new south wales native title services ltd connections · transparency within aboriginal and torres...

Aboriginal and Torres Strait Islander organisations are raising the bar on good corporate governance.

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A quick look at the ABCs of native title reform and the likely impacts on Traditional Owners.

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We chat with the NSWNTS Chair Michael Bell about his work, his priorities and the future of native title.

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New South Wales Native Title Services Ltd

report froM tHe ceoAnother huge step for native title claimantsWhat an incredible five months: the Native Title Amendments Act was passed by Parliament; we signed-off on several important native title projects; there was a State Election; and the 2007 NSWNTS staff conference was held.

First of all, my congratulations to our staff who worked tirelessly to secure agreements for the Bundjalung - Byron Bay, Barkandji #1, and Githabul claims. These successful outcomes were only possible with the hard work, vision and persistence of both the claimants and communities that we represent.

On a sad note we learnt of the tragic passing of Murray Chapman at just 47 years of age. Murray, as many of you will know, was among the original team who set up NSWNTS, and was the founding manager and Acting CEO from 2002 to 2003. To his family and friends go the heartfelt condolences of everyone at NSWNTS. Murray has left a lasting legacy to the Aboriginal community in NSW (see story page 3).

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connectionsW

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issue no. 3 Month: June

yeAr: 2007issn 1833-539X

native title making headlineshistory in the making under the full glare of the media: Mick Kay from nPWs looks on as (from left) Aunty Linda, nsW Premier Morris iemma and Aunty Dulcie sign the Byron Bay indigenous Land use Agreement (iLuA). see story page 5.

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I believe this project-management style will better service our clients by offering a more structured outcomes-oriented approach.

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During the Christmas break I researched the management styles and structures of NSWNTS and other organisations as part of a strategy to deliver better outcomes for our clients, and achieve a more transparent, effective and efficient corporate governance structure.

The new approach will incorporate project managers and their teams under the supervision of the Executive Management Team of NSWNTS.

As a result these expectations are shaping a higher standard of corporate behavior that NSWNTS along with other representative bodies and service providers are happy to embrace and surpass.

At NSWNTS we are committed to achieving world class governance structures to ensure the future sustainability of the company and to create value for our members and clients. To do this, the company promotes a corporate culture that is ethical, transparent, merit-based, team driven and outcome focused.

Community expectations, and the regulatory environment we work in, will always impact on the company’s corporate governance practices. The key corporate practices include:

Board and staff conduct codes Conflict of interest policy Increased participation in general meetings and the company Enhanced communication between clients, members, directors and management The development and maintenance of a company Policy and Procedure

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Manual Induction and training for directors, members and staffCompliance with ASIC/ Corporations Law Corporate Governance best practice Delineation of board and operations responsibilities Strategic and operational planning, review and reporting Risk managementExternal scrutiny and review

The community’s demand for good corporate governance and transparency within Aboriginal and Torres Strait Islander organisations is ongoing, NSWNTS is committed to meeting these expectations to ensure the best possible outcomes for our clients and the community at large.

What is corporate governance?“Corporate governance is the system by which companies are directed and managed. It influences how the objectives of the company are set and achieved, how risks is monitored and assessed, and how performance is optimised.

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“Good corporate governance structures encourage companies to create value (through entrepreneurism, innovation, development and exploration) and provide accountability and control systems commensurate with the risks involved.”

Australian Stock Exchange – Principles of Good Corporate Governance and Best Practice Recommendations, 31 March 2003.

“Corporate governance is the system by which business corporations are directed and controlled. The corporate governance structure specifies the distribution of rights and responsibilities among different participants in the corporation, such as, the board, managers, shareholders and other stakeholders, and spells out the rules and procedures for making decisions on corporate affairs. By doing this, it also provides the structure through which the company objectives are set and the means of attaining those objectives and monitoring performance”.

Organisation for Economic Co-operation and Development (OECD) April 1999.

Warren Mundine

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Raising the bar on corporate governancein recent years, the expectation of good corporate governance within Aboriginal and Torres Strait islander communities has risen, reflecting a global trend.

