central land council corporate plan 2016-2020 · we, as the accountable authority of central land...

CENTRAL LAND COUNCIL CORPORATE PLAN

2016-2020

ACCOUNTABLE AUTHORITY (CHAIR/DIRECTOR) MESSAGEWelcome. This Corporate Plan of the Central Land Council (CLC) for 2016-2020 sets out the medium and long-term aspirations for the organisation.

This year we recognise 50 years since the Wave Hill Walk Off that paved the way for land rights, and celebrate 40 years of the Aboriginal Land Rights Act. In recognition, the first Council meeting in the new financial year, from 16-18 August at Kalkaringi, will be a joint sitting with the Northern Land Council delegates. It will be suitable time to reflect on past achievements as well as lost opportunities.

Although there is much progress, there has also been considerable growth in constituent and Government expectations. The CLC was originally created by Commonwealth legislation, and therefore is a Commonwealth corporate entity that is ever-increasingly viewed as a mere extension of the Canberra bureaucracy. Its independent status is frequently questioned and challenged by Government creating tension between constituent aspirations. Central Australian constituents and especially the elected Council does not consider the CLC as ‘Government’. They consider the CLC as ‘their’ organisation, not a government tool. The CLC is embedded into the hearts and minds of its true owners, the Aboriginal peoples of Central Australia.

Our corporate plan focuses on medium and long term priorities which will make a genuine difference to Aboriginal peoples’ well-being. The plan is aimed to synchronise our efforts throughout the CLC to maximise the benefit of the outcomes.

The core purpose is to serve its Central Australian constituents and the CLC is influential over many aspects of Aboriginal life in Central Australia, including rights, land access, cultural protection, sustainable and economic use of Aboriginal land and building stronger communities. There will a number of major opportunities in 2016/17 to secure services that Traditional owners and communities rate highly in terms of their aspirations. Not in priority, to continue to be an effective advocate for Aboriginal peoples, to safeguard the respected Ranger program and continue on an expansion plan, to gain support for an expanding community development program and seek guarantees that the Aboriginal Benefits Account (ABA) continues to financially support ‘ceremony and funeral’ activities.

Like its peoples, the CLC must live in two worlds. One as leading advocacy organisation, in the other a Commonwealth corporate entity created by legislation that bestows significant Ministerial power simply through the authority to determine our funding. Good Corporate Governance, including quality forward planning and financial sustainability belongs in both worlds. Proof of this commitment was the approved 2012-17 Strategic Plan guiding the CLC long before corporate planning recently became mandatory. This plan strives to fully meet both the PGPA corporate plan requirements and, far more importantly, the ambitions and hopes of the Aboriginal peoples it represents.

We, as the accountable authority of Central Land Council, present the 2016/17 Central Land Council corporate plan, which covers the periods of 2016/17 to 2019/20, as required under paragraph 35(1)(b) of the Public Governance, Performance and Accountability Act 2013. The corporate plan has been prepared in accordance with the Public Governance, Performance and Accountability Rule 2014.

Francis KellyCHAIR

31 August, 2016

David RossDIRECTOR

31 August, 2016

CLC CORPORATE PLAN 2016-2020 1.

TA B L E O F C O N T E N T SAccountable Authority (Chair/Director) message 1

CLC’s NT Area 4

MAp 1. CLC’s NT Area - Communities 5

Introduction (incl. PGPA Act requirements/statements) 6

Enhanced Commonwealth Performance Framework 6

Purposes Statement, Powers, Functions, Priorities 7

Purposes Statement 7

Powers 7

Functions 8

Native Title Representative Body 9

Priorities 10

Accountable Authority (PGPA) 10

Good Governance 11

Remoteness and Access to ‘Country’ 12

Economic Development 12

Community Development 13

Policy Priorities 15

Australian Government Indigenous Targets 22

Planning Framework 23

Valued Behaviour 26

Corporate Strategy 27

Background 27

Services Diversification Risks and Challenges 28

Managing the Growth 29

Corporate Plan 2015-16 Evaluation 30

Vision & Goals 31

Strategic Direction 32

1 Good Governance 33

2 Aboriginal Rights & Interests Protection 34

3 Land Ownership & Interests 35

4 Culture & Heritage Protection 36

5 Economic Development & Income Management 37

6 Strong Communities, Outstations & Regions 38

7 Sustainable Land Use & Management 39

8 Corporate Management 40

Action Plans by Strategy 41

Ranger Program Sub-goal 42

Ranger Program Strategic Development 43

Dispute Prevention and Management 46

Risk, Capability and Environment 47

Environment 48

Performance 48

Organisation Capability 49

Human Resources/Workforce planning 49

Staff Profile 50

Enterprise Agreement 51

Organisation Structure 52

Background 52

Changes between 2012 and 2016 52

Organisation Structure 53

Proposed Organisation Structure 54

Affirmative Succession Plan & Development 55

Audit Committee 56

Capital investment strategy 57

Capital Investment Planning - Transport Planning & Strategy 57

ICT Capability 60

Risk Oversight and Management Strategy 61

Performance Framework – Measuring and Assessing Performance 63

Performance Indicator/Metric ‘Dashboards’ 66

Performance Statement (projected targets 2016/17) 69

Financial Sustainability 73

Medium Term Financial Management: Supporting the Strategic Direction 74

Modelling – Scenario Planning 81

Glossary 85

North West

Eastern Sandover

Tennant Creek

Eastern Plenty

Western

Alice Springs

TanamiCentral

South West

C L C ’ S N T A R E A

CLC CORPORATE PLAN 2016-20204.

C L C R e g i o nC L C R e g i o n

N L C R e g i o nN L C R e g i o n

TENNANTCREEK

ALICESPRINGS

AlyuenOrrtipa-thurraEngawala

Irrultja

Iwupataka

Arawerr

Wilora

Mungkarta

Imangara

Marlinja

Tara

Pigeon Hole

Likkaparta

Adelaide Bore

Alkipi

Alpara

Injulkama

Amputjuta

Angula

AnningieIndaringinya

Artekerr

Atnwengerrpe

Utily

Blackwater

Atneltyey

Mala

Town Bore

Parrulyu

Ililli

Dons Bore

Ilpili

Ininti

Injirramurri

Inyilingi

Irkini

Tinki

Kulpitharra

Kunapula

Kungkayunti

Kurkutjara

Inkwelaye

Lilla

Little Well

Mantapayilka Mantarur

Mbunghara

Amengernterneah

Morris Gap

Mount Barkly

Karrinyarra

Putulu

Mulga Bore

Wanarkula

New Bore

Yuwerli

Nguman

Ngkwarlerlanem

Petalu

Phillipson Bore

Pine Hill

Pinpirnga

Pirrulpakalarintja

Pulardi

Punritjanta

Puta Puta

Puyurru

Soakage Bore

Tjulpungu

Tjunti

Tjuntinanta

Urlampe

Ukaka

Ukatjupu

Ulpanyali

UndanditaUndurana 1c

Arlparra

Urilpila

Ankerrapw

Walytjatjata

Wangkari

Wanmarra

Warren Creek

Warumpi

Wayililinypa

Welere

Welmala

Yatjalu

Yateman's Bore

Yinyiripalangu

Yuwalki

Yumurrpa

Gulunguru

Bajaminyi

Bauhinia Downs

Yangulinyina

Corella Creek

Jarra Jarra

Jingaloo

Kalumpurlpa

Kunayungku

Partnparinji

Mungalawurru

Munyalini

Nudjabarra

Nuradidgee

Pingala

Bujan

Wogyala

Jilundarina

Tjoungouri

Wollogorang

Bamboo Springs

Picininny Bore

Liku

Lingara

Lul-tju

Mistake Creek

Duck PondsParnta

Jiwaranpa

Mungurrupa

Yinguwunarri

Burrumburru

Murtulki

Murun MurulaWangalinji

Gumuluji

Alatyeye

Mamadi

Jungarrayi Warnu

Mt Maiyo

Irrerlirre

Jangirulu

Ulbulla

Wunara

Ilperle

Undoolya Bore

ArtekerreBurt Creek

Alkupitja

Walkabout Bore

Kiana

Goolminyini

Mimina

Inkawenyerre

Iylentye

Camel Camp

Atheley

Pungalindum

NgappamilarnuPurrukuwurru

JunkajiArrawajin

Kalinjarri

Illeuwurru

Mirridi

Pilakatal

KulangWalu

Walkalba

Winparku

Pinja

Chilla Well

5 Mile BoreUlambara

AmundurnguaTjintirtjintirpaNgutjul

Muyin

NgankiritjaTarawara

Camel's Hump

16 Mile CampBlacktank Bore

Turner's Camp

Williams Well

Akarnenehe Well

Antere

Oak ValleyMount Peachy

Pwertentye

DoolgarinaIjarra

Wurlbu

Lija Mukumparla

Kurraya

Ankweleyelengkwe

Blue Bush

Nguyarramini

Punjarriji

Miyikampi

Bloodwood Bore

Beer St Bore

Halfway Camp

Charlotte Waters

Mcdonalds Yard

Alice Well

Irrmarne

Pantyinteme

Mt Eaglebeak

Lizard Bore

Mantardi

Murranji

Pertarratenge

Petyale

Yulara Pulka

Prrawaw

Ngarnka

KatjutariLuntharra

Mulga Green

WataruOondaloo

EagleValley

Tjauwata

Connells Lagoon

Maperte

Hatches Creek

Iluwurru

Kurntapurra

Namerinni

Ngurrara

Wakurlpu

Foxalls Well

Arrunge

Yartalu Yartalu

Pwerte Marnte Marnte

Kalumbulani

Kalpitapta

Snake Well

Wiitin

Spotted Tiger

Imperrenth

Tommyhawk Swamp

Cow Lagoon

Hingstons Place

Napagunpa

Pakulki

Undurana 2a

Budjanga

Garrinjinny Mariniri

WulaburriWundigalla

Pantharrpilenhe

Warlpeyangkrere

Kumunu

Muckaty

10 Mile Outstation

Ileparratye

Corkwood Bore16 Mile

Yaripilangu

Atji Creek

Emu bore

Waake

Jurtarangi

Yirnjirlwarnu

Piyultjara

Akanta

Kurippi

Ilpurla

MampConiston

Penyeme

Alyapa

Umutju

Tinkanara

Amoonguna

Ampilatwatja

Areyonga

Finke

Haasts Bluff

Atitjere

Hermannsburg

Imanpa

Kaltukatjara

Kintore

Laramba

Mount Liebig

Mutitjulu

Nturiya

Nyirripi

Papunya

Pmara Jutunta

Santa Teresa

Titjikala

Wallace Rockhole

Willowra

YuelamuYuendumu

Ali Curung Alpurrurulam

Canteen Creek

Wutunugurra

Robinson River

Daguragu

Kalkarindji

Lajamanu

Amanbidji Yarralin

Communities in the CLC Region

Produced 13/09/2012Copyright CLC 2012PROJECTION: Geographic

DATUM: GDA 94

1:5,500,0000 50 100 150 20025

Kilometres

LegendCLC Office Location

Major Town

Major Community

Minor Community

Outstation

CLC Boundary

Primary Road

Secondary Road

Other Road

Map Number: 2012-220

- Land Information -

Red Sandhill

Sugar Creek

Arrkapa

Eight Mile

Gilbert Springs

Ilkarralalama

Importna

Intjartnama

Five Mile

Ipolera

Kaporilya

Armstrongs

Kwala Labrapuntja

Ltira

Liltjera

Lyilyalanama

Old Station

Motna's

Tjamangkurra

Tnawurta

Tnyimipurta

West Waterhouse

Werre-therre

Alkngarriintja

Ntakarra

Ipalala

Ulpunda

Palm Paddock

RutjingkaMerral Ntarrakala

Natjitnama

Rarangantjuta

Mount Twellar

AngatyepeAngkerle Arrenge (a)

Angkerle Arrenge (b)

ArrillhjereElitjia

Irriltyere (a)Irriltyere (b)

IteyepintyeItperlyenge

Payeperrentye (a)

Payeperrentye (b)

Perte Therre

Tnerte

Twetye (a)Twetye (b)

Tywenpe (a)Tywenpe (b)

Tywenpe (c)

Tywenpe (d)Tywenpe (e)Yakala

Mbalkanaka

Iwupataka

Hermannsburg

Wallace Rockhole

See Inset

Inset

Data SourcesGeoscience AustraliaDPI, N.T. Govt.CLC

MAP 1. CLC’S NT AREA - COMMUNITIES


INTRODUCTION (INCL. PGPA ACT REQUIREMENTS/STATEMENTS)The Central Land Council (CLC) is an Australian Commonwealth corporate entity (PGPA) created to carry out the functions specified to it by the Aboriginal Land Rights Act, 1976, as amended (ALRA). Subsequent to ALRA the CLC was also made a Native Title Representative Body (NTRB) under the Native Title Act 1993. Its activities also substantially increased with taking responsibility for the Ranger Program in its area.

CLC’s main source of funding comprises allocations from the Aboriginal Benefits Account (ABA) established under section 64 of ALRA. Section 63 of ALRA provides funding to the ABA by periodically placing amounts into the account equal to the amounts of any royalties received by the Australian or the Northern Territory in respect of a mining interest on Aboriginal land. The NTRB1 functions are funded from the Australian Government budget. CLC also receives special purpose grants from various agencies.

The Central Land Council does not have any subsidiaries.

1Endorsed by Minister as NTRB until mid-2018

Enhanced Commonwealth performance frameworkThis Corporate Plan is a key component of the performance framework (refer below). It represents the commencement of the framework’s planning cycle, i.e. producing a corporate plan.

Enhanced Commonwealth performance framework (incorporating changes from the PGPA act)

Start: Financial year 1 End: Financial year 1 Start: Financial year 2

Corporate Plan

(planning and operations)

Annual Report

(reporting and accountability)

Corporate Plan financial year 2

(informed by previous year’s performance as reported in annual performance statement)

Improved Portfolio Budget Statements

(resource management and accountability)

Improved key performance indicator methodology

Annual Performance Statements

Future option: performance plan

WE ARE WHAT WE REPEATEDLY DO; EXCELLENCE, THEN, IS NOT AN ACT BUT A HABIT…Aristotle


PURPOSES STATEMENT

P U R P O S E S S TAT E M E N T , P O W E R S , F U N C T I O N S , P R I O R I T I E S

• The purposes ascribed to the Central Land Council (CLC) comprise the powers and functions detailed in ALRA (an extract appears below) and the responsibility as a Native Title Representative Body under the Native Title Act 1993.

• The role of the CLC is described in published documents including this corporate plan, its annual report, half-yearly report to the Minister.

• The Australian Government has not published a key priorities and objectives statement under section 34 of the PGPA.

• This corporate plan elaborates on the goals for function attainment, and details the strategies to ensure goal achievement.

POWERSSection 27 of ALRA provides a broad power that:

Subject to ALRA, a Land Council may do all things necessary or convenient to be done for or in connexion with the performance of its functions and may:

• Employ staff

• Obtain the advice and assistance of persons who are expert in any matter with which the Council is concerned (including assistance in connection with the administration of the affairs of the Council);

• Give lawful directions to Land Trusts holding land in its area concerning the performance of their functions; and

• Receive moneys due and owing to Land Trusts holding, or established to hold, land in its area and give a valid discharge for those moneys.

A Land Council may, on the request of an Aboriginal corporation that has received an amount of money from the Council under this Act, provide administrative or other assistance to the corporation.

Where a Land Council employs a person as a staff member, the terms and conditions of the person’s employment are such as are from time to time determined by the Land Council. Where a Land Council obtains the advice and assistance of a person the terms and conditions of the engagement of that person are such as are approved by the Land Council.

A Land Council shall not, without the approval of the Minister, enter into, or permit a Land Trust holding land in its area to enter into, a contract involving the payment or receipt of an amount exceeding $1,000,000, or, if a higher amount is prescribed, that higher amount. The Minister shall not give an approval with respect to entering into a contract relating to Aboriginal land unless the Minister is satisfied that the Land Council concerned has, in taking the action that has resulted in the proposed contract, complied with any duty imposed on it by subsection 23(3) (refer ‘Land Council functions for the requirements of section 23).

The Land Council has delegated certain powers to an Executive Committee and the ‘Director’ (Chief Executive Officer).


FUNCTIONSIn carrying out its functions, with respect to any Aboriginal land in its area, a Land Council must have regard to the interests of, and shall consult with, the traditional Aboriginal owners (if any) of the land and any other Aboriginals interested in the land and, in particular, shall not take any action, including, but not limited to, the giving of consent or the withholding of consent, in any matter in connexion with land held by a Land Trust, unless the Land Council is satisfied that:

• The traditional Aboriginal owners (if any) of that land understand the nature and purpose of the proposed action and, as a group, consent to it.

• Any Aboriginal community or group that may be affected by the proposed action has been consulted and has had adequate opportunity to express its view to the Land Council.

Section 23 of ALRA specifies the functions of a Land Council:

• To ascertain and express the wishes and the opinion of Aboriginals living in the area of the Land Council as to the management of Aboriginal land in that area and as to appropriate legislation concerning that land.

• To protect the interests of traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Land Council.

• To assist Aboriginals in the taking of measures likely to assist in the protection of sacred sites on land (whether or not Aboriginal land) in the area of the Land Council.

• To consult with traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Land Council with respect to any proposal relating to the use of that land.

• To negotiate with persons having estates or interests in that land with a view to the acquisition of those estates or interests by the Land Trust; and until those estates or interests have been so acquired, to negotiate with those persons with a view to the use by Aboriginals of the land in such manner as may be agreed between the Land Council and those persons (where the Land Council holds in escrow a deed of grant of land made to a Land Trust).

• To negotiate with persons desiring to obtain an estate or interest in land in the area of the Land Council (where the land is held by a Land Trust, on behalf of traditional Aboriginal owners (if any) of that land and of any other Aboriginals interested in the land, where the land is the subject of an application then on behalf of the traditional Aboriginal owners of that land or on behalf of any other Aboriginals interested in the land).

• To assist Aboriginals in the area of the Land Council to carry out commercial activities (including resource development, the provision of tourist facilities and agricultural activities), in any manner that will not cause the Land Council to incur financial liability or enable it to receive financial benefit.

• To assist Aboriginals claiming to have a traditional land claim to an area of land within the area of the Land Council in pursuing the claim, in particular, by arranging for legal assistance for them at the expense of the Land Council.

• To negotiate, and enter into (access) agreements.

