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Queensland South Native Title Services ANNUAL REPORT 2014 - 2015

Annual Report 2014 – 2015 | i

LETTER OF TRANSMITTALSenator the Hon Nigel Scullion Minister for Indigenous Affairs Department of the Prime Minister and Cabinet Parliament House Canberra ACT 2600

15 October 2015

Dear Minister,

I am pleased to present the 2014 - 2015 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 2013 - 2015 terms and conditions relating to the native title funding agreements under the Native Title Act 1993 (Cth), s203FE(1). The report includes independently audited financial statements for the financial year ending 30 June 2015.

Thank you for your ongoing support of the work QSNTS strives to achieve.

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

Diamantina Developmental Road, south of Herbert Downs

01 | Queensland South Native Title Services

TABLE OF CONTENTSLettter of Transmittal .................................................................................................................................................. i

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

Glossary ...................................................................................................................................................................02

Contact Details.......................................................................................................................................................03

Board Report ..........................................................................................................................................................04

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

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

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

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

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

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

Index ..........................................................................................................................................................................84

02Annual Report 2014 – 2015 |

GLOSSARY

ApplicantThe person or persons authorised by the native title claim group to represent the group in matters arising under the Native Title Act 1993 (Cth) 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.

Claim

An application for a determination of native title, a revised determination of native title or a compensation application under s61 of the Native Title Act 1993 (Cth). Also referred to as a ‘native title determination application’ (NTDA) or a ‘native title application’ (NTA).

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 Native Title Act 1993 (Cth) 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

CMT Case Management Team

DPLO Deputy Principal Legal Officer

DPM&C Department of the Prime Minister and Cabinet

ILUA Indigenous Land Use Agreement

MOU Memorandum of Understanding

NNTT National Native Title Tribunal

NTA Native Title Act 1993 (Cth)

NTDA Native Title Determination Application

NTRB Native Title Representative Body

NTSP Native Title Service Provider

PBC Prescribed Body Corporate

PLO Principal Legal Officer

QSNTS Queensland South Native Title Services


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

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

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

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

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

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

QSNTS Annual Report ContactMedia and Communications Coordinator | Jasmin Michiels

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

Cover ArtworkJasmin Michiels and Suckerpunch Design

Design and LayoutSuckerpunch Design (Copyright QSNTS 2015)

Lake Moondarra, near Mt Isa


BOARD REPORTOn behalf of the Board of Directors, I have the pleasure of presenting the Queensland South Native Title Services 2014-15 Annual Report and yet another year of successful outcomes.

This financial year has been both exciting and exhausting for Queensland South Native Title Services. I am honoured to have continued my position as Chairperson as the organisation has this year realised some impressive and historic achievements.

This year, our Directors were pleased to attend consent determinations of the Kullilli, Butchulla, Gunggari, Boonthamurra and Budjiti Peoples. These respective outcomes mark significant and emotional milestones for our Aboriginal communities as they are the result of very lengthy, hard ‘fought and won’ battles and sadly, but inevitably, we have since mourned the loss of many Elders who initiated these and successive claims many years ago.

I must say here that each of these milestones and consequential celebrations are also a testament to the diligence, excellence in team work and organisational commitment of QSNTS, with many hours of work by staff outside of normal operating

times placing them way above and beyond their duty statements. It is an honour to work beside them on such important community business.

Such milestones and celebrations are by no means the end of our contact with our clients, but the beginning of a new and exciting era. QSNTS has shifted some of its resources to focus on building Native Title Holders’ capacity to manage and maintain sustainable native title rights and interests through new mandated organisations.

Registered Native Title Bodies Corporate (RNTBCs) are vital to enabling continuous and autonomous management of land and waters in Australia and, to ensure their success in this process, QSNTS is building on the clear community-directed outcomes of the first Prescribed Bodies Corporate Summit which was hosted by the Quandamooka Yoolooburrabee Aboriginal Corporation on their traditional land, Minjerribah (North Stradbroke Island) late last year.

Wambin, Kullilli country


Again, QSNTS staff worked efficiently and effectively to bring together directors and senior staff of RNTBCs from within QSNTS’s region for a two-day program, which provided an opportunity for the dynamic exchange of information, knowledge and experience, and facilitated a learning experience in nation-building tools to improve the outlook for RNTBCs and their communities. The event was an overwhelming success and already, we can see the positive influence emanating from RNTBCs as QSNTS continues to provide them with dedicated support and individual needs-based assistance.