Finally, our long time Finance Officer Damien Turner is leaving NSWNTS for his home country of Alice Springs. Shaz Rind our Senior Solicitor is also returning home to the country of the Yamatji. Their valuable contribution to NSWNTS will be greatly missed and we wish them every success in their future endeavours.

We have been able to recruit outstanding replacements in Manju Saini as Finance Officer and Emily Strickland as Senior Solicitor. A warm team welcome to Manju and Emily – we look forward to working with you.

Warren MundineCeo & Company secretary

new south Wales native title services [email protected] freecall 1800 111 844 Ph: (02) 9310 Fax (02) 9310 4177 2

Murray Chapman was the first acting Chief Executive Officer of the New South Wales Native Title Services (NSWNTS) and was appointed by the Australian Torres Strait Islander Commission (ATSIC) in 2002.

His death in February was deeply felt by all who knew him, especially those at NSWNTS.

With his considerable administrative, technical, professional and bureaucratic skills (although you could never characterise him as a bureaucrat), he quickly fashioned the organisation into one to be taken seriously within the realm of native title.

Murray brought with him a passion that inspired both Aboriginal people and the broader community. Throughout his time as General Manager of the Indigenous Land Council in Robert Tickner’s office, and Senior Officer with ATSIC, his fire burned brightly. Native title in New South Wales was on the way to being on equal terms with native title elsewhere in Australia.

After setting up the organisation, Murray left NSWNTS in 2003, but

so great was his contribution that the organisation continued to go from strength to strength.

His time at NSWNTS was short but far-reaching. The recent successful consent determination for the Githabul People in northeast NSW is testament to that. Murray was a Euahlay-I man from northern NSW whose door was always open to his staff. He was tough when toughness was required and NSWNTS is better off as a result. His broad knowledge of his people was impressive particularly in the area of Aboriginal land rights and native title, about which he was widely read. His knowledge of history and government processes was extraordinary. These are the traits he brought with him to NSWNTS.

Murray was a very large presence and he will be greatly missed.

Ken LumnsWnts operations Manager

We farewell Murray chapman

improve my skills for work and suggested I apply for a position,” Nathan said.

The student roster included top-ranking Indigenous government officials, CEO’s, professors and community liaison officers and workers.

Nathan enjoyed the course so much he hopes to undertake Certificate IV during next year’s intake and believes he’ll be able to share his newly acquired skills with Indigenous and broader members of the community.

Congratulations to nsWnts Community Facilitator, nathan ryan, on completing Certificate ii of the nationally recognised indigenous Leadership Competency Course held in Canberra.Nathan took part in extensive leadership training this year to improve his professional skills.

“I heard about the course through a work colleague who suggested that it would be a good opportunity to

nathan on course for greater leadership role

Pictured at the Indigenous Leadership Competency Course graduation day (from left) NSWNTS CEO Warren Mundine, Community Facilitator

Nathan Ryan, and Senior Solicitor Damien Barnes.


the Githabul people have secured an historic native title agreement with the nsW Government which recognises the traditional owners’ continuing connection to their lands.

The Indigenous Land Use Agreement (ILUA) covers about 140,600 hectares of land along the NSW/QLD border near the town of Woodenbong and is currently awaiting registration with the National Native Title Tribunal (NNTT).

On the day of the sign-off, and more than 11 years after the process had begun, the original Githabul claimants received a standing ovation. In response the claimants told the crowd:

“We have built our own new promising future for the Githabul people.”

The Githabul Claim, as the agreement is known, was first lodged by representatives of the Githabul people in October 1995. NSWNTS was proud to have funded the claimant group in their negotiations with the Government.

By recognising the Githabul people’s connection to their lands the consent determination also secures employment, cultural education, capacity building initiatives, freehold land and co-management agreements within the

National Park areas. In all, 10 national parks, 13 state forests and a travelling stock reserve will be included in the agreement.

The determination gives the Githabul people non-exclusive rights to hunt, fish, and gather for traditional purposes. Protection of culturally sensitive sites is protected within the broader claim area.