• To represent a Land Trust in relation to negotiations to agree on an amount to be paid to the Land Trust in relation to that grant if a lease of land in the area of the Land Council is or has been granted under section 31 of the Northern Territory National Emergency Response Act 2007 by a Land Trust.

• To represent that relevant owner, if requested to do so, in relation to negotiations to agree on an amount to be paid to that relevant owner in relation to that grant if a lease of land in the area of the Land Council is or has been granted under the Northern Territory National Emergency Response Act 2007 by the relevant owner of the land.

• To represent the holder of the lease, if requested to do so, in relation to negotiations to agree on an amount to be paid to that holder in relation to that suspension if a lease of land in the area of the Land Council is or has been suspended under the Northern Territory National Emergency Response Act 2007.

• To compile and keep a register recording the names of the members of the Land Council and a register recording the names of the members of the Land Trusts holding, or established to hold, Aboriginal land in its area and descriptions of each area of such Aboriginal land.

• To supervise, and provide administrative or other assistance for, Land Trusts holding, or established to hold, Aboriginal land in its area.

• Such other functions as are prescribed by regulations.


• With the approval of the Minister, perform any functions that may be conferred on it by a law of the Northern Territory, including:

• the protection of sacred sites

• access to Aboriginal land

• schemes for the management of wildlife on Aboriginal land

• ALRA also imposes other requirements that impact on the role of the CLC. For example, section 35(4) requires that monies received in respect of Aboriginal land must be paid to or for the benefit of the Traditional Owners of the land within 6 months of receipt.

NATIVE TITLE REPRESENTATIVE BODY

The CLC is also a Native Title Representative Body (NTRB) under the Native Title Act (NTA) 1993. On 5 May 2016 the Minister for Indigenous Affairs by NTRB Instrument (F2016L00821) recognised the CLC as an NTRB until 30 June 2018 as he was satisfied that the CLC “satisfactorily performs its functions as a representative body and would be able to continue to perform those functions satisfactorily”. Based on past performance, and the effectiveness and efficiency of combining the NTRB functions with the CLC’s ALRA and other functions, it is reasonably anticipated that the Minister will extend recognition of the CLC as an NTRB for the period of this corporate plan.

The main objects of that Act are:

• To provide for the recognition and protection of Native Title.

• To establish ways in which future dealings affecting Native Title may proceed and to set standards for those dealings.

• To establish a mechanism for determining claims to Native Title.

• CLC’s Native Title functions as set out under Section 203B of the NTA are:

• Facilitation and Assistance

• Certification

• Dispute Resolution

• Agreement Making

• Internal review

These functions are funded by a separate budget appropriation from the Australian Government, currently administered by the Department of Prime Minister & Cabinet). Core ongoing activities of the Native Title work program include responding to Future Act* notifications and progressing native title claims. These are prioritised and articulated in an annual Operational Plan and balanced against availability of funds.


ACCOUNTABLE AUTHORITY (PGPA)

Public Governance, Performance and Accountability Rule 2014, Rule 7A, states that the Accountable Authority of the Central Land Council is the “The group of persons made up of:

(a) the Chair of the Land Council; and

(b) the Director of the Land Council

The ‘Director’ of the Central Land Council is the most senior manager appointed by the Council. The Chair is elected by the Council, generally for a 3-year term, in accordance with ALRA.

Council, Executive Committee and Chair/Deputy Chair elections were held in April 2016. The elected members will hold office until April 2019.

All Future Act applications for exploration licences within the Northern Territory include a statement from the NT Government that the grant attracts the “expedited procedures” as defined under S.32 of the NTA. In the event that native title holders have an objection to the ‘act’, CLC has just 4 months in which to file that objection.

New Native Title claims are discussed and initially prioritised (High/ Medium/ Low) at bi-annual planning sessions in August and February each year. Notwithstanding requests from claimant groups, final prioritisation and decisions are made having consideration for factors such as:

• Future Act* ‘drivers’ (importance of securing people’s rights to negotiate)

• Concerns for protection of sites

• Strength of available information (for anthropology reports)

• Success of Native Title/ALRA claims on abutting land

• Spread across CLC region (equity); and

• Available resources (funds and personnel)

*Future Acts are defined under S.233 of the NTA

PRIORITIESSection 23AA of ALRA specifies that the Land Council must:

• From time to time determine the priorities it will give to performing its functions.

• Allocate resources in the way it thinks fit so as to be able to perform its functions efficiently.

• Give priority to the protection of the interests of traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Council.

• This Corporate Plan addresses these requirements. The priorities of the CLC are explained by a planning arrangement that comprises:

• Strategic Goals

• Strategies designed to achieve the strategic goals

• A performance framework designed to measure the successful attainment of the progress of the strategies

• A monitoring system that periodically assesses progress of specific actions designed to achieve the strategies [Note: CLC management also develop annual ‘action’ plans for every strategy, and these actions are the basis for achievement of the priorities].


GOOD GOVERNANCEGood governance requires elements of structure, frameworks, regulations and policies as well as people and values. This corporate plan also addresses, and is part of, the key components of governance, including legislation, planning, organisational structure and a new performance framework aligned to organisational outputs and outcomes and its people.

A key consideration for any organisation, especially a Commonwealth corporate entity with an elected Council, is the division between the responsibilities of the elected and

administrative arms of the organisation. ALRA established the elected Council, the Council formed an elected Executive Committee, and the PGPA requires an Audit Committee to provide independent oversight. The Council has delegated operational responsibilities to the Director (CEO) who reports on activities to both the Executive Committee and the Council.

Appropriate induction and training is provided to the Executive Committee and Council to support best practice governance.


REMOTENESS AND ACCESS TO ‘COUNTRY’ The difficulties and challenges of meeting and consulting with Aboriginal peoples in the vastness and hostile climate of Central Australia should never be underestimated. This plan will refer to logistical and safety factors, as well as the aspirations and achievement of best practice consultation practices. But, we must also constantly acknowledge the need for consultation practices and processes to be culturally

appropriate in remote locations and communities, during the many smaller consultations for such other requirements as site clearance work.

Appropriate consultation, along with effective decision-making and informed consent, rely heavily on the achievement of the right process or forum which requires understanding, planning, time and persistence.

ECONOMIC DEVELOPMENTThe CLC aims to contribute to improving the lives and futures of its Aboriginal constituents through achieving sustainable change that reduces the level of Aboriginal disadvantage in Central Australia. The CLC’s approach to sustainable development is based on an integrated and strengths-based strategy of building economic, social and cultural capital. Significant work is being done under the various functions of the CLC in each of these related areas.

Economic development outcomes have historically been pursued through CLC’s advocacy for mining exploration and development on behalf of Traditional Owners, as well as the negotiation of other land use agreements on Aboriginal land such as national parks. Aboriginal training and employment opportunities flowing from these land use agreements have long been a core element of the CLC’s work to generate economic development. Increasingly training and employment opportunities are being generated through the application

of royalty, rent and affected area compensation payments to community benefit projects. Enterprise development is also being supported through the pastoral, tourism and community development work of the CLC, the latter of which is seeing Aboriginal money invested in a wide range of ventures.

In order to contribute to economic development in its region the CLC believes that social and cultural outcomes must also be concurrently achieved, including improving health and education, strengthening governance and maintaining Aboriginal language and culture. The CLC is active in pursuing these outcomes through the advocacy work, through encouraging the application of Aboriginal money to a broad range of education, health and cultural initiatives via its community development program, and in building Aboriginal governance capacity at different levels including in Aboriginal Corporations, the management of Ranger groups and at the Council/Executive Committee level.


Community Development The CLC’s Community Development (CD) Program has maintained a consistent allocation of over 60% of total available rent and lease payments to lasting community benefit purposes. This is a very significant achievement given that prior to the 2010-2015 period almost all rent and lease receipts were distributed to individuals. This outcome has been achieved in part through the strong leadership of the Council which for example in 2010 mandated that all rent, from the 16 national parks handed back to traditional owners under joint management arrangements, be applied to community benefit purpose projects determined by the relevant traditional owner group. Similarly, in 2012 the Council set clear parameters on the allocation of 5-year community lease money which resulted in over 66% directed via the CD Program to social, cultural and economic initiatives.

In addition to rent and lease payments administered directly out of the Land Use Trust Account the CLC has also been engaged by a growing number of Aboriginal Corporations

to act as their agent in applying royalty, affected area, exploration compensation and investment funds to lasting community benefit. With the CLC’s support each year the Granites Mine Affected Areas Aboriginal Corporation (GMAAAC) invests half of its income to ensure there are funds available for future development and the other half in projects prioritised and planned by each of the nine Tanami communities involved. There is likely to be, due to a substantial increase in mine output, a large increase in funds available for GMAAAC CD projects in future years. Discussions will be held with the GMAAAC directors in early 2016/17 to agree how to effectively resource this growing program. In an associated example, the Warlpiri Education and Training Trust each year sees over $1.5 million of gold mining royalties set aside by the Kurra Aboriginal Corporation for Warlpiri determined education and training initiatives. The Kurra Aboriginal Corporation has also directed several million dollars that would have otherwise been distributed to individuals to establish and operate dialysis units in two remote communities.


Elected Council April 2016

Francis Kelly (Chair) and Sammy Butcher (Deputy Chair)


P O L I C Y P R I O R I T I E S

CLC POLICY PRIORITIES FOR 2016-2020The Council undertook a policy priority review in April 2015 and confirmed the policy priority areas set out below. While Council understands the need to respond to policy issues and demands as they arise, they also want to assert and progress their own policy priorities and agenda. At the heart of this policy development is the concept of self-determination. Aboriginal peoples in central Australia want to articulate and progress their own aspirations, and devise their own solutions to complex issues. The CLC’s Policy Unit works with the Council and Executive Committee to understand and analyse the policy environment and develop their policy positions and solutions. These policy positions then guide the work of the Council and are the basis for negotiations with all levels of government, corporate Australia and non-government organisations. The CLC aims to ensure that the views of Aboriginal people in central Australia are central to policy debates and policy development on the matters that impact on their lives and families.


Policy StatementOver the last several decades, there has been mounting evidence for a strong causal link between governance and positive development outcomes. Research from the United Nations Development Program, the World Bank, the Harvard Project on American Indian Economic Development and the Australian Indigenous Community Governance (ICG) Project all concludes that having effective governance pays a ‘development dividend’; that is, it is a powerful predictor of success in economic and community development (Cornell & Kalt, 1995); (see for example Dodson & Smith, 2003; Jones, 2002; D.E Smith, 2005; United Nations Development Program (UNDP), n.d.; World Bank, 1994).

Government policies in the last decade have moved away from a policy of self-determination and have become increasingly interventionist, punitive and focused on individual responsibility rather than collective capacity. The cumulative impacts of recent policies of the NT and Australian Governments, most notably the NT Emergency Response (NTER) and the abolition of community councils through Shire reform, have resulted in a significant ‘governance vacuum’ in communities, decreasing the capacity for local decision making and control. This problem is exacerbated by excessive government demands on limited community capacities.

These external conditions place heavy demands on Aboriginal communities where there are limited human resource capacities, a multitude of advisory structures, but few active and resourced community governance mechanisms. One of the local consequences is that the workload of decision-making and accountability falls onto the shoulders of a few people who often become disillusioned, while the capacity for collective action is undermined by failures of government departmental coordination and communication.

Even so, disenfranchised Aboriginal community members in the NT and elsewhere across Australia continue to look for new ways to be directly engaged in shaping the futures of their communities. At the heart of this Aboriginal persistence is the desire for greater local control and recognition of theirown self-determined ways of governing the things that matter most to them.

The CLC recognises that there is an urgent need to support Aboriginal governance and capacity building as a critical foundation to sustainable development. This includes the intensive support required to enable corporations, family groups and individuals to implement economic or enterprise development initiatives in the challenging remote context.

The CLC has adopted a development approach as articulated, and reviewed and amended in 2016, by the CLC Community Development Framework 2009 and works to nurture, support and empower Aboriginal governance arrangements and decision-making.

Priority Areas:• Ensuring Aboriginal peoples in central Australia

understand the options and implications of constitutional recognition and calls for a treaty mechanism with a view to settling an agreed position

• Supporting initiatives that aim to build greater local and regional Aboriginal control and innovative governance arrangements

• Strengthening policy and advocacy work through participation in the Aboriginal Peak Organisations NT

• Promoting and demonstrating the need for a development approach rather than a ‘top down’ approach

• Strengthening the internal governance capacity of Council and Executive Committee

• Advocacy for improved approaches to addressing social issues (alcohol and substance abuse, racism, housing, employment and education levels, etc.)

GOVERNANCE AND CONTROL


PROTECTING THE LAND RIGHTS ACT AND ENABLING DEVELOPMENT

Policy StatementThe Aboriginal Land Rights (Northern Territory) Act 1976 (the ‘ALRA’) was the first attempt by an Australian Government to legally recognise an Aboriginal system of land ownership and put into law the concept of inalienable freehold title. It has enabled Aboriginal peoples in the Northern Territory to claim back land and underpinned the maintenance of law, language and culture. It is widely regarded as the high water mark of land rights legislation and demonstrates how underlying communal title can be preserved whilst also providing for transferable property rights.

From its commencement the ALRA was subject to opposition from successive Northern Territory governments and there have been numerous attempts to review and amend the legislation aimed at diminishing the rights of traditional owners. Historically there has been a poor correlation between stated government policy objectives in relation to land tenure reform in the Northern Territory and the measures devised in pursuit of them. Over the last decade, advocates of legislative reform of the ALRA, and those seeking to demonise ‘communal title’ have tended to:

• deliberately mischaracterise the efficacy of existing ALRA provisions;

• ignore the intended beneficiaries, the Aboriginal land owners, in devising tenure ‘solutions’;

• overemphasise the likely outcomes of major legislative reform;

• and, more recently;

• ignore the significant extent to which the formalisation of land tenure on Aboriginal communities in the Northern Territory, by means of leasing, is now well advanced.

Traditional owners have consented to almost two thousand leases in the CLC region since the commencement of the NTER in June 20071. This includes leases over community housing, NT Government infrastructure, Commonwealth government infrastructure, stores, arts centres, Regional Councils and NGO assets. Taken in conjunction with similar progress in the Northern Land Council (NLC) region there is likely to be more leases on Aboriginal land in the Northern Territory (NT) than in any other jurisdiction in Australia. These leases are voluntary, require traditional owners’ informed consent, have flexible and negotiated terms and conditions, are transferable and can be used to secure a mortgage.

With land tenure formalisation within most remote communities in central Australia almost complete, the CLC asserts there remain five major challenges to facilitating further development on Aboriginal land:

1. development of a consistent and sound tenure policy framework which addresses genuine areas of concern and is supported by Aboriginal landowners;

2. continued investment in the institutional infrastructure required to more efficiently administer land;

3. regularising and expanding the delivery of infrastructure;

4. ensuring that there is access to finance for economic development; and

5. supporting Aboriginal governance and capacity building to enable development in the NT.

Focusing solely on tenure and communal title, as the key barrier to economic development and individual home ownership, has distracted focus from the other critical factors requiring urgent attention. The most pressing and ubiquitous barriers to economic development and home ownership on remote communities in the Northern Territory continue to be neglected. These include major power, water and sewerage constraints and serious limitations on available serviced land. They also include the high cost of construction, the quality of infrastructure, low average incomes, the caution of mortgage lenders and a range of other market factors.

As we move forward into the fifth decade of land rights in the Northern Territory, it is critical that governments focus on how to facilitate thriving and sustainable Aboriginal communities in the Northern Territory and respond by devising effective tenure policy and reforms based on evidence rather than ideology. With the COAG indigenous land investigation now complete, the CLC will work with the Australian and NT Governments to progress relevant recommendations and ensure a more coordinated and strategic approach to tenure formalisation and indigenous land development.

The 2015 agreed package of amendments to the ALRA addressed some serious policy concerns of the CLC, particularly the delegation of functions provision. This was a welcome development, and demonstrates the ability of land councils and the Australian Government to or together to progress sensible and beneficial reform. This approach should now be taken in relation to reform of the ABA and the ABA Advisory Committee, and in relation to reform of the Part IV exploration and mining provisions of ALRA.

1 These figures include leases progressed to consent on ALRA and CLA land between June 2007 and June 2015 (on a lot by lot basis). It does not include leases that have been applied for but have not yet been processed, or leases refused or withdrawn.


Priority Areas:• Finalising agreed reform of Part IV exploration and

mining provisions of the ALRA.

• Promoting and further developing a model for leasing to an Aboriginal community corporation as an alternative to township leasing to the government.

• Participating in national policy debates and processes considering reform of Indigenous land tenure and administration arrangements.

• Actively participating in the biannual strategic forum bringing together all four land councils and the Australian and NT Governments to address strategic issues relating to land tenure and indigenous land development.

• Achieving greater efficiency and transparency of the ABA Advisory Committee processes.

• Progressing a CLC economic development strategy.


HOUSING

Policy StatementWhile the national mainstream housing sector has shifted to a diverse, community-based sector, Aboriginal housing in the NT has gone in the opposite direction. Aboriginal housing in the NT has been moved wholesale to government control. The current system of property and tenancy management throughout remote central Australia is failing. It is it is expensive, ineffective and wasteful, disengaged from communities and tenants, and working against local employment and local capacity building. The APONT Remote Housing Summit held in March 2015 gave voice to these community concerns and triggered a concerted advocacy campaign on the state of Aboriginal housing.

The objectives of the CLC in relation to housing in remote Aboriginal communities throughout our region are to:

• Address the social determinants of health including by reducing overcrowding and ensuring houses are well designed and maintained

• Support the development of an innovative housing sector combining Aboriginal control and specialist advice within a strong governance framework

• Ensure local control over housing decisions

• Increase local Aboriginal repairs and maintenance capacity so as to maximise local employment and improve response times

• Ensure remote housing tenancy management is culturally appropriate and fair

• Comply with national housing standards and benchmarks

• Access all possible Commonwealth & Territory subsidies

• Structure tenure arrangements to provide for innovation, diversity and choice while protecting the fundamental property rights of Aboriginal land owners

• Increase pride in and responsibility for homes

• Increase the options for affordable housing, including private home ownership, within a financially sustainable model

To achieve these objectives, the CLC believes that the principles of diversity, partnership, community building, sound management and accountability must be embraced and embedded in the social housing system. Further, the CLC is in favour of working with Government and financiers on improving options for private home ownership on Aboriginal land. Private home ownership should be available to those who can afford it and make an informed choice to pursue this option. The CLC asserts that private home ownership will not provide a panacea for overcrowding in the medium term, and government investment in community housing stock continues to be urgently required.