The 2015 National Native Title Conference marked another success story for QSNTS in this reporting period. Centred on the theme of ‘Leadership, legacy and opportunity’, this year’s Conference attracted more than 740 delegates, including over 500 Aboriginal Peoples and Torres Strait Islanders. This two-day program was held on the traditional lands of the Kuku Yalanji People at Port Douglas in Queensland and we thank them for their hospitality on such stunning country. As an attendee together with fellow Board members Bernie Yates and Michael Cawthorn, I am pleased to report that QSNTS was well represented and received outstanding praise, with key faces such as Chief Executive Officer Kevin Smith and Principal Legal Officer Tim Wishart presenting speeches and seminars canvassing prevalent issues affecting the current native title landscape.

Further reflecting on our good standing within the broader native title domain, I was privileged in this financial year to be invited by South Australian Native Title Services (SANTS) to represent QSNTS at the consent determination of the Wangkangurru/Yarluyandi Native Title cross-border claim on 3rd October 2014. There, I presented a representative of the Applicant, Ms Joanne Lewington, with a smaller version of our obligatory gift for such occasions: an inscribed Aboriginal crafted Wathaurong Glass platter to commemorate their achievement.

In a broader scope, QSNTS has also continued its advocacy work in this reporting period, with the Chief Executive Officer and Chairperson engaging as members of key groups, such as the National Native Title Council and the Queensland Representative Body Alliance. QSNTS has also engaged extensively with the Council of Australian Governments (COAG) following its October 2014 announcement regarding an investigation into Indigenous land administration and use. With native title continuing to prove a critical role in the advancement of Indigenous communities, QSNTS remains committed to its reform objectives for a balanced and fair native title system.

The Board would like to take this opportunity to thank outgoing Directors and welcome on board our three new Directors, and publicly recognise the Executive Team and their staff for the dedication and support they have again given us as a Board over this past year. Also, credit to our staff in the Mt Isa and Rockhampton Offices,

The Grey Range on Kullilli country


as well as our Field Teams, who have spent much time out in the field away from their families to work tirelessly toward achieving outcomes and providing heartfelt support to clients, making this year’s determinations’ successful for QSNTS and Indigenous communities.

In conclusion, I am pleased to present the 2014-15 QSNTS Annual Report, which quantifies this year’s resounding success for both QSNTS and its clients. In coming months, QSNTS faces new challenges with a significant reduction in funding and widespread growth in RNTBC establishment and progress. However, with a dynamic employee team and strong strategic direction, QSNTS is well-positioned to tackle the challenges head on and ensure its track record of success can continue into the future.

Yours sincerely, Board of Directors Queensland South Native Title Services

Left: The Boonthamurra People’s consent determination, Middle: Colleen Wall at the Wangkangurru/Yarluyandi consent determination (Image: SANTS), Right: Dancers at the Butchulla People’s consent determination


CEO REPORTThe national native title system has entered an interesting transition zone characterized by high workload spread across a continuum with incubating claims yet to enter the system, extant claims on multiple resolution pathways, clients seeking equitable relief around the durability of recognized native title outcomes and PBC’s contending with a myriad of capacity challenges that most start-up enterprises confront in the high-risk establishment phase.

The national system is at its most diverse with all the opportunities, challenges and risks blending in a unique mélange that will indelibly shape the next era of native title. QSNTS’s vast operational region is very much a microcosm of this national system in flux and 2014-15 was a year that exemplified this diversity more so than any previous year.

During the financial year, QSNTS continued to invest time and resources in five regional research projects that will act as incubation for future claims: successfully pursued recognition for five of our clients; co-hosted an inaugural PBC Summit; and brought proceedings in both the High Court and Federal Court seeking declarations associated with the validity and enforceability of ILUAs.

Regrettably, the 2014-15 year also saw negative determinations made against two overlapping, self-represented claim groups that native title does

not exist over the Brisbane region, which served to underscore the importance of only filing and prosecuting claims that have a sound evidential basis. A determination that native title does not exists lasts forever; it doesn’t get bleaker than that so getting the fundamentals spot on is not an optional extra in this area of work!

In this evolving landscape, QSNTS played a proactive advocacy role in its own right and as part of umbrella entities, including the Queensland Representative Body Alliance (QRBA) and the National Native Title Council (NNTC). Legal and administrative reform advocacy is critical in this area particularly with radical program restructures such as:

- The Federal Government’s Indigenous Advancement Strategy;

- Foreshadowed changes to Indigenous land use and administration as currently being investigated by the Council of Australian Governments (COAG); and

- The Januay 2015 change in the Queensland Government, and consequently, a change in position, policy and priorities.

