queensland south native title services annual … - qsnts annual...organisational structure..... 17...

Queensland South Native Title Services ANNUAL REPORT 2016 - 2017

Annual Report 2016 – 2017 | i

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

26 October 2017

Dear Minister

We are pleased to present the 2016-17 Annual Report for Queensland South Native Title Services Limited (QSNTS).

This report is provided in accordance with the Australian Government’s Department of the Prime Minister and Cabinet (DPMC) terms and conditions relating to the native title funding agreement under s 203FE(1) of the Native Title Act 1993 (Cth) (NTA). The report includes independently audited financial statements for the financial year ending 30 June 2017.

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

Yours sincerely Chair, Board of Directors Queensland South Native Title Services

01 | Queensland South Native Title Services

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

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

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

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

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

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

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

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

Legislative Functions ....................................................................................................................................11

Strategies and Priorities ..............................................................................................................................12

Services Delivered ........................................................................................................................................14

Service Delivery Process ............................................................................................................................15

Organisational Structure .............................................................................................................................17

Operational Plan ...........................................................................................................................................20

Performance Report .......................................................................................................................................21

Claim Areas ....................................................................................................................................................22 Review of Performance ...............................................................................................................................23 Outputs 2016-17 ..........................................................................................................................................24 Consent Determinations .............................................................................................................................25 Current Claims ..............................................................................................................................................25 QSNTS as a Respondent ...........................................................................................................................33 Other Litigation ..............................................................................................................................................33 Research .........................................................................................................................................................34

02Annual Report 2016 – 2017 |

Native Title Corporations ............................................................................................................................34 Future Acts Activity ......................................................................................................................................37 Grant Financial Performance Report ........................................................................................................38 Organisational Capability ............................................................................................................................39 Advocacy ........................................................................................................................................................41 Stakeholder Engagement ...........................................................................................................................44

Corporate Report ..............................................................................................................................................46

Governance ....................................................................................................................................................47 Corporate Governance ...............................................................................................................................48 Board Members as at 30 June 2017 .......................................................................................................49 Executive Management ...............................................................................................................................51 Planning and Reporting ...............................................................................................................................52 Risk Management .........................................................................................................................................53 External Scrutiny ...........................................................................................................................................55

Human Resources Report ...........................................................................................................................56

Workforce Planning ......................................................................................................................................57

Workforce Profile, Retention and Turnover .............................................................................................57

Training and Development ..........................................................................................................................58

Enterprise Agreement ..................................................................................................................................58

Occupational Health and Safety ...............................................................................................................59

Looking Ahead: Human Resources in 2017-18 ....................................................................................59

Financial Report ................................................................................................................................................60


GLOSSARY

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

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

ClaimAn application for a determination of native title, a revised determination of native title or a compensation application under s 61 of the NTA. Also referred to as a native title determination application or a native title application.

Commonwealth of Australia

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

Native Title

The communal, group or individual rights and interests of Aboriginal Peoples and Torres Strait Islanders in relation to land and waters, where the rights and interests are possessed under the traditional law acknowledged and the traditional customs observed by the group or individual. The NTA refers to the recognition of these rights and interests by the Federal Court of Australia.

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

CEO Chief Executive Officer

CFO Chief Financial Officer

DPLO Deputy Principal Legal Officer

DPMC Department of the Prime Minister and Cabinet

ILUA Indigenous Land Use Agreement

IMD Implementation and Management Division

MOU Memorandum of Understanding

NNTT National Native Title Tribunal

NNTC National Native Title Council

NTA Native Title Act 1993 (Cth)

NTRB Native Title Representative Body

NTSP Native Title Service Provider

PBC Prescribed Body Corporate

PLO Principal Legal Officer

QRBA Queensland Representative Body Alliance

QSNTS Queensland South Native Title Services

RNTBC Registered Native Title Body Corporate

04Annual Report 2016 - 2017 |

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

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

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

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

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

P (07) 4743 1322 | free call 1800 663 693 F (07) 4743 1140 E [email protected]

QSNTS Annual Report ContactMedia and Communications Coordinator | Jasmin Michiels

Annual Report PhotographyPhotography and artwork sourced from stock or generously submitted by QSNTS stakeholders and staff.

Cover ArtworkJasmin Michiels and Suckerpunch Design

Design and LayoutSuckerpunch Design (Copyright QSNTS 2017)


BOARD REPORTAnother year has passed and again we reflect on the work undertaken by the dedicated team that makes up QSNTS. I am humbled to have been chosen to sit another year as Chair of such a dedicated Board, and I am also deeply honoured on behalf of the Board of Directors to present the QSNTS 2016-17 Annual Report.

This year’s work began with a QRBA meeting in Brisbane to commence advocacy for a Schedule of Fees that will bring some consistency around regulated payments for all our Queensland PBCs for work requested by relevant state departments.

The QRBA is a state-wide, coordinated voice that negotiates with the State Government and the relevant departments which have jurisdiction within the native title sector. The QRBA meets about three times a year or when necessary to address current and emerging issues that affect our collective claims areas. This united voice is important not only within the native title claims process itself, but also to consolidate the commitment we have as NTSP/NTRBs to the implementation, development and continued support for the growing number of Queensland’s PBCs established as the outcome of the claims process.

In addition to its work with the QRBA, QSNTS is also a current member of the NNTC, which has conducted a restructure to allow PBCs across Australia to become members of a national voice

that is vital in lobbying the Federal Government on issues affecting the native title sector nationwide. On the current agenda are two very important items, those being the reviews of the NTA and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth).

At present, QSNTS is currently prosecuting over 20 native title claims. The Board congratulates the groups who have contributed to this number in this reporting period, many of which have now also achieved registration through the NNTT. These groups include the Kabi Kabi First Nation and Kabi Kabi Undambi Area Claim, the Mandandanji People, the Mardigan People, the Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People, the Quandamooka Coast Claim, the Wangan and Jagalingou People, the Wakka Wakka People #4 and the Yuwaalaraay/Euahlayi People.

Many of these claims have been in the research and development phase for many years and as such, QSNTS and its clients are very relieved to see them finally registered and moving into the next step in their ongoing struggle.


On behalf of the Board, I must also commend our staff members in Brisbane and our two regional offices in Mt Isa and Rockhampton, who continuously work long hours and weekends, and travel many thousands of kilometres during the year to maintain momentum and assist our clients in realising their aspirations as Traditional Owners.

Congratulations is also due to the Implementation and Management Division (IMD), which continues to work steadfastly toward support service delivery that meets the genuine needs of PBCs in the next phase of their native title journeys. QSNTS engages with PBCs and assists with their endeavours to capitalise on native title rights and interests, and advance business that complements the unique cultures, customs and traditions connecting them solidly to their country.

The IMD is crucial to the implementation of the new QSNTS Services catalogue currently in development with the expert guidance of the Board, which ensures programs are culturally sound with a strong governance focus.

However, the Board also appreciates the many accomplishments attained for clients over the past financial year through the hard work of the Executive team and the wider QSNTS staff body.

The celebrations for QSNTS have been small, this year, but by no means are they any less important to the organisation or to the native title sector at large, particularly in light of this year being the 25th anniversary of the landmark Mabo #2 case. Our CEO, Kevin Smith, delivered a comprehensive and inspiring presentation to commemorate the

occasion, informing us all of the many hours of work carried out by many hands across Queensland to bring the numerous collective outcomes we have to date achieved.

This reporting period also marks the sixth anniversary since the Quandamooka People’s native title consent determination, the first claim prosecuted by the staff at QSNTS. Now, there are 14 positive native title determinations celebrated within our footprint, and we are creating even more milestones with the formation of PBCs. For this, I must again reiterate the gratitude we have for the hard work and dedication of staff members in assisting Traditional Owners with their native title aspirations.

All of QSNTS’ collective work, including 16 consent determinations for 14 Traditional Owner groups, over 180 claim-related ILUAs, more than 60 connection reports, seven ongoing research projects and 20 native title claims still to be prosecuted, has placed QSNTS in prime position to welcome with enthusiasm the new and exciting opportunities of the year to come.

Finally, I am pleased and proud to present the QSNTS 2016-17 Annual Report and I extend my personal thanks to the other Directors for their many hours of work above and beyond their day jobs that makes our Board successful in our work together with QSNTS during this reporting period in the 2016-17 financial year.

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


CEO REPORT

The 2016-17 reporting period covers a year replete with significant milestones and anniversaries in the Indigenous calendar – it marked the 50th anniversary of the historic 1967 constitutional referendum, the 25th anniversary of High Court judgement in Mabo #2, and the release of the Uluru Statement From the Heart. The common thread of these significant events speak to the strength of Indigenous Peoples, our resolute pursuit of justice in all its manifestations, the quest for self-determination, as well as the desire for a reconciled Australia. These events are also building blocks: 1967 saw Indigenous Peoples made constitutionally visible, 1992 underpinned the legal recognition of our rights to land and waters after many long legal battles, and the Uluru Statement on 26 May 2017 marked the dawn of a new era based on a fair and truthful relationship with the People of Australia. These are important times for Aboriginal Australia and the entire country!

The native title system is also going through important change, shaped by those national milestones that preceded this point, and steered by Indigenous ambitions to realise broader aspirations that redefine native title as a journey, rather than a destination. In this operating context, QSNTS has redefined its service offerings and way of operating to walk with Traditional Owners on this journey.

This 2016-17 Annual Report highlights some of the key milestones and achievements in a year during which QSNTS went through a transition of its own. QSNTS restructured to ensure that quality services continue to be provided in the claim phase, but also developed new structures and services that make the transition from claim to the post-determination context, seamless. In this latter context, the focus is on supporting PBCs to build strong governance capacity, but also operational proficiency, by utilising tools and practices that can inform good decision-making processes and encourage sustainable management of the Indigenous estate.

Kevin Smith, QSNTS CEO


Many of the QSNTS’ new services are a direct response to a Client and Stakeholder Satisfaction Survey undertaken in 2016, as well as changes in the funding regime that took effect on 1 July 2016 and, appropriately, placed a higher emphasis on PBCs.

QSNTS’ challenge was to straddle the high workload in both pre- and post-determination phases – a challenge embraced with dedication, innovation and energy.

It is noteworthy that four new claims – Yuwaalaraay/Euahlayi, Gamilaraay, Yuggera Ugarpul and Daggan Balun – entered the system during this reporting period, all of which arise from very detailed regional research that span several years. I wish those native title claimants all the very best on this journey.

QSNTS has embraced innovation in developing a bespoke, Cloud-based agreement database known as Native Title TraKS. This tool will come online later in 2017, but is promising as a very practical tool in managing a range of agreements, and as a tool that will also build operational proficiency. The development of an electronic presence for PBCs by way of the PBC website project is also set to provide an invaluable communication tool. Finally, QSNTS is also exploring ways to better utilise and repurpose connection material compiled for applications, beyond the claim process, including for native title group promotion, and for assistance with governance decision-making and dispute resolution.

This financial year saw QSNTS partner with other stakeholders to develop the SEQ Indigenous Tourism Initiative (see http://www.qsnts.com.au/

tourism-workshop for more detail and the Corporate Report section of this Annual Report), and facilitate a dialogue that attempts to harmonise planning and native title laws and processes (see details about the ShapingSEQ regional plan in the Performance Report section). Influencing the operating environment to explore broader opportunities in tourism and the interface with town planning are but two examples of the shift in thinking around how native title needs to be better understood and integrated with other industries.

Finally, change is never possible without good leadership and commitment. I thank the Board and the QSNTS Management team throughout this year of transition, and equally, the staff who grappled with change whilst performing their day-to-day tasks – all for the benefit of the client. Thank you, one and all.

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

QSNTS OVERVIEW



BACKGROUNDIn 1992, the High Court of Australia handed down its decision on the historical Mabo and Others v Queensland (No 2) case, overturning the doctrine of terra nullius and paving the way for Aboriginal and Torres Strait Islander Peoples to gain formal recognition of native title rights and interests over their traditional lands and waters. The NTA is the framework built to bring Traditional Owners’ native title ambitions to realisation.

To assist with this endeavour, a network of NTSP/NTRBs emerged, recognised and funded by the Australian Government to perform duties as assigned under the NTA.

In the years following the establishment of the NTA, Traditional Owners in the southern region of Queensland were assisted by various organisations, but following a number of legislative amendments and reviews, the Australian Government ceased funding and recognition for those organisations on 22 June 2005. The Australian Government then invited QSNTS, registered and limited by guarantee by the Australian Securities and Investments Commission on 2 June 2005, to apply for funding as the NTSP for the southern region of Queensland, which was granted on 7 July 2005.

In 2008, QSNTS was asked by the Australian Government to extend its region of responsibility to encompass the greater Mount Isa region formerly assisted by the Carpentaria Land Council, as well the area previously assisted by the Gurang Land Council.

Following the amalgamation, QSNTS came to represent one of Australia’s largest regions of responsibility, covering nearly two thirds of Queensland. To maintain strong relationships with Traditional Owners throughout its region, QSNTS has regional offices in both Mount Isa and Rockhampton, in addition to its head office in Brisbane.

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


LEGISLATIVE FUNCTIONSAs an NTSP, QSNTS performs the full range of statutory services prescribed by the NTA at the request, and for the benefit, of Traditional Owners with native title claims or potential native title claims within the organisation’s region of responsibility. The statutory services provided by QSNTS in accordance with the NTA are as follows:

Section 203BB - Facilitation and AssistanceQSNTS conducts the research and preparation of native title applications, and both represents and facilitates native title-related proceedings. These include consultations, mediation, negotiations and proceedings relating to native title applications, future acts, ILUAs and any other matter related to native title.

Section 203BE - CertificationQSNTS certifies native title applications and applications for the registration of ILUAs.

Section 203BF - Dispute ResolutionQSNTS provides assistance in promoting agreement between clients regarding native title applications by conducting consultations, negotiations, mediation and other native title related proceedings. QSNTS provides mediation services between client groups regarding native title claim issues such as claim boundary overlaps and shared Apical Ancestors.

Section 203BG - NotificationQSNTS ensures that notification of proposed activities which relate to the land and waters wholly

or partly within the region are brought to the attention of Native Title Holders and claimants, and relevant information is given to these persons.

Section 203BH - Agreement MakingQSNTS will participate as a party to ILUAs where appropriate, consulting with and having regard to the interests of native title claimants.

Section 203BI - Internal ReviewAt the request of clients, QSNTS undertakes internal reviews of decisions and actions carried out in the execution of statutory services, in accordance with policies and procedures which govern the internal review process.