NSWNTS CEO, Warren Mundine, said that the agreement was a testament to the dedication and commitment of the company’s staff.

“This agreement ensures the continued connection of the Ghithabul people to their land, and delivers real jobs and real benefits to their community,” Mr Mundine said.

“We are pleased that the NSW Government recognises that this is the Ghithabul people’s land. This recognition is vital to ensure the long-term economic and cultural future of the Ghithabul people.”

Agreement recognises Githabul rights

Top: young Githabul dancers wait for their chance to shine. Middle: a big day for the young and

even younger. Bottom: Githabul boys celebrate in traditional-style. Left: all smiles as NSW National Parks and Wildlife Service officers line up for a

group shot.


Native title sign-off lays foundation for the futurethe Bundjalung people of Byron Bay have signed off on an agreement with the nsW Government that will deliver real benefits to the local community.An Indigenous Land Use Agreement (ILUA) was signed by Aunty Linda Vidler, a Bundjalung Elder, and the NSW Premier, Morris Iemma, during a ceremony at the Cape Byron Lighthouse.

This historic event builds on a previous agreement signed in 2001 and includes the transfer of about 124 hectares of crown lands to the Bundjalung National Park. The park is managed in partnership between the claimant group and National Parks, with funding allocated for ongoing training and employment.

Respected elder Aunty Linda Vidler was proud to take part in the celebrations although they have come too late for her sisters who were remembered on the day.

Aunty Linda said the agreement marked a turning point in a 14-year campaign to see her people’s lands and customs formally recognised and gave the younger generation hope for a better way of life.

“We are pleased that the NSW government recognises that this is our country and have worked long and hard to make this day happen,” Mrs Vidler said.

“Fourteen years is a short time in the history of my people but to secure our rights and a brighter future for our families makes it worth the effort.”

Part of the agreement includes the transfer of freehold land and the Broken Head Caravan Park to the Byron Bay Bundjalung Corporation. The corporation will develop training and employment opportunities in tourism and construction.

The agreement acknowledges that the Bundjalung people of Byron Bay are the original inhabitants of the area which was settled by Europeans in the early 1850’s.

NSWNTS CEO, Warren Mundine, welcomed the agreement which resulted from lengthy negotiations between all parties.

“Agreements such as these are pivotal to the native title process,” Mr Mundine said.

“As well as the delivery of real jobs and real benefits, the acknowledgment of the Traditional Owners and their connection to their country cannot be underestimated.”

Top from left to right: Wally Stewart with ceremonial dancers, son Nigel Stewart and Peter Marshall. Middle: Aunty Linda, NSW Premier Morris Iemma and Aunty Dulcie in the centre, flanked by members of the Byron Bay Bundjalung

community. Bottom: NSWNTS CEO Warren Mundine and former State Member for Tweed, Neville Newell, leave their mark on the official celebrations.


tHe federal attorney General, pHilip ruddock, Has introduced a packaGe of six inter-related reforMs to tHe native title systeM.

Mr Ruddock said these amendments to the Native Title Act 1993 will improve the effectiveness and efficiency of the system. The intention, he said, was not to “disturb the fundamentally important object of the Native Title Act, [but] to recognise and protect native title”.

Mr Rudd outlined the following six key aims of the amendments:

More effective National Native Title Tribunal (NNTT) mediation

Better coordination and communication between the Court and Tribunal

Introduction of measures to ensure parties act responsibly

Increased effectiveness and accountability of Native Title Representative Bodies (NTRBs)

Increased flexibility for Prescribed Bodies Corporate (PBCs)

Extension of funding to respondents in Native Title negotiations

To ensure the concerns of Traditional Owners in NSW were voiced, and their interests protected, NSWNTS lodged submissions concerning the proposed amendments with the National Native Title Council (NNTC). The submissions contributed to a joint statement from native title representative bodies (NTRBs) across the nation to a Parliamentary Inquiry into the amendments.