A number of QSNTS’s advocacy efforts are by necessity confidential but there are presentations and papers available on our website at http://www.qsnts.com.au

Every organization that exists in a complex operating environment must anticipate change and adapt accordingly. In previous years when there were numerous overlapping claims, QSNTS operated on a multi-disciplinary case management team model comprising of several teams of lawyers, researchers and community relations officers. This model served QSNTS well with an unprecedented number of positive native title determinations and claim-related ILUAs.

However, with an inevitable diminution in overall claim caseload, new claims with a heightened complexity associated with concentrated, high-impact colonisation (some with a cross-jurisdictional dimension) and work diversely spread across the continuum, QSNTS has restructured

Kevin Smith, QSNTS Chief Executive Officer


itself into three broad service delivery teams: two focusing on claim resolution with the third focusing on regional research, PBC support, strategic projects and specialized contested litigation.

This restructure took place in March 2015 and it has strengthened QSNTS’s capability to traverse complex, diverse work undertaken in a highly fluid environment. Our regional presence in both Rockhampton and Mt Isa remain strong planks of outreach and service delivery across our regional network and will remain an important tool in meeting future work demands.

QSNTS has also embraced modern technologies such as video-conferencing so we can better serve our clients and reduce the transportation expenses associated with frequent meetings. We have already successfully conducted three claim authorization meetings via video-conference. The current and emerging challenge will be how to embrace this new communication medium to increase client contact, input and information flow without any derogation to service delivery. We urge our clients to walk with us on this journey so we can better serve you with the limited resources we now have at our disposal.

Turning to finances, the 2015-16 year is presenting as another challenging year with QSNTS receiving a reduction of funds from our funding body. Sadly, this funding cut has resulted in some redundancies in our legal area, but the restructure and harnessing of technologies has equipped QSNTS to contend with the challenges that lay ahead.

Finally and very importantly in this year of immense change, I want to thank the people who make things happen under the most trying of circumstances. I want to thank the Board for its strong leadership, rock-solid support, visionary insights and constant encouragement in our enthusiastic pursuit of organisational excellence. To the many highly-skilled, ethical, committed consultants engaged by QSNTS - be they barristers, solicitors, anthropologists, historians, auditors and management consultants - thank you for the excellent work you produced for our clients and our organisation in terms of timeliness, innovation, quality and preparedness to share your wisdom and experience. Lastly, to the QSNTS staff - the people who are both affected by change and are called upon to be its agent – I give both praise for your devotion to our important work and sincere thanks for your understanding during these times of seemingly incessant change. Your efforts are greatly appreciated.

I submit the CEO Report for your consideration.

Kevin Smith Chief Executive Officer Queensland South Native Title Services

Mithaka country


QSNTS OVERVIEW

Wambin, on Kullilli country


BACKGROUNDFollowing the High Court’s landmark Mabo and Others v Queensland (No 2) decision of 1992 which overturned the doctrine of terra nullius, the Native Title Act 1993 (Cth) (‘NTA’) was enacted by the Australian Parliament. The NTA was established to provide a framework for Aboriginal Peoples and Torres Strait Islanders to gain recognition of their rights and interests to traditional lands and waters. As a consequence, a network of Native Title Service Providers (NTSPs) and Native Title Representative Bodies (NTRB) were recognised throughout Australia to provide this service. These NTRBs/NTSPs are funded by the Federal Government to perform functions identified by the NTA.

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

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

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

(b) Specified functions of a representative body;

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

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

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

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

Sunset on Mithaka country


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

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

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

QSNTS STRATEGIES AND PRIORITIESQSNTS adopts a strict evidence-based approach to the investigation, preparation and prosecution of native title claims. Within the sensitive environment of identity and connection, QSNTS does not make decisions about who is who, or where they belong, and instead focuses on providing evidence to the court for the enduring progression of native title claims. We draw on expert evidence, historical and other documentary records and most importantly, on the evidence provided by Aboriginal People themselves. Against this backdrop, QSNTS

allocates resources in the following descending order of priority, noting that some lower order activities might need to be undertaken before embarking upon a higher order activity:

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

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

3. Claim-specific research and investigation that arises from, and is consistent with, the s203BJ research projects referred to in paragraph two above.

4. The funding of inter- and intra- Indigenous dispute resolution pursuant to s203BJ, with particular priority being given to those claims that are subject to trials, or those claims capable of consent determination where connection has been accepted but outstanding Indigenous respondent issues remain.

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

On Pitta Pitta country


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

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

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

In April 2015, all case management teams merged into three larger service delivery teams – one responsible for regional research projects and PBCs (among other things) under the leadership of the Principal Legal Officer; and two responsible for new and existing claims under the Deputy Principal Legal Officers.