Section 203BJ - Other FunctionsQSNTS conducts other functions related to native title that aim to improve the native title system and to deliver better results for Traditional Owners. Examples of these functions include advocacy for reform, capacity development, regional research projects, and negotiating agreements with other organisations such as MOUs. In particular, QSNTS undertakes regional research projects pursuant to s 203BJ(b).


STRATEGIC PLAN AND PRIORITIESTo guide the effective and efficient delivery of statutory services, QSNTS abides by a Strategic Plan set by its Board of Directors and updated every three years to reflect the changing needs of Traditional Owners progressing through their native title journeys. Currently, QSNTS operates according to the QSNTS 2013-16 Strategic Plan, after the Board of Directors voted to extend its relevance by a period of 12 months, expiring on 30 June 2017.

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

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

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

Strategic IntentIn line with the current QSNTS Strategic Plan, QSNTS’ focus is to improve engagement with clients, constituents and stakeholders. QSNTS aims to increase the rate of resolution of claims, effectively manage disputes and promote cohesive relationships between clients. QSNTS will continue to respond to an evolving native title environment by:

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

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

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

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

QSNTS fulfils its functions through a service delivery model founded on the assertion that native title has a vital role to play in delivering recognition and justice for Aboriginal Peoples and Torres Strait Islanders. QSNTS takes an approach that aims to enhance Traditional Owners’ capacity for autonomy by developing a service delivery model based on statutory services, capacity development and reform.

Kullilli Country


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

strengthen the present and empower the future.

REFORM

CAPACITY DEVELOPMENT

STATUTORY SERVICES


SERVICES DELIVEREDQSNTS aims to deliver a complete range of statutory services to realise our clients’ aspirations.

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

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

Further information about work undertaken in respect of native title claims during the reporting period can be found in the Performance Report section of this Annual Report.

Future ActsA ‘future act’ is a proposed activity that may affect native title, such as mining or exploration activities, compulsory acquisition, tourism and other developments. Under the NTA and the Aboriginal Cultural Heritage Act 2011 (Qld), a Traditional Owner or Traditional Owner group with a registered

native title claim retains certain procedural rights, including the right for Applicants to be notified and consulted with in respect of future acts that may affect their native title rights and interests.

Most future acts are notified under s 24 of the NTA. As the NTSP for the southern region of Queensland, QSNTS receives future act notices and forwards them to the relevant native title claim Applicants. QSNTS provides registered Applicants with assistance to understand the complex process, allowing them to comment on or object to the proposed activities.

Activities such as mining, petroleum, exploration and compulsory acquisition of land for non-government parties are notified under s 29 of the NTA. Where a right to negotiate applies, QSNTS provides a service representing the registered native title claim group in negotiation and arbitration of future acts as necessary.

Indigenous Land Use Agreements (ILUAs)An ILUA is a negotiated agreement between native title groups and other parties (for example, government, pastoralists and utility providers) about the use and management of land and waters in a certain area.

ILUAs facilitate the resolution of certain native title issues through a negotiated process as an alternative to costly and time-consuming litigation processes. A registered ILUA is legally binding for the parties to the agreement and Native Title Holders.


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

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

ReformQSNTS is committed to the development of a fair and balanced native title system, making advocacy for reform and improvement of native title processes and outcomes a necessary function of the organisation. To this end, QSNTS takes every opportunity to engage with reviews of administrative frameworks and of both state and federal legislation.

Further, QSNTS participates extensively in advocacy programs through its membership of the QRBA and the NNTC. More information about QSNTS’ advocacy activities in the reporting period can be viewed in the Performance Report section of this Annual Report.

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

With historically limited funding, QSNTS facilitated ‘in-kind’ PBC support, focusing on the existing skills, aspirations and needs of Traditional Owner groups to help establish rewarding partnerships, manage their native title rights and interests independently and sustainably, and work toward the overarching goal of genuine self-sufficiency.

However, in the 2016-17 reporting period, new funding guidelines have facilitated greater capacity for NTSP/NTRBs to provide PBCs with support that genuinely reflects their needs and aspirations. QSNTS has adapted its operations accordingly to ensure Traditional Owners benefit fully from the DPMC’s expanded focus on post-determination support and PBC longevity.

SERVICE DELIVERY PROCESSTo carry out any of its operational functions under the NTA, QSNTS must first receive and approve a request for assistance from the relevant Traditional Owner, or Traditional Owner group, in accordance with s 203BB of the NTA.

QSNTS recognises the long-lasting impact that recognition of native title can have for Traditional Owners, and thereby adopts a strict, evidence-based approach to the investigation, preparation and prosecution of native title claims. Within the sensitive environment of identity and connection, QSNTS does not make decisions about who is who or where they belong, and instead focuses on providing evidence to the Federal Court of Australia


for the enduring progression of native title claims. QSNTS draws on expert evidence, historical and other documentary records and, most importantly, on the evidence provided by Aboriginal People themselves.

Against this backdrop, QSNTS assigns resources to funding requests in the descending order of priority provided below (noting that some lower order activities may require action before a higher order activity can be addressed):

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

2. PBC Support. PBC support includes preparation and circulation of meeting notices, assistance with meetings, and basic advice around the legal effect of ILUAs and/or determinations.

3. Regional Research. The strategic value of regional or specific research projects pursuant to s 203BJ are prioritised in circumstances where they may resolve native title across a wider region. This research serves to clarify complex regions that have multiple competing assertions of native title, as well as regions that have one or more adjoining native title determinations that can be used as ‘neighbour’ evidence to support new or current claims.

4. Claim-Specific Research. This includes claim-specific research and investigation that arises from, and is consistent with, the s 203BJ research projects referred to in sub-paragraph two above.

5. Dispute Resolution. This extends to both inter- and intra-Indigenous dispute resolution pursuant to s 203BJ, with particular priority being given to those claims that are subject to trials, or those claims capable of consent determination where connection has been accepted but outstanding Indigenous respondent issues remain.

6. Interlocutory Applications. Funding can be granted for interlocutory applications to dispose of unmeritorious Indigenous responses where dispute resolution (referred to in sub-paragraph five) has been unsuccessful.

7. Future acts. This includes the provision of limited future act legal advice, representation and assistance.

While the order of priority for resource allocation remains the same, the balance in volume of services delivered by QSNTS has shifted in recent years due to the growing number of native title determinations made within its service boundaries. Since the 2008 amalgamation, 19 Traditional Owner groups have attained native title recognition in the area, 14 of which were assisted by QSNTS. Consequently, QSNTS has adapted its operations to better meet the changing needs of Traditional Owners, transitioning from a claims-based organisation to one which also supports Traditional Owners long after a positive determination has been made.


Human Resources Manager

Chief Executive Officer

Chief Financial Officer

Executive Assistant

Media and Communications

Coordinator

Finance Officer/s

Human Resource Officer/s

Administration Support Officer/s

eDRMS and Knowledge

Manager

Records Officer/s

Events Officer/s

Receptionist/s

CorporateCoordinator

Board of Directors

ORGANISATIONAL STRUCTUREThe organisational structure for QSNTS as at 30 June 2017


Deputy Principal

Legal OfficerIMD Manager

IMD Support Officer/sResearch Officer/s

Community Relations Officer/s

Deputy Principal

Legal Officer

Legal Officer/s

Paralegal/s

Legal Officer/s

Paralegal/s

Principal Legal Officer

BOARD OF DIRECTORS EXECUTIVE CORPORATE IMD LEGAL

DEPARTMENT KEY:


QSNTS is governed by a Board of Directors, which provides high-level strategic direction to the Executive team comprised of the CEO, CFO and PLO. Further information regarding the QSNTS governance structure can be found in the Corporate Report section of this Annual Report.

The CFO is responsible for non-operational activities within QSNTS, including corporate support undertakings such as event planning, financial management and stakeholder engagement. More information about QSNTS’ corporate support activities can be viewed in the Corporate Report section of this Annual Report.

The PLO is responsible for operational activities within the organisation, which, from 2015, were carried out under three major service delivery teams - one responsible for regional research projects and PBC support, and two responsible for new and existing native title claims.

Historically, QSNTS has conducted its PBC support activities under stringent limitations imposed by activities-based funding agreements with the DPMC. However, in light of the growing number of Traditional Owners transitioning from native title claimants to Native Title Holders, a new outcomes-based funding model was implemented for the 2016-17 reporting period which imposed key performance indicators expansively associated with capacity building for PBCs.

To both expand on its existing PBC support activities and meet its obligations under the new outcomes-based funding model, QSNTS underwent a restructure early in the 2016-17 reporting period to establish a new service delivery team, namely the IMD.

The IMD comprises research officers, community relations officers, legal officers and paralegal officers to support Traditional Owners in respect of future acts and ILUAs, as well as the establishment and development of a functional PBC as required under the NTA. Importantly, the IMD commences work with Traditional Owners while their associated native title claim is on foot, ensuring the claimant community is prepared to manage their native title rights and interests once their claim has been determined.

With the implementation of the IMD, the annual QSNTS Operational Plan now encompasses milestones to be accomplished in both native title claims, and in PBC support activities.

2020Annual Report 2016 - 2017 |

OPERATIONAL PLANAt the service level, when a request for assistance has been accepted by QSNTS in accordance with s 203BB of the NTA, an appropriate team of staff is assigned according to the skills and experience needed to undertake the project to completion.

Once a team has been assigned, a project plan (a case management plan for native title claim work, and a PBC management plan for PBC support work) is developed, encompassing workflow factors such as milestones, time frames, and budgets.

The Executive team then endorses and approves each project plan and moderates resource allocation based on the QSNTS prioritisation

principles provided above, while the CFO assesses each project to determine a budget. Once finalised, project plans are then consolidated into the annual QSNTS Operational Plan, which forms a critical document in how QSNTS measures its performance in relation to its funding agreement with the DPMC.

The DPLOs and IMD Manager report regularly to the PLO on milestone achievements and the Executive team then reports to the Board of Directors on operational progress in terms of outcomes, outputs and finances at each quarterly Board meeting. Reporting against key deliverables in the Operational Plan is a standing agenda item of all Board meetings, and the Board signs off on the Operational Plan and any subsequent variation.

For this reporting period, the annual QSNTS Operational Plan was delivered to the DPMC on 26 May 2016.

PERFORMANCE REPORT


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CLAIMED AREAS


REVIEW OF PERFORMANCE In the 2016-17 reporting period, QSNTS assisted one native title claim group with achieving a positive determination by consent, and an additional six groups with filing native title determination applications with the Federal Court of Australia. Additionally, QSNTS has expanded its operations substantially to assist Traditional Owners following a native title determination, which has underpinned an increase in future act-related activity undertaken in partnership with clients in the southern Queensland region. These activities and outcomes are highlighted on the following table.


Outputs 2016-17

Facilitation and Assistance Number

The Claims Experience

Total active claims within the region as at 1 July 2016 24

Active Claims Represented as at 1 July 2016 21

Plus claims filed by QSNTS 6

Less claims determined 0

Less claims dismissed (represented by QSNTS) 0

Ceased to act 1

Plus or less any other (consolidated) 0

Active claims represented as at 30 June 2017 26

QSNTS as respondent 2

Claims in development 2

Non-claimant applications 5

Discontinued/resolved non-claimant applications 0

Compensation claims 3

Section 203BJ(b) regional research projects 3

The Agreements Experience

Future acts notices received 1500

Responses to future acts 282

Agreements concluded 65

Agreements in development 662

ILUAs concluded and registered 0

Complaints and Disputes

Complaints received 24

Complaints resolved 22

Complaints pending resolution 2

Requests for Review of Decisions Not to Assist

Requests received 1

Reviews completed 1

Petitions overturned on internal appeal 0

Requests for External Review of Decisions Not to Assist

Requests received 0

Requests resolved 0

Requests pending resolution 0

QSNTS decisions affirmed 0


CONSENT DETERMINATIONSYulluna #4

On 20 February 2017, the Federal Court of Australia formally recognised the Yulluna People as Native Title Holders over a small parcel of land near the town of Duchess in Queensland. The decision followed an application made on 2 February 2015 seeking to rectify a drafting error that saw the parcel of land excluded from the boundary description of the initial Yulluna People’s native title determination. As such, the determination adds to the Yulluna People’s native title area of approximately 10,018 sq km, over which native title rights and interests were recognised at a consent determination hearing held on 28 March 2014.

CURRENT CLAIMSBarada Kabalbara Yetimarala People

The Barada Kabalbara Yetimarala (BKY) People have filed two native title determination applications in the Court. The BKY People #2 claim is wholly overlapped by the Darumbal People (Part B) claim. Both BKY claims are presently entered on the Register of Native Title Claims.

During this reporting period, the Honourable Justice Collier made orders in relation to the connection process for the BKY claims. QSNTS gathered evidence in support of the claims throughout 2016 and early 2017. The parties in the BKY claims, including the Darumbal Applicant for the overlap area, also agreed on a timetable articulating the steps parties would take to progress the matters.

In accordance with the timetable, anthropological experts, separately engaged for the BKY and Darumbal parties, participated in joint conferencing to resolve outstanding issues in dispute over the overlap area. A joint experts report was produced shortly thereafter.

On 19 May 2017, the Applicant delivered its connection material (including the joint experts report) to the connection parties for review and

From the Butchulla People’s consent determination celebrations.


assessment. It is anticipated that the BKY and Darumbal parties will shortly meet with a view to negotiating an agreement about the overlap area. The outcomes of this meeting are intended to be communicated to the Court, the connection parties and the claim group for reporting purposes.

Butchulla Land and Sea Claim #2

In December 2016, members of the Butchulla claim group gave evidence at various locations in an on-country evidence process. The witnesses were led through, and cross-examined on, their evidence on country by, respectively, the legal representatives for the Applicant, and the State of Queensland and Commonwealth.

The evidence process was a successful exercise and resulted in the State and Commonwealth advising in May 2017 that they now consider there to be a sufficient basis to accept connection to a substantial area of the claim for the purposes of substantive negotiations towards a consent determination. Negotiations with the government parties are still ongoing as to the final agreed areas over which negotiations could commence, and in relation to a draft proposed consent determination timetable.

During the reporting period, the Butchulla Applicant also engaged in negotiations over the terms of its Fire and Rescue Station ILUA with the State, acting through the Public Safety Business Agency. The negotiations involve the construction of a Fire and Rescue Station in Rainbow Beach, with the

proposed ILUA to provide a range of outcomes and benefits for the Butchulla People, including:

1. compensation for the loss of native title within the agreement area;

2. protocols for the management of cultural heritage; and

3. employment, training and business development opportunities.