Some of the changes contained in the first series of amendments passed by Parliament in include:

The introduction of fixed term recognition and funding periods for NTRBs (including native title service

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providers such as NSWNTS);

The introduction of new powers for the NNTT, including the power to conduct a review into whether a native title claim group holds native title rights and interests, and to undertake an inquiry into overlapping claims where parties request that assistance and to report on the failure of parties to act in good faith;

The re-registration testing of old act native title applications and unregistered native title applications within the next 12 months, in conjunction with the introduction of an express power for the Federal Court to dismiss unregistered applications in certain circumstances;

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Improved access to sources of assistance for Prescribed Bodies Corporate (PBCs) including from NSWNTS; and

A review of the Attorney General’s policies concerning Respondent Party Funding.

The second series of amendments is concerned with the future act regime, ILUA processes and other processes for making and resolving native title claims, including notification requirements, authorisation requirements and timeframes. A review of the way these amendments may impact on native title claimants in NSW will be provided in an upcoming issue of Connections.

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A quick look at the basics of native title reform

A model AGreeMent For the WhoLe community

the nsW natural resource advisory council will soon be releasing its long-awaited natural resource agreements kit.

The kit has been designed to enhance agreement making in natural resources and will include model agreements for acknowledgements, cooperation, consultation and access. In addition, the kit will provide information for other parties outlining the positive aspects of entering agreements.

The kit has been exhaustively researched by Booroongun Djugen Aboriginal College at Kempsey, and involved a series of workshops with community members in Canberra, Dubbo, Kempsey and Moree.

Email Robert Irvine ([email protected]) or David Voltz ([email protected]) to receive an advance copy.


Mou paves the way for Better services

In January NSWNTS reached an agreement with Queensland South Native Title Services (QSNTS) for cross-border co-operation. The historic memorandum of understanding (MOU) was signed by NSWNTS CEO, Warren Mundine, and QSNTS CEO, Valerie Cooms.

The MOU builds on the already strong relationship between the organisations and follows last year’s groundbreaking agreement with Native Title Services Victoria (NSTV).

Designed to cover a raft of issues overlapping state borders, the MOU will assist Traditional Owners whose country lies within NSW and Queensland. Issues such as notification of future acts, negotiations with governments, community consultation, lodging of new claims, shared case management and mediation.

Both Mr Mundine and Ms Cooms were proud to sign the MOU saying that the intelligent and efficient use of resources was paramount.

“As with the NSW-Victorian MOU, this agreement reiterates both organisations’ commitment to the needs of Traditional Owners in both States,” Mr Mundine said.

“As our clients already know, there was no such thing as this border before European settlement, and in our work there shouldn’t be any now.”

Similarly, Ms Cooms said that agreements such as this could only benefit Traditional Owners and the two organisations.

“This agreement ensures that the people we represent get the best value possible from the services of both organisations,” Ms Cooms said.

“The decrease in funding for representative bodies in real terms means that it is vital that we provide the best possible management and resources for their claims.”

a cHat WitHtHe nsWnts cHair

Michael Bell Michael, tell us what line of work you are in?I am currently the Aged Care Manager at Ngunnawal Community Care (NCC), which is a non government community organisation started seven years ago to provide services to frail aged and young disabled people in the Canberra, Yass and Queenbeyan regions. We aim to provide holistic care, appropriate for the needs of older Aboriginal and Torres Straight Islanders and other eligible clients, recognising the importance of cultural and spiritual well-being for physical and mental health. Our service provides assistance to more than 100 clients and employs 9 aboriginal direct care workers.

What part of your job gives you the most satisfaction?For me, it’s the opportunity to make a difference to our clients on a day-to-day basis in a workplace that presents new and varied challenges.

tell us about your Aboriginal nation?My family is well known and respected throughout Ngunnawal country and other Indigenous communities. My father is a Ngunnawal elder and my mother a Gomileroi woman. Yass is my home community and I have lived there all of my life.