The Principal and Deputy Principal Legal Officers are now the solicitors on the record in all respective QSNTS matters, and all teams continue to benefit from the assistance and guidance of senior external consultants, including anthropologists, historians

and linguists, as well as senior and junior counsel. While service delivery teams operate primarily from the QSNTS head office in Brisbane, satellite offices in Rockhampton and Mt Isa enhance client access to its services.

The activities of service delivery teams are governed by case management plans for each claim managed by QSNTS. The Principal and Deputy Principal Legal Officers meet with their respective team members on a weekly basis to assess claim progress and develop case management plans accordingly. The plans cover a variety of actionable matters, including claim strategies, deliverables and risk management plans.

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

The Deputy Principal Legal Officers report regularly on the progress of case management plans for new and existing claims to the Principal Legal Officer, who forms part of the QSNTS Executive Team. The Executive Team in turn reports to the Board of Directors on progress in terms of outcomes, outputs and finances at each bi-monthly Board meeting. Reporting against key deliverables in the


Operational Plan is a standing agenda item of all Board meetings, and the Board signs off on the Operational Plan and any subsequent variation.

For this reporting period, the QSNTS Operational Plan was delivered to the Department of Prime Minister and Cabinet on 1 May 2014.

LEGISLATIVE FUNCTIONSQSNTS provides the full range of statutory services as prescribed by the Native Title Act 1993 (Cth):

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

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

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

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

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

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

S203BJ Other FunctionsQSNTS conducts other functions related to native title that aim to improve the native title system delivering better results for Traditional Owners. Examples of these functions include reform, capacity development, regional research projects, and negotiating agreements with other organisations such as Memorandums Of Understanding (MOU). In particular QSNTS undertakes regional research projects pursuant to section 203BJ(b).

On Pitta Pitta country


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

Tracks at Cheepie on Mardigan country


ORGANISATIONAL STRUCTURE

Human Resources Manager

Research and Geospatial Manager

Deputy Principal Legal Officer x2

Board of Directors

Chief Executive Officer

Chief Financial Officer

Principal Legal Officer

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

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

Research Projects• Mapping / Geospatial• Community Relations Officers

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

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

Company Secretary

Executive Support


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

strengthen the present and empower the future.

The organisational structure for QSNTS as at 30 June 2015 is as follows:From 2013 – 2016, our focus is to improve engagement with our clients, constituents and stakeholders. We will increase the rate of resolution of claims, effectively manage disputes and promote cohesive relationships between clients. We will continue to respond to an evolving native title environment by:

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

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

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

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

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


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

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

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

Further information about QSNTS’s legal and research assistance during the reporting period can be found in the performance report section.

Future ActsA ‘future act’ is a proposed activity that may affect native title, for example: mining, exploration, compulsory acquisition, tourism and other developments. Under the Native Title Act 1993 (Cth) (NTA) and Aboriginal Cultural Heritage Act 2011 (QLD), a registered native title claim has certain procedural rights, which include the right for Applicants to be notified and consulted on future acts that may affect their native title rights and interests.

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

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

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

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

Further information regarding QSNTS’s ILUA negotiations during the reporting period can be found in the performance report section.

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

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.

18Annual Report 2012 – 2013 | 18Annual Report 2014 – 2015 |

QSNTS’s Prescribed Bodies Corporate (PBC) Support Program operates to this end, with the understanding that on determination of native title, Traditional Owners procure responsibility of managing associated rights and interests with little to no funding, training or other support to effectively do so. Though limited to providing ‘in-kind’ support, QSNTS focuses on the existing skills, aspirations and needs of Traditional Owner groups to help establish rewarding partnerships, manage their native title rights and interests independently and sustainably, and work toward the overarching goal of genuine self-sufficiency.

The PBC Support Program functions as a request-driven ‘facilitation and assistance’ service under s 203BB of the Native Title Act 1993 (Cth), offering assistance across a broad range of fields, from PBC establishment to administrative compliance, community engagement and financial management.