Recent NT Government announcements, including the possibility of developing a new Remote Aboriginal Housing Authority, make it clear that they are now prepared to overhaul the housing system. This is a significant opportunity and the CLC will be working to ensure Aboriginal people are front and centre of these reforms.

Priority Areas • Ensuring there is a coordinated and strategic approach

to tackling the remote housing crisis

• Highlighting the flaws with the current remote housing tenancy and management model under the NT regime

• Working with the NT Government and others with expertise to redesign and reform Aboriginal community housing arrangements in the NT


FUTURE OF SMALL COMMUNITIES AND OUTSTATIONS

Policy StatementSince the late 70s and 80s, and following the ALRA, many groups of Aboriginal people in central Australia sought to re-establish themselves on their traditional land. Known more formally, as ‘homelands movement’, this return to country was driven for many reasons including to maintain connection and cultural responsibilities for land, improve opportunities in health, and, to escape social issues and tensions of larger communities. Today, almost a quarter of Aboriginal people in central Australia live in small remote homelands and outstations.

Despite the strong interest of Aboriginal people to live remotely, recent governments have adopted policies that focus on prioritising larger communities over smaller ones. Smaller communities (even those with populations of 200) are seen as more challenging to service and govern centrally, despite evidence that socioeconomic, community harmony and health outcomes are better when people live in communities on their traditional land.

The CLC believes that alternative policy, funding and institutional arrangements are required to ensure a sustainable future for small communities (including outstations) in central Australia.

Five key principles underpin this work:

1. Land has significant cultural, social, health and environmental benefits for Aboriginal people;

2. Community residents should be engaged in policy development and should be assisted to develop long-term plans based on their aspirations and to build greater self-reliance;

3. The best outcomes will be achieved if residents are able to negotiate regarding service delivery priorities;

4. Funding formulas must be more equitable and the performance of service providers must be more transparent and accountable to the recipients of those services; and

5. The delivery of appropriate and affordable outstation housing is critical to the future of small communities.

Recent negotiations between the Australian and state and Territory governments regarding the payment of funds to support municipal services in remote communities has resulted in a transfer of future funding responsibility to the state and Territory level. The withdrawal of Commonwealth funds and responsibility for the future sustainability of remote communities represents an extreme threat to their continued existence.

Priority Areas• Influencing and monitoring the impact of the transfer

of responsibility for remote municipal outstation funding from the Australian Government to the NT Government

• Promoting the need and value of small communities and outstations, and service and funding arrangements that consider network and interconnection of communities rather than approach that ‘stratifies funding arrangements’

• Working to ensure the sustainability of small communities and outstations

• Monitoring the impact of reformed remote welfare arrangements (currently the Commonwealth Employment Community Development Program) and advocating for an alternative subsidised wage scheme to support and stimulate local enterprises and employment.

• Supporting service delivery arrangements that improve access and affordability for remote communities (e.g. communication services)


• Close the life-expectancy gap within a generation (by 2031) (Northern Territory Indigenous men had an average life expectancy of only 61.5 years in 2005–07 compared to a national average for all Australian men of 78.7 years).

• Halve the gap in mortality rates for Indigenous children under five by 2018 (The overall mortality rate for Indigenous children aged 0–4 years is three times the non-Indigenous rate in the Northern Territory).

• Ensure access to early childhood education for all Indigenous four years olds in remote communities by 2013 (non-Indigenous 20–24 year olds are over four times more likely to have completed year 12 or equivalent than Indigenous 20–24 year olds).

• Halve the gap in reading, writing and numeracy achievements for children by 2018 (Northern Territory has very low levels of literacy and numeracy among Indigenous students and the lowest school attendance rates).

• Halve the gap in employment outcomes between Indigenous and non-Indigenous Australians by 2018 (Without counting CDEP as employment, Indigenous people of working age are over two-and-a-half times less likely to be employed than non-Indigenous people of working age in the Northern Territory).

A ‘renewed’ new target was introduced in 2016, that 95% of all Indigenous four-year olds enrolled in early childhood education by 2025. In May 2014, COAG agreed to a new target to ‘close the gap’ in school attendance by the end of 2018. Also, the target is to halve the gap in Year 12 attainment by 2020.

In 2016 the Prime Minister reported that:

• Life expectancy - total Indigenous mortality rates have declined over the longer term, particularly from circulatory diseases (such as heart disease and stroke) but the target to close the gap is not on track based on data since the 2006 baseline.

• Child mortality - This target is on track. The 2014 Indigenous child mortality rate was within the range to meet the target by 2018.

• The latest data show mixed progress on the target to halve the gap in reading and numeracy for Indigenous students by 2018.

• In 2015, the (school) attendance rate for Aboriginal and Torres Strait Islander students was 83.7 per cent, little change from the rate in 2014 (83.5 per cent). Progress will need to accelerate for this target to be met.

• An increasing proportion of Aboriginal and Torres Strait Islander young people are completing Year 12, up from 45.4 per cent in 2008 to 58.5 per cent in 2012-13. This means the target to halve the gap in Year 12 attainment by 2020 is on track.

• The target to halve the gap in employment by 2018 is not on track

The CLC’s contribution is best described by its aim in supporting social, cultural and economic development for Aboriginal people in Central Australia to create better lives and futures through setting and achieving their own development objectives. ‘Closing the gap’ will be best achieved by an integrated, multi-faceted approach directed by Aboriginal people. By a self-directed multi-faceted approach we mean that Aboriginal people’s commitment to their cause will positively influence the outcomes, and that successes in one area will undoubtedly have positive outcomes in other areas, e.g. an employment achievement improves the family’s economic circumstances, a long term employment achievement improves the economics, provides a community role model that can generate desire and meaning for education with the consequence of a virtuous cycle of improvement against all targets.

Although the CLC’s activities can make a valuable contribution, it is unlikely that its impact can be distinguished from other Government initiatives and programs. Its successes are better evaluated against the performance framework targets it sets for itself.

From a practical perspective the CLC can contribute to target attainment by:

• Indigenous ‘leadership and management’ development program

• New community employment is vital to closing the disadvantage gap

• Expanding the ranger program to create immediate growth in employment opportunities

• Leveraging both the ranger and community development programs to encourage employment initiatives through enterprise development and project employment

AUSTRALIAN GOVERNMENT INDIGENOUS TARGETSThe Australian Government in 2008, in partnership with the States and Territories through COAG, established ‘Closing the GAP’ targets for Indigenous Australians. CLC’s expanding responsibilities, especially in the areas of Community Development, Aboriginal employment initiatives and Enterprise support and development, can contribute to the achievement of these targets in Central Australia. The targets to which the CLC ’s involvement and programs will make a difference are:


AN

NU

ALL

Y

Long Term Corporate Plan

Long/Medium Term Financial Plan

Medium Term Financial Plan

Annual Estimates (Budget)

Annual/Interim Reports

DOCUMENTS

Agree Goals, Strategies & Values

Establish Targets

Update Targets

Allocate Resources

Measure Performance

PROCESSES

Revise Plans & Resources

(Consider) Organisation Structure?

ANNUAL REPORTS

explain what HAS been achieved

CORPORATE PLAN

explains what WILL be achieved

PLANNING FRAMEWORKThis Corporate Plan has been developed to meet the requirements of the PGPA and determine the medium and long term priorities of the CLC, and form the basis for the allocation of resources in the achievement of its goals. The Diagram represents the CLC planning framework, indicating that:

• On a 3 yearly basis the CLC reviews its long term and medium objectives with newly elected Councils, taking into consideration the current operating environment. Broad targets are established applying its Performance Information Framework.

• The corporate plan is supported by a long term financial model, which enables various scenarios to be modelled to understand the impact on CLC finances of the strategic decisions it makes or the services demands made upon it.

• Simultaneously with the long term planning process the organisation structure (refer page 52) is reviewed and adjusted to take into consideration current demands.

• The next phase is to assign resources, through a medium term framework. The medium term framework is both a prudential tool to ensure that appropriate financial

discipline is maintained and a prioritisation tool that enables staging of expenditures where objectives cannot be resourced immediately. For example a commitment to asset management principles requires a steady and annual investment as the upgrade resources required are beyond any individual financial year budget.

• Appropriate monitoring and evaluation is achieved by regularly comparing results with the corporate plan, both during financial years and annually as part of the annual performance statement for the annual report.

• Where monitoring and evaluation identifies that there is a need for change the plan should be revised and resources being applied adjusted.

• Using mining and other agreements to maximise Aboriginal employment outcomes

• Encouraging community development project consideration regarding early childhood education

• Ongoing research into the impact of CLC operations and meetings on school attendance

• CLC meeting administration to actively discourage school-age child attendance during school terms


The following schematic illustrates the relationship between the key organisational activities, policies and performance monitoring stages that enable the CLC’s desired outcomes to be achieved:

ALR

A N

ATIV

E T

ITLE

PG

PA

Corporate Plan & Policy

Medium Term Budget

Annual Targets Annual and Monthly Targets

Interim and Monthly Targets

Performance Forecasts - Financial

Performance Metrics NON Financial

Long Term Financial Plan

Enterprise Agreement

Procurement Policy

Business Continuity Plan

Risk Management Plan

Section Plan

Section Plan

Annual Budget

Employment Policies

Business Systems Strategy

Action Planning & Status Activity Projections

Section Plan

Action Planning

Employee Performance Agreements

Employee Development


OU

TCO

ME

S &

OU

TPU

TS

Half-yearly Reporting Annual Reporting

Annual Performance Statement

Performance Appraisal

External & Performance Audit

Monthly Reporting


VA L U E D B E H AV I O U R

VALUED BEHAVIOUR

HONEST LEAD

LEARNLISTEN

LOYAL

PRIDE RECOGNITION RES

PECT

RIS

K

SUCCES

S The elected members and staff are all committed to demonstrating and supporting our organisational values in everything we do.

HONEST we value honesty, integrity and difference.

LEAD we aim high, extending ourselves and empowering others.

LEARN we collaborate and support each other to grow, learn and continuously improve.

LISTEN with interest to our colleagues, constituents and our community.

LOYAL we are loyal, dedicated and effective and take responsibility for what we do.

PRIDE we are proud of the CLC, each other, our constituents and our community.

RECOGNITION we recognise the aspirations of Central Australian Aboriginal people.

RESPECT we believe that everyone should be treated with dignity and respect.

RISK we understand, accept and manage risk.

SUCCESS we acknowledge success and celebrate our achievements.


C O R P O R AT E S T R AT E G Y

BACKGROUNDMany would contend that as an Australian Government corporate entity the subject of corporate strategy is mainly irrelevant, that the CLC should simply follow its statutory function. Therefore, words such as product diversification could be considered inappropriate when formulating the CLC’s future strategies. However, nothing could be further from the truth as experience especially since 2006 shows that the CLC has successfully pursued, by implication, alternative product strategies, especially diversification. Advocacy is still a core business but the CLC is increasingly seen by external agencies as a competent and professional vehicle for managing and supporting various additional service delivery activities to Aboriginal Central Australian peoples.

The obvious key ‘diversification’ activities since ALRA created Land Councils:

• Native Title legislation, resulting in CLC assuming responsibility supporting claimants, albeit still advocacy similar to its ALRA land claims role. Possible legislation changes and enhanced PBC support are examples of how the NTRB role will continue to evolve.

• Land Management, although initially considered a core function, is itself constantly diversifying especially as other Governments and agencies view the CLC as a body capable of receiving grant funds and achieving special project outcomes. Relationships with Parks, Tourism and employment creation initiatives are just a few examples of this diversification of service delivery (also refer ‘Land Management (Ranger Program)’ below).

• Community Development, increasingly supporting various forms of Aboriginal corporations and communities to collectively spend royalty and other forms of income and compensation on Community Development projects for the sustainable benefit of their communities and to build the capacity of Aboriginal people to manage their own affairs. Diverse projects such as recreation and early learning centres, swimming pools and dialysis projects demands that CLC either acquire or buy in the necessary skills to achieve successful outcomes.

• Administration support, providing support to Aboriginal Corporations receiving royalty and other forms of income and compensation to manage their affairs in accordance with ORIC requirements, including meeting secretarial, membership support, annual reporting, financial management and taxation returns. More complex support is also required when large corporations have significant investment and development aspirations for their communities, with the support requiring sophisticated corporate accounting, taxation and legal advice.

• Ranger Program (Land Management) is especially mentioned because of its substantial employee growth and impact across the organisation. At the end of 2015/16 there were 11 Ranger Groups, but with significant community demand for more groups to be created.

• Ranger program diversification - the Ranger program has been pursuing a strategy of maximising revenue earning opportunities, that are consistent with the program’s funding requirements and improves employment opportunities for rangers. This involves successfully tendering for contract opportunities that generates work opportunities consistent with the land management aspirations of the program.

• Employment and Training, through increasingly facilitating the placement of Aboriginal people from disadvantaged communities into employment and training opportunities arising from the performance of the CLC’s statutory functions. Inherent advantages that the CLC brings to such efforts include:

• Awareness and capacity to broker employment opportunities arising from mining and other commercial land use agreements negotiated under ALRA and NTA legislation.

• Established productive relationships with potential employers in resource-based industries able to offer training and employment in remote areas of the region.

• Collaborative land management arrangements and enterprise development partnerships facilitated by Land Management.

• Strong community networks and a region-wide familiarity with the aspirations and circumstances of the CLC constituency.


SERVICES DIVERSIFICATION RISKS AND CHALLENGESThe diversification of services demands consideration of a number of organisational tactics:

• Corporate growth – the growth in recruitment, the size of the ‘payroll’, purchasing and procurement activities all have a ‘stepped’ impact on corporate personnel that manage and administer these functions. The staffing complement can usually progressively improve productivity, but this has its limits. Eventually additional staffing is required, either by casual support to functions or additional longer term personnel. The Minister and department have generally proven unwilling to support corporate expenditure, but often willing to support front line services without corporate support.

• Specialist skills – some of the growth demands specialist skills related to property and project management, taxation and company financial expertise. Limited availability in remote Central Australia exacerbates the challenge. Consultants and contractors are frequently used to support the ‘in-house’ expertise, but often the question is asked as to whether the size of the growth and the cost of external specialists demands internalisation of certain functions.

• Facilities and accommodation limitations – similar to staff growth the demand for office and residential facilities also increases. Areas of remote growth frequently do not have the residential accommodation to support the growing demand, so CLC is increasingly the owner and lessor of residential accommodation to its remote staff. CLC constructed a new headquarters in Alice Springs just over 8 years ago, but the initial layout which envisaged some growth has already been

maximised requiring an architectural investigation to ascertain whether the additional personnel can be accommodated for future growth. Substantial growth in staffing for Community Development, medium term substantial increase in ‘leasing’ consultations, and the Ranger program, are particularly straining accommodation. The Tennant Creek office was refurbished in 2010 essentially to meet existing demand but with a minor allowance for growth. Both of these property construction projects demanded property project management and property construction specialist support. In mid-2016 the main Alice Springs office was substantially damaged, predominantly water damage by a severe storm, Repair work is likely to take approximately 3 months from insurance assessor approval, which will create some organisational challenges in 2016/17 to maintain service levels to constituents.

• A funding submission was approved by the Minister of Indigenous Affairs to secure for a badly needed upgrade to the Papunya regional office.

• Fostering Aboriginal leadership sophistication – increasingly Aboriginal Corporations’ leadership are aspiring to more complex activity to meet the needs of their membership, including funds investment, property management, employment generation and business ownership and operation. Although some of these demands will be met by external consultants and contractors very often the CLC is the first trusted contact to source advice on the direction that should be taken.

A consequence of the diversifying service delivery is that the CLC has experienced extraordinary growth since 2007, a challenging growth for any organisation, although there has been some degree of consolidation over the past 3 financial years due to funding constraints.

However, all the current signs are that this growth will continue:

• Community Development outcomes are increasingly being identified and advocated by CLC constituents and Council as the target for Aboriginal Corporation funds, and additional corporations and other funding sources are likely.

• The Australian Government’s ‘secure tenure’ policy is also increasing and changing the advocacy role, with property ‘leasing’ providing an additional ongoing compensation to Traditional Owners and communities

increasing both the corporation management support and community development demands on CLC.

• The Australian Government funding commitment to the Ranger Program is currently limited to 2018. CLC will likely continue to be viewed as a trusted vehicle for Australian and NT Governments to use to achieve its objectives, e.g. Aboriginal employment, parks management and tourism.


MANAGING THE GROWTHThe pressure to ‘achieve real outcomes in the bush’ means it is difficult to resist the demands for the growth in service delivery. At best, the Council, Executive Committee and Management’s role is to strive to ensure that adequate resources are available and that those who demand the growth in services make an adequate contribution to CLC costs such that the CLC’s financial condition is maintained at a conservative level required of an Australian Government Statutory Authority. The 2012/17 strategic plan achieved this by introducing for the first time a sophisticated long term financial model to forecast the personnel and operational demands brought about by services growth. This corporate plan continues the process, which becomes the basis for forecasting the forward estimates provided in this plan. Best endeavours and information from relevant Government Departments have been used to forecast the most likely service demand changes over a medium and long term, as well as modelling alternative scenarios. The scenarios are described in Modelling - Scenario planning (Page 81)

Director David Ross recognises Teresa McCarthy's scholarship achievement


CORPORATE PLAN 2015-16 EVALUATIONThe purpose of the evaluation was the foundation for the review of direction for this Corporate Plan.

A key premise of CLC Governance is that each newly elect Council should have a say, around the beginning of its term, in the strategic direction of the organisation. The review of the strategic plan was originally intended to occur after the election of a new Council in mid-2016. However, the PGPA requirements to undertake an annual review superseded this aim.

This evaluation was therefore undertaken to ascertain whether there was a necessity to substantially change ‘strategic direction’ at this time, or whether the existing strategic direction still applied.

As background, the 2017 Corporate Plan contains the strategic goals and the ‘strategies’ intended to deliver on those strategic goals. There were 93 ‘strategies’ listed in the plan. The ‘service delivery implementation planning’, i.e. the detailed actions and tasks scheduled to deliver on the strategies is known to the CLC as ‘action planning’. The actions plans contain 558 separate actions, which are assigned to individual managers and target dates set. Managers then periodically record a ‘status’ remark against each action to ascertain progress against the plan.