Danggan Balun (Five Rivers) People

An application on behalf of the Danggan Balun (Five Rivers) People was filed on 27 June 2017. The application covers an area of approximately 3,100 sq km and includes areas within the local government regions of the Brisbane, Gold Coast, Logan and Redland City Councils, as well as the Scenic Rim Regional Council.

The application has not yet been assessed for registration and is in the pre-notification phase.

Darumbal People (Part B)

Part A of the Darumbal People’s native title determination application was determined by consent on 21 June 2016.

Part B of the Application is subject to an overlap with the BKY #2 application. Resolution of the overlap has been progressed with the completion of the research report relating to the BKY #2 claim, and the preparation of a joint expert report following a conference of the experts for the Darumbal and BKY #2 claims.

From the Butchulla People’s consent determination celebrations.


Gamilaraay Paople

An application on behalf of the Gamilaraay People was filed on 12 June 2017. The application covers an area of approximately 5,400 sq km in the local government areas of Balonne Shire Council and Goondiwindi Regional Council. The application is currently being assessed against the conditions for registration and is in the pre-notification phase.

Gunggari People #4

Progress of the Gunggari People #4 application was delayed due to the former overlap by the Bidjara People #6 application. Following the dismissal of the Bidjara People #6 application on 5 July 2016, research in the form of an anthropological report has been progressed and will be provided to the State in the first quarter of the 2017-18 reporting year.

Kabi Kabi First Nation

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

In July 2016, the Kabi Kabi claim reached a major milestone with both the State and the Commonwealth agreeing to enter into negotiations towards a consent determination, subject to conditions.

At a Kabi Kabi authorisation meeting held on 22 and 23 October 2016, a number of amendments to the claim were authorised, including an amendment to the claim group description and consequently the authorisation of a replacement Applicant.

An interlocutory application to amend the claim and replace the Applicant was heard on 13 December 2016, where the Honourable Justice Rangiah ordered a replacement Applicant and granted leave to amend the application.

On 20 March 2017, the amended application was accepted for registration by the NNTT and entered on to the Register of Native Title Claims.

Kabi Kabi Undambi Area Claim

The Kabi Kabi Undambi Area native title claim was authorised by the Kabi Kabi people on 22 October 2016, and filed in the Federal Court of Australia on 5 December 2016. The application sits on the borders of the Kabi Kabi First Nation Traditional Owners native title application in the north, and the determined Jinibara People area in the west.

The Kabi Kabi Undambi Area claim was authorised to mirror the current Kabi Kabi First Nation Traditional Owners claim. As such, the Applicant, the rights and interests, and the exclusions within the external boundary of the application, are reflective of those also claimed in the Kabi Kabi First Nation Traditional Owners native title determination application.

On 30 March 2017, the NNTT entered the application on the Register of Native Title Claims.

Left: At the Gunggari People’s consent determination, Right: At the Pitta Pitta People’s consent determination.


Koa People

The Koa People native title claim was filed on 16 July 2015 and the preparation of anthropological material commenced shortly thereafter. In February 2017, QSNTS facilitated an information session with the claim group, where they were provided with an update on the outcomes of the anthropological research and the status of negotiations in relation to a non-claimant application filed by a pastoralist party.

In March 2017, the Koa People provided its connection material to the State of Queensland for assessment, and the State has since provided its views of the material to both the Court and QSNTS representing the Koa People. As a result of the State’s assessment, further evidence in support of the Koa People’s native title claim is now being collected.

Kunja People

The Kunja People’s native title determination application was filed on 17 July 2015 and is a registered claim. During notification, a number of respondents filed Forms 5 in the Court, thereby becoming parties automatically. Those parties include five Indigenous parties who assert Badjiri (Budjiti) and Murruwari interests over the present claim area.

Anthropological reports in relation to the area of the Kunja claim have been prepared pursuant to QSNTS’ other function under s 203BJ(b) of the NTA. The gathering of lay evidence in relation to the claim continues and interviews with some Kunja claimants have been carried out for the preparation of witness statements in support of the claim.

Since the matter was registered, QSNTS has met with the Applicant on an ongoing basis to discuss activities related to the claim, including steps to be taken to progress the matter. QSNTS has also undertaken additional research with a view to resolving boundary and Indigenous respondent issues.

The matter remains in case management and the connection process is subject to the supervision of the Court under the National Registrar for Native Title.

Mandandanji People

On 18 December 2015, the Honourable Justice Rares programmed the Mandandanji claim for trial with a hearing on all issues listed for 28 November 2016. Since that time, the claim has been the subject of intensive case management by the Federal Court. Following various amendments to the trial programming orders, a trial on connection was scheduled for commencement on 5 June 2017.

Extensive tenure research was conducted in relation to areas within the claim boundaries during the reporting period and the parties filed a Statement of Agreed Facts with the Court, expressing the agreement of the parties on areas where native title has been confirmed as extinguished. It is estimated that less than 10% of the claim area remains claimable.

On 20 May 2017, an authorisation meeting was held in Roma for the claim group to consider legal advice and make decisions about the future conduct of the claim. At that meeting, the claim group resolved to instruct the Applicant not to proceed to a contested hearing and to seek orders

Left: Celebrating the Yulluna People’s consent determination, Right: Youths performing at the Darumbal People’s consent determination.


for a determination that native title does not exist over the entirety of the claim area. In accordance with those instructions, QSNTS filed an application with the Court on behalf of the Applicant on 24 May 2017, seeking orders to vacate the trial. With the consent of the trial parties, Justice Rares granted that application and made orders vacating the hearing on connection.

The terms of the proposed determination orders are currently the subject of negotiations between the parties. Further, negotiations between the Applicant and State of Queensland presently continue as to whether there is a proper basis for the parties to enter into an ILUA.

Mardigan People

In July 2016, orders were made for the hearing of Traditional Owner evidence on country before the Honourable Justice Reeves. Prior to the hearing, several Mardigan people were involved in providing QSNTS with their knowledge about Mardigan country. This evidence was filed in the form of witness statements, and a hearing of this traditional owner evidence took place in April 2017.

QSNTS met with the Applicant in May 2017 and the claim group in June 2017 to advise of the State of Queensland’s position in relation to this matter and the possible options for resolution of the claim. QSNTS and the Mardigan People are now assessing the next steps for this claim.

Mitakoodi and Mayi People #5

The Mitakoodi and Mayi claim was filed on 8 July 2015. There have since been two authorisation meetings to replace the Applicant, which resulted in a series of case management conferences held by the Federal Court in order to resolve disputes amongst competing Applicant groups on how best to progress the claim. The disputes were not resolved between Applicant groups, which resulted in a contested hearing held in March 2017. The incoming Applicant was successful in this hearing, and Justice Reeves made orders to replace the former Applicant.

During this time, QSNTS has commissioned and commenced work on the preparation of an anthropological report, which is intended to identify all the families that may legitimately hold native title rights and interests in the Mitakood and Mayi claim area.

Port Curtis Coral Coast Claim

A consent determination hearing for the Port Curtis Coral Coast People is listed for 28 November 2017 on country in Gladstone.

During this reporting period, the parties have remained in substantive negotiations for the purposes of that final hearing, with respect to the terms of the s 87 agreement proposed for filing in, and the various ILUAs comprising the components of the settlement framework for the matter.

Left: Children join in celebrations at the Mithaka People’s consent determination, Middle: The smoking ceremony at the Boonthamurra People’s consent determination, Right: Kalkadoon People celebrating their consent determination.


In this period, a signing ceremony was held in Gladstone on 29 November 2016 in relation to the Local Government ILUA made between the claim group, the Gidarjil Cultural Heritage Corporation and the Gladstone, North Burnett and Bundaberg local governments. The Local Government ILUA articulates the relationship between the parties, processes for future acts and Aboriginal cultural heritage, and ways upon which the parties are to work together and address matters of public policy and Aboriginal culture in the local area.

Following a roadshow run by the QSNTS IMD in May 2017, the First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People Aboriginal Corporation was registered with the Office of the Registrar of Indigenous Corporations on 26 June 2017.

Amendments to ensure the claim is in proper, final form for the final hearing are proposed to be filed with the Federal Court after an authorisation meeting of the claim group in August 2017. Final ILUAs to settle the matter are intended to be tabled before the claim group for authorisation around mid-September 2017.

Quandamooka Coast Claim

On 22 October 2016, the Quandamooka People authorised the filing of the Quandamooka Coast Claim, which was filed with the Federal Court on 8 March 2017 and accepted for registration on 12 May 2017. It is currently in notification until 11 October 2017.

In the forthcoming reporting period, QSNTS will gather further Aboriginal lay evidence and engage an expert anthropologist to prepare the relevant expert evidence in support of the claim.

Quandamooka People #4 (Mulgumpin Claim)

The Mulgumpin Claim was filed on 18 November 2014 and accepted for registration on 25 March 2015.

In response to the connection material delivered on behalf of the Applicant to connection parties in February 2016, the State of Queensland advised in September 2016 that it was satisfied the Quandamooka People had established connection and would be prepared to enter into substantive negotiations towards a consent determination.

Throughout the reporting period, the Applicant and Respondent parties have been working to an agreed timetable completing required steps towards the achievement of a consent determination of the matter. With some outstanding items still at play, the Applicant is working to ensure that all items are addressed in a timely manner so as the matter is resolved by way of a positive determination of native title in the first quarter of 2018.

Wadja People

The current Wadja People claim was authorised on 5 August 2012, and filed as a new native title determination application on 22 August 2012. It is currently registered.

Left: Dancing in celebration of the Kullilli People’s consent determination, Middle: Jinibara People accepting a gift from QSNTS to commemorate their consent determination, Right: The Budjiti People’s smoking ceremony ahead of their consent determination.

31 | Queensland South Native Title Services23

During the reporting period, the State of Queensland advised its response on connection. QSNTS has relevantly provided legal advice to the Applicant on a number of occasions on matters related to the claim, including prospects and options for disposition of the proceedings.

QSNTS ceased acting for the Wadja People on 23 May 2017.

Wakka Wakka People #3

Over the course of 2016, QSNTS was involved in the collection of Traditional Owner evidence in the form of witnesss statements in relation to the Wakka Wakka People #3 claim. In October 2016, this material was provided to the State of Queensland for assessment, and in March 2017, the State indicated to the Court and the other parties that it accepts the Wakka Wakka People’s connection to the claim area and is willing to negotiate a consent determination in this matter. The other active respondent parties have also indicated their intention to progress the matter towards a consent determination.

In June 2017, the parties agreed to a timetable outlining next steps in order to achieve a positive consent determination in favour of the Wakka Wakka People over the relevant claim area by mid-2018.

The Applicant authorised in November 2015 has also changed following an authorisation meeting held in May 2017.

Wakka Wakka People #4

During the course of 2016 and 2017, the Wakka Wakka Applicant made several attempts to resolve the assertions of rights and interests made by three Indigenous respondents in the Wakka Wakka #4 claim area. These efforts have not been successful. Consistent with its general policy, in March 2017, the State of Queensland indicated that it was unable to progress this matter towards a consent determination while the assertions made by the Indigenous respondents remain unresolved.

In April 2017, pursuant to the orders of Justice Reeves, the Indigenous respondents filed evidence in support of their assertons, and the Wakka Wakka Applicant filed its evidence in response. In May 2017, the Wakka Wakka People authorised amendments to the Wakka Wakka #4 claim area to reduce the area in dispute, and the area in dispute is now likely to be resolved in a contested hearing.

The Applicant for the Wakka Wakka #4 matter authorised in November 2015 has also changed following an authorisation meeting held in May 2017.

Wangan and Jagalingou People

Progress of the Wangan and Jagalingou People’s native title determination application was delayed due to a substantial overlap by the Bidjara People #7 claim. Since the Bidjara People #7 claim was dismissed on 5 July 2016, the application has been the subject of orders aimed at expediting resolution of the claim. Evidence of lay witnesses was filed in November 2016 and in March 2017, and expert evidence was filed in November 2016 and May 2017. The State is to provide its response by 7 July 2017.

Left: Celebrating the Kalkadoon People’s consent determination, Right: Mithaka People at their consent determination hearing.

32Annual Report 2016 – 2017 |24

Wangkamahdla Nation

The Wangkamahdla Nation native title claim was filed on 20 January 2016 in response to a non-claimant application filed by Gibson Grazing over the Sandringham pastoral property. Gibson Grazing is seeking a determination that native title does not exist over the Sandringham property.

Prior to this occurring, QSNTS had been carrying out a research project into the region, and once the Wangkamahdla Nation claim was filed, efforts became focused upon collecting specific evidence in support of the claim.

On 31 August 2017, an anthropological report and a number of witness statements were provided to the State of Queensland, and Justice Reeves has since ordered that the State must give its response to that material, by way of filing a notice in the Federal Court, on or before 30 November 2017.

Western Kangoulu People

The Western Kangoulu People native title determination application was, until 5 July 2016, overlapped by Bidjara People #7 native title determination application.

Despite the overlap, connection material was provided to the State in December 2015 and preliminary issues were progressing in accordance with an agreed timetable. As stipulated by the timetable, the Applicant provided further connection material to the State, including a joint expert report and affidavits from members of the claim group. The State is due to respond by 11 September 2017.

Woppaburra People

The Woppaburra People native title determination application was filed on 8 November 2013 and is a registered claim with seven respondents.

During this reporting period, a consultant anthropologist was commissioned to undertake further anthropological work and prepare a further expert report in relation to the claim.

Further lay statements have also been gathered from relevant Woppaburra claimants for the purposes of supporting the case for native title.

These, together with the further expert evidence aforementioned, were provided to the State of Queensland and the Commonwealth for consideration and assessment. The Applicant has received the government parties’ responses on that further connection material and is presently preparing further material for the purposes of narrowing outstanding issues on connection, which is due to be delivered to the State and the Commonwealth on 27 October 2017.

Yuggera Ugarapul People

The Yuggera Ugarapul People native title determination application was authorised by the Yuggera Ugarapul People on 11 March 2017 at an authorisation meeting held in Ipswich. The application covers an area of just under 6,200 sq km and includes land managed by eight local government areas including the Brisbane, Logan and Ipswich City Councils. The application was filed in the Federal Court on 7 April 2017 and was subsequently provided to the NNTT for registration testing.