Left: Butchulla, Right: Butchulla

PERFORMANCE REPORT


Near Lake Moondarra on Kalkadoon country

20Annual Report 2012 – 2013 | 20Annual Report 2014 – 2015 |

CLAIMED AREAS


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

On Yulluna country


Outputs 2014 - 2015

Facilitation and Assistance Number

The Claims Experience

Total active registered claims within the region: 31

Active Claims Represented at 1 July 2014 22

Plus claims filed by QSNTS: 2

Less claims determined: 5

Less claims dismissed (represented by QSNTS): 0

Dismissed claims to which QSNTS was a respondent: 2

Ceased to act: 0

Plus or less any other (consolidated): 1

Active claims represented at 30 June 2015: 20

QSNTS as respondent: 6

Of these, matters discontinued or resolved the reporting period: 2

Claims in development: 5

Non-Claimant applications: 6

Discontinued / resolved non-claimant applications: 2

Compensation claims 0

s203 BJ(b) Regional research projects: 3

The Agreements Experience

Future Acts notices received 1885

Responses to future acts 1707

Agreements Concluded 8

Agreements in Development 30

ILUAs concluded and registered 43

ILUAs in development

Complains and Disputes

Complaints received 8

Complaint resolved 8

Complaints pending resolution 0

Requests for Review of Decisions Not to Assist

Requests Received 3

Reviews Completed 2

Petitions overturned on external appeal 0


NARRATIVE DISCUSSIONThe 2014-15 reporting period has seen widespread progress for Traditional Owners assisted by QSNTS, including the accomplishment of five consent determinations and significant steps toward a similar outcome for many other clients.

Consent DeterminationsKullilli People – Native Title Consent Determination - 2 July 2014

The Kullilli native title determination area (NTDA) covers approximately 32,200 km2 of land and waters surrounding Thargomindah in Queensland’s south-west region.

After the dismissal of earlier defective claims, QSNTS commenced to act for the Kullilli People in 2009, filing a new claim that was registered by the National Native Title Tribunal in the same year. The claim comprised 30 respondent parties including pastoralists, the Bulloo and Quilpie Regional Councils, and electricity supplier Ergon Energy.

In 2012, an on country expedition comprising Kullilli Elders and representatives of the State of Queensland played an important role is securing the State’s acceptance of connection to the land. Throughout 2013 and early 2014, negotiations continued with the State and other respondents, and a final authorisation meeting was held during early May 2014 to approve the final terms of the consent determination.

On 2 July 2014, the Federal Court of Australia held an on country sitting at Thargomindah to formally recognise the native title rights and interests of the Kullilli People at a consent determination hearing. To commemorate the historic occasion, country singer and proud Kullilli man Chad Morgan performed at the celebration, along with popular band Mop and Dropouts, which also boasts strong membership with the Kullilli People.

Left: Attendants at the Kullilli People’s consent determination, Middle: Kullilli People wearing t-shirts commemorating the occasion, Right: Kullilli People celebrating the historic recognition of their native title rights


Butchulla People – Native Title Consent Determination – 24 October 2014

Closing on a ten-year battle to resolve their native title claim oover K’gari (Fraser Island) off the coast of Queensland, the Butchulla People successfully gained recognition as Traditional Owners at an on-country sitting of the Federal Court on 24 October 2014.

The Butchulla native title determination area includes about 1,640km2 of sandy dunes, sub-tropical rainforests and pristine lakes found on Fraser Island, where the Butchulla People have a proud tradition of maintaining places of importance, teaching on the area, and conducting and participating in cultural rituals and ceremonies.

Formally recognised by the Hon Justice Berna Collier of the Federal Court of Australia, the Butchulla native title consent determination hearing attracted more than 400 Butchulla People and other dignitaries to witness and celebrate the historic occasion.

The native title declaration accompanied an Indigenous Land Use Agreement (ILUA) aiming to strengthen economic opportunities for the current and future generations of Butchulla People through eco-tourism and related business development.

Gunggari People – Third Native Title Consent Determination – 24 October 2014

In a second win for the Gunggari People, the Hon Justice Darryl Rangiah formally recognised native title over approximately 146km2 in central southern Queensland at an on country hearing of the Federal

Court of Australia, held on 5 December 2014.

The special hearing took place at the rural town of Amby, 65km west of Roma, and recognised the non-exclusive native title rights and interests of the Gunggari People over certain areas of land, pastoral and other leases, and various creeks and rivers, including a 120km stretch of the Maranoa River.

The outcome marked a second native title determination for the Gunggari People, who were recognised as holding native title rights during a consent determination made by the Hon Justice John Reeves at the nearby town of Mitchell in June 2012.

The determination resulted from negotiations involving the Gunggari People, the State of Queensland, the Maranoa Regional Council and various other parties to the application.

Budjiti People – Native Title Consent Determination – 23 June 2015

During a Federal Court hearing held on country at Currawinya National Park, the Budjiti People were granted formal recognition of native title rights covering more than 16,700km2 of land and waters in Queensland’s south-west region.