The review of the 2015-17 Corporate Plan included an update of the status of all actions. Not only was this to ascertain and record progress, but also to ascertain whether significant amendment to the strategic direction might be required. It was concluded from this review that generally the overall strategic direction was sound, and should be replicated in the 2016 Corporate Plan, except that it was decided to create a separate strategic goal to be known as ‘Good Governance’. This goal will add clarity, as in the strategic plan there were governance items that were not only included in the ‘corporate’ goal, but were also governance-like items listed in other goals, e.g. election management.

The action planning review can be summarised as follows:

New actions added 2016/17 38

Actions 95/100 % completed or ongoing by June 2016 211

Actions 75+ % completed by June 2016 28



Actions less than 20% completed or not progressed by 30 June 2016 221

The action planning review also allowed for the amendment of some actions where circumstances have changed, or the inclusive of new initiatives and requirements, e.g. PGPA requirements have now been included in the governance and compliance model (these requirements were expressed in terms of the CAC Act in 2012 when the strategic plan was first developed).

It is intended that a comprehensive evaluation of the CLC’s strategic direction be undertaken in early 2017, after a new Council and Executive Committee is elected for a 3 year term in accordance with ALRA.


V I S I O N & G O A L S

VISIONThat Central Australian Aboriginal peoples' society, country, rights, culture, economy and future are secured and flourishing.

GOALS

Good GovernanceMeet compliance requirements and constituent expectations of probity and accountability, and contribute to overall organisational performance

Aboriginal rights & interests protectionProtect and represent the rights and interests of Aboriginal peoples

Land ownership & interestsPursue and protect Aboriginal land ownership and interests

Culture & heritage protectionSupport Aboriginal peoples in the protection of land and culturally significant sites, and the maintenance of their culture heritage and languages.

Economic development & income managementMaximise benefits for Aboriginal peoples from 3rd party development proposals for innovative economic development initiatives and effective use of income.

Strong communities, outstations & regionsSupport Aboriginal peoples to develop strong communities, outstations, and regions

Sustainable land use & managementFacilitate and assist Aboriginal peoples to sustainably use and manage their land

Corporate managementAttain best practice corporate management

1

2

3

4

5

6

7

8


S T R AT E G I C D I R E C T I O NThe following sections comprise the high level strategic direction, comprising the strategies identified to ensure that the 8 strategic goals are achieved and the highest level of the performance information framework measures of the goals achievement. Management’s organisational planning has developed detailed ‘action’ plans for each of the strategies, but this level of detail is beyond the scope of this corporate plan document and is available in the CLC annual operational plan.

The following tables identify the strategic goal and the strategies that comprise each goal. Refer to the Performance Information Framework for a comprehensive list of all performance information identified during the planning phase, and an explanation of how the measures were selected.


1 G O O D G O V E R N A N C EMeet compliance requirements and constituent expectations of probity and accountability, and contribute to overall organisational performance

2 Long/medium term corporate planning/PGPA performance framework

4 Equitable representation

9 Council and Executive Committee governance management

5 Dispute management framework development & implementation

6 PGPA compliance

10 Enhance the governance capacity and expertise of the Council, Executive and Chair

11 Risk management strategy

7 Audit

12 Work Health & Safety strategy (factor of risk management)

8 Corporate compliance

3 Optimal organisation structure

1 Legislative change management

STRATEGIES:


2 A B O R I G I N A L R I G H T S & I N T E R E S T S P R O T E C T I O NProtect and represent the rights and interests of Aboriginal peoples

2 Implement Council’s proactive policy and advocacy agenda

4 Promote the recognition of Aboriginal peoples constitutional rights

5 Protect Aboriginal peoples interests under Commonwealth and Territory legislation and policy frameworks

6 Improve public awareness and understanding of CLC’s role and Aboriginal peoples issues

7 Enhance constituent participation in, and ownership of, the CLC

8 Ensure there is an equitable distribution of CLC resources and program activity across the CLC region

3 Use community-based research projects to inform policy and advocacy work

1 Advocate and contribute to improving land rights and native title statutory frameworks and government policy

STRATEGIES:


3 L A N D O W N E R S H I P & I N T E R E S T SPursue and protect Aboriginal land ownership and interests

2 Secure recognition of native title rights and interests through successful determinations and having a say on future development

4 Best practice for consultation and decision making by Traditional Aboriginal owners and native title holders

5 Effectively represent and enhance the interests of Traditional Owners in national parks and reserves under joint management and other arrangements

6 Negotiate leases, licences and other access arrangements to ensure the best outcomes for Traditional Owners and communities

7 Promote good governance for Aboriginal land owning and land management entities and arrangements e.g. IPAs

8 Assist Aboriginal landowners to monitor and control land access by 3rd parties

3 Prioritise areas of land for future acquisition and negotiate and pursue funding to make acquisitions

1 Finalise all land claims

STRATEGIES:

9 Uphold the statutory rights and interests of Aboriginal people on pastoral leases (refer also Goal 7, Strategy 5)

10 Assist Aboriginal people to obtain living areas on pastoral leases and pursue reform of applicable tenure


4 C U LT U R E & H E R I TA G E P R O T E C T I O NSupport Aboriginal peoples in the protection of land and culturally significant sites, and the maintenance of their culture heritage and languages

2 Actively investigate and pursue instances of damage to sacred sites and prosecution

4 Programmes for intergenerational transfer of cultural knowledge and knowledge of country

5 Promoting recognition of and respect for Aboriginal cultural values, heritage and languages

6 Maintain and adopt practices and procedures that minimise risks of disputation

7 Maintain high quality anthropological research procedures

8 Use agreements with 3rd parties to enhance Aboriginal involvement in land-based activities

3 Secure sacred site protection through advocacy and provision of certificates to 3rd parties

1 Empower local people by providing well-resourced and highly functional regional offices

STRATEGIES:

9 Identification and protection of Aboriginal material heritage, and pursue best practice procedures in cultural information storage, maintenance and repatriation

10 Recover and return sacred objects and other important cultural artefacts

11 Support the continued learning and use of Aboriginal languages by all appropriate means


5 E C O N O M I C D E V E L O P M E N T & I N C O M E M A N A G E M E N TMaximise benefits for Aboriginal peoples from 3rd party development proposals for innovative economic development initiatives and effective use of income

2 Building the capacity of less senior TOs to participate in land based decision making

4 Enhance the CLC’s regional approach and outreach

9 Support Aboriginal groups to manage income arising in a manner that maximises benefit and minimises harm

5 Develop staff capacity in relation to consultation, negotiation and dispute management

6 Effective and efficient processing of exploration and mining applications

10 Commodity information strategies developed

7 Effective and efficient processing of non-mining land use and development proposals

8 Ensure that contractual obligations from agreements are exercised efficiently and diligently

3 Effective planning and coordination for consultation processes and allocation of resources

1 Enhance the capacity of Traditional Owners to make fully informed decisions

STRATEGIES:


6 S T R O N G C O M M U N I T I E S , O U T S TAT I O N S & R E G I O N SSupport Aboriginal peoples to develop strong communities, outstations, and regions

2 Support good governance and active participation of Aboriginal people in all aspects of planning and implementing development projects

4 Progress a Regional development strategy including tourism and rural enterprises 5

Apply royalty proceeds from WETT to education & training projects for Warlpiri

6 GMAAAC affected area proceeds used for projects in the 9 affected communities

7 Uluru-Kata Tjuta National Park Rent proceeds used for projects for Anangu people

8 CLC region National Parks (16) rent proceeds used for projects prioritised by relevant TO groups

3 Support local community decision making/governance processes

1 Promote the utilisation of land use agreement funds for community development

STRATEGIES:

9 Kurra Aboriginal Corporation royalties used to support the Tanami Regional Dialysis Project

10 Community leasing income used for projects prioritised by members of participating communities

11 Publicity & promotion of CD successes to maximise funding opportunities, influencing Government & NGOs

12 Project management of approved major projects

13 Aboriginal Corporation to apply ‘old’ s35(1) ABA funds based on sustainable benefit


7 S U S TA I N A B L E L A N D U S E & M A N A G E M E N TFacilitate and assist Aboriginal peoples to sustainably use and manage their land

2 Support sustainable initiatives addressing Traditional Owner aspirations and other land management priorities

4 Represent Traditional Owner land use and management interests within jointly-managed national parks and reserves

9 Facilitate, Traditional Owner engagement in realistic climate adaptation initiatives and carbon-market opportunities

5 Represent Traditional Owner land use and management interests across pastoral lands of Central Australia (refer also Goal 3, Strategy 9)

6 Maintain a strong and sustainable Ranger Program with Livelihood and land management outcomes

7 Build and support opportunities for on-ground participation, employment and enterprise in sustainable land use and management e.g. pastoral, tourism, CNRM

8 Access resources/expertise to achieve Traditional Owner aspirations

3 Build Traditional Owner capacity for sustainable land use and management

1 Deliver integrated sub-regional land management services based on up-to-date information

STRATEGIES:


8 C O R P O R AT E M A N A G E M E N TAttain best practice corporate management

3 Electronic records management system development & compliance

4 Special library services facilitating effective/efficient access to information supporting CLC’s goals/operations

5 Aboriginalisation Employment Strategy

6 Employer of choice recruitment and retention strategy

8 Formalise gender policy

2 Business systems strategy (IT)

1 Long/medium term financial planning

STRATEGIES:

9 Rewards and recognition strategy (including EA)

10 Regular/timely reporting against organisational plans (strategic/operational)

11 Regional (remote location) services and management

12 Supply chain management strategy (procurement, payment, disposal)

13 Taxation/financial advice strategy

7 Asset Management Strategy including transport planning


ACTION PLANS BY STRATEGY

The Strategic Directions (Goals and Strategies) were presented from Page 31.Strategic Directions were developed at the high level. Each strategy is supported by a detailed action plan, including actions, timelines, accountabilities (who is responsible and accountable for implementation) and performance measures, developed for the ‘operational level’. This level of detail is beyond the scope of a corporate plan, but is produced as a separate management document to guide the implementation of the agreed strategies.

The operational action plans will be reviewed and amended on an annual basis in conjunction with the annual review of the corporate plan and to ensure that the organisational strategic directions are implemented.

EVEN IF YOU’RE ON THE RIGHT TRACK, YOU’LL GET RUN OVER IF YOU JUST SIT THERE.…WILL ROGERS


R A N G E R P R O G R A M S U B - G O A LINTRODUCTIONThe ranger program is a sub-goal of the land use and management goal being an integral part of the broader efforts made to support the cultural and natural resource management aspirations of traditional owners. However due to its employee size, complexity and significant corporate servicing requirements its own sub-goal was considered appropriate.

STRONG AND SUSTAINABLE RANGER PROGRAM WITH LIVELIHOOD AND LAND MANAGEMENT OUTCOMES

3 Consultative processes and governance structures to ensure Traditional Owner aspirations are reflected in the planning, implementing and reviewing of Ranger group work programs

5 Build capacity of rangers to competently and safely perform all ranger tasks through accredited training, work-place development and personal development support

6 Develop and implement a structured mentoring framework to address institutional and personal barriers to work readiness and effectiveness

7 Build ranger group sustainability through business planning and enterprise development in environmental service provision to national parks, resource industries, communities and landholders

8 Develop collaborative partnerships with resource centres, local government, employment and other service providers to underpin administrative and logistical support for existing and future Aboriginal community ranger groups

9 Develop organisational structural options to underpin long-term support for Aboriginal community ranger program development across the CLC region

4 Secure adequate resources and equipment to support the effective performance of established and emerging ranger groups and manage all assets in an efficient and accountable manner

1 Effective organisational support for all established and emerging ranger groups

STRATEGIES:

10 Monitor and evaluate the CLC ranger program against relevant performance, social, cultural and environmental criteria

11 Implement Ranger Program Development Strategy (2015)

2 Scope opportunities for development of additional ranger groups against viability criteria


R A N G E R P R O G R A M

RANGER PROGRAM STRATEGIC DEVELOPMENTThe Ranger Program is one of the highly visible and respected functions of the CLC. At the time of preparation of this plan there are 11 ranger groups hosted by the CLC, employing 78.6 staff (FTE) - refer page 50. These 11 groups are currently operating under Commonwealth Government and/or Indigenous Land Corporation funding agreements that expire in 2018 and the CLC is working to ensure that funding is continued beyond that time.

The Ranger Program provides unique ‘working on country’ employment and training opportunities for local Aboriginal people in natural and cultural resource management while supporting the aspirations of senior traditional owners for young family members to remain living in their community and assume responsibility for their country. Such initiatives:

• Are increasingly the basis for supporting traditional owners to sustainably manage and protect the cultural and natural values of their country.

• Frequently involve senior Traditional Owners in a mentoring role alongside young rangers and the intergenerational transfer of knowledge.

• Enjoy a high level of community support, participation and ownership.

• Provide a valuable youth-diversionary service for remote communities by building critical individual confidence and self-esteem.

• Build a wide range of skills for providing contract environmental management and other services to government and industry where available.

• Deliver considerable social, environmental, cultural and economic benefits to traditional land owners and their communities.

In addition to expanding the scope of the existing Ranger Program there is also scope to extend the reach of the program into new areas so that the corresponding benefits can be spread further. There is still consistent demand from traditional owners and CLC delegates to develop ranger groups in areas and communities where they do not currently exist that continues to outstrip available Commonwealth funding. The CLC acknowledges, that while continued Commonwealth funding is critical to the sustainability of the Ranger Program, new and innovative approaches to attract revenue from other sources is required in order to respond to demand for expansion and address land management issues.


This includes pursuing more fee-for-service work while balancing the interests of traditional owners and land management issues requiring attention.

In order to examine these and other strategic issues of Ranger Program delivery, growth and resilience the CLC engaged an independent consultant, Creating Communities Pty Ltd, in late 2013 to compile a Ranger Program Development Strategy. This document was completed in March 2015.

The key findings included: • The Ranger Program has developed to a point of maturity

where it now has a proven capacity to devise and implement a structured work program in the communities where it operates.

• The Ranger Program is able to attract, retain, develop skills and deploy a stable workforce to undertake natural and cultural resource management activities, with some ranger groups now having the capability for land-based fee-for-service contracts and other enterprises;

• The CLC is currently the most appropriate organisation to manage the Ranger Program in central Australia and has built strong foundations and motivation for ongoing participation by Aboriginal people;

• Partnerships and revenue diversification are required in order to be able to expand and sustain the program;

• Planning processes must be better integrated and linked to a robust monitoring and evaluation framework;

• Mechanisms for motivating and retaining Rangers are required, including contemporary and relevant training and mentoring support;

• Communication and advocacy must be strategically managed in order to create broader understanding support for the program.

The Strategy listed a number of recommendations for the CLC to pursue with regards to expansion but did not conduct an analysis as to how and where the program might expand to. Therefore to ensure the CLC responds in a strategic manner and new groups are given the best possible chance of success the CLC is currently conducting a detailed analysis of which areas/locations will have the most chance of succeeding. The CLC is using a range of criteria under the following themes to identify the priority locations for this investment:

• Social Factors – population demographics, presence of strong governance structures, value-adding linkages to community schools and other social programs e.g. youth-at-risk;

• Cultural and aspirational factors – demonstrated interest, clearly articulated aspirations;

• Economic Factors – access to land, presence of enterprise and fee-for-service opportunities;

• Bio-physical and bio-cultural factors – biodiversity values, presence of culturally significant sites;

• Potential development partners/collaborators – e.g. resource centres, local government, government and non-government interests.

This work is however, based on an initial assessment. Map 2 illustrates the potential coverage that the Ranger Program could have in terms of enhancing the existing ranger groups and the expansion into new areas. This map is a draft only and requires further consultation and analysis however the initial assessment identifies another potential 16 groups that would be worthwhile assessing further bringing the total to 27. The numbers assigned to each of the groups illustrated in the map are for identification purposes only.

Any expansion of the program would require a simultaneous increase in organisational capacity to co-ordinate the program, recognising the additional management and supervision complexities of a hybrid employment and training program with a high proportion of Aboriginal employees with limited education and employment experience. As part of the assessment process the CLC is also investigating the structural requirements to support such an expansion.


MAP 2. POTENTIAL RANGER GROUP OPPORTUNITIES


DISPUTE PREVENTION AND MANAGEMENTThe CLC has statutory functions under both the Land Rights Act (s.25) and the Native Title Act (s.203BF) to assist with the resolution of disputes that relate to land. Consulting with Aboriginal people, and ensuring there is informed consent about land use decisions is absolutely central to the operations of the CLC. The CLC makes every effort to ensure consultation processes accord with traditional decision-making, reduce the potential for family or group conflict, and ensure informed consent, that is, that Aboriginal people understand the nature and implications of their decisions. The CLC believes that supporting the capacity and commitment of Aboriginal people to prevent and manage their own disputes is fundamental to the achievement of Aboriginal self-determination. Dispute management processes are critical to building strong Aboriginal governance at all levels: regional, local and organisational. At the heart of good governance lies an effective decision-making process: if relevant and transparent decision-making processes are in place which work for the group many disputes may be alleviated or managed through these processes.

As the organisation grows and diversifies it is evident that the CLC requires a more systematic approach to ensuring that staff have the appropriate skills and expertise to facilitate these informed consent processes, with a particular emphasis on preventing, recognising and managing disputes. To this end, the CLC has finalised two important documents to ensure that our engagement processes are best practice, and to provide clarity regarding the CLC’s approach to dispute management. The CLC Effective Engagement Strategy 2015 and the Traditional Owner Dispute Management Framework 2015 are now finalised and being implemented, subject to available resources.


This plan assesses risk, capability and environment factors, over the 4 year life of the plan, in the following ways:

• The high level Environmental context is explained by a ‘SWOT’ analysis presented on page 48. The SWOT is addressed over the life of the plan by the identification of strategies within a strategic goal framework that ‘maximise’ the strengths of the CLC, ‘minimises’ the weaknesses, ‘takes advantage of opportunities’ and ‘avoids external threats’. This is translated into an organisational ‘action’ plan (refer pages 24 and 30) that identifies actions, assigns responsibility for, and designates timelines and responsibilities to be achieved progressively in accordance with the availability of resources.

• The Organisation Capability context is considered from the human resource/workforce planning (refer page 49), organisation structure (page 52), capital investment (page 57) and ICT capability perspectives. The 3 major resources affecting operations are staffing, vehicles and business systems. Workforce planning identifies the staff resources that are likely to be available until 2019/2020. Transport planning describes the strategy that will be progressively implemented over the next 3 financial years, and be maintained thereafter, to maximise fleet availability suitable for purpose, minimise safety risks and minimise transport costs. ICT capability is managed and monitored by a Business Systems Committee, which has prioritised 2 major projects being the implementation of a new document management system and a replacement financial management system over the next 2 financial years.