Yuwaalaraay/Euahlayi People

The Yuwaalaraay/Euahlayi People native title claim was filed on 23 January 2017 and registered by the NNTT on 5 May 2017. Evidence is currently being collected, including anthropological research and witness statements, which will be provided to the State of Queensland in due course in support of the claim.


QSNTS AS A RESPONDENTKungardutyi Punthamara People

The Kungardutyi Punthamara People claim was lodged in November 2016, entirely overlapping parts of Queensland subject to the Wongkumara People’s claim.

Members of the Applicant had previously been respondents to the Wongkumara People’s claim, but withdrew on the eve of a hearing requiring them to show cause why they should remain a party to that claim. Some had also been the subject of findings in Wallace on behalf of the Boonthamurra People v State of Queensland [2014] FCA 901.

QSNTS argued the matter sought to re-litigate the decision in Wallace and the proceedings were thereby an abuse of process. As such, QSNTS joined with the Applicant for the Wongkumara People’s claim in successfully seeking the summary dismissal of that claim with costs ordered against the Applicant.

Wongkumara

QSNTS remains a party to the Wongkumara cross-border claim and supports a determination of native title in favour of the claim group having regard to appropriate boundaries.

The claim group agreed to adopt QSNTS’ recommendations relating to the claim group description.

In November 2016, a claim that overlapped all of the Queensland part of the Wongkumara People’s claim was lodged on behalf the Kungardutyi Punthamara People. QSNTS joined with the Applicant for the Wongkumara People’s claim in successfully seeking the summary dismissal of that claim.

Wulli Wulli #2

QSNTS sought to join this proceeding as a respondent party after the claim group description was amended so as to exclude people from the claim group that QSNTS believes are supported as members of the claim group by the preponderance of the evidence.

OTHER LITIGATIONKemppi v Adani

This matter was brought by members of the Wangan and Jagalingou claim group seeking to impugn an ILUA between the Wangan and Jagalingou People and Adani Mining Pty Ltd.

The respondents to the claim are Adani Mining Pty Ltd, QSNTS, the State of Queensland and the National Native Title Registrar.

The claims against QSNTS relate to the exercise of the certification function pursuant to s 203BE of the NTA, which QSNTS is defending.


RESEARCHDarling Downs

The long-running Darling Downs Regional Research Project is conducted under s 203BJ(b) of the NTA. This very complex area is the subject of much extinguishment by tenure grants and has previously been the subject of a number of native title determination applications that were dismissed.

South East Regional Research Project

This South East Regional Research Project resulted in two claims being authorised and filed in this reporting period, one of which has been registered. Further research will be undertaken on an unclaimed area to the west of the Great Dividing Range, which forms part of the original research area, with a view to establishing clarity around people for country, and authorising and lodging further claims.

St George Research Project

The St George Regional Research Project resulted in the authorisation of two claims filed, one of which is registered. Further research is being conducted around the town of St George and surrounds.

NATIVE TITLE CORPORATIONSBoonthamurra Native Title Corporation

The Boonthamurrra Native Title Corporation is assisted by QSNTS to ensure corporate governance runs smoothly and within the prescribed rules and regulations.

In this reporting period, QSNTS has helped facilitate logistics for 10 Directors’ meetings as well as a special general meeting, at which the corporation’s members successfully amended the Corporation Rule Book. QSNTS assisted with ensuring the corporation’s compliance with the ORIC regulations for registration of those amendments, and QSNTS successfully facilitated efforts to create a detailed strategic plan.

QSNTS has also received formal notice of the corporation’s intention to initiate a native title claim over an additional portion of land. QSNTS is coordinating the research in that area.

Whilst QSNTS is not currently formally engaged to act on future acts matters for this RNTBC, it has, within a limited scope, helped advise the Board on some of these issues.


Budjiti Aboriginal Corporation

QSNTS currently assists the Budjiti Aboriginal Corporation with corporate governance training and instruction, and contributes in a substantial way to ensure corporate governance is properly maintained.

In the 2016-17 reporting period, QSNTS helped facilitate logistics for all of the corporation’s Board meetings and general meetings, and assisted with efforts to create a detailed strategic plan.

QSNTS currently acts for the corporation on its future acts matters. There are currently a number of carbon farming and mining agreements in negotiation by QSNTS on the corporation’s behalf, including a sizeable ‘land swap’ ILUA which is progressing, but yet to be finalised.

Bularnu Waluwarra Wangkayujuru Aboriginal Corporation

The Bularnu Waluwarra Wangkayujuru Aboriginal Corporation RNTBC is the trustee PBC for the Bularnu Waluwarra Wangkayujuru People. This financial year, QSNTS assisted with holding the Directors’ meetings, and the 2016 annual general meeting, as well as a Native Title Holders meeting. QSNTS also assisted in negotiating a small number of exploration agreements, as well as an ILUA for the Jemena Northern Gas Pipeline project.

Gunggari Aboriginal Corporation

The Gunggari Aboriginal Corporation maintains a paid administrator and an office. While still dependent on some funding from the DPMC, the corporation also enjoys some small income streams from activities undertaken on country by a variety of proponents.

While QSNTS assists the corporation with corporate governance, it is also delivering training to the Board and its administrator in order relegate QSNTS to a less active role in such matters. Additionally, QSNTS has assisted with facilitating logistics for Directors’ meetings and has provided support in the corporation’s efforts to create a detailed strategic plan.

Kalkadoon Native Title Aboriginal Corporation

The Kalkadoon Native Title Aboriginal Corporation RNTBC is the agent PBC for the Kalkadoon People.

QSNTS assisted this corporation with logistics for many meetings, including Directors’ meetings, members’ meetings and Native Title Holders meetings during this reporting period. QSNTS also assisted in negotiating numerous agreements with proponents for mining and exploration matters, including compliance of the consultation and consent requirements for native title decisions and ongoing agreement implementation matters.

QSNTS also assisted with a significant negotiation that concluded in December 2016 and resulted in the Kalkadoon People authorising two ILUAs, an ancillary agreement and a cultural heritage management plan for the Jemena Northern Gas Pipeline project.


Kooma Aboriginal Corporation

The Kooma Aboriginal Corporation is assisted by QSNTS regarding corporate governance and compliance issues. QSNTS is also instructed to act on the corporation’s behalf in relation to futures acts matters.

In this reporting period, QSNTS successfully facilitated the corporation’s efforts to create a detailed strategic plan and helped facilitate logistics for all of the corporation’s Board meetings and general meetings.

The corporation has formally advised QSNTS of its intention to initiate a native title claim over an area of land supplementary to its existing region, and QSNTS is coordinating the required research in that area.

With respect to future acts matters, QSNTS is currently negotiating a number of carbon farming agreements on the corporation’s behalf, as well as exploring the prospect of water licences. QSNTS is also advising the corporation with respect to a ‘land swap’ ILUA which is nearing finalisation.

Kullilli Bulloo River Aboriginal Corporation

The Kullilli Bulloo River Aboriginal Corporation maintains a paid administrator and an office. Whilst the corporation remains reliant on funding from the DPMC, it has a reasonable income stream from activities undertaken on country by a variety of proponents.

QSNTS currently provides advice and support as and when needed with respect to the corporate governance and compliance issues faced by the Board.

In the past financial year, the corporation engaged QSNTS to undertake a review and audit of its ILUAs, and QSNTS subsequently provided advice as requested. QSNTS is also currently assisting the corporation with negotiations in relation to carbon farming.

Mithaka Aboriginal Corporation

The Mithaka Aboriginal Corporations maintains a paid administrator and a stipend to a CEO. Whilst the corporation remains reliant on funding from the DPMC, it also has an income stream from activities undertaken on country by a variety of proponents.

QSNTS is currently engaged to undertake a review and audit of the corporation’s ILUAs, which were entered into with the assistance of previous legal representation on an ad hoc basis when the Mithaka People’s native title claim remained on foot. Due to a variety of historical issues, the review and audit of agreements is demanding a relatively high amount of legal and support resources.

The corporation has recently given formal notice to QSNTS of its intention to initiate a native title claim over a portion of land in addition to its determined area. QSNTS is coordinating the research in that area.

Yulluna Aboriginal Corporation

The Yulluna Aboriginal Corporation RNTBC is the trustee PBC for the Yulluna People. During the reporting period, QSNTS assisted the corporation with the logistics of Directors’ meetings and the 2016 annual general meeting.


FUTURE ACTS ACTIVITYIn the 2016-17 reporting period, QSNTS continued providing support to clients dealing with future acts in relation to their native title claim areas.

NOTIFICATIONS

Total s 24 Notifications received: 1145

Total other Notifications received: 198 (NTPCs, ILUA-Related Tenures and Other Miscellaneous notices)

Total s 29 Notifications received: 355 (Breakdown below)

LEGENDTenement Type: Legend

ATP/EPP Authority to Prospect

EP Expedited Procedure

EPC Exploration Permit for Coal

EPM Exploration Permit for Minerals

MDL Mineral Development License

MC Mining Claim

ML Mining Lease

PL Petroleum Lease

RTN Right to Negotiate

SP Sales Permit

SECTION 29 NOTIFICATIONS

Tenement TypeTotal Number of

Notices Received

Number of Notices (Groups Represented

by QSNTS)

Type

EP RTN

ATP/EPP 9 0 0 0

EPC 3 0 3 0

EPM 166 66 156 10

MDL 2 0 1 1

MC 153 140 0 153

ML 18 8 0 18

PL 4 0 0 4

SP 0 0 0 0

Total 355 214 160 186


OBJECTION APPLICATIONS Objection Application Status Number of Applications

Objection Lodged 43

Finalised Objection Applications 37

AGREEMENT MAKING

NegotiationsNegotiations Commenced

Negotiations Finalised

Active Negotiations

Tenements Abandoned

ATP 1 3 3 0

EPM and EPC 59 38 40 6

ML 11 3 14 1

MDL 0 0 1 0

MC 139 2 603 0

Other 4 10 1 0

Total 214 56 662 7

ILUASTotal Number of ILUAs Registered within QSNTS Region in the Reporting Period

32

Total Number of ILUAs Notified within QSNTS Region in the Reporting Period

25

GRANT FINANCIAL PERFORMANCE REPORTQSNTS Functions

Actual 2015-16

Budget 2016-17

Actual 2016-17

Variance

Expenditure Capital 119,737 250,000 168,613 81,387

Activities 6,609,895 8,398,319 7,159,642 1,238,677

Corporate 3,013,845 3,234,300 3,090,655 143,345

Commitments 978,241 1,418,176 1,418,176 0

Total 10,721,718 13,300,795 11,837,086 1,463,709


ORGANISATIONAL CAPABILITYIn addition to its ordinary functions in claim prosecution and other statutory services, QSNTS has this year focused on becoming a provider of choice for Traditional Owners at every stage of the native title journey, including in the post-determination environment.

PBC SupportUntil recently, NTSP/NTRBs operated under funding agreements which imposed stringent limitations on their capacity to assist PBCs after a native title determination had been made. In the 2015-16 financial year, following a period of consultation with NTSP/NTRBs, including QSNTS, the DPMC advised of a transition from the activities-based funding model to an outcomes-based model, incorporating key performance indicators associated with PBC support and development.

With the freedoms facilitated by the new outcomes-based funding model, QSNTS has commenced strategic planning for the 2017-21 period, incorporating the expansion of its former PBC Support Program established in 2013 to provide in-kind support to PBCs within the guidelines of previous funding agreements.

As part of the strategic planning process, QSNTS consulted extensively with key stakeholders in the 2016-17 reporting period to ensure all support services to be offered were genuinely reflective of those needed by Traditional Owners. In July 2016, the QSNTS Board met with several native title corporations in the Mount Isa region to gain qualitative feedback on the challenges facing their communities, and in August of the same year, QSNTS also carried out its inaugural Client and Stakeholder Satisfaction Survey to capture insight on assistance sought by Traditional Owners more broadly. The results from the consultation period led to the development of the QSNTS Services catalogue, which is expected to launch in November 2017.

In addition to the IMD established in this reporting period to support the organisation’s evolving strategic direction, QSNTS has also undertaken a range of initiatives to benefit Traditional Owners directly.

PBC Strategic Planning ProgramIn this reporting period, QSNTS has engaged the services of suitably qualified independent expert consultants to assist in developing strategic plans for all existing PBCs partnered with QSNTS, as well as to inform strategic planning for PBCs newly incorporated during the native title claim process. Several PBCs have adopted a strategic plan developed as a result of their participation in this program, with other groups still in consultation.


PBC Policies and ProceduresQSNTS has, in this financial year, commenced the template development of Policies and Procedures which PBCs can holistically or selectively adopt to assist in the governance and operational practices of their respective organisations.

Governance TrainingQSNTS has provided PBC Directors with the opportunity to participate in a governance training program facilitated by Shane Carroll, covering various aspects of being a director of a PBC including corporate governance, the role and personal legal duties of a director, conflicts of interest, and native title decision-making. In the 2016-17 reporting period, a total of six PBCs participated in the QSNTS governance training program.

Regional Economic SnapshotsFor the majority of the 2016-17 financial year, QSNTS has worked in partnership with BlueSky Economics to assist PBCs with the identification of potential economic development opportunities to benefit the Traditional Owner group. As part of the service, a ‘Regional Economic Snapshot’ is delivered to the PBC on a quarterly basis, providing information about developments and other activities within their native title area in order to assist with leveraging associated opportunities for the economic development of their community.

Agreements DatabaseOne of the most substantial bodies of work currently under development by QSNTS is the Agreements Database, known as Native Title TraKS (or the ‘Native Title Traditional Owner Knowledge System’). Native Title TraKS is an online platform purpose-built for Traditional Owners to assist in the management of their native title rights and interests. The software offers state-of-the-art functionality that:

• monitors performance of agreements, notifications and other rights and interests;

• ensures compliance and simplifies annual reporting and audit;

• stores and retrieves information on a PBC whole-of-enterprise basis;

• issues payment reminders on anniversary dates and assists with revenue control;

• informs and improves negotiation strategy with implementation in mind;

• accommodates change and is capable of modification to include cultural heritage agreements; and

• includes administration and technical support.

Native Title TraKS is currently in the final stages of development and is expected to be launched later in 2017.


PBC Website DevelopmentThis year, QSNTS commenced an initiative in website development on behalf of PBCs to create a digital presence for Traditional Owners, share information about the community with internal and external stakeholders, and provide an access point for other initiatives, such as the Native Title TraKS agreements database and cultural heritage information. QSNTS is currently working together with eight PBCs to develop professional websites that represent their corporations and communities.