The Budjiti People first lodged their native title claim in February 2007, seeking native title recognition over a claim area such as several significant Indigenous landmarks, including the Caiwarro watering hole, the Currawinya Lakes, Boorara Lakes and the Dynevor Lakes.

Left: Butchulla People bearing official recognition of native rights by the Federal Court of Australia, Middle: A traditional ceremony performed at the Butchulla People’s consent determination, Right: Butchulla People celebrating the event


Identifying as a river people, the Budjiti People sought to have native title rights and interests recognised that enabled them to hunt, fish and gather resources from the land, conduct ceremonies and meetings in the area, maintain areas of significance and be buried in the claim region.

In August 2014, a preservation of evidence hearing involved several site visits to landmarks such as renowned rock formation the Granites, the old Homestead and the Woolsheds at Currawinya National Park, the Quinine trees, Top Camp and the Paroo River Bridge at Eulo.

The claim was determined by the Hon Justice John Mansfield with the consent of all parties, which included the State of Queensland, the Paroo and Bulloo Shire Councils, Ergon Energy, Telstra and various mining entities, including Santos, Origin Energy and Vamgas.

Boonthamurra People – Native Title Consent Determination – 25 June 2015

In a remote sitting near Cunnamulla on 25 June 2015, the Hon Justice John Mansfield of the Federal Court granted recognition to the Boonthamurra People as native title holders over more than 24,400km2 of land and waters in Queensland’s south-west region.

The native title claim area is located in the Quilpie and Barcoo Shire Councils, with the Boonthamurra People’s connection to country well-documented since the 1860s following the migration of the Costello and Durack pastoralist families, who herded cattle and settled significant landmarks throughout the area.

After initially filing the claim in November 2006, the State of Queensland accepted the Boonthamurra People’s connection to country in September 2011, and negotiations toward an Indigenous Land Use Agreement (ILUA) followed shortly thereafter.

The consent determination hearing, held at the Eromanga Town Hall which falls within the boundaries of the Boonthamurra traditional country, recognised rights to access the area, camp, hunt, fish and gather resources from the land, and conduct ceremonies in accordance with the traditional laws and customs of the Boonthamurra People.

Left: The Hon Justice Mansfield and others at the Budjiti People’s consent determination, Middle and Right: Budjiti People celebrating the formal recognition of native title rights and interests


CURRENT CLAIMSBarada Kabalbara Yetimarala

The Barada Kabalbara Yetimarala (BKY) People have two native title claims, QUD 383/2013 and QUD 439/2013.

On 21 August 2014, the QUD 383/2013 claim was amended to remove an overlap with the Barada Barna native title claim. The Barada Barna claim, which is overlapped by the Widi claim, is scheduled to go to a hearing in the Federal Court in November 2015. QSNTS has provided assistance to a BKY Applicant to be joined as a respondent to the Barada Barna proceedings. Part of this work has involved continuing expert anthropological research which to help inform future progress of the BKY claim.

Interviews with BKY claimants have occurred in Rockhampton and Woorabinda in preparation for producing detailed witness statements to support the claims. Further work on the connection material with both the legal team and the research team, including the expert anthropologist, will continue.

The matters are yet to be listed for directions before the Federal Court, pending the resolution of the Barada Barna and Widi overlap hearing.

Butchulla

The 2014-15 reporting period has seen the remaining Butchulla claim substantially progressed, with further connection statements, expert reports, and specific summaries of lay and expert evidence on sites of connection and use/occupation areas provided to the State and Commonwealth for further assessment.

Discussions between the Applicant and the State have proven very productive and the parties are continuing to engage in ongoing conferences over steps to resolve connection issues.

Further, the Applicant and the State (acting through the Department of Health Services on behalf of the Queensland Ambulance Service) have also been in negotiations over the first six months of 2015 in relation to a surrender indigenous land use agreement over a Rainbow Beach land parcel, and area wholly within the external boundaries of the claim area.

Darumbal

On 10 December 2013, the Darumbal People native title determination application was programmed for a two-part hearing (trial) scheduled for Rockhampton in December 2014 and Brisbane in March 2015 to determine the question of the Darumbal People’s connection to country.

In November 2014, the Applicant, the State and the Commonwealth reached agreement on connection and in December 2014, the trial was vacated.

Left: A smoking ceremony is held ahead of the Boonthamurra People’s consent determination hearing, Middle: Boonthamurra People at the hearing of the Federal Court of Australia, Right: Attendants at the Boonthamurra People’s consent determination hearing


In March 2015, the Darumbal People authorised amendments to the application to reflect the agreement on connection previously reached between the parties.