• Risk is clarified by explaining the CLC’s approach to maintaining an appropriate system of risk oversight (refer page 61). The Risk Management Plan that is described in the ‘Risk Oversight and Management Strategy’ section identifies a series of risk ‘actions’ that either reduce or maintain the level of each key business risks assessed in the Risk Profile. These actions are included in the corporate plan ‘action planning’, described under ‘Environmental’ context above, to guarantee implementation against the corporate plan timelines. The ‘Risk Assurance’ map/assessment (refer page 62) will be reviewed on an annual basis until 2019/2020 during the Accountable Authority review of the Risk Management Plan and independently appraised by the Audit Committee.

R I S K , C A PA B I L I T Y A N D E N V I R O N M E N T


ENVIRONMENT The ‘Environmental context’ in which the CLC has prepared this plan is presented as a SWOT analysis (Strengths, Weaknesses, Opportunities, Threats). The strengths are considered to be factors that are currently in full control of the entity, weaknesses are in partial control but the CLC is responding to, and opportunities/threats are external factors that CLC may or may not be able to respond.

Strategies were selected to minimise the risk and weakness and avoid the threats.

STRENGTHS (INTERNAL) OPPORTUNITIES (EXTERNAL)

Quality image – CLC respected and held in high regard Funding sources – ABA, IAS

Financial sustainability well managed Leasing - advocacy

Quality financial control and complianceCommunity development expansion opportunities (especially GMAAAC)

Alice Springs HQ high standard work environment Ranger Program expansion opportunities – employment

Property asset ownership Climate change – social premium

40 years of history and experience

Succession planning and Aboriginal leadership development

Strategic, corporate and financial planning

Performance framework development

Senior management experience

Staff passion and commitment

WEAKNESSES (INTERNAL) THREATS (EXTERNAL)

Staff co-ordination and communication Funding and economic threats

Regional operations strategy Legislative and policy change

Royalties and related tax issues Threats to viability of remote communities

Corporate management (Rewards, HR, WHS, Succession Planning)

Threats to continuity of Aboriginal law, language and culture

Planning and performance maturityLack of economic development/employment/training/opportunities for constituents

Funding structure organisational structure Inability to meet constituent expectations

Growth management Public perception of CLC

Major staff incident or constituent death risk Social change within constituent communities

Consultation and communication to constituents Lack of suitable/capable partner organisations

PERFORMANCEThe resources requirements are explained in the section on Financial Sustainability, which includes the forecasts for requirements over the term of this plan and scenario analysis of possible key changes. Refer page 72.

The measurement of the CLC’s performance, including the targets for 2016/17, is explained in the section on the Performance Framework. Refer page 63.


O R G A N I S AT I O N C A PA B I L I T Y

HUMAN RESOURCES/WORKFORCE PLANNINGThe key factors influencing organisation capability:

• Sufficient human resources to undertake the statutory functions under ALRA and Native Title legislation, as well as other grant funded services separately funded by Government

• Improvement in Aboriginal participation in CLC’s workforce and providing opportunities and capacity enhancement of Aboriginal managers

• An effective staff attraction and retention strategy to achieve and maintain high performance, recognising the challenges of residing in remote Central Australian conditions

• Keeping staff safe, especially those regularly confronted by working in remote areas with challenging climatic conditions.

Staff resources management involves:

• Budget establishment and approval including estimating the full remuneration cost

• Regularly monitoring and reporting of staffing levels, including Average Staff Level (ASL) reports to Government, annual and half-yearly reports to the Minister and Parliament, as well as forward estimates in the corporate plan.

Staff resources include:

• Full and part-time ongoing and term contracted staff

• Casual staff

CLC is contracted to Government, currently until June 2018, to provide a Ranger Program for employment and environment purposes. The full-time, part-time and casual rangers, excluding coordinators, mentors and other support staff, in 2015/16 were 79 full-time equivalent (FTE), which is over 33% of the total CLC staff and therefore represents a substantial part of the workforce planning. Therefore, for this Corporate Plan, the projects on have been separately detailed to provide a greater appreciation of the employment impact.

A review has also been undertaken of the calculation of FTE to improve forecasting accuracy. FTE is calculated based on the proportion each staff member is engaged during the financial year, and excludes any turnover vacancy.

FTE numbers by level2013-14 ACTUAL

2014-15 ESTIMATE

2015-16 ESTIMATE

2016-17 FORECAST

2017-18 FORECAST

2018-19 FORECAST

2019-20 FORECAST

ASO 1 6.0 6.0 10.6 12.0 13.0 13.0 13.0

ASO 2 52.4 46.7 46.7 47.0 48.0 48.0 48.0

ASO 3 13.7 10.7 13.0 12.0 11.0 11.0 11.0

ASO 4 32.0 25.3 27.9 32.0 32.0 32.0 32.0

ASO 5 30.0 18.8 17.6 18.0 18.0 18.0 18.0

ASO6 58.0 74.4 72.9 70.0 70.0 70.0 70.0

SOG C 24.9 26.0 24.8 26.0 26.0 26.0 26.0

SOG B 7.0 4.5 6.4 7.0 7.0 7.0 7.0

SOG A 10.0 15.0 13.8 10.0 10.0 10.0 10.0

SES 1 2.0 2.0 2.0 2.0 2.0 2.0 2.0

SES 2 1.0 1.0 1.0 1.0 1.0 1.0 1.0

Total 237.0 230.4 236.7 237.0 238.0 238.0 238.0


STAFF PROFILE

2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

FTE - ongoing 210.0 202.5 211.8 221.0 222.0 227.9

FTE - casual 17.2 16.6 13.5 16.0 11.6 8.8

FTE - Total 227.2 219.1 225.3 237.0 223.6 236.7

FTE - Ranger Program n/a n/a n/a n/a 71.4 78.6

Aboriginality 108.0 97.6 98.4 102.0 104.0 111.2

Gender - Male 124.0 114.8 120.0 123.0 123.0 123.5

Gender - Female 87.0 88.6 89.7 98.0 99.0 104.4

Casual - Gender Male 13.1 12.6 9.2 10.4 7.5 5.1

Casual - Gender Female 4.0 3.9 4.3 5.6 4.1 3.7

FTE numbers by ranger group2015-16 ACTUAL

2016-17 FORECAST

Tjuwanpa 6.4 6.4

Ltyentye Apurte 6.1 6.1

Kaltukatjara 3.4 3.4

Anangu 0.5 0.5

Mutitjulu 0.0 4.4

Anangu Luritjiku 4.0 4.0

Arltarpilta Inelye 3.4 3.4

Muru-Warinyi Ankkul 7.1 7.1

Anmatyerr 4.8 4.8

Northern Tanami 5.2 5.2

Munguru Munguru 4.6 4.6

Warlpiri 4.7 4.7

Ranger Program Support Officers 3.0 3.0

TOTAL RANGERS 53.2 57.6

Training & Mentoring 3.3 3.3

Coordinators 13.7 13.7

Technical/Administration 8.4 8.4

Total 78.6 83.0


Enterprise agreement (EA) making is deliberately discussed in this corporate plan due to the significant implications for employee recruitment and motivation, especially as employee costs constitute a significant proportion of the organisation’s resources. As at the time of preparation of this corporate plan the EA for the 3-year period from 2012 to 2015 has concluded, but continues until the next EA is negotiated and approved.

The Minister for Indigenous Affairs has required that independent Commonwealth Entities, such as the CLC, follow the Government’s EA policy intended to constrain salary increases and achieve productivity improvement at least equivalent to any proposed increases. The Australian Public Service Commissioner (APSC) has been tasked with monitoring the policy.

The Minister has been advised that CLC will endeavour to bargain an EA with its employees to constrain salary increases to within Government policy limits, and will achieve genuine productivity gains as offsets. It was acknowledged that land council staff are not employed under the Public Service Act 1999 and are not in receipt of all of the benefits available to such staff. Also the CLC is not an Australian Public Service agency as defined under that Act and, as an independent Commonwealth entity is not subject to Ministerial approval for its EA (as this is the responsibility of the employer of staff under the Aboriginal Land Rights Act (ALRA)).

CLC’s approach to EA bargaining:

• Maintain existing staffing – CLC has a shortfall between service delivery requirements, so any productivity improvements would be applied to improving service outcomes.

• Identify productivity improvements and costs savings to enable best salary increase allowed under the Government’s policy

• Streamline the proposed EA in line with government policy to enable Minister support for the salary increases.

In March 2016 the Director (Agency Head) certified to the APSC that a remuneration proposal, based on a salary increase of 2% per annum per year for 3 years was affordable and offset by sufficient productivity improvements. CLC earlier had a preliminary remuneration proposal accepted by the APSC under the 1.5% per annum, but this was withdrawn due to the change in Government policy. Subsequently the APSC approved a draft EA 2016-2019 for negotiation with staff. A vote was held in April 2016, but the proposal was rejected with 75% of staff voting against the proposal.

The Corporate Plan assumptions are that:

• The Government will maintain the EA policy without major amendment

• The reasons for the staff rejection will be ascertained, including considering the results of an anonymous staff survey

If required, alternative productivity improvements and an amended EA will be proposed that will obtain staff approval early in the 2016/17 financial year.

ENTERPRISE AGREEMENT

CLC has established an Aboriginal Employment and Career Development (AECD) Reference Group. The main purpose of the AECD Reference Group is to advise and assist the Director, General Managers and Manager Human Resources to ensure that the CLC complies with the AECD policy as set out in the CLC Enterprise Agreement. The role of the Reference Group is directed toward monitoring and assisting the achievement of the objectives by ensuring that Aboriginal people are provided opportunities to take leadership and policy direction control at all levels of the organisation, by seeking to:

• Increase over time the number of suitably experienced and qualified Aboriginal people employed by the CLC

• Maximise the representation of Aboriginal employees across the full range of positions and salary classification levels at the CLC

• Facilitate and promote Aboriginal career development within the CLC

• Promote awareness of Aboriginal cultures and an understanding of community values, amongst all CLC employees

• Implement the Aboriginal Employment Strategy and actively promote the CLC as an employer of choice.

Progress made includes:

• First phase of a 4 phase indigenous development program commenced

• Competency framework near completion

• Training & Development staff member appointed

• Increase both aboriginal numbers and aboriginal women employed


O R G A N I S AT I O N S T R U C T U R E

BACKGROUNDAny significant change in goals and strategies requires a structural review to ensure alignment. In addition, structural consideration is especially desirable given the spectacular growth of the CLC in recent years.

Any organisation’s structure is key component of the business strategy, constructed to ensure that the organisation design most effectively and efficiently delivers the desired outputs and outcomes.

CLC’s structure has a ‘representative’ aspect (Council, Executive Committee, Chair) directly or indirectly determined

by legislation and Council delegation, an operational aspect determined by authority delegated by the Council to the Director (the CLC’s Chief Executive Officer) and a PGPA requirement (the ‘Accountable Authority’). Any discussion here is only related to the ‘operational’ aspect as the representative and PGPA aspects are determined by Australian Government legislation.

The responsibilities of the Director include to:• Ensure the Land Council is structured and staffed to

best implement the policies and priorities of the Council and Executive.

• Maximise the capacity of Aboriginal people to direct and manage CLC activities at all levels of the organisation.

• A member of the Accountable Authority.

The CLC structure responds to ALRA and Native Title core businesses, and pursues activities emanating from other funding sources such as Community Development and the Ranger Program functions. ‘Hybridity’ is also in evidence related to the ‘regionalisation’ aspects of the organisation, e.g. the Tennant Creek regional office (TCRO) currently

operates similar to what would be normally described as a ‘matrix’ structure, with a local manager and technical specialists reporting to functional managers located in Alice Springs and TCRO manager reporting to the General Manager located in Alice Springs.

The organisation structure is also characterised as a ‘flat’ structure because there are a relatively large number of managers that reported directly to the Director (CEO) for an organisation of its size, but an even larger number of managers who participate in the management ‘group’ for decision making.

Originally CLC has been progressively pursuing the revitalisation of its structure in an incremental manner since 2012, generally as described in the 2012/17 Strategic Plan. The key changes that have occurred:

• Implementation of the Accountable Authority in accordance with the PGPA (the Chair and Director)

• Establishment of a second General Manager role (General Manager-Legal)

• Transfer of the Managers, Anthropology, Mining and Native Title to the responsibility of the General Manager-Legal

• Review of the structure of the Audit Committee, to be responsible to the Accountable Authority

Outstanding is the appointment of a 3rd (Aboriginal) senior manager planned to be implemented after the Minister approves the funding.

CHANGES BETWEEN 2012 AND 2017


• Executive Management

• Policy

• Communications

• Council & Executive Liaison

CENTRAL LAND COUNCIL90 members from 75 communities and outstations

EXECUTIVE COMMITTEE11 members

AUDIT COMMITTEE

ACCOUNTABLE AUTHORITY (PGPA)

CHAIR DIRECTOR

GENERAL MANAGER

GENERAL MANAGER - LEGAL

• Financial Management

• Human Resources

• Library & Records

• Computer Services

• Aboriginal Associations Management Centre - royalty associations

• Technical Services

• Tennant Creek Regional Office

• Land Claims

• Agreements

• Legal Advice

LEGAL

• Native Title applications

• Land use agreements

NATIVE TITLE

• Traditional ownership identification (TOID)

• Land Claims

• Work area clearances

ANTHROPOLOGY

• Community development framework & governance

• Community planning & project management

• Monitoring & evaluation

COMMUNITY DEVELOPMENT

• Exploration applications

• Mining agreements & employment

MINING

• Community Liaison

• Regional office support

REGIONAL SERVICES

• Regional land management

• Community ranger program

• Joint management

• Enterprise development

• Employment

• Tourism

LAND MANAGEMENT

O R G A N I S AT I O N S T R U C T U R E

DIRECTORATE


PROPOSED ORGANISATION STRUCTUREThis section refers to that part of the organisation that serves the elected Council and its Executive Committee.

The Council delegates operational matters under ALRA, e.g. staff employment, expenditure authorisation, to the ‘Director’ as defined in the PGPA, who is also a member of the Accountable Authority (PGPA). It is the Director’s responsibility to arrange the staff in a manner that best achieves the Council’s planned outcomes.

In the 2012-17 Strategic Plan it was recognised that a periodic review of the structure, especially to take account of exceptional organisational growth over the past decade was warranted. It was especially appreciated that there was a need to develop the future Aboriginal leaders of the organisation. It was also recognised that the ‘flat’ structure (a large number of functional managers reporting to the Director) would be difficult to sustain in the future as the existing Director (with over 30 years’ CLC experience) considers retirement. The objective is to move to a less flat structure with additional Aboriginal senior management.

A proposed organisation structure includes the transfer of the Ranger Program to a separate manager. Consideration will also be given to the progressive development of the Ranger Program as an autonomous section with corporate capability. However, this is may not occur within the period of the corporate plan.


AFFIRMATIVE SUCCESSION PLAN & DEVELOPMENTWherever possible the CLC has pursued the appointment of high calibre Aboriginal people to senior roles. The underlying strategy is that there will be a pool of candidates to meet the requirements of the succession plan. The Director has in excess of a total of 30 years of experience with the CLC, and continuously as Director since 1999. The affirmative (senior Aboriginal appointment) achievements thus far include:

• Manager TCRO - 2012

• Coordinator, Employment and Enterprise – 2014

• Manager, Native Title – 2015

• Senior Policy Officer – 2015

The CLC is pursuing an ‘assessment centre’ approach to newer and existing senior Aboriginal staff. This will involve expert consultants undertaking an analysis of each individual and identifying a tailored development path and coaches being engaged to implement the professional development requirements.


AUDIT COMMITTEEAn important aspect of the Governance structure is the contribution of the Audit Committee. Since 2011 the Audit Committee has comprised 3 independent members, including an independent chair, with the appropriate expertise and experience in Aboriginal affairs and financial management. Current members are appointed by The Accountable Authority. The Committee meets at least 3 times a year and is supported by the General Manager, Financial Controller and a senior risk and performance officer. The Committee operates in accordance with a charter in accordance with the better practice guideline issued by the Australian National Audit Office and customised to the scale of CLC operations.

The charter requires that the Committee periodically reviews the CLC’s governance arrangements or elements of the arrangements as determined by the Council and suggest improvements, where appropriate, to the Executive. For the purposes of this Corporate Plan it is considered that these arrangements are best practice and will be continued during the period of the plan.


C A P I TA L I N V E S T M E N T S T R AT E G Y

The key assets comprise a substantial fleet and operational property (mainly office accommodation). Total fixed assets are valued at approximately $31 million, comprising $25 million for ‘Land & Buildings’ and $6 million for ‘Plant, vehicles & equipment’. The main focus for this corporate plan, as it was for the previous plan, is the implementation transport planning strategy for the vehicle fleet and the ongoing upgrade of remote properties to an acceptable standard.

CAPITAL INVESTMENT PLANNING - TRANSPORT PLANNING & STRATEGYTransport planning is a fundamental aspect of CLC operations and a substantial capital and operational cost element. Therefore, this corporate plan devotes significant content to its transport planning and strategy. The main challenge is the distance required to be travelled to communicate and consult with constituents, as well as operational requirements such as periodic Council and Executive Committee meetings.

For example, a meeting at Kalkarindji in the north-west is in excess of 1,200 kilometres via the Stuart and Buchanan highways, or Docker River in the South-West is 676 kilometres using the Stuart and Lasseter highways. CLC’s area is approximately 750,000 square kilometres, of which approximately 417,000 square kilometres is Aboriginal freehold land. Climate and remoteness are additional challenges. In addition, many constituents may not have access to safe and reliable modern transport and public transport is usually non-existent.

The Council meeting requirement is to, for a variety of policy considerations, meet ‘on country’ in various locations throughout the CLC region (currently three times per year). A key feature of this is that it shares the burden of the distance travel, but also enables the Council to be viewed in all areas. A centralised location has been considered, but this tactic has a number of disadvantages including potential clashes with cultural activities and communities being disconnected from proceedings. Most Executive Committee meetings are held in Alice Springs, although on occasion they are synchronised to be held prior to a Council meeting at that location.