South-East Queensland Tourism InitiativeQSNTS was a founding partner of the South-East Queensland Tourism Initiative which launched in June 2017 to assist Traditional Owners in identifying and leveraging economic development opportunities in Indigenous tourism. The initiative is supported by key stakeholders, including the Queensland Tourism Industry Council, the University of Queensland, Indigenous Business Australia and the Indigenous Land Corporation, and incorporates participation by Traditional Owner groups in Queensland’s south-east region.

Cultural HeritageAlthough in its earliest stages of development, QSNTS has undertaken consultation over the viability of a service that assists Traditional Owners with cultural heritage matters arising from the Aboriginal Cultural Heritage Act 2003 (Qld). A

business model has been proposed and plans for the project have been incorporated into QSNTS’ future strategic planning discussions.

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

Primarily, QSNTS conducts this work through three channels:

• QSNTS itself, as an organisational function;

• The QRBA; and

• As a member organisation of the NNTC.

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

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


• North Queensland Land Council;

• Cape York Land Council;

• Torres Strait Regional Authority;

• Carpentaria Land Council Aboriginal Corporation; and

• QSNTS.

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

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

The NNTC is governed by a CEO and comprises a membership of 11 stakeholders, namely:

• Central Land Council;

• Goldfields Land and Sea Council;

• Kimberley Land Council;

• Native Title Services Victoria;

• North Queensland Land Council;

• Northern Land Council;

• NTSCorp;

• QSNTS;

• South Australian Native Title Services;

• South West Aboriginal Land and Sea Council; and

• Yamatji Marpla Aboriginal Corporation.

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

Reform Priorities in 2016-17In the 2016-17 reporting period, reform priorities for QSNTS autonomously and together with the QRBA and NNTC included the following:

State Connection Guidelines

For much of 2016, the QRBA was working in consultation with the State of Queensland to review its Connection Guidelines in respect of native title claims and connection material, finally settling the matter early in the 2016-17 financial year. The Revised Connection Guidelines were inducted among industry research officers and consultant anthropologists at the Native Title Anthropology


Conference on 10 November 2016. The guidelines aim to streamline the connection assessment process, with flow-on effects extending to shorter timeframes for claim settlement and reduced consultant costs.

PBC Support Strategies

Throughout the reporting period, QSNTS undertook a range of individual advocacy activities which collectively contributed toward the strategic direction of PBC support within the native title sector, both at the state level and nationwide. Activities include:

- The establishment of a project developed by the QRBA in consultation with State Minister for Natural Resources and Mines Dr Anthony Lynham, aiming to settle a Schedule of Fees which reflects the administrative costs borne by PBCs associated with processing notices under the future acts regime;

- The establishment of the Deloitte Governance Project in conjunction with QSNTS, Deloitte, the Quandamooka Yoolooburrabee PBC and the Kalkadoon PBC, which aims to test the findings from the Deloitte Review into Native Title Organisations against real-world case studies; and

- Participation in the DPMC’s PBC Support Strategy Forum in November 2016 and the provision of a joint submission by QSNTS and the QRBA in regards to the DPMC’s PBC Support Strategy Consultation Paper.

Notably, the NNTC has also turned its attention to PBC support functionality this year, progressively

implementing a new structure which serves to address three priority areas of reform for the benefit of PBCs: economic matters, social and cultural matters, and administrative matters. As part of its new strategic direction, the NNTC has also laid plans to expand membership eligibility criteria to include PBC Directors.

Regional Planning

Early in 2017, the Department of Infrastructure, Local Government and Planning (DILGP) engaged QSNTS in regards to the new provisions of the Planning Act 2016 (Qld), which prioritise consultation with Traditional Owners in the development and implementation of government regional plans. In March and again in April 2017, the DILGP held workshops with Traditional Owners under QSNTS’ guidance, in order to carry out the aforementioned consultation process, and the resulting ShapingSEQ regional plan incorporating Traditional Owner feedback is scheduled for release in August 2017.

SEQ Indigenous Tourism Initiative

With the Quandamooka People transitioning from a sand-mining economy to a broader service and tourism economy, along with the development of the new Queens Wharf Precinct and the upcoming Commonwealth Games, QSNTS commenced the development of the SEQ Indigenous Tourism Initiative in August 2016. A Coordinating Committee to support the project was assembled in December 2016 and the first workshop with Traditional Owners was hosted in June 2017. The workshop resulted in an accord to bring nominated


representatives from Traditional Owner groups on board with the Coordinating Committee to help guide the project and its future direction.

Native Title Act (ILUA) Bill

In March 2017, the NNTC made a submission and gave evidence before the Senate Legal and Constitutional Affairs Committee Inquiry into the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017, which followed the McGlade decision of the High Court of Australia affecting Applicant unanimity on ILUAs. The NNTC supported the Bill, which was then passed into law in June 2017.

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

NAIDOC WeekThis year, QSNTS participated in NAIDOC Week celebrations held on Friday, 9 July 2016, hosting stalls at both the Musgrave Family Fun Day in Brisbane, and the Annual NAIDOC Expo in Rockhampton.

Centred on this year’s theme, ‘Songlines: The living narrative of our nation’, the 2016

NAIDOC Week events were an overwhelming success, with QSNTS staff engaging more than 1,500 visitors collectively across both sites to share news, information and developments in the field of native title in Queensland.

QSNTS stalls each featured colourful displays of photographs from consent determinations made since 2011, as well as maps displaying the native title claim areas within the QSNTS region of responsibility. Children enjoyed the Indigenous art colouring-in station, while parents and other visitors were given USB sticks preloaded with the QSNTS Native Title Handbook and the current map of native title claims. Feedback from both the Brisbane and Rockhampton events was positive, setting the pace for QSNTS’ next stalls at the 2017 NAIDOC Week celebrations.

Centre for Native Title Anthropology WorkshopOn 10-11 November 2016, QSNTS, together with the Australian Government Attorney General’s Department and the Australian National University, convened the Native Title Anthropology Workshop in Brisbane, bringing together key stakeholder and practitioners to canvas emerging issues in native title research and anthropology.

Day One of the Workshop acted as a launch pad for the State’s Revised Connection Guidelines which were settled after extensive consultation with the QRBA, and presentations also explored the challenges associated with ‘second generation’ issues, such as compensation applications and applications to vary or revoke a native title determination.


Day Two acted as an internal workshopping exercise for QSNTS research officers and consultant anthropologists as part of the implementation of the IMD, covering how anthropology will be encompassed in the new organisational structure and how research can be utilised both before and after a native title determination has been made.

Mount Isa RefurbishmentOn 28 July 2016, QSNTS celebrated the opening of its newly refurbished Mount Isa office with a networking event for Traditional Owners and other stakeholders to canvas new opportunities for self-determination throughout the region.

Stakeholders attending the event included representatives from MMG, Mount Isa City Council and the Department of Housing and Public Works, as well as Traditional Owners and PBC Directors from the Pitta Pitta, Kalkadoon, Yulluna, Bularnu Waluwarra and Wangkayujuru, Mitakoodi and Mayi Peoples, and the Wangkamahdla Nation.

With several projects and other developments tabled for the Mount Isa region, the event served to connect Traditional Owners with local stakeholders pertinent to economic development, potentially opening new partnerships leading to employment, community investment, and mutually rewarding relationships.

National Native Title ConferenceThe 2017 National Native Title Conference was held on 5-7 June 2017 in line with celebrations commemorating the 25th anniversary since the High Court of Australia handed down its landmark decision on Mabo, overturning the doctrine of terra nullius and paving the way for the native title recognition nationwide.

Held in Townsville and co-hosted by the Australian Institute of Aboriginal and Torres Strait Islander Studies and the North Queensland Land Council, the conference presented as a reflection upon the impact of the Mabo judgement and featured over 150 speakers covering native title issues in history, in the present, and in the future.

Among the speakers at this year’s Conference was QSNTS CEO Kevin Smith, who presented on the ‘Fusion of Law and Politics’ and the impact of both on Traditional Owners throughout history. PLO Tim Wishart, Regional Services Coordinator Rachel Bray and Consultant Eugine McKluskey together showcased the QSNTS Native Title TraKS database to attendees at the conference, and DPLO Andrea Olsen also gave a presentation with Scott Singleton regarding the Australian Law Reform Commission’s recommendations for amendments to the NTA.

CORPORATE REPORT



GOVERNANCEStatement of Main Corporate Governance Practices in PlaceThe QSNTS governance framework comprises of the following elements:

• Legislative framework (Native Title Act 1993, Corporations Act 2001)

• QSNTS Constitution;

• QSNTS Board Charter;

• Board of Directors;

• CEO and Executive Team; and

• Management Team

QSNTS Directors and Office Bearers as at 30 June 2017:

Chairperson Colleen Wall

Deputy Chairperson Bradley Saunders

Director Bernie Yates

Director Michael Cawthorn

Director Pele Bennet

Director Selwyn Button


CORPORATE GOVERNANCEAt the foundation of QSNTS’ governance structure is the QSNTS Constitution, which specifies that the objective of the company is to provide native title services to Traditional Owners of lands and waters in its region of responsibility.

The Constitution provides rules and regulations for internal governance, including instructions for the composition of the Board of Directors, which, at present, comprises six Directors (including the Chair and Deputy Chair), four of whom are of Aboriginal and/or Torres Strait Islander descent.

The Board is subject to a Code of Conduct, which stipulates the standards to be upheld by all Board members. A series of Governance Policies also entrench the role of the Board in relation to QSNTS, namely decision-making, strategic planning and delegation of responsibilities and authority to the CEO. Supporting the Board of Directors is a Governance Sub-Committee, which operates according to Terms of Reference and serves to monitor Board performance, as well as ensure its legal, ethical and functional obligations are being met.


BOARD MEMBERS AS AT 30 JUNE 2017

Colleen Wall – Chairperson

Colleen is the daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beezley (nee Minniecon), and a Senior Dauwa Kabi Woman from the Mary tributaries. Colleen is knowledgeable in Aboriginal Land Law and cultural balance in healing through Ancestors, recognising the responsibility that grandmothers hold in maintaining this practice. She also acknowledges Mother Earth and respective Murang (Totems) as significant beings in maintaining balance in spiritual, physical and mental health, as well as the value of teaching children’s lore stories in developing healthy cultural growth among youth. Colleen is currently a Member of Family Law Council Australia and has presented an Aboriginal Child Rearing Practice paper to them. She also works to deliver cultural programs such as Black History Month for Brisbane City Council and the Clancestry Festival for the Queensland Performing Arts Centre. Currently, Colleen is working on a project documenting Aboriginal Grandmother’s Law for use in areas such as child protection and family law. Colleen is also currently developing an Indigenous Engagement Policy for Brisbane Power House.

Bradley Saunders – Deputy Chairperson

A Regional Director of the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA), Bradley boasts significant experience leading complex organisations to implement and manage successful programs addressing human rights for Indigenous peoples in the areas of employment, education and training, child safety and housing in remote and rural Queensland. Bradley is a Gunggari (‘goon-gar-ee’) Aboriginal traditional owner from the Maranoa River region of Western Queensland who brings personal knowledge about Aboriginal and Torres Strait Islander customs and protocols, along with extensive experience negotiating with and for Aboriginal groups and leading Aboriginal organisations.

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


Bernie Yates – Director

Born and raised in Broken Hill, Western New South Wales, Bernie is a father of four and grandfather of five who now hails from Canberra in the Australian Capital Territory. He currently works part-time as a volunteer and a consultant, with a focus on improving the capacity of both Indigenous organisations and government agencies to strengthen their working relationships and ability to achieve positive outcomes. Prior to retiring from the Australian Public Service, Bernie worked in policy and service delivery areas for various Federal Government agencies, including Treasury and Employment and Industrial Relations. Bernie moved into Indigenous affairs in the early 2000s, first with ATSIC and the then the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Before retiring, Bernie was involved in developing the Council of Australian Governments’ Closing the Gap Strategy and represented the Australian Government at the United Nations Permanent Forum on Indigenous Affairs. He is also an independent director of an Aboriginal Medical Service in the Top End.

Pele Bennet – Director

Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits - Totemic association: Kadal (Saltwater Crocodile) & Baidham (Tiger Shark). Born and raised in Brisbane and now a proud member of the region’s Indigenous community, Pele commenced her career as a trainee in hearing health and has since worked within the health sector for approximately 16 years. Pele now sits on the board as a Director of Queensland’s oldest community-controlled health organisation, ATSICHS, and has maintained a clear sense of obligation to support Aboriginal and Torres Strait Islander workers, families and communities, committing herself to better health outcomes and opportunities for Indigenous Australians to help them succeed in their life journeys. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, and certificates as a trainer/educator and mentor. Pele is also currently working toward a certificate-level qualification in company directorship.

Selwyn Button – Director

Selwyn is a Gunggari man raised in Cherbourg, South West Queensland. Prior to his appointment as Assistant Director-General, Indigenous Education – State Schools in August 2014, Selwyn held the position of CEO to the Queensland Aboriginal and Islander Health Council (QAIHC) and was the Chairperson of the Aboriginal and Torres Strait Island Community Health Service Brisbane Limited. A former teacher and police officer with the Queensland Police Service for approximately six years, Selwyn has also served as Director, Indigenous Health Policy Branch with Queensland Health and worked within the Department of Education and Training. Selwyn is also a Director of The Lowitja Institute, Oxfam Australia and has served on a variety of councils and committees, including the Queensland Indigenous Education Consultative Committee, Queensland Council of Social Services and the Queensland Aboriginal and Torres Strait Islander Human Services Coalition.

Michael Cawthorn – Director

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


EXECUTIVE MANAGEMENTThe QSNTS Executive Team consists of:

• Mr Kevin Smith, CEO;

• Mr Paul Davies, CFO; and

• Mr Tim Wishart, PLO.

Kevin Smith – CEO

Kevin is a descendant of the Meriam Peoples of the Torres Strait with traditional connections to Ugar (Stephen Island) and Erub (Darnley Island). Kevin has over 20 years’ professional experience in Indigenous affairs including senior positions with the National Secretariat of Torres Strait Islander Organisations, the Brisbane Aboriginal and Torres Strait Islander Legal Service, the NNTT, the NNTC and Aboriginal Hostels Limited. Notably, Kevin successfully led the amalgamation and incorporation of the former Gurang and greater Mount Isa region of Carpentaria Land Council areas into QSNTS in 2008. He holds qualifications in both law and business management from the University of Queensland, and was admitted as a solicitor in 1994.

