155,260 12,099,670

Interest Income 72,406 97,841

Gain on disposal of non-current assets - 17,276

Other Income and Services 60,507 29,362

Total Income 11,288,173 12,244,149

LESS EXPENSES

Audit fees 26,761 26,444

Advertising 251,794 169,284

Bank charges 9,645 10,015

Board fees and expenses 96,005 148,903

Catering, venue hire and meetings 290,072 427,728

Computer expenses and IT Support 118,365 25,629

Consultancy fees - anthropological 890,670 1,055,999

Consultancy fees - legal 933,224 1,066,619

Consultancy fees – research and facilitators 68,591 41,485

Corporate expenses 46,278 174,599

Depreciation 232,465 258,969

Insurance 57,105 52,916

Loss on sale of non-current assets 15,528 -

Mapping and Resources 32,712 68,222

Motor vehicle expenses (incl vehicle hire) 120,814 160,908

Office expenses 48,512 49,389

Other general expenses 56,773 45,341

PBC direct funding 164,750 -

Postage 43,105 34,340

Printing and photocopying 21,159 76,966

Provision for Doubtful Debts 33,178 9,590

Rent 402,368 380,072

These financial statements should be read in conjunction with the attached Disclaimer.

83 | Queensland South Native Title Services

These financial statements should be read in conjunction with the attached Disclaimer.

Repairs, maintenance and minor replacements 114,659 61,315

Salaries and on costs 5,168,840 5,105,723

Security costs 2,382 4,752

Storage fees 8,703 8,499

Subscriptions 74,385 69,230

Superannuation 465,913 455,442

Telephone & Communications 244,062 172,632

Training & professional development 35,803 41,144

Traveling & accommodation expenses (incl consultant travel) 1,092,470 1,756,107

TOTAL EXPENSES 11,167,091 11,958,262

OPERATING SURPLUS/(LOSS) 121,082 285,887

Detailed Profit and LossFor the Year Ended 30 June 2016 (Cont’d)for the year ended 30 June 2016

Queensland South Native Title Services ANNUAL REPORT 2015 ... · 07 | Queensland South Native Title...

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