A timetable to progress the matter towards a determination by consent has been provided to the Federal Court and is the subject of case management by the Federal Court.

Gunggari #4

The Gunggari People #4 native title claim has remained adjourned since its last directions hearing in September 2013. It was not listed for any directions hearings during the 2014-15 reporting period.

The Gunggari People #4 claim is entirely overlapped by Part B of the Bidjara People #6 claim, and neither matter (both of which must be heard together due to the overlap) is expected to be listed for directions until Part A of the Bidjara People #6 native title claim is determined.

In December 2014, consultant anthropologist Dr Kevin Mayo delivered a draft connection report to QSNTS in relation to the Gunggari People #4 claim. In addition to assisting Dr Mayo with his research, QSNTS collected a number of witness statements from Gunggari claimants during the reporting period.

Kabi Kabi

The Kabi Kabi People native title claim includes Gympie and the surrounding area, south to Caboolture and north to Howard. It falls within a

number of Regional Councils including: Bundaberg, Fraser Coast, Gympie, Moreton Bay, Somerset, Sunshine Coast and Noosa.

On 8 August 2014 the State provided its response to Dr Anthony Redmond’s connection report entitled Sunshine Coast Region (Kabi Kabi) “Native Title Connection Report dated September 2012. The State formed the view that further information would be required before the State could enter into substantive negotiations towards a consent determination.

On 19 December 2014, QSNTS provided the State with nine witness statements from the Kabi Kabi claim group in support of Kabi Kabi’s connection. Subsequently, the State was also provided with various appendices to Dr Redmond’s Report including genealogies.

On 8 May 2015, QSNTS also provided the State with Dr Redmond’s supplementary report entitled Kabi Kabi First Nation Traditional Owners: Supplementary Report, as well as the Revised Anthropological Connection Report: Sunshine Coast Region [Kabi Kabi] report, both dated April 2015, and on 1 June 2015 three further witness statements were provided to the State.

At a directions hearing on 4 June 2015, the Federal Court ordered that any further witness statements upon which the applicant intended to rely in relation to the issue of connection were to be provided to the State by 31 July 2015.

On 26 June 2015 the State accepted the opinions and explanation provided by Dr Redmond in relation to the issues raised in the initial connection

Left: A Gunggari Elder at the consent determination, Middle: The smoking ceremony held before the Gunggari People’s consent determination hearing


report, however the State was unable to give a final position as to whether all issues had been resolved until such time as it received all of the witness statements in relation to connection. It will then anticipated that approximately 12 witness statements would be provided to the State prior to the deadline of 31 July 2015.

Koa

In April 2015, QSNTS received a request for facilitation and assistance to research and prepare a native title application on behalf of the Koa People.

The request was made within the context of the Koa People wishing to respond to a non-claimant application filed by a pastoralist in relation to a property west of the town of Winton in north-west Queensland and within an area over which the Koa People assert native title rights and interests. The non-claimant application seeks a Federal Court determination that native title does not exist in relation to the pastoral property.

In May and June 2015, QSNTS assisted with the preparation of a Koa People native title application and the organisation of an authorisation meeting to be held on 4 July 2015.

QSNTS also engaged Consultant Anthropologist Dr Kevin Mayo to begin research and preparation of a connection report in relation to the proposed Koa People native title claim.

Kooma #4 Part B

At a directions hearing in April 2014, the Federal Court ordered that the Kooma People #4 Native Title Claim be divided into Parts A and B. The Kooma People #4 Part A claim was determined by the Federal Court on 25 June 2014.

The Kooma #4 Part B claim falls within an area extending in the south from the New South Wales and Queensland border to the western bank of the Culgoa River and includes the towns of Hebel and Dirranbandi.

QSNTS, as part of its St George Regional Research Project, has engaged Mr Jitendra Kumarage to undertake Stage 2 of the Project which will include research involving most of the

Kooma #4 Part B area. Stage 2 of the research is currently on track to be completed by 30 September 2015. QSNTS anticipates completing its assessment of the Stage 2 research by 31 October 2015 and presenting the findings to the Kooma People by 30 November 2015.

Kunja

A native title claim for the Kunja people was lodged on 17 July 2015 following an authorisation meeting that was held at Cunnamulla on 13 June 2015. The Kunja people used a traditional decision making process to authorise the native title claim and to appoint an Applicant group to manage matters relating to the claim. The lodgement of this claim followed considerable work in resolving boundary issues with the Budjiti People.

Numerous interviews were conducted over the period with Kunja People which are being developed into witness statements. This work will continue over the next financial year period along with some additional targeted anthropological research.