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

Meeting AttendanceFrom the period from 1 July 2016 to 30 June 2017, Director attendance at Board meetings was as follows:

Directors

No. of Meetings Eligible

to Attend

No. of Meetings Attended

Colleen Wall (Chairperson)

4 2

Bradley Saunders (Deputy Chairperson)

4 4

Michael Cawthorn 5 4

Bernie Yates 5 5

Pele Bennet 4 3

Selwyn Button 4 2


Tim Wishart – PLO

Tim has worked in legal practices for 28 years and was admitted to practise as a solicitor in 1991. His legal background is predominantly in litigation and commercial law. Tim was appointed as QSNTS’ PLO in September 2011 and has been identified by Doyles Guide as a nationally leading native title lawyer for the past two years.

Paul Davies – CFO

Paul was admitted as a Certified Practicing Accountant in 2003 after completing his studies at the Queensland University of Technology. Paul has acquired a range of experience in the public and not-for-profit sectors, both in Australia and overseas. With eight years’ experience in native title working for both NTSP/NTRBs in Queensland, Paul has the skills required to assist PBCs to develop and maintain their corporate structures.

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

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

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

3. Strengthening organisational capability and reputation;

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

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

QSNTS maps its accomplishments in several ways.

The first is through the annual QSNTS Operational Plan, which, in this reporting period, was provided to the Department of Prime Minister and Cabinet on 26 May 2016. The Operational Plan comprises the QSNTS project plans relating to native title claims and PBC support activities carried out by the organisation. Performance against the QSNTS Operational Plan is assessed by the Executive team on a quarterly basis, and a wider organisational performance report is submitted to the DPMC for review on a biannual basis.

The second tool used for monitoring performance is the QSNTS Dashboard, which comprises a clear and concise assessment of the tangible native title outcomes QSNTS has assisted Traditional Owners to achieve during the lifetime of the organisation’s strategic plan. The Dashboard presents data pertaining to the native title determinations and other outcomes (such as ILUAs and alternative settlements) achieved for Traditional Owners, and presents the organisation’s ongoing workload to assist in the development of the succeeding strategic plan. The 2013-2016 Strategic Plan concluded as of 30 June 2017 after the Board approved a 12-month extension on its applicability, and the associated Dashboard has assisted in the development of the successive 2017-2021 Strategic Plan.

In this reporting period, QSNTS also conducted its first Client and Stakeholder Satisfaction Survey to gather feedback on performance, brand perception and where QSNTS services can be expanded or improved for the benefit of Traditional Owners. This survey was conducted between August and September 2016 and assisted to inform the QSNTS Services catalogue currently in development.


Operational FunctionalityAs part of the organisational risk management strategy, QSNTS adopts a Corporate Policies and Procedures Manual which serves to minimise risk by standardising business functions and service delivery in most areas, such as financial management, knowledge management, event management and communications. In the 2016-17 reporting period, the Corporate Policies and Procedures Manual was updated and endorsed by the Executive team to reflect structural and operational adjustments made in recent years.

In addition to the Corporate Policies and Procedures Manual, QSNTS has also developed a Legal Practice Manual, which was endorsed in the 2016-17 financial year. The Legal Practice Manual extensively incorporates advice received from Darryl Rangiah QC (now an Honourable Justice of the Federal Court) and Justin Carter to protect against operational risks associated with the delivery of legal services, such as conflicts of interest, waiving professional privilege, and client confidentiality.

Data Protection and RetentionQSNTS adopts the use of an electronic data management system to manage operational documents from initial drafting to final disposal. Following the transition from the Total Records and Information Management (TRIM) system to the Hewlett Packard Records Management (HPRM) system in early 2015, QSNTS has retained its

RISK MANAGEMENTGovernanceMaintaining Board independence is crucial to the fair and effective delivery of services by QSNTS. To this end, all members of the QSNTS Board of Directors are expected to abide by the QSNTS Governance Policies and a Code of Conduct, while the disclosure of any real or perceived conflicts of interests is a standing agenda item at each quarterly Board meeting. Supporting the Board of Directors is a Governance Sub-Committee, which operates according to Terms of Reference and serves to monitor Board performance, as well as ensure its legal, ethical and functional obligations are being met.

In the 2016-17 reporting period, the QSNTS Board of Directors also supported an organisational move to establish an Audit and Risk Committee, which is bound by the terms of the Committee Charter. The Committee is charged with reviewing the appropriateness of financial reporting, performance reporting, systems of risk oversight and management, and systems of internal controls. In future, the Committee will also review QSNTS’ financial statements and provide recommendations to the Board in respect of key findings.

Left: Regional Services Coordinator Rachel Bray and Community Relations Officer Richard Sporne at the Darumbal People’s consent determination hearing, Right: Guests at the refurbished Mount Isa office launch.


commitment to minimising risk through stringent record keeping in accordance with the QSNTS Corporate Policies and Procedures Manual.

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

QSNTS’ record management system ensures obligations are met in respect of information discovery and regulatory requirements, consequently supporting organisational transparency and governance. Data is backed up on a bi-weekly basis and stored in an external data centre for salvation, preventing loss of corporate knowledge in the event of an incident affecting on-site data management.

Human ResourcesQSNTS operates in a dynamic environment that often requires a responsive approach to meeting the ebb and flow of operational demand that is inherent to the native title sector. To ensure this work is managed with minimal risk to clients and to the organisation itself, QSNTS undertakes ongoing workforce planning to address client needs as they arise.

Left: CEO Kevin Smith and Board Director Bradley Saunders at the Mount Isa office reopening, Right: Participants at the SEQ Indigenous Tourism Initiative Workshop.

In this reporting period, QSNTS has undertaken extensive planning as a first step toward greater support for Traditional Owners in both the pre- and post-determination environments. In particular, the establishment of the IMD underpinned minor position description adjustments, and a change implementation plan is currently in development to identify existing skills gaps and prioritise training for existing staff to address these.

In general, QSNTS endeavours to minimise the risk of potential workplace disputes by ensuring compliance with relevant workplace laws, carrying out consultations with the representative union in respect of employment conditions, and acquiring independent legal advice about employee relations when necessary. At present, all staff are employed under the QSNTS Enterprise Agreement 2015-17, which was accepted by the Fair Work Commission on 19 August 2015 and governs all aspects of employment with QSNTS, including remuneration frameworks, leave entitlements, and ordinary employment conditions.

Stakeholder RelationshipsQSNTS recognises Traditional Owners as its most important stakeholders, and endeavours to build and maintain client relationships that are positive, empowered and long-lasting. To this end, QSNTS expects employees to maintain a high standard of integrity, honesty and fair dealing, and to conduct themselves at all times so as to reflect positively on the good standing and best interests of the organisation and its clients.


It is a requirement among employees that cultural diversity be recognised and respected to provide culturally appropriate services that are professional, accountable, collaborative and openly communicated. In pursuing this goal, QSNTS at all times aims to:

- treat all clients fairly and impartially;

- recognise and respect cultural and other diversity;

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

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

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

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

These standards of service and organisational objectives are detailed in the QSNTS Policy and Procedure Manual, which is available to all employees on the company intranet and through the records management system. To ensure Traditional Owners enjoy the same respectful treatment during all interactions with the organisation, QSNTS also mandates cultural sensitivity training for employees shortly following commencement, and employees are assessed in accordance with the organisation’s ethical standards and values concurrently with regular performance reviews. Breaches of ethical standards are treated seriously and may result in appropriate disciplinary action.

In the event a Traditional Owner or Traditional Owner group is dissatisfied with a decision made by QSNTS or in the way they have been treated by QSNTS staff, they are at liberty to request an internal review under s 203BI of the NTA and in accordance with the QSNTS policy on handling complaints, which is available for public viewing on the QSNTS website.

EXTERNAL SCRUTINYQSNTS commissions an independent auditor on an annual basis to undertake an audit of the financial statements and provide the Board with a completion report which summarises any key findings and recommendations. During this reporting period, an independent annual financial audit was conducted by PKF Di Bartolo Diamond & Mihailaros and is appended to this report.

HUMAN RESOURCES REPORT



Left: Company Secretary Michelle McCann with Chair of the Board Colleen Wall, Right: QSNTS CEO Kevin Smith with Quandamooka Yoolooburrabee Aboriginal Corporation CEO Cameron Costello at the Fifth Anniversary of the Quandamooka People’s consent determination.

WORKFORCE PLANNINGQSNTS undertook significant work around workforce planning, including the amendment of the QSNTS Capability Framework and position descriptions to support the restructuring of services for the implementation of the IMD.

As part of this process, QSNTS conducted multiple workshops with staff to review the changing nature of the organisation’s services and how various roles would be adjusted to support IMD-related services into the future. Recruitment in this reporting period was also tailored to allow for the different nature of the work, particularly in attracting new legal officers to vacant positions within the organisation.

The change management process was reviewed in April and May of 2017 with results indicating a need for additional management structures to ensure there was appropriate focus on the legal work in the future acts and PBC area. A new DPLO role is also in development with recruitment intended early in the coming financial year.

WORKFORCE PROFILE, RETENTION AND TURNOVERAs at 30 June 2017, QSNTS has a workforce of 57 staff with a profile as follows:

Permanent 33

Contract 24

Casual 0

F/Time 52

P/Time 5

Male 26.3%

Female 73.7%

Indigenous 24.3%

TOTAL 57

There were a total of seven exits during this reporting period, which gives a turnover rate of 12.2%. Additionally, four staff on secondments to other teams or on fixed-term contracts were confirmed as being permanent in their roles.


TRAINING AND DEVELOPMENTQSNTS remains committed to providing training and development opportunities for all of our staff. Excluding mandatory training, such as for safety and cultural awareness, a breakdown of training opportunities by business functions during this reporting period is as follows:

Legal (49.65%)

Research (18.36%)

Community and Client Relations (14.28%)

Corporate (10.23%)

Management (7.48%)

Notably, in July of 2016, QSNTS delivered an administrative traineeship to a trainee within its Corporate Support team, which included training in a Certificate III in Business, as well as work activities relevant to the training. The traineeship was completed in April 2017 and the trainee went on to secure an administrative assistant position in the QSNTS Corporate Support team.

ENTERPRISE AGREEMENTNegotiations for the QSNTS Enterprise Agreement 2017-19 commenced in March 2017. Bargaining representatives included self-elected staff members and a CPSU bargaining team comprising two union members nominated by fellow CPSU union representatives. The QSNTS Enterprise Agreement 2017-19 will be filed in the Fair Work Commission in September 2017.

Left: Events Officer Erin Lang at the Mithaka People’s consent determination, Right: Legal Officer Craig Reiach at the Pitta Pitta People’s consent determination.


OCCUPATIONAL HEALTH AND SAFETY QSNTS staff participated in information sessions on good ergonomic practices and completed ergonomic assessments in September 2017, carried out by Wesley Health at the Brisbane office.

QSNTS also continues to provide mandatory First Aid and Four Wheel Drive (4WD) training for operational staff.

LOOKING AHEAD: HUMAN RESOURCES IN 2017-18There will be a focus on change management and developing a workforce strategy across the rest of 2017 and into 2018 to support the QSNTS strategic plan currently in development, and in particular the transition to greater PBC support through the IMD.

QSNTS is committed to supporting the transition with relevant professional development to ensure staff are equipped to provide new services to clients. An individual skills audit will be undertaken in order to assess how to best resource the work and build capacity across all teams.

Aside from training requirements identified to meet operational needs, there is also continual review of ‘whole of organisation’ training to support staff. The Having Difficult Conversations and Resilience training will continue to be rolled out for staff in the coming year, and Cultural Awareness training will again be offered two to three times in the coming year as part of mandatory procedures for new employees.

In the latter half of 2017 a management workshop will be developed and rolled out to managers to support the implementation of the new QSNTS Enterprise Agreement 2017-19, ensuring consistency in practice around access to the provisions of the agreement for all staff.

Left: Directors Brad Saunders and Pele Bennet with CEO Kevin Smith at the Darumbal People’s consent determinationa, Right: PLO Tim Wishart at the Boonthamurra People’s consent determination.

FINANCIAL REPORT



TABLE OF CONTENTSDirectors’ Report ...........................................................................................................................................................62

Auditor’s Independence Declaration ........................................................................................................................67

Financial Report

Statement of Comprehensive Income ................................................................................................................68

Statement of Financial Position ..........................................................................................................................69

Statement of Changes in Equity ..........................................................................................................................70

Statement of Cash Flows ....................................................................................................................................70

Notes to the Financial Statements .....................................................................................................................71

Directors’ Declaration ..................................................................................................................................................80

Independent Audit Report ..........................................................................................................................................81

Auditors’ Disclaimer of Additional Information ........................................................................................................85

Additional Information ..................................................................................................................................................86


DIRECTORS’ REPORTQueensland South Native Title Services Limited | ABN 88 114 581 556Your directors present their report on the company for the financial year ended 30 June 2017.

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

Colleen Wall

Bradley Saunders

Michael Cawthorn

Bernie Yates

Pele Bennet

Selwyn Button

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

Information on DirectorsThe information on directors is as follows:

Colleen Wall (Chairperson)

Daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beezley (nee Minniecon), Colleen is a Senior Dauwa Kabi Woman from the Wide Bay and Munna Creek tributaries of the Mary River. Colleen works from an Aboriginal Land Law framework and through Grandmother’s Law and strives to achieve a cultural balance for healing. Her aim is to have Grandmothers recognised by governments and the legal system as key drivers in the traditional practice of child rearing. Colleen is developing a Cultural Care program for children in long term care informing them and their carers on the basics around Aboriginal Grandmother’s Law and the growing up of resilient, respectful and responsible children. She teaches respect for Mother Earth and Murung (Totems) as significant beings in maintaining balance in spiritual, physical and mental health and through children’s Lore Stories shows their importance in the healthy cultural growth of our young ones. Colleen is a former Member of Family Law Council Australia and her paper on Grandmother’s Aboriginal Child Rearing Practice is on their website. She is currently cultural advisor to Queensland Performing Arts Center and Brisbane Power House (Australian Performing Arts Market). Colleen has recently worked for Save the Children, Anglicare and Relationships Australia Queensland and is now working with the global research group IPSOS on the Women’s Safety Package.


Bradley Saunders (Deputy Chairperson)

A Regional Director of the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA), Bradley boasts significant experience leading complex organisations to implement and manage successful programs addressing human rights for Indigenous peoples in the areas of employment, education and training, child safety and housing in remote and rural Queensland. Bradley is a Gunggari (goon-gar-ee) Aboriginal traditional owner from the Maranoa River region of Western Queensland who brings personal knowledge about Aboriginal and Torres Strait Islander customs and protocols, along with extensive experience negotiating with and for Aboriginal groups and leading Aboriginal organisations.