The existing transport strategy:Is generally described by a combination of the following tactics:

• Own and operate a fleet of robust 4WD vehicles, mainly capable of transporting constituents to meetings, but also in other configurations related to the particular work function, e.g. 4WD tray-tops.

• Own and operate a fleet of trailers, increasing the transport capacity, but also providing the basis for facilities to provide food to meetings.

• Own and operate a small fleet of 2WD vehicles for administrative purposes and the smaller amount of travel that only occurs on sealed roads.

• Own and operate miscellaneous other plant and equipment suitable for particular purposes. This has historically included various trucks, but the advent of programs such as the CLC Rangers has increased the variety of equipment owned which includes a grader, a large number of 4WD utility vehicles and off-road vehicles.

• Predominantly outsourced maintenance of vehicles and equipment, although a small number of in-house fleet staff provide vehicle assessment, basic mechanical support and coordinate timing of repairs and servicing.

• Locate some vehicles remotely, e.g. regional services officers are equipped with ‘troop’ carriers, but mainly the fleet is centralised in Alice Springs and to a lesser extent Tennant Creek, as most staff reside in these locations.

• Work health and safety ‘centric’ aimed to ensure that all staff work in safe conditions, albeit often in very inhospitable remote locations and extreme climates. All CLC vehicles includingTroop Carriers (‘Troopies’) are comprehensively equipped including compressors, first aid kits, dual spare tyres, long range fuel tanks, tool boxes, etc.


• An associated communications strategy using a combination of mobile telephone, satellite telephone, and an investment in Global Positioning System technologies to further enhance communications and tracking.

The associated fleet and equipment acquisition, maintenance and replacement strategy is based upon an optimisation of the least total cost over the life of the asset. In terms of most transport vehicles this requires vehicle replacement at the end of a 3-year period, which includes warranty, down-time and increasing maintenance cost as well as work, health and safety considerations. It has generally been found that ownership of the fleet beyond the optimal period results in an exponential increase in maintenance costs and down-time and increases risks to safety. For other items of plant and equipment the optimal replacement period is adjusted based on usage and maintenance experience.

Review of the strategy – transport planningThe CLC’s 2012-17 Strategic Plan recognised the need for a re-assessment of this strategy and included a transport planning and fleet management element to re-assess the strategy to ensure that it meets the CLC’s ever changing transportation requirements. A substantial part of the CLC’s operations and expenditure involves managing a large fleet, currently of mostly large 4WD vehicles. The strategic plan proposed that a transport planning study be undertaken to ascertain whether vehicle assets and operational policy were optimal. This was a long term project due to the complexities and change management requirements. The first step was to gain employee commitment to the study as it required employee cooperation and input to complete the study.

This was agreed with employees in the 2012-15 Enterprise Agreement (EA) process. The CLC’s 2012-15 EA stated that, “The CLC operates over a large area of the Northern Territory, and employees’ travel may extend across state borders. Accordingly, the large cost of moving employees, constituents, and equipment around these vast areas is high. During this agreement the CLC will, with employee participation, complete a transportation study with a view to implementing efficiencies that may result in cost savings to the organisation. Whilst the review seeks to improve efficiency and to lower costs, the service delivery of the organisation should not be compromised”.

An expert transport planning consultant was engaged and the study was completed over a period of approximately

15 months. The final report (2014) identified a significant opportunity to change the fleet mix which would ‘potentially’ result in financial savings and improvement in employee/passenger safety. This would mainly result from fleet pooling, use of lower cost and lower fuel usage from using a number medium sized 4wd vehicles and the disposal of some large 4WD (Toyota ‘Troopies’). However, this will require a substantial change in work practices that have been developed over decades and will require an all staff commitment (most staff are drivers to a greater and lesser degree, or engaged in fleet booking and management).

The aim is to have a progression of strategy implementation, subject to an annual review as a safeguard, including gaining staff commitment to implement strategy. The key fleet changes:

• Reduce large vehicle and large dual-cab fleet by 2018.

• Increase the number of medium size 4WD Alice Springs fleet progressively

• Increase the size of the ‘town’ car fleet at Alice Springs by 3 vehicles

The above proposed changes were further affected when, on the 1st of July 2015, the legislation changed regarding seatbelts and side-facing seats, as seen in Troopies. This amendment forced Toyota to make significant changes to the vehicle configuration.

In 2016-17 the transport strategy will move to the implementation and monitoring phase. This will include:

• Removing restrictions on some vehicles to allow staff greater access to the fleet, which is especially important when planning remote travel, where the selection of vehicle is based on the purpose of the travel rather than selection based on availability only.

• Working with the WHS Committee to discuss the changes to the vehicle types

• Creating greater access to training on new vehicles, including tyre changing workshops and vehicle inductions

• Slowly reducing the number of vehicles in the fleet over a 3-year period as per the Transport Study Recommendations

• Monitoring bookings and usage to ensure vehicles are at sufficient levels to meet the needs of the organisation


TRANSPORT PLANNING STUDY FINDINGS SUGGESTED IMPROVEMENTS

VEHICLE AND MEETING BOOKING

VEHICLES SAFETY ISSUES STAFF ISSUES CONSTITUENTS BOOKING SAFETY

Lack of overall booking co-ordination

Load capacity Overloading potential

Safety policy vs work load expectations

Frail aged and disabled

More pool, fewer restricted vehicles, priority booking system

Risk evaluation for each trip on unsealed road

Greater vehicle sharing potential

Limited intermediate 4WD sized vehicles

Side seating uncomfortable and ‘arguably’ unsafe

Driving staff are underutilised

Self-transport not always available

Review booking system functionality

Ongoing retrofitting of equipment boxes

Post-trip cleaning/fueling of vehicles issues

Occupant discomfort

Communication challenges

Regional Services Officers s need more support

Child transport policy disenfranchises women

Review vehicle ‘calendar’ access and accuracy

Reduce seating to prevent overloading

Long driving hours and night driving

Constituents have high expectations of CLC

Load vehicles to lower the centre of gravity

Sometimes unreliable at pick up appointments

Make more use of NAVMAN (GPS tracking system) for monitoring trip duration

• Changing the vehicle check-in process to reduce downtime of vehicles and ensure WHS compliance

• Improving the fleet of trailers to support field work

• Reviewing the usage of the heavy vehicle fleet to minimise the downtime.

In 2016-17 a software developer will be engaged to help develop a new booking system, following a review of the booking system in early 2016 which identified the opportunities and constraints within the current booking system. The new booking system will aim improve efficiencies in the booking process by:

• Reducing time staff spend booking a vehicle

• Increasing vehicle usage

• Linking the booking process to the Travel Allowance system

• Making short trips easier to book, including town car bookings

• Improving the check-in/out process.

Way forwardEmployee commitment to implementation of the Transportation Strategy, that has been endorsed by management. Productivity improvements are expected to be achieved from pool fleet management, a fleet mix that meets the tasks and associated improvements such as work, health and safety improvements (progressive phasing out of rear side-facing passenger seats), introduction of electronic

fuel cards now becoming more available in Central Australia, efficient maintenance and cleaning and reduced travel time. Additional costs will be incurred in fleet ‘pool’ management, but more than offset by productivity of other staff

Fuel savings also result in carbon emission savings, estimated at 260 tonnes over 3 years.


ICT CAPABILITY

Protective security arrangements – document management (EDRMS)As a Commonwealth entity, the CLC is required to create and keep full and accurate records of business decisions, transactions and activities in a form that ensures the reliability and accessibility of those records for as long as they are required. To this end, it must comply with various legislative instruments, including the Archives Act 1983. In addition the proposed Protective Security Policy General Policy Order to be implemented, includes requirements for minimum standards of safeguarding of information, as well as safeguarding information of Australian national heritage and cultural interests. Land Councils hold a substantial and growing collection of Aboriginal cultural information that is essential to preserve. Failure to meet these modern management requirements is a deficiency in the management of a key risk and non-compliance with the proposed GPO. The GPO is, at the time of this Corporate Plan’s preparation, still under consideration.

CLC’s current ‘core’ records management system is paper based, combined with digital information stored in network drives structure on a section/unit basis.

The Minister has approved funding for the implementation of an Electronic Document and Records Management system (EDRMS). The implementation of this system will be a key project for the next few years. Siller Systems have been engaged to provide expertise to support the selection, acquisition and implementation of a modern EDRMS. The project commenced during 2015/16 and will be completed in 2016/17.

ICT philosophyCLC currently applies a ‘best-of-breed’ (BoB) philosophy by the acquisition of specific purpose software to meet its needs. However, invariably financial constraints have meant that the software solution actually acquired are sometimes acknowledged as being ‘mediocre’ rather than ‘best’. A preliminary investigation was undertaken during 2015/16 to ascertain whether an integrated solution would be a more effective and cost- efficient strategy. However, it was concluded that BoB was the most effective and cost-efficient, culminating in the decision to acquire a BoB EDRMS solution (HP Records Manager) and the Microsoft Dynamix financial system in 2016/17.

Due to the regional remote location of the CLC opportunities for collaboration, co-investment and/or shared services are limited. Data speeds are currently a major impediment. National Broadband Network may offer some opportunity in the future, but it is likely regional offices will be constrained by the satellite-based solution.

Financial management system The existing 'Sunsystems' operates on an outdated operating system. Funding has been approved by the Minister to replace the system, which will occur during 2016/17.


R I S K O V E R S I G H T A N D M A N A G E M E N T S T R AT E G Y

Section 16 of the PGPA requires the Accountable Authority of a Commonwealth entity to establish and maintain an appropriate system of risk oversight and management. This should include a regularly updated risk management plan.

The second annual review of the risk management plan (that was completed and approved in December 2013) was completed in December 2015 in accordance with better practice requirements, including an update of the risk action plan aligned to the 2016/17 Corporate Plan.

The important elements of the risk management plan are the development of the risk profile, which includes the identification of the key risks of the organisation, and the actions developed to ameliorate the risks. These actions are linked to the corporate plan’s action planning to guarantee implementation. A summary of the risks and ratings are presented in an assurance map which is independently reviewed by the Audit Committee. The other essential operational features are the requirements to undertake and document a formal risk assessment when new risks periodically arise, and the review of the CLC’s risk appetite when there are changes in senior managers and key staff.

CLC also engages with Comcover’s annual best practice benchmarking as a basis for continuous improvement in risk management.

CLC’s compliance and reporting obligations are ensured by maintenance of registers and checklists.

The key management risk activities to be pursued during the period of this corporate plan are:

• Annual update of the Risk Management Plan, including review of the risk profile and risk action planning

• Finalisation of a formal Business Continuity Plan (draft template prepared with the assistance of Price Waterhouse Coopers during 2015/16)

• Participation in Comcover annual benchmarking.


BUSINESS RISKS FROM RISK MANAGEMENT PLAN (RISK PROFILE)

SOURCE AND LEVEL OF ASSURANCE PROVIDED (1) OVERALL

ASSESSMENT OF LEVEL OF ASSURANCE

IS LEVEL OF ASSURANCE ADEQUATE?

Residual Risk rating

Control Effectiveness

rating

Target Risk

ratingYes/No (4)

Failure to attract and retain appropriately qualified staff High Satisfactory Medium Moderate Yes

Failure to effectively manage staff Medium Marginal Medium Moderate Yes

Personal injury and/or damage to property arising from abusive behaviour

High Marginal Medium Moderate Yes

Personal injury and/or damage to property arising from remote travel and operations

Catastrophic Marginal Medium Moderate Yes

Personal injury and/or damage to property arising from use and storage of dangerous goods and equipment at multiple sites

High Unsatisfactory Medium Moderate Yes

Disruption to operations from external events High Unsatisfactory High Moderate Yes

Failure of information technology and data management systems

Low Satisfactory Low High Yes

Failure to maintain adequate infrastructure to support operations

Medium Satisfactory Medium High Yes

Theft / misuse / damage to buildings and property Medium Satisfactory Medium Moderate Yes

External pressure to expand scope of operations beyond core capacity and capability

High Marginal High Moderate Yes

Failure to effectively engage with constituents High Marginal High Moderate Yes

Failure to meet expectations of constituents / maintain positive relationship

High Marginal High Moderate Yes

Government policy / priorities do not align with CLC strategic objectives

High Satisfactory High High Yes

Failure to comply with legislative and regulatory obligations

Low Satisfactory Low High Yes

Failure to effectively manage conflicts of interest Medium Satisfactory Medium Moderate Yes

Organisational structure, governance framework and operations incompatible with obligations and strategic objectives of CLC


Failure to achieve efficient and effective use of resources


Failure to comply with financial management accountability obligations (ATO, PGPA Act, ORIC, FMOs, TPB)


Fraud / misappropriation of funds and assets Medium Satisfactory Low High Yes

Ineffective administration of administered funds: CATSI/AAMC organisations

High Marginal Medium Moderate Yes

Insufficient funding to support operations Medium Satisfactory Medium High Yes

Contagion risk Low Satisfactory Low High Yes

(1) In identifying the source of an entity’s assurance activities, it is important to recognise that the activities of the ANAO do not form part of an entity’s control framework

(2) The level of assurance obtained will depend on the adequacy of management controls in place to manage particular business risks. The overall assessment of controls can range from management judgement to being supported by more formal arrangements, such as control self-assessments, or internal audits.

(3) The term ‘work area’ is used by the ANAO to describe a major organisational part. This has been replaced with the CLC’s various risk ratings.

(4) Where the level of assurance is considered to be inadequate, it is expected that the Audit Committee will take action designed to increase the level of assurance to an acceptable level, including providing advice to the Accountable Authority.

Level of entity assurance and advice provided on the entity business risks—high, moderate, low. The level of assurance provided will depend on the extent to which the controls in place and other arrangements address the business risk.


P E R F O R M A N C E F R A M E W O R K – M E A S U R I N G A N D A S S E S S I N G P E R F O R M A N C ECLC is faced with competing demands for measuring and reporting performance. Its preference is a performance structure whereby achievements are reported against the strategic goals in this Corporate Plan.

However, Land Councils in the NT have an obligation to ABA funding and Native Title Representative Body requirements including to report against an Outcomes and Outputs framework. The ABA outcome is broad enough to remain relevant, but growth and expansion in CLC activities and

functions over the years has meant that the outputs are no longer entirely relevant to CLC operations, and it has been recognised for some time that these require review. This corporate plan proposes amendments for the basis of consultation with the Minister, as did the 2012-17 Strategic Plan and the 2015/16 Corporate Plan.

However, regardless of the performance structure the CLC will achieve the dichotomy by providing the Minister with financial outcomes classified in accordance with the ABA outcome structure.


iv. Sub-programmes

TYPE

iii

iiiiv

STRATEGIC (CLC GOALS)

CLC STRUCTURE

iii

iiiiv

iii

iiiiv

iii

iiiiv

iii

iiiiv

iii

iiiiv

iii

iiiiv

i. Departments/Units

ii. Sections

iii. Programmes7

1. Good Governance

2. Protect/represent rights

3. Land ownership/interests

4. Culture & heritage protection

5. Best practice development

6. Strong communities & outstations

7. Sustainable land use

8. Best practice Corporate managementi

iiiii

iv

a. Fin

ancial

c. Qualit

y

d. Risk

e. Innova

tion

f. Tech

nology

b. Pro

ductivit

y

The Performance Dimensions

The main aim of the CLC Performance Information Framework (PIF) is to ensure alignment between the CLC’s strategic goals and performance monitoring and evaluation. A concurrent aim is to achieve alignment between organisational performance evaluation and staff performance appraisal.

PIF applied a categorisation procedure known as the ‘Performance Dimensions’ to development and select the key performance measures to be used to monitor success. The Performance Dimensions (as represented in diagram below) is intended to resolve the following challenges:

• Ensure that the CLC’s goals are represented in the selected performance measures.

• Recognise that performance management is devolved throughout the organisation structure, with key measures being considered by management, Council and Executive Committee, but supporting measures being managed within the organisation’s manager and staff structure.

• Ensures that the performance measures do not overly focus on one or few types, which is a weakness of performance measure selection systems that do not

include a categorisation approach.


The ‘practical’ application of the Performance Dimensions involved:

• Identified all existing measures being applied in annual and other performance reports.

• Categorised all known measures into the dimension database.

• Examined all proposed actions in the strategy action plans and identifying appropriate measures for each key action.

• Categorising all new proposed measures into the dimension database (diagram 3 is a PI database extract during the PI identification and selection process).

• Identifying goals that were ‘under’ measured or not measured and developing a performance measure that met the requirements.

• Assessing the quality of every measure identified using the SMART+ principles.

• Identifying goals that were ‘over’ measured, where multiple measures may have been focussed on the same goal, and selecting a preferred measure.

One of the key aims of the PIF project was to categorise, summarise and assess performance indicator proposals to ultimately select the highest level which would be reported to the Executive Committee, Council and the Minister.

This does not mean that other relevant indicators would be discarded, but rather it had been agreed that a selected number of measures would be a manageable level of key indicators, and the remainder would continue to be coordinated within the middle management of the CLC.

HOWEVER BEAUTIFUL THE STRATEGY, YOU SHOULD OCCASIONALLY LOOK AT THE RESULTS…Winston Churchill


P E R F O R M A N C E I N D I C AT O R /M E T R I C ‘ D A S H B O A R D S ’

During 2014/15 the CLC commenced a project for the development of a system of ‘dashboards’ to provide accessible, quality, integrity of information for decision-making. Further development occurred in 2016/17. These ‘dashboards’ are to be used for both corporate plan and reporting requirements, currently contain a proposal for 418 metrics and performance measures to comprehensively measure CLC performance. The key aims of the project were to:

• Research best practice MS Excel performance indicator scorecards and reporting solutions

• Use MS Excel as a commonly understood to hold CLC metric data and reporting

• Agree the dashboard ‘groups’, containing multiple related ‘metrics’, to be produced

• Automate data entry to the dashboards wherever possible, e.g. from existing data-base of data

• Develop a standard format for charts and tables for use in planning and reporting, e.g. corporate plan and annual report

• Produce a centralised performance metric repository

The dashboards that have been developed and the number of indicators/metrics contained in each dashboard, are:

GROUP DASHBOARD

1 Good Governance Number of KPIs

DG900 Council & Executive 5

2 Aboriginal rights & interests protection Number of KPIs

DG1 Policy & Research 11

DG2 Media/Communications 7

3 Land ownership & interests Number of KPIs

DG20 Native Title activity 9

DG21 Native Title future acts 21

DG22 Native Title exploration/mining matters 12

DG23 Lease and agreements 8

DG24 Traditional owner support 7

DG25 Community consultation meetings 5

DG26 Land claims 1

DG27 Permits 8

4 Culture & heritage protection Number of KPIs

DG30 AAMC functions 4

DG31 Cultural & heritage policy 2

DG32 Sacred Site 1

DG33 Anthropological advice 27

DG34 Funeral & ceremony 6

continued next page...