What progress has there been in nsW native title since you were appointed Chair three years ago?There have been a lot of changes to the way we look at native title in the past few years. We are starting to see the benefit of these changes through successful outcomes such as the recent finalisation of the Githabul and Byron Bay claims. Communication between the board and management has ensured efficient use of our funding resulting in excellent relations between all facets of the organisation.

how do you see the future of native title?I would like to see more determinations of native title within NSW which enable Traditional Owners the power to control and manage their lands. This would help provide economic and cultural benefits. My hope is that NSWNTS will continue to voice the concerns of Aboriginal people and represent their native title interests.

The MOU was signed by QSNTS CEO Valerie Cooms and NSWNTS CEO Warren Mundine


Growing up in the central western town of Dubbo instilled in Michael Bennett a passionate interest in Aboriginal people and their history. These days, his responsibilities as NSWNTS Historian include identifying and demonstrating the continuity of traditional law and customs for native title purposes in our state.

During the past five years Michael has looked, learned and listened to Traditional Owners about the history of their families and communities. He believes it is vital that the past is identified not only through physical evidence but also, through traditional knowledge which is vital in finding that sometimes elusive “connection” that ties Traditional Owners to their land.

On the path to his chosen career, Michael completed a degree in archaeology that led to a position at the NSW National Parks. It was during this two-year stint, examining Aboriginal burial practices, that his desire to explore the history and lives of Aboriginal people took root. So, it was back to the books for Michael, who completed a PhD thesis focused on the South Coast of NSW. His thesis, which examined Indigenous labour trends on farms in the Shoalhaven district, south of Wollongong, brought him to the attention of Dr Ken Lum, the operations manager at NSWNTS.

“While archeological work is important I feel that the historical aspect of our work allows for a more personal approach,” Michael said.

“It is through my work on the ground comparing historical data gathered at libraries to stories from elders and other members of the community that I and other members of the research team can get a strong sense of the times and the way in which the Traditional Owners of our lands dealt with issues. This is not only over a lifetime period but you also get a feeling on how people must of lived on a day to day basis.”

Michael’s position gives him the opportunity to conduct original research including the construction of family histories (genealogies). One of the most important factors of Michael’s work includes the gathering of documents such as; births, deaths and marriage records, settler diaries, newspapers of the day, government reports, that lead him to the original connection of Traditional Owners to their land.

Results from searches are made available to families and used as part of the verification process proving an ancestral connection to the land. Findings normally show how ancestors lived with, and on the land, including hunting and gathering or ceremonial practices. His other research interests include writing mini biographies of trackers in NSW from the mid 1800’s. Part of Michael’s current research centres on the Narrabri region and the impact on Aboriginal labour trends following the gold rush in NSW during the early 1850s.

SToP PrESSNSWNTS management and staff welcomed the news that the nowformer Community Facilitator Steve Ryan has been elected to the NSW Aboriginal Land Council. Steve, a Tubbah-Gah man, will represent the Central Region based around the city of Dubbo. “I am proud to have been chosen to get the best possible results for our community,” Steve said. “It is my belief that the result reflects a strong desire within the community for Traditional Owners, land councils and individuals to work together.” While everyone at NSWNTS was sad to see Steve leave the team, CEO Warren Mundine said they looked forward to watching him achieve in his new career.

spotlight on: MiChAEL BENNETTNSW Native Title Services historian

Building your community:

funding programs atwww2.communitybuilders.nsw.gov.au

Australia Council for the Artsoffers support and resources for the arts in

Australia through a grants and awards program. Check website for next funding round.

Foundation for young Australians Funding Programs

the Foundation manages a portfolio of grants for initiatives that help provide young people aged

12 to 25 with opportunities to reach their full potential and make a valuable contribution to the

community. Check website for next funding round.

Max Kelly Medalestablished by the history Council of nsW

this award is to encourage students and other beginning historians in the writing of Australian history from original materials. the winner will receive the medal and a cash prize of $500 at

the Annual history Lecture. Applications close 14 December 2007.

regional Achievement and Community Awards

the awards focus on small to medium sized businesses, organisations involved in promoting

the community through events and tourism, individuals providing leadership and initiative, and community groups enhancing the social,

economic, commercial and environmental prosperity of their region. Applications close

August 2007.


new south wales native title services ltd connections · transparency within aboriginal and torres...

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