Michael Cawthorn (Director)

Michael is from Melbourne and has lived in Alice Springs for the past fourteen years. He is a consultant anthropologist and Honorary Fellow with the Northern Institute, Charles Darwin University. Michael has a background working in museums, with government and Aboriginal land councils. His professional experience includes native title, material culture research, cultural heritage protection, negotiation and land access agreement making and research and advice in relation to repatriation programs. Michael was previously Deputy Director of the Museum and Art Gallery of the Northern Territory and the Strehlow Research Centre, and also served as Vice President of Museums Australia (NT).

Bernie Yates (Director)

Since 2010, Bernie has worked part-time as a volunteer and a consultant, with a focus on improving the capacity of both Indigenous organisations and government agencies to strengthen their working relationships and ability to achieve positive outcomes. Prior to this, Bernie’s career was in the Australian Public Service working in policy and service delivery areas for various agencies, including Treasury and Employment and Industrial Relations. He moved into Indigenous affairs in the early 2000s, with ATSIC and the then Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Bernie was involved in developing the Council of Australian Governments’ Closing the Gap Strategy and represented the Australian Government at the United Nations Permanent Forum on Indigenous Affairs. He is also an independent director of an Aboriginal Medical Service in the Top End.

Pele Bennet (Director)

Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits - Totemic association: Kadal (Saltwater Crocodile) & Baidham (Tiger Shark). Mother of four, Born and raised in Brisbane and is a proud member of the region’s Indigenous community, Pele currently works as A/Manager in the Department of Communities, Child Safety and Disability Services with an extensive career in the Health Sector. Pele commenced her career as a trainee health worker and built her career in the areas of Preventative health. Pele continued to work within government and the non-government sector for over 18 years. Previously employed at Queensland Aboriginal and Islander Health Council as General Manager in Capacity and Development and Director of the Aboriginal and Torres Strait Islander Community Health Service. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, and certificates as a trainer/educator and mentor. Pele joined the QSNTS Board in 2015.


Selwyn Button (Director)

Selwyn is a Gunggari man raised in Cherbourg, South West Queensland. Prior to his appointment as Assistant Director-General, Indigenous Education – State Schools in August 2014, Selwyn held the position of CEO to the Queensland Aboriginal and Islander Health Council (QAIHC) and was the Chairperson of the Aboriginal and Torres Strait Island Community Health Service Brisbane Limited. A former teacher and police officer with the Queensland Police Service for approximately six years, Selwyn has also served as Director, Indigenous Health Policy Branch with Queensland Health and worked within the Department of Education and Training. Selwyn is also a Director of The Lowitja Institute, Oxfam Australia and has served on a variety of councils and committees, including the Queensland Indigenous Education Consultative Committee, Queensland Council of Social Services and the Queensland Aboriginal and Torres Strait Islander Human Services Coalition. Selwyn joined the QSNTS Board of Directors on 10 July 2015.

Meetings of Directors During the reporting period the Board held five meetings. Details of attendance by individual Board members are provided below:

Attendance at Board and Committee Meetings 1 July 2016 – 30 June 2017

DIRECTORS DIRECTORS’ MEETINGS

Meetings Eligible to attend Meetings attended

Colleen Wall (Chairperson) 4 2

Bradley Saunders (Deputy Chair) 4 4

Michael Cawthorn 5 4

Bernie Yates 5 5

Pele Bennet 4 3

Selwyn Button 4 2

Operating ResultsThe operating result for the financial year was a deficit of $467,994 (2016: surplus of $121,082). A large proportion of the deficit can be attributed to the impairment of the Mt Isa building in the amount of $289,377.

Principal ActivityThe objects of the company are pursued by:

1) providing native title services to Aboriginal and Torres Strait Islander People in the southern half of Queensland as prescribed in the Native Title Act 1993 (Cth);

2) enhancing the capacity of Traditional Owners to be autonomous in pursuing their rights and interests; and

3) advocating for reform and improvement to the native title system.


Objectives

QSNTS aims to assist traditional owners to realise their aspirations to land and waters through the provision of statutory services, capacity development initiatives and system reform. The short to medium term focus of the organisation is the preparation, prosecution, negotiation and settlement of current and prospective native title claims. Supporting this objective is the development of traditional owner capacity to understand the native title process throughout the claim process and continuing into the future following a determination. In addition, QSNTS performs advocacy of broader reform to achieve procedural and substantive outcomes that make the native title process more fair and equitable. QSNTS aims to expand the range of options available for the successful resolution of native title claims. To give effect to a substantial change to its funding agreement in 2015-16, QSNTS developed an internal strategy that included a major organizational restructure to expand its PBC support mechanisms by establishing the Implementation and Management Division (IMD).

Under s203FE of the Native Title Act 1993 (Cth), QSNTS’ role is to carry out the functions of a native title representative body as prescribed in the Native Title Act. That includes:

Facilitation and assistance (s203BB)

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

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

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

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

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

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

Other functions (s203BJ)

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

The long term objective of QSNTS is to expand the range of statutory services to both native title claimants and native title holders to ensure that traditional owners can harness the economic and social opportunities associated with native title whilst protecting, practicing and preserving their culture, rights and interests to land and waters for present and future generations. It is the vision of QSNTS that through native title, we drive the achievement of Indigenous self-determination to redress the past, strengthen the present and empower the future.


Strategy for Achieving the Objectives

To meet its obligations under the new funding agreement, QSNTS restructured itself to incorporate an Implementation and Management Division (IMD) dedicated to the delivery of support services to Traditional Owners following a positive native title determination. The strategic purpose of the IMD is to commence PBC support work while a native title claim is still on foot, and run parallel with the claim teams.The claim teams work with appropriate external experts to develop, implement and review case plans, in consultation with clients and stakeholders, designed to gather credible and comprehensive evidence that achieves native title and related outcomes within designated timeframes. The operational needs of the organisation are supported by a corporate team, including finance, human resources, information technology, event management and communication support.

More specifically, QSNTS undertakes a number of strategic activities and initiatives to achieve the organisational objectives. These include:

• Implementing sound governance and decision making structures that ensure strategic, operational, financial and case management plans are integrated as well as appropriately devised, implemented and reviewed;

• Adhering to best practice electronic file management and maintaining information barriers that maintain client confidentiality;

• Fostering partnerships with key stakeholders including other native title representative bodies and service providers, QSNTS’ funding body the Department of the Prime Minister and Cabinet, State Government departments and Crown Law;

• Participating in advocacy through the National Native Title Council and also by making submissions on legislative and administrative reform;

• Extending organisational reach via regional offices in Mount Isa and Rockhampton;

• Assisting Prescribed Bodies Corporate with a range of services including incorporation, communications, corporate governance, native title decision making processes and grant writing;

• Undertaking regular communication with claim groups through a range of means including claim specific newsletters.

Significant Changes in State of Affairs

No significant changes in the state of affairs of the company occurred during the financial year.

Contributions on Winding up

In the event of the company being wound up, ordinary members are required to contribute a maximum of $10 each. The total amount that members of the company are liable to contribute if the company is wound up is $50, based on five current members.

Signed in accordance with a resolution of the Board of Directors:

Director ___________________________ Director ____________________________ Colleen May Wall Bradley Saunders

Dated: 26 October 2017


Di Bartolo Diamond & MihailarosAn Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

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

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

PARTNERS: Ross Di Bartolo B.A (Accounting). FCA George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

Auditor’s Independence DeclarationUNDER SECTION 307C OF THE CORPORATIONS ACT 2001 TO THE DIRECTORS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

I declare that, to the best of my knowledge and belief, during the year ended 30 June 2017 there have been:

• no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in relation to the audit; and

• no contraventions of any applicable code of professional conduct in relation to the audit.

PKF Di Bartolo Diamond & Mihailaros

Ross Di Bartolo Partner




The accompanying notes form part of these financial statements

FINANCIAL REPORTStatement of Profit or Loss and Comprehensive Incomefor the year ended 30 June 2017

Notes 2017 $

2016 $

REVENUE

Revenue from ordinary activities 2(a) 11,802,490 11,288,173

EXPENSES

Consultancy costs (2,938,777) (2,205,095)

Employee benefits expense (5,748,048) (5,634,753)

Impairment loss (289,377) -

Meeting costs (333,797) (533,320)

Occupancy costs (488,876) (474,278)

Travel expenses (983,628) (946,901)

Other expenses from ordinary activities 2(b) (1,251,310) (1,140,279)

PROFIT/(LOSS) FROM ORDINARY ACTIVITIES (467,994) 121,082

OTHER COMPREHENSIVE INCOME - -

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

TOTAL COMPREHENSIVE INCOME - -

PROFIT / (LOSS) ATTRIBUTABLE TO MEMBERS (467,994) 121,082


Statement of Financial Positionfor the year ended 30 June 2017

Notes 2017 $

2016 $

CURRENT ASSETS

Cash and cash equivalents 3 2,805,419 3,572,172

Trade and other receivables 4 286,412 210,688

TOTAL CURRENT ASSETS 3,091,831 3,782,860

NON-CURRENT ASSETS

Property, plant and equipment 5 1,177,179 1,455,904

TOTAL NON-CURRENT ASSETS 1,177,179 1,455,904

TOTAL ASSETS 4,269,010 5,238,764

CURRENT LIABILITIES

Trade and other payables 6 444,650 525,861

Provisions 7 898,472 732,658

Other Liabilities 8 621,911 1,181,713

TOTAL CURRENT LIABILITIES 1,965,033 2,440,232

NON-CURRENT LIABILITIES

Provisions 7 44,178 70,739

TOTAL NON-CURRENT LIABILITIES 44,178 70,739

TOTAL LIABILITIES 2,009,211 2,510,971

NET ASSETS 2,259,799 2,727,793

EQUITY

Retained earnings/(Accumulated losses) 2,259,799 2,727,793

TOTAL EQUITY 2,259,799 2,727,793



Statement of Changes in Equityfor the year ended 30 June 2017

Retained Earnings $

Total Equity $

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

Net Surplus for the year 121,082 121,082

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

BALANCE AT 1 JULY 2016 2,727,793 2,727,793

Net Surplus for the year (467,994) (467,944)

Balance at 30 June 2017 2,259,799 2,259,799

Statement of Cash Flows for the year ended 30 June 2017

Notes 2017 $

2016 $

CASH FLOW FROM OPERATING ACTIVITIES

Operating grant and funding receipts 12,037,887 12,212,723

Receipts from customers 178,262 66,558

Interest received 45,532 72,406

Payments to suppliers and employees (12,763,043) (11,960,034)

Net cash provided by/(used in) operating activities 12(b) (501,362) 391,653

CASH FLOW FROM INVESTING ACTIVITIES

Payment for property, plant and equipment (430,390) (315,397)

Proceeds from disposal of motor vehicles 164,999 85,509

Net cash used in investing activities (265,391) (229,888)

Net increase/(decrease) in cash held (766,753) 161,765

Cash at beginning of financial year 3,572,172 3,410,407

Cash at end of financial year 12(a) 2,805,419 3,572,172



Notes to the Financial Statementsfor the year ended 30 June 2017

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES

Queensland South Native Title Services Limited applies Australian Accounting Standards – Reduced Disclosure Requirements as set out in AASB 1053: Application of Tiers of Australian Accounting Standards.

The financial statements are general purpose financial statements that have been prepared in accordance with Accounting Standards – Reduced Disclosure Requirements of the Australian Accounting Standards Board (AASB) and the Corporations Act 2001. The company is limited by guarantee, incorporated and domiciled in Australia for financial reporting purposes under Australian Accounting Standards.

Australian Accounting Standards set out accounting policies that the Australian Accounting Standards Board has concluded would result in financial statements containing relevant and reliable information about transactions, events and conditions. Material accounting policies adopted in the preparation of these financial statements are presented below and are consistently applied unless otherwise stated.

The financial report has been prepared on an accruals basis and is based on historical costs, modified, where applicable, by the measurement at fair value of selected non-current assets, financial assets and financial liabilities.

The following is a summary of significant accounting policies adopted by the Company in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated.

(a) Income Tax

No provision for income tax has been raised as the company is exempt from income tax under Division 50 of the Income Tax Assessment Act 1997.

(b) Property, Plant and Equipment

Each class of property plant and equipment is carried at cost or fair value less, where applicable, any accumulated depreciation.

Plant and equipment

Plant and equipment is measured on the cost basis.

The carrying amount of plant and equipment is reviewed annually by the directors to ensure it is not in excess of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The expected net cash flows have not been discounted to present values in determining recoverable amounts.

Depreciation

The depreciable amount of all fixed assets including buildings and capitalised leased assets, but excluding freehold land, are depreciated over their estimated useful lives to the company commencing from the time the asset is held ready for use. Properties held for investment purposes are not subject to a depreciation charge.



Leasehold improvements are amortised over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.

The depreciation rates and useful lives used for each class of depreciable assets are:

CLASS OF FIXED ASSET DEPRECIATION RATES/USEFUL LIVES DEPRECIATION BASIS

Plant & Equipment 25 – 40 % Straight Line

Motor Vehicles 12.5 % Straight Line

Furniture & Fixtures 5 – 10 % Straight Line

(c) Employee Benefits

Provision is made for the company’s liability for employee benefits arising from services rendered by employees to balance date. Employee benefits expected to be settled within one year together with benefits arising from wages and salaries, annual leave and sick leave which will be settled after one year, have been measured at the amounts expected to be paid when the liability is settled plus related on costs. Other employee benefits payable later than one year have been measured at the present value of the estimated future cash outflows to be made for those benefits.

Contributions are made by the company to an employee superannuation fund and are charged as expenses when incurred.

(d) Cash

For the purposes of the Statement of Cash Flows, cash includes cash on hand and at call deposits with banks or financial institutions, investments in money market instruments maturing within less than two months and net of bank overdrafts.

(e) Revenue

Revenue from the rendering of a service is recognised upon the delivery of the service to the customers.

Interest revenue is recognised on a proportional basis taking into account the interest rates applicable to the financial assets.

Other revenue is recognised when the right to receive the revenue has been established.

All revenue is stated net of the amount of goods and services tax (GST).

(f) Goods and Services Tax (GST)

Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office. In these circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of expense. Receivables and payables in the Statement of Financial Position are shown inclusive of GST.