GROUP DASHBOARD

5 Economic development & income management Number of KPIs

DG42 Exploration Titles 12

DG45 Economic development - Other 7

DG46 Employment promotion 24

DG47 AAMC performance 8

DG48 AAMC/ORIC 8

6 Strong communities, outstations & regions Number of KPIs

DG50 Community Development project expenditure 16

DG51 Community Development revenue 27

7 Sustainable land use & management Number of KPIs

DG60 Land use policy and strategies* 8

DG61 Land use management* 5

8 Corporate management Number of KPIs

DG700 Human Resources policy 8

DG701 Human Resources metrics 6

DG702 Work Health & Safety metrics 7

DG703 Time-in-lieu 2

DG704 Flexitime 2

DG705 Human Resources - employee profile 2

DG706 Staff development & training metrics 7

DG707 Travel days/allowance analysis17 sections with

metrics each

DG720 Corporate* 7

DG721 Financial management* 5

DG740 Facilities & Fleet 1

DG750 Computer services 8

DG751 Mapping metrics 1

Information services 4

9 CLC Ranger program Number of KPIs

DG82 Ranger Staff Management 7

DG83 Ranger Fire Management 4

DG84 Feral animals 3

DG85 Ranger training 17

DG86 Ranger TIL 1

DG87 Ranger Flex 1

10 Statistics Number of KPIs

DG90 Transport 4

DG91 Weather 24

DG92 Geography 2

DG93 Land information 2

DG94 Environment 27

NOTE * = under development


The following graphic is an example of the performance measurement dashboards that have been developed. This dashboard provides a comprehensive analysis of the environmental impact of CLC’s operations in terms of the CLC’s reporting obligations under the Environment Protection and Biodiversity Act 1999. CLC has been focused on reducing its operation CO2 emissions by the progressive installation of solar power and efficient energy management. The transportation strategy also has vehicle fuel reduction as fuel usage accounts for over 60% of CO2 emissions.


P E R F O R M A N C E S TAT E M E N T ( P R OJ E C T E D TA R G E T S 2 0 1 6 / 1 7 )

The following tables provide the previous performance results (past 6 years) and projected targets for the 2016/17 financial year. There are 3 tables presented:

1. Metric performance measures –categorised according to the CLC’s strategic goals

2. Environment measures – compulsory environmental reporting requirements

3. Non-metric performance measures – key activities and policy initiative targeted completion.

The explanation of the performance measure (what will be measured) is a combination of the sub-category and each measurement’s description. The 2016/17 target year delineates when the measurement will occur. The method that will be used to measure performance will be comparing the actual achieved measure with the target measure. This will be reported in the half-yearly and annual report (annual performance statement) to the Minister and the Council.

PERFORMANCE MEASURES

DESCRIPTION PREVIOUS PERFORMANCE RESULTS TARGET FORECASTS 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20

Good Governance Council meetings 3 3 4 4 3 3 4 4 4

Executive Committee meetings held 7 9 11 9 9 9 9 9 9

Aboriginal Rights & Interests Protection Publications Produced (e.g. Land Rights News, Council News, CD News, Ranger program newsletters, CD community newsletters)

10 7 11 20 27 20 20 20 20

CLC Web Page Access Rate (visits) 22,547 70,202 92,440 121,312 135,840 150,000 160,000 170,000 180,000

Land Ownership & InterestsNative Title claim finalised - consent determination handed down

2 2 4 1 2 4 3 3 3

Mining - future act meetings - NT holder identification field trips

6 15 27 24 24 24 26 26 26

Native Title non-mining Indigenous Land Use Agreements (ILUA) - negotiated and registered

- 1 3 2 1 2 3 3 3

Native Title - Mining agreements - - - - - 2 - - -

Native title meetings and consultations - Post Determination

20 16 15 24 30 30 25 25 25

Leasing - consents obtained - all - 613 365 333 88 88 38 38 38

Leasing - current leases and licences - CLAs - all - - - 1,733 2,021 2,109 2,159 2,209 2,259

Anthropological advice issued 338 444 370 421 428 437 400 400 400

Land claims finalised - 3 - 2 - 1 1

Total Permits Issued - access to the Aboriginal land 3,755 3,779 3,997 4,194 4,952 5,200 5,400 5,500 5,600

Ranger program - rangers employed FTE n/a n/a n/a n/a 70.1 75 75 75 75

Ranger program - Turnover (Annual/Trend) % n/a n/a n/a n/a 30% 28% 27% 26% 26%

Ranger program - Fire management burns 19 10 - 14 16 15 15 15 15

Ranger program - training - certificates awarded n/a 10 11 28 16 16 16 16 16

Culture & Heritage Protection Total funerals assisted 215 214 266 237 256 285 250 250 250

Cultural heritage management plans/projects completed, progressed or supported

5 12 10 7 8 10 9 9 9

Sacred Site Clearance Certificates (SSCC) / Other Advice Issued

118 107 137 145 180 180 136 136 136

Ceremonial activity - regional payments - ABA s64(4) funded ($)

41,657 88,846 91,528 81,385 79,184 90,000 90,000 90,000 90,000

Funeral payments - ABA s64(4) funded ($) 231,567 207,026 239,780 249,923 270,254 260,000 260,000 260,000 260,000


PERFORMANCE MEASURES

DESCRIPTION PREVIOUS PERFORMANCE RESULTS TARGET FORECASTS 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20

Economic Development & Income ManagementExploration (mining) titles applications - completed (includes those withdrawn during negotiating period)

88 81 67 62 119 100 100 100 100

Exploration agreements (ELs & EPs) 54 63 70 70 68 73 69 69 69

Mining agreements 10 11 14 11 11 11 10 10 10

Employment placements (mining, exploration, road construction, rail line maintenance, remote employment services, pastoral industry)

35 8 56 39 58 40 53 53 53

AAMC meetings held - AGMS 29 29 29 30 31 31 31 31 31

ORIC general reports lodged 29 29 29 31 31 32 32 32 32

Strong Communities, Outstations & Regions Community Development expenditure - 5 year lease money ($000)

- 56 3,774 3,240 3,500 3,000 1,500 1,500 -

GMAAAC - annual CD expenditure ($000) 2,048 1,828 802 654 421 1,500 2,000 2,500 3,000

Community development project expenditure ($000) 4,621 4,266 7,709 9,135 8,524 9,000 9,500 10,000 10,500

Corporate ManagementVehicles n/a n/a 107 104 98 95 88 83 80

CLC - total region size (square kms) 776,549 776,549 776,549 776,549 776,549 776,549 776,549 776,549 776,549

Traditional owner ''ownership" (square kms.) 407,985 414,539 414,539 417,448 417,448 422,278 425,000 427,500 430,000

Renewable energy - Electricity produced (kWh) 17,003 17,610 34,833 56,634 60,000 65,000 65,000 65,000 65,000

Renewable energy - Co2 savings (tonnes) 11.70 12.20 24.03 39.08 45.00 48.00 48.00 48.00 48.00

Staff Turnover (Terminations/Average Staff) (%) - Ranger program

34 18 28 23 20 19 18 17 16

Staff Turnover (Terminations/Average Staff) (%) - Other 17 13 19 15 14 14 13 12 11

Lost Days 49 88 80 136 70 65 60 60 60

New study agreements n/a 4 9 11 10 9 10 10 10

Health & safety representatives n/a 9 9 5 5 5 5 5 5

Information systems - User roles supported 182 189 195 210 210 210 200 200 200

Maps produced 569 731 657 671 623 670 657 657 657

Records - new files added (paper) 10,197 6,151 5,119 2,756 1,487 1,000 100 100 100

Total Working Days in field 404.1 447.9 480.2 518.6 592.9 604.9 617.0 629.3 641.9


NOTE: Community development employment - Aboriginal employment opportunities include ongoing employment related to a service created by a sub-project such as a salary for a play group worker, employment preference for sub-project construction or sub-project implementation assistance.

Almost all Aboriginal employment opportunities created by sub-projects funded under the CD Program involve a training component. In all cases it includes on-the-job training,

with contractors increasingly being selected based on their track-record in effective Aboriginal staff management and mentoring. In many cases there is also a formal training component. This ranges from the attainment of a General Construction Induction Card to Certificates in construction and children’s services.

Groups of like measures, e.g. all those that relate to Land Management (employment), are being included in ‘dashboards’ that are being developed to evaluate and monitor achievement. To illustrate, below is an example of the Land Management & Employment ‘dashboard’ portraying the level of land management and employment services being provided by the organisational unit:


PREVIOUS PERFORMANCE RESULTS TARGET

GOAL/STRATEGY

PERFORMANCE MEASURE NAME/DESCRIPTION (1)

2011/12 2012/13 2013/14 2014/15 2015/16 2016/172017/18

- 2019/20

NON-METRIC PERFORMANCE

Strategic Goal: Good governance

Council elections held every 3 years (due 2016 and 2019)

Performance reporting to Minister - annual and half-yearly

Legislative compliance framework - CAC/PGPA compliance certificate

Ongoing unmodified CLC annual audited financial statements (annual)

Governance program participation post-elections

Strategic Goal: Aboriginal rights & interests protection

Annual policy priority review

Community based research framework

Equitable economic distribution resource submission

Economic resource distribution mapping

Strategic Goal: Land ownership & interests

Rights and interests on pastoral leases effectively protected and supported

Strategic Goal: Culture & heritage protection

Sacred site quality procedure developed

Repatriation procedures developed

Language interpreter policy completed

Strategic Goal: Economic development & income management

Dispute management and facilitation training

Strategic Goal: Strong communities, outstations & regions

Annual review of Community Development project outcomes and governance

Community satisfaction survey

TO decision-making capacity review

Strategic Goal: Corporate management

Organisation structure review and implementation

Aboriginalisation strategy implementation

PGPA Performance Information Framework fully implemented by 2016

CLC external funding guidelines review, completed by June 2017 (incl. cost recovery framework)

EDRMS implementation commenced and completed

Records Management Policy review (in association with EDRMS)

Performance plan developed for succession planning

Medium term financial framework/annual budget update

Facilities development plan & periodic review

Gender report

Enterprise Agreement (EA) 2015/18 by 2015, EA 2018/21 by 2018

Professional development 'curriculum' established and implemented

Staff satisfaction survey/index

= year completed


CLC financial sustainability, as it is for many government entities, means generating revenue that is sufficient to support the CLC’s activities as a going concern, and is able to maintain and replace its assets as they are consumed. CLC must also effectively fund statutory consultation and advocacy functions.

A core source of CLC revenue is the Aboriginals Benefit Account (ABA) both for operational and special project purposes. The ABA “is an account established under law to receive and distribute royalty equivalent monies generated from mining on Aboriginal land in the Northern Territory (NT). The money is used for the benefit of Aboriginal people living in the Northern Territory.

This includes payments for:

• Initiatives of benefit to Aboriginal people living in the Northern Territory (beneficial payments)

• Distribution to traditional land owners (Royalty Associations) who are affected by mining operations on their land

• Support for the administration of the Northern Territory Land Councils

• Support for the acquisition and administration of land leases through the Office of Township Leasing

• Support for the administration of the ABA

The CLC’s core revenue is reliant upon funds available from the ABA, and the ABA is entirely dependent on the level of mining royalties on Aboriginal land in the NT (as that determines the amount of funds appropriated by the Australian Government to the ABA being equivalent to royalties) and any interest earned from the investment of surplus funds.

The Minister’s annual approval of a transfer from the ABA is based upon a salary calculation of existing positions and current salary rates. Funding is directly provided for long service leave entitlements, on the basis that the salary allocation will provide sufficient funds. However, this is a challenge if a staff member terminates employment with accrued long service leave, and for service delivery reasons (especially for senior positions where immediate replacement has to occur, e.g. CEO, CFO, Principal Legal Officer and other technical managers).

The Chief Financial Officer is assigned the responsibility to ensure financial sustainability. This is achieved in a combination of ways:

• Ensuring an annual budget is approved that ensures that expenditure does not exceed available resources.

• Regularly monitoring actual financial performance against the approved budget during the year, by producing internal monthly financial reports and half-yearly/annual financial statements.

• The Accountable Authority annually revises the instructions of expenditure authorisation to ensure that it meets the needs of the organisation, and authorisation levels are limited to the maximum amount necessary to achieve organisational purposes.

• Regularly monitoring the cash flow and working capital to ensure all obligations can be met as and when they fall due.

• Close monitoring of debts owed, both to the CLC and the Aboriginal Corporations it administers.

• The ongoing development and maintenance of a financial model, to understand the impact of economic and organisational change over the 4-year term of this corporate plan.

F I N A N C I A L S U S TA I N A B I L I T Y


CLC has modelled a 3-year medium term financial plan in support of its strategic goals. The plan has been prepared primarily to understand and manage the impact of growth on the organisation and to meet

the PGPA obligations. Some medium term scenarios for the length of this strategic plan have also been completed.

Why do we do a Medium Term Financial Plan?To assist in driving, at a strategic level, the key principles of better practice financial management:

• Planning for long term efficiency and sustainability.

• An outcomes orientation.

• Collaboration and partnership with stakeholders.

• Ongoing robust planning and design.

• Governance, accountability and transparency.

• Achieving value with public money.

• Understanding the risks and constraints of its operating environment.

CLC seeks to ensure that:

• Surplus/Deficit achieve an underlying ‘balanced’ result across funding sources, except where savings made and returned to funding providers. This is subject to annual fluctuations in the timing of outgoings, but is intended to ensure that CLC is a going concern by not spending beyond its means.

• Land Use Trust administration CLC is party to a variety of agreements, and amounts are often held on trust before instructions are received to be distributed, invested or applied to community purpose projects.

• Capital Assets under management incur the lowest total cost of fleet (refer page on Transport Planning) and are otherwise managed in line with an asset management approach.

• Salaries & operating costs. Funds support the employment of quality long term staffing and purchase arrangements across Central Australia through modern practice procurement policies, adapted to the challenges of remote Central Australia, and Enterprise Agreements to achieve value with public and constituents money.

The following tables are the budgeted/forecast Statements of Comprehensive Income, Balance Sheet (Financial Position) and Cash Flow. The Comprehensive Income Statement is prepared on an accrual basis. The forecasts indicate that, taking into consideration asset depreciation, that it is a reasonable expectation that the CLC will continue to achieve a ‘balanced’ result over the forecast period. Further that productivity improvements will minimise the draw on the ABA.

M E D I U M T E R M F I N A N C I A L M A N A G E M E N T : S U P P O R T I N G T H E S T R AT E G I C D I R E C T I O N


AUDITED OUTCOME BUDGET FORWARD ESTIMATES

Amounts exclude Ranger Expansion Program 2015/16 2016/17 2017/18 2018/19 2019/20

$ $ $ $ $

EXPENSES

Salaries 19,669,276 20,062,660 20,463,910 20,873,190 21,290,650

Superannuation (defined contribution plans) 2,353,184 2,400,250 2,448,260 2,497,230 2,547,170

Leave and other entitlements 368,684 376,060 383,580 391,250 399,080

Other employee benefits 550,638 561,650 572,880 584,340 596,030

Employees and council members benefits 22,941,782 23,400,620 23,868,630 24,346,010 24,832,930

Audit & Accounting Fees 214,408 215,480 216,560 217,640 218,730

Consultants and Contractors 530,289 532,940 535,600 538,280 540,970

Travel & meeting & accommodation expenses 3,152,472 3,168,234 3,184,076 3,199,996 3,215,996

Motor vehicle savings (transport strategy) - (71,100) (116,650) (226,700) (226,500)

Accommodation & Utilities (incl. R&M) 1,855,770 1,865,050 1,874,380 1,883,750 1,893,170

Other operating expenses 2,811,776 2,825,830 2,839,960 2,854,160 2,868,430

Grant expenses (excl.RANGER Program Expansion)

5,135,500 5,161,180 5,186,990 5,212,920 5,238,980

Operating lease rentals (minimum lease payments) - external parties

156,944 157,730 158,520 159,310 160,110

Workers Compensation & Professional Indemnity Insurance premium

554,408 565,500 576,810 588,350 600,120

Supplier expenses 14,411,567 14,420,844 14,456,246 14,427,706 14,510,006

Depreciation and amortisation:

Buildings 653,177 670,500 682,250 690,583 698,916

Motor vehicles 1,178,140 1,207,027 1,222,629 1,240,660 1,253,891

Plant and equipment 225,143 232,509 239,176 245,843 252,510

IT Equipment 220,362 229,502 234,358 237,691 241,024

Total depreciation 2,276,822 2,339,538 2,378,413 2,414,777 2,446,341

Write-down and impairment of assets (net) 44,199 - - - -

TOTAL EXPENSES 39,674,370 40,161,002 40,703,289 41,188,493 41,789,277

LESS:

OWN-SOURCE INCOME

Own-source Revenue

Sale of goods and rendering of services 2,901,342 2,915,850 2,930,430 2,945,080 2,959,810

Interest from cash & short-term deposits 380,704 287,375 300,307 315,322 332,350

Rental Income 28,383 25,375 25,502 25,629 25,758

Community project grants (contra - refer grant expenses)

4,789,038 5,161,180 5,186,990 5,212,920 5,238,980

Total Own-source Revenue 8,099,467 8,389,780 8,443,229 8,498,952 8,556,897

Forecast statement of comprehensive income



Amounts exclude Ranger Expansion Program 2015/16 2016/17 2017/18 2018/19 2019/20

$ $ $ $ $

Gains

Gains from sale of assets:

(Motor Vehicles, plant and equipment)

Proceeds from sale (new Transport Strategy) - 204,000 270,400 430,600 183,600

Proceeds from sale 451,012 464,542 480,801 500,033 525,035

Carrying value of assets sold (303,645) (312,754) (323,701) (336,649) (353,481)

Net gain from sale of assets 147,367 355,788 427,501 593,985 355,154

Total Own-source Income 8,246,834 8,745,568 8,870,729 9,092,936 8,912,051

Net cost of services 31,427,536 31,415,434 31,832,559 32,095,557 32,877,226

Revenue from government

- RANGER Program - no expansion - - - - -

- From Government - ABA s.64(1) 17,474,035 17,718,671 17,966,733 18,218,267 18,473,323