2017 $

2016 $

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

(a) Revenue and Net Gains

Grant funding 11,594,902 11,155,260

Interest Income 45,532 72,406

Other Income & Services 162,056 60,507

Total Income 11,802,490 11,288,173

(b) Other Expenses

Loss on disposal of non-current assets 18,068 15,528

Board expenses 131,704 96,006

Insurances 60,634 57,105

Motor vehicle expenses 123,251 120,814

PBC direct funding 140,000 164,750

Photocopying & Printing 18,984 21,159

Repairs & Maintenance (incl minor equipment replacement) 166,973 114,659

Resources 57,614 32,713

Subscriptions 50,486 74,385

Telephone 214,162 244,062

Training & professional development 89,961 35,803

Other expenses 179,473 163,295

Total Expenses 1,251,310 1,140,279

NOTE 3: CASH & CASH EQUIVALENTS

Cash on hand 160 115

Cash at bank 2,805,259 3,572,057

2,805,419 3,572,172

NOTE 4: TRADE AND OTHER RECEIVABLES

Trade Receivables 223,022 131,456

Provision for doubtful debts (67,231) (69,066)

Prepayments 130,621 148,298

286,412 210,688


Credit Risk – Trade and Other Receivables

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

Ageing of Trade Receivables

Total Amount

$

Less than 30 Days

$

Past Due 31-60 Days

$

Past Due 61-90 Days

$

Past Due <90 Days

$

Past Due and Impaired

$

2017 Trade Receivables

223,022 7,113 130,707 - 85,202 67,231

2016 Trade Receivables

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

2017 $

2016 $

NOTE 5: PROPERTY, PLANT AND EQUIPMENT

Land and Building – at cost 996,129 968,856

Less accumulated depreciation (496,129) (153,035)

500,000 815,821

Plant and equipment - at cost 532,697 703,742


206,057 148,397

Motor vehicles - at cost 395,866 388,945


374,192 350,907

Office equipment - at cost 320,892 305,079


96,930 140,779

Total property, plant and equipment 1,177,179 1,455,904

An independent valuation of the land and building at 31 Commercial Road Mount Isa QLD was performed by Herron Todd White. The last stated market value of land and buildings is $500,000 as at 7 February 2017.



Movements in Carrying Amounts

Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the current financial year.

Land and Building

$

Plant and Equipment

$

Motor Vehicles

$

Office Equip

$

Total

$

2017

Balance at the beginning of the year 815,821 148,397 350,907 140,779 1,455,904

Additions 27,273 132,291 255,014 15,812 430,390

Disposals - - (183,067) - (183,067)

Transfers between asset class (289,377) - (289,377)

Depreciation expense (53,717) (74,631) (48,662) (59,661) (236,671)

Carrying amount at end of year 500,000 206,057 374,192 96,930 1,177,179

2017 $

2016 $

NOTE 6: TRADE AND OTHER PAYABLES

CURRENT

Trade creditors and accruals 214,783 373,160

Sundry creditors 229,867 152,701

444,650 525,861

NOTE 7: PROVISIONS

CURRENT

Employee benefits – Annual Leave & Time in Lieu Provision 460,937 395,355

Employee benefits – Long Service Leave Provision 437,535 337,303

898,472 732,658

NON CURRENT

Employee benefits – Long Service Leave Provision 44,178 70,739

44,178 70,739



2017 $

2016 $

NOTE 8: OTHER LIABILITIES

CURRENT

Income in Advance – Unexpended Grant Funds 621,911 1,181,713

NOTE 9: RELATED PARTY TRANSACTIONS

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

Colleen May Wall Bernie Yates Bradley Saunders Pele Bennet Michael Cawthorn Selwyn Button

Key Management Personnel

Key management personnel comprise directors and other key persons having authority and responsibility for planning, directing and controlling the activities of the organisation.

No transactions have occurred during the year with related parties other than normal remuneration for services rendered.

NOTE 10: ECONOMIC DEPENDENCE

Economic dependency exists where the normal trading activities of a company depends upon a significant volume of business. Queensland South Native Title Services Limited is dependent on grants received from the Department of the Prime Minister and Cabinet to carry out its normal activities.

NOTE 11: SEGMENT REPORTING

The Company operates in the Community Services Segment.

NOTE 12: CASH FLOW INFORMATION

(a) Reconciliation of cash Cash at the end of the financial year as shown in the statement of Cash Flows is reconciled to the related

items in the statement of financial position as follows:

Cash on hand 160 115

Cash at bank 2,805,259 3,572,057

2,805,419 3,572,172



2017 $

2016 $

NOTE 12: CASH FLOW INFORMATION (Cont’d)

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

Profit/(Loss) from ordinary activities after income tax (467,994) 121,082

Non cash flows in profit from ordinary activities

Depreciation 236,671 232,465

Impairment loss 289,377

Net (gain)/loss on disposal of property, plant and equipment 18,068 15,528

Provision for doubtful debts (1,835) 43,740

Changes in assets and liabilities

(Increase)/decrease in prepayments 17,677 (62,472)

(Increase)/decrease in trade receivables (91,566) (33,851)

Increase/(decrease) in trade and other payables (81,211) 32,503

Increase/(decrease) in income in advance (559,802) (18,933)

Increase/(decrease) in provisions 139,253 61,591

Cash flows from operations (501,362) 391,653

NOTE 13: FINANCIAL RISK MANAGEMENT

(i) Financial Risk Management Policies The company’s financial instruments consist mainly of cash and deposits at bank, trade debtors and trade

creditors. The Board of Directors assist the company in meeting its financial targets, whilst minimising potential adverse effects on financial performance. The total of each category of financial instruments, measured in accordance with AASB139 as detailed in the accounting policies to these financial statements are detailed below:

Financial Assets

Cash and Cash Equivalents 2,805,419 3,572,172

Trade and Other Receivables 286,412 210,688

3,091,831 3,782,860

Financial Liabilities

Trade and Other Payables 444,650 525,861

Financial Liabilities - -

Income in Advance – Unspent Grant Funds 621,911 1,181,713

1,066,561 1,707,574



(ii) Interest Rate Risk Exposure to interest rate risk arises on financial assets and financial liabilities recognised at reporting

date whereby a future changes in interest rates will affect future cash flows or the fair value of fixed rate financial instruments.

(iii) Liquidity Risk Liquidity risk arises from the possibility that the company might encounter difficulty in settling its debts or

otherwise meeting its obligations related to financial liabilities. The association manages this risk through the following mechanisms:

• preparing forward looking cash flow analysis in relation to its operational, investing and financing activities;

• maintaining a reputable credit profile;

• investing only in surplus cash with major financial institutions; and

• comparing the maturity profile of financial liabilities with the realization profile of financial assets.

(iv) Credit Risk Exposure to credit risk relating to financial assets arises from the potential non-performance by counter

parties of contract obligations that could lead to a financial loss to the company. Credit risk is managed through the maintenance of procedures ensuring to the extent possible, that customers and counter parties to transactions are of sound credit worthiness. Such monitoring is used in assessing receivables for impairment.

Risk is also minimized through investing surplus funds in financial institutions that maintain a high credit rating, or in entities that the Board and management has otherwise cleared as being financially sound. The maximum exposure to credit risk at balance date to recognized financial assets is the carrying amount as disclosed in the statement of financial position and notes to the financial statements. The company does not have any material credit risk exposure to any single debtor or group of debtors.

NOTE 14: COMMITMENTS

Operating Lease Commitments

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

2017 $

2016 $

Payable – minimum lease payments

Not later than 12 months 562,960 544,715

Between 12 months and five years 531,611 1,156,076

$1,094,572 $1,700,791

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



Research Consultancy Commitments

Agreements have been entered into amounting to $717,580 involving future payments within the next 12 months for research, consultancy and corporate services.

Legal Expenditure Commitments

Agreements have been entered into amounting to $161,710 involving future payments within the next 12 months for legal expenditure commitments.

NOTE 15: CONTINGENT LIABILITIES

The company had no known contingent liabilities as at 30 June 2017.

NOTE 16: EVENTS SUBSEQUENT TO REPORTING DATE

No matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the company, the results of those operations, or the state of affairs of the company in future financial years.

NOTE 17: COMPANY DETAILS

The registered office of the company is: Queensland South Native Title Services Limited Level 10, 307 Queen Street BRISBANE QLD 4000

Date of Incorporation: 2 June 2005


Directors’ Declaration

The directors of the company declare that:

w1. The financial statements and notes, as set out on pages 68 to 79 are in accordance with the Corporations Act 2001:

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

(b) give a true and fair view of the financial position as at 30 June 2017 and of the performance for the financial year ended on that date of the company.

2. In the directors’ opinion there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable.

This declaration is made in accordance with a resolution of the directors.

Director ___________________________ Director ____________________________ Colleen May Wall Bradley Saunders



Independent Audit Report to the Members of Queensland South Native Title Services Limitedfor the year ended 30 June 2017

REPORT ON THE AUDIT OF THE FINANCIAL REPORT

Opinion

We have audited the accompanying financial report of Queensland South Native Title Services Limited (the Company), which comprises the statement of financial position as at 30 June 2017, the statement of profit or loss and comprehensive income, statement of changes in equity and cash flow statement for the year ended on that date, notes comprising a summary of significant accounting policies, other explanatory notes and the Directors’ declaration of the financial statements giving a true and fair view of the financial position and performance of the Company.

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

i. gives a true and fair view of the Company’s financial position as at 30 June 2017 and of its financial performance and its cash flows for the year ended on that date; and

ii. complying with Australian Accounting Standards – Reduced Disclosure Requirements and the Corporations Regulations 2001.

Basis for Opinion

We conducted our audit in accordance with Australian Auditing Standards and the requirements of the Corporations Act 2001. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Report section of our report. We are independent of the Company in accordance with the requirements of the Australian professional ethical pronouncements. We believe the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.







Other Information

The directors are responsible for Other Information in the annual report. The Other Information we obtained prior to the date of this Auditor’s Report was the Director’s Report; no Other Information will be provided. Our opinion on the Financial Report does not cover the Other Information and, accordingly, the auditor does not and will not express an audit opinion or any form of assurance conclusion thereon. In connection with our audit of the Financial Report, our responsibility is to read the Other Information. In doing so, we consider whether the Other Information is materially inconsistent with the Financial Report or our knowledge obtained in the audit, or otherwise appears to be materially misstated. We are required to report if we conclude that there is a material misstatement of this Other Information in the Financial Report and based on the work we have performed on the Other Information that we obtained prior the date of this Auditor’s Report we have nothing to report.

Board’s Responsibility for the Financial Report

The board of the Company is responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards – Reduced Disclosure Requirements and the Corporations Act 2001. This responsibility includes designing, implementing and maintaining internal control relevant to the preparation and fair presentation of the financial report that is free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances.

In preparing the financial report, the board is responsible for assessing the Company’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the Board intends to wind up the Company or to cease operations, or has no realistic alternative but to do so.






Independent Audit Report to the Members of Queensland South Native Title Services Limited (Cont’d)for the year ended 30 June 2017







Auditor’s Responsibility for the Audit of the Financial Report

Our responsibility is to express an opinion on the financial report based on our audit. Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion.

Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial reports.

The procedures selected depend on the auditor’s judgement, including assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation of the financial report that gives a true and fair view in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.

An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the Directors, as well as evaluating the overall presentation of the financial report.

We conclude on the appropriateness of the Board’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the registered entity’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial reports or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to date of our auditor’s report. However, future events or conditions may cause the registered entity to cease to continue as a going concern.









We evaluate the overall presentation, structure and content of the financial report, including the disclosures, and whether the financial report represents the underlying transactions and events in a manner that achieves fair presentation.

We obtain sufficient appropriate audit evidence regarding the financial information of the registered entity to express an opinion on the financial report. We are responsible for the direction, supervision and performance of the audit. We remain solely responsible for our audit opinion. We communicate with the Directors regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.

We communicate with the board, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant audit deficiencies in internal control that we identify during our audit.










The additional financial data presented on page 85 is in accordance with the books and records of the company which have been subjected to the auditing procedures applied in our statutory audit of the company for the financial year ended 30 June 2017. It will be appreciated that our statutory audit did not cover all details of the additional financial data. Accordingly, we do not express an opinion on such financial data and we give no warranty of accuracy or reliability in respect of the data provided. Neither the firm nor any member or employee of the firm undertakes responsibility in any way whatsoever to any person (other than Queensland South Native Title Services Limited) in respect of such data, including any errors of omissions therein however caused.



Canberra


Disclaimer to the Members of Queensland South Native Title Services Limitedfor the year ended 30 June 2017


Detailed Profit and LossFor the Year Ended 30 June 207for the year ended 30 June 2017

2017 $

2016 $

INCOME

Grant funding 11,594,902 11,155,260

Interest Income 45,532 72,406

Other Income and Services 162,056 60,507

Total Income 11,802,490 11,288,173

LESS EXPENSES

Audit fees 26,207 26,761

Advertising 137,413 251,794

Bad debts written off 18,162 -

Bank charges 11,682 9,645

Board fees & associated expenses 131,704 96,005

Catering, venue hire & meetings 208,232 290,072

Computer expenses & IT Support 269,577 118,365

Consultancy fees - anthropological 920,087 890,670

Consultancy fees - legal 1,129,658 933,224

Consultancy fees – research & facilitators 45,800 68,591

Consultancy fees – other 203,266 16,305

Corporate expenses 241,783 46,278

Depreciation 236,671 232,465

Impairment loss 289,377 -

Insurance 60,634 57,105

Loss on sale of non-current assets 18,068 15,528

Mapping & Resources 57,614 32,712

Motor vehicle expenses (incl vehicle hire) 123,251 120,814

Office expenses 67,573 57,215

Other general expenses 58,470 42,850

PBC direct funding 140,000 164,750

Postage 48,594 43,105

Printing and photocopying 18,984 21,159

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


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

Provision for doubtful debts (1,835) 33,178

Rent 412,859 402,368

Repairs, maintenance and minor replacements 166,973 114,659

Salaries and on costs 5,290,788 5,168,840

Subscriptions 50,486 74,385

Superannuation 457,260 465,913

Telephone & communications 214,162 244,062

Training & professional development 89,961 35,803

Traveling & accommodation expenses (incl consultant travel) 1,127,023 1,092,470

TOTAL EXPENSES 12,270,484 11,167,091

OPERATING SURPLUS/(LOSS) (467,994) 121,082

Detailed Profit and LossFor the Year Ended 30 June 207for the year ended 30 June 2017