- From Government - Special Purpose Contracts

13,894,167 13,696,763 13,830,451 13,841,738 14,368,174

- From Government - Special Purpose Contracts (revenue received in advance unspent at year end)

- - - - -

Total revenue from Government 31,368,202 31,415,434 31,797,184 32,060,005 32,841,496

Surplus / (Deficit) attributable to the Australian Govt

(59,334) - (35,375) (35,552) (35,729)

OTHER COMPREHENSIVE INCOME

Changes in asset revaluation reserves 1,613,334 - 35,375 35,552 35,729

TOTAL COMPREHENSIVE INCOME (LOSS) 1,554,000 - - - -

TOTAL COMPREHENSIVE INCOME / (LOSS) ATTRIBUTABLE TO THE AUSTRALIAN GOVERNMENT

1,554,000


Statement of Financial Position (Balance Sheet)

AUDITED OUTCOME BUDGET MEDIUM TERM FRAMEWORK

2015/16 2016/17 2017/18 2018/19 2019/20

$ $ $ $ $

ASSETS

Financial assets

Cash and cash equivalents 10,672,741 10,733,000 10,803,000 10,883,000 10,973,000

Trade and other receivables 962,201 1,540,856 1,548,560 1,556,303 1,564,085

Total financial assets 11,634,942 12,273,856 12,351,561 12,439,303 12,537,085

Non-financial Assets

Land and buildings 25,039,380 25,345,752 25,623,119 25,892,250 26,171,418

Infrastructure, plant and equipment 6,389,925 5,557,508 5,324,999 5,085,823 4,839,980

Inventories 45,900 13,342 13,409 13,476 13,543

Total non-financial assets 31,475,205 30,916,602 30,961,527 30,991,548 31,024,941

Total assets 43,110,147 43,190,458 43,313,087 43,430,852 43,562,026

LIABILITIES

Payables

Suppliers 1,504,123 1,505,091 1,508,786 1,505,807 1,514,397

Other Payables 525,858 525,858 528,487 531,130 533,785

Total payables 2,029,981 2,030,949 2,037,273 2,036,937 2,048,182

Provisions

Employee provisions 3,967,166 4,046,509 4,127,439 4,209,988 4,294,188

Total provisions 3,967,166 4,046,509 4,127,439 4,209,988 4,294,188

Total liabilities 5,997,147 6,077,458 6,164,712 6,246,925 6,342,370

NET ASSETS 37,113,000 37,113,000 37,148,375 37,183,926 37,219,656

EQUITY

Asset revaluation reserve 7,074,962 7,074,962 7,110,337 7,145,888 7,181,618

Retained surplus 30,038,038 30,038,038 30,038,038 30,038,038 30,038,038

TOTAL EQUITY 37,113,000 37,113,000 37,148,375 37,183,926 37,219,656


Statement of Cash flows


2015/16 2016/17 2017/18 2018/19 2019/20

$ $ $ $ $

Cash received

Sales of goods and rendering of services 8,278,625 7,927,030 8,117,420 8,158,000 8,198,790

Receipts from Government 33,418,032 31,415,434 31,797,184 32,060,005 32,841,496

Rental income 28,383 25,375 25,502 25,629 25,758

Net GST received/(paid) to ATO (93,138) - - - -

Interest 379,452 287,375 300,307 315,322 332,350

Total cash received 42,011,354 39,655,214 40,240,413 40,558,957 41,398,394

Cash used

Employees 22,776,042 23,400,620 23,868,630 24,346,010 24,832,930

Suppliers 17,318,715 15,153,387 15,793,784 15,480,580 16,183,099

Total cash used 40,094,757 38,554,007 39,662,414 39,826,590 41,016,029

Net cash from operating activities 1,916,597 1,101,208 577,999 732,367 382,365

Investing activities

Cash received

Proceeds from sales of property, plant & equipment

451,012 668,542 751,201 930,633 708,635

Total cash received 451,012 668,542 751,201 930,633 708,635

Cash used

Purchase of property, plant & equipment 2,669,664 1,709,750 1,259,200 1,583,000 1,001,000

Total cash used 2,669,664 1,709,750 1,259,200 1,583,000 1,001,000

Net cash from investing activities (2,218,652) (1,041,208) (507,999) (652,367) (292,365)

Net increase/(decrease) in cash held (302,055) 60,000 70,000 80,000 90,000

Cash and cash equivalents at the beginning of the reporting period

10,975,055 10,673,000 10,733,000 10,803,000 10,883,000

Cash and cash equivalents at the end of the reporting period

10,673,000 10,733,000 10,803,000 10,883,000 10,973,000


EXPENDITURE – BY TYPE & OUTPUT GROUPCLC expenditure is mainly related to staffing costs. Approximately 58% of costs are directly related to salaries, representing CLC’s greatest strength and greatest area of dependency risk.

How does the CLC apply its resources? Expenditure is classified along business unit and output group criteria to

enable reporting against the Output/Outcomes framework. The Output/Outcomes framework is out-dated, and a review will seek to incorporate changes to s19 leasing environment, and significant Community Development and Ranger program successes.

BORROWINGSection 33 of the ALRA specifies that “with the approval of the finance minister, a land council may, in any one financial year, borrow from a bank approved by the finance minister for the purpose an amount not exceeding, or amounts not exceeding

in the aggregate, an amount equal to 10% of the total of the estimates of expenditure approved by the minister under section 34 in respect of that year”.

The CLC does not have any borrowing.

INCOME

Aboriginals Benefit Account (Commonwealth)As the ABA is the CLC’s core income source it is important to understand the trends.

The ABA provides funds to Land Councils for Administrative purposes under s.64(1) of ALRA. In 2015/16 the Minister has authorised a transfer of $17.474 million, compared to a total $16.106 million in 2015/16.

CLC’s income and expenditure is not only limited to ABA sources. This is further explained below. Especially note that sources of funds from other funding agreements, even

excluding the ‘once-off’ large land acquisition, exceeded funds from the ABA in recent years, in particular through support from PM&C grants and the Indigenous Land Corporation (ILC).

Although CLC is predominantly reliant on the ABA and other government funding, it receives support and cost recovers from many sources.


LAND USE TRUST ACCOUNT (LUTA)CLC maintains a Land Use Trust Account which receives monies on behalf individual Traditional Owners, associations and corporations of Aboriginal people in accordance with the Native Title Act and Section 35 of the ALR(NT) Act.

These monies are held in the LUTA and are disbursed in accordance with resolutions passed at Council or Executive committee meetings. These monies are not available for other purposes of the Land Council, and are not recognised as CLC

assets. However, management and distribution of these funds requires significant staff resources. In almost all instances, these funds are attributable to the community, individual or claim area related to a relevant land use agreement.

The majority of these receipts and payments are outside the control of CLC from an annual operational perspective, although significant resources are required to create, consult, administer and where applicable distribute the funds relating to these agreements.


2015/16 2016/17 2017/18 2018/19 2019/20

$ $ $ $ $

Opening balance 30,232,168 30,264,311 30,114,311 30,264,883 30,416,207

Add receipts

Subsection 64(3) statutory royalty equivalents

17,658,535 13,000,000 13,065,000 13,130,325 13,195,977

Section 42,43,44,46,48a & 48d negotiated monies

20,123,028 17,500,000 17,587,500 17,675,438 17,763,815

Section 15,16,19 & 20 rental and lease monies

8,095,773 7,500,000 7,537,500 7,575,188 7,613,063

Other monies 2,042,075 1,800,000 1,809,000 1,818,045 1,827,135

Total Receipts 47,919,411 39,800,000 39,999,000 40,198,995 40,399,990

Deduct payments

Section 35(2) statutory royalty equivalents

17,658,535 13,000,000 13,065,000 13,130,325 13,195,977

Section 35(3) negotiated payments 20,054,121 17,500,000 17,587,500 17,675,438 17,763,815

Section 35(4) rental and lease monies 7,450,353 6,500,000 6,532,500 6,565,163 6,597,988

Northern Territory - National Emergency Response Act 2007

1,490,005 1,750,000 1,758,750 1,767,544 1,776,381

Other payments 1,234,255 1,200,000 1,206,000 1,212,030 1,218,090

Total payments 47,887,269 39,950,000 40,149,750 40,350,499 40,552,251

Cash at bank and term deposits 30,264,311 30,114,311 30,264,883 30,416,207 30,568,288

Closing Balance 30,264,311 30,114,311 30,264,883 30,416,207 30,568,288

Land Use Trust Account (held on trust at call)

30,264,311 30,114,311 30,264,883 30,416,207 30,568,288


M O D E L L I N G – S C E N A R I O P L A N N I N G

Why do scenario planning and financial modelling? It achieves an understanding of the overall financial impact of key decisions and opportunities. The most significant opportunity that currently presents itself is an expansion of the Ranger program to improve employment prospects for Aboriginal persons in Central Australia (refer page 40)

It is recognised that the CLC is dependent on support from the Australian Government to be a going concern. CLC also acknowledges that its performance in line with constituent

and Government expectations is a key driver in ensuring its ongoing success. Recent years have seen additional growth, of which some components have been actively pursued by Traditional Owners and CLC (e.g. Community development and Ranger Programs), whilst others have been assigned by government or have arisen through CLC’s statutory role (e.g. s19 Leasing management). Two scenarios have been modelled to plan and account for possible future outcomes.

Scenario 1 (Baseline)Broadly in line with current expectations and assuming contracted Ranger and Community Development programs are continued at their current levels (refer to Forecast financial statements on the previous pages).

Scenario 2 (Expanded Ranger Program) Assumes an expanded Ranger Program to meet community demand and improve employment in remote areas.

As at the writing of this plan the CLC is funded to host 11 ranger groups across Central Australia, and is contracted to do this until June 2018. For the base financial model it is assumed that the program will at least continue for the life of this corporate plan, which is beyond the current contract of June 2018. Although the Minister has suggested that there is a preference for other Aboriginal entities to operate this program the Council is adamant that the program best belongs with their Land Council and that the capacity does not exist in central Australia for any other viable option.

As discussed on page 43 the CLC has been undertaking an in depth evaluation of the potential for a Ranger program expansion. This is in line with a consultant report, ‘Ranger Program Development Strategy’, that was funded by the ABA.

This scenario assumes that 150 additional rangers and support staff will be employed progressively over a period of 5 years from 2017/18. This additional employment could be achieved in a number of ways:

1. Progressive creation of additional ranger groups each year until the maximum employment target is achieved. This model assumes that training will be undertaken during the employment phase.

2. Larger numbers employed at the beginning of the program and received immediate training. Trained rangers then deployed in communities.

3. Improving fee for service revenue to limit the draw required on the IAS.

During 2014 and 2015 the CLC made application to the IAS and also the ABA for capital and operational funds to expand the program. The Minister indicated that the application has merit and a further modified application to the IAS was made during 2015 which was also unsuccessful. A further funding application will be made to the ABA in 2016/17.

The following summary budgeted/forecast Statement of Comprehensive Income would be the impact if the program was expanded progressively as proposed from 2017/18.


FORECAST STATEMENT OF COMPREHENSIVE INCOME


Amounts allow for Ranger Expansion Program 2015/16 2016/17 2017/18 2018/19 2019/20

$ $ $ $ $

EXPENSES

Wages & salaries 19,669,276 20,062,660 20,463,910 20,873,190 21,290,650

Superannuation (defined contribution plans) 2,353,184 2,400,250 2,448,260 2,497,230 2,547,170

Leave and other entitlements 368,684 376,060 383,580 391,250 399,080

Other employee benefits 550,638 561,650 572,880 584,340 596,030

Employees and council members benefits 22,941,782 23,400,620 23,868,630 24,346,010 24,832,930

Audit & Accounting Fees 214,408 215,480 216,560 217,640 218,730

Consultants and Contractors 530,289 532,940 535,600 538,280 540,970

Travel & meeting & accommodation expenses 3,152,472 3,168,234 3,184,076 3,199,996 3,215,996

Motor vehicle savings (transport strategy) - (71,100) (116,650) (226,700) (226,500)

Accommodation & Utilities (incl. R&M) 1,855,770 1,865,050 1,874,380 1,883,750 1,893,170

Other operating expenses 2,811,776 2,825,830 2,839,960 2,854,160 2,868,430

Grant expenses (incl.RANGER Program Expansion) 5,135,500 5,161,180 7,831,626 10,515,416 13,212,626

Operating lease rentals (minimum lease payments) - external parties

156,944 157,730 158,520 159,310 160,110

Workers Compensation & Professional Indemnity Insurance premium

554,408 565,500 576,810 588,350 600,120

Supplier expenses 14,411,567 14,420,844 17,100,882 19,730,202 22,483,652

Depreciation and amortisation:

Buildings 653,177 670,500 682,250 690,583 698,916

Motor vehicles 1,178,140 1,207,027 1,222,629 1,240,660 1,253,891

Plant and equipment 225,143 232,509 239,176 245,843 252,510

IT Equipment 220,362 229,502 234,358 237,691 241,024

Total depreciation 2,276,822 2,339,538 2,378,413 2,414,777 2,446,341

Write-down and impairment of assets (net) 44,199 - - - -

TOTAL EXPENSES 39,674,370 40,161,002 43,347,925 46,490,989 49,762,923

LESS: OWN-SOURCE INCOME

Own-source Revenue

Sale of goods and rendering of services 2,901,342 2,915,850 2,930,430 2,945,080 2,959,810

Interest from cash & short-term deposits 380,704 287,375 300,307 315,322 332,350

Rental Income 28,383 25,375 25,502 25,629 25,758

Community project grants (contra - refer grant expenses)

4,789,038 5,161,180 5,186,990 5,212,920 5,238,980

Total Own-source Revenue 8,099,467 8,389,780 8,443,229 8,498,952 8,556,897


FORECAST STATEMENT OF COMPREHENSIVE INCOME


Amounts allow for Ranger Expansion Program 2015/16 2016/17 2017/18 2018/19 2019/20

$ $ $ $ $

Gains

Gains from sale of assets:

(Motor Vehicles, plant and equipment)

Proceeds from sale (Transport Strategy) - 204,000 270,400 430,600 183,600

Proceeds from sale 451,012 464,542 480,801 500,033 525,035

Carrying value of assets sold (303,645) (312,754) (323,701) (336,649) (353,481)

Net gain from sale of assets 147,367 355,788 427,501 593,985 355,154

Total Own-source Income 8,246,834 8,745,568 8,870,729 9,092,936 8,912,051

Net cost of services 31,427,536 31,415,434 34,477,195 37,398,053 40,850,872

Revenue from government

RANGER Program Expansion funding - - 2,644,636 2,644,636 2,644,636

From Government - ABA s.64(1) 17,474,035 17,718,671 17,966,733 18,218,267 18,473,323

From Government - Special Purpose Contracts 13,894,167 13,696,763 13,830,451 16,499,598 19,697,184

From Government - Special Purpose Contracts (revenue received in advance unspent at year end)

- - - - -

Total revenue from Government 31,368,202 31,415,434 34,441,820 37,362,501 40,815,142

Surplus / (Deficit) attributable to the Australian Govt

(59,334) - (35,375) (35,552) (35,729)

OTHER COMPREHENSIVE INCOME

Changes in asset revaluation reserves 1,613,334 - 35,375 35,552 35,729

TOTAL COMPREHENSIVE INCOME (LOSS) 1,554,000 - - - -

Total Comprehensive Income / (Loss) Attributable to the Australian Government

1,554,000 - - - -


G L O S S A R YABA Aboriginals Benefit Account

ALRA Aboriginal Land Rights (Northern Territory) Act 1976

ALT Aboriginal Land Trust

AAMCAboriginal Associations Management Centre (a unit of the CLC that provides administrative services to Aboriginal Corporations

ANANGU Aboriginal Person

ANAO Australian National Audit Office

APSC Australian Public Service Commissioner

CFI Carbon Farming Initiative

CLC Central Land Council

CLM Conservation and land management

CNRM Cultural and Natural Resource Management

CLA Community Living Area Corporate governance

COAG Council of Australian Governments

EBA Enterprise Bargaining Agreement

EMU Ecosystem Management Understanding

FEP Flexible Employment Program

FTE Full Time Equivalent (staff)

GLM Grazing Land Management

GMAAAC Granites Mine Affected Area Aboriginal Corporation

IAS Indigenous Advancement Strategy

IBA Indigenous Business Australia

IEK Indigenous Ecological Knowledge

IEP Ranger Indigenous Employment Program

ILC Indigenous Land Corporation

ILUA Indigenous Land Use Agreement

IPA Indigenous Protected Area

IPP Indigenous Pastoral Program

JMC Joint Management Committee

JMO Joint Management Officers

JMP Joint Management Partnership


MINERAL ROYALTIES

Royalties payable to the Australian or the Northern Territory Government in respect to mining

NAILSMA North Australian Indigenous Land and Sea Management Alliance

NLC Northern Land Council

NTA Native Title Act

NTCA NT Cattlemen’s Association

NTER Northern Territory Emergency Response

NTPWS NT Parks and Wildlife Service

NTRB Native Title Representative Body

NRETAS NT Department of Natural Resources, Environment, Arts and Sport

NRM Natural Resource Management

NTRB Native Title Representative Body

ORIC Office of the Registrar of Indigenous Corporations

OUTCOMES The Outcomes are desired results, impacts or consequences for Aboriginal peoples

PGPA Public Governance, Performance and Accountability Act, 2013

PIF Performance Information Framework

PM&C Department of Prime Minister and Cabinet (Indigenous Affairs)

PPL Perpetual Pastoral Lease

RIS Regional Investment Strategy

RLMO Regional Land Management Officers

SACRED SITESParts of the natural landscape such as hills, rocks, trees, springs and offshore reefs that are of special significance to Aboriginal people

SOPS Standard Operational Procedures (aerial camel culling)

TCRO Tennant Creek Regional Office

TERRITORY NRM

Formerly NT Natural Resource Management Board

UKTNP Uluru-Kata Tjuta National Park

WELL Workplace English Literacy and Learning

WETT Warlpiri Education and Training Trust

TRADITIONAL OWNERS (TO)

In relation to land, means a local descent group of Aboriginal people who have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and are entitled by Aboriginal tradition to forage as a right over that land.


27 Stuart Highway, Alice Springs NT 0870 • PO Box 3321, Alice Springs NT 0871

Tel. 08 8951 6211•Email. [email protected] • Web. www.clc.org.au

central land council corporate plan 2016-2020 · we, as the accountable authority of central land...

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