Mandandanji

In accordance with s203BJ(b) of the Native Title Act, QSNTS has conducted the St George Regional Research Project to assist in refining the claim group description and the southern external boundary of the Mandandanji People’s claim. The St George Project is scheduled to be completed by the end of September 2015.

As part of the St George Project, in September 2014, Mr Ray Wood presented anthropological, historical and genealogical research findings at three (3) information meetings held in: Toowoomba, Roma and St George.

At an Applicant meeting held in February 2015 Dr John Morton presented his anthropological, historical and genealogical research findings of the St George Project and how it may affect the Mandandanji People’s claim.

In March 2015, Dr John Morton, completed his Further Supplementary Anthropological Report. Dr Morton’s report takes into account a number of reports provided, to date, by the St George Project.

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QSNTS and the State met to discuss connection in January 2015. It was agreed that the State suspend its assessment of connection until the completion of the St George Project.

Mardigan

The Mardigan People’s native title claim was filed on 17 January 2007.

The claim relates to land and waters in South West Queensland, covering a broad area between the Paroo River and the Grey Range, including the town of Quilpie.

Substantial resources have been devoted to this claim in an effort to generate evidence sufficient to persuade the State that it may properly consent to a determination of native title.

Mitakoodi and Mayi

In June 2015, in response to a non-claimant native title application, an authorisation meeting was held in Mt Isa with video-link locations in Townsville, Rockhampton and Brisbane.

As a result of the meeting and on the back of research carried out as part of the Gilliat Flinders Research Project, a native title determination application was authorised and then filed with the National Native Title Tribunal in late June 2015 on behalf of the Mitakoodi and Mayi Peoples. To further assist with the application, QSNTS has appointed anthropologist Daniel Leo to undertake further research during 2015-2016.

Mithaka

The Mithaka People’s native title claim was first filed in 2002 and includes areas on the verge of the Queensland and South Australian border.

During the reporting period, QSNTS continued to represent the Mithaka People in progressing their native title claim. Significantly, the Mithaka claim, which was set down for trial in May 2014, is now on track towards a consent determination. The Federal Court has set a consent determination hearing on 27 October 2015 in Windorah.

Port Curtis Coral Coast

During the mid-1990s there were a number of different claims over this area, which were combined in 2001 under the stewardship of the Gurang Land Council.

In late 2008, QSNTS commenced to act for the claim group and in May 2009 this claim was registered with the National Native Title Tribunal.

This claim was listed for a consent determination on 28 April 2014. It was delisted as a result of the State taking a particular view of the evidence required for a determination over town and urban areas. Upon receiving this information, QSNTS conducted further research to which the State responded positively.

Negotiations have been continuing towards the resolution of complex tenure issues and issues raised by the State regarding the area of the claim and the claim group description.

Although listed for trial (connection only) during March 2016, a consent determination in mid-2016 may be achievable.

Quandamooka

A new native title determination application was filed with the Federal Court of Australia on behalf of the Quandamooka People over Moreton Island (Mulgumpin) on 18 November 2014.

Two Quandamooka Elders, Dr Robert Anderson and Ms Evelyn Parkin, were authorised to jointly make the application on behalf of the claim group. The application was accepted by the Registrar of the National Native Title Tribunal on 25 March 2015, and notified on 20 May 2015.

Connection statements have been collected over the course of the first half 2015, with a connection brief of evidence planned to be provided to the State and respondents for assessment by October 2015.

Wadja

Connection material relating to the Wadja native title claim was filed in the Federal Court on 11 July 2014, and formal feedback on the Wadja claim was

30Annual Report 2014 – 2015 |24

received from the State Government in November 2014. A Work Plan and Indicative Timetable for Progressing Preliminary Issues was provided to the Federal Court in April 2015.

The work plan contemplates Wadja and the Gaangalu Nation agreeing on joint terms of reference for further anthropological work to be completed with the cooperation of both groups. The work plan also considers supplementary connection research relevant to the State Government’s feedback. Additional witness statements will be completed by the end of November 2015 and relevant material will be provided to the State Government by mid-December 2015.

Wakka Wakka #3, #4 and #5

Three discrete claims were lodged on behalf of the Wakka Wakka people with a view to minimising the impact of competing rights asserted by members of the claim groups.

Some of those competing interests have been resolved through mediation and negotiation arranged by QSNTS. Further mediation and negotiation in relation to the balance of competing asserted interests is ongoing.

Research and interviewing of traditional owner witnesses continues.

An overlapping claim was filed by the Djukande People and discontinued during the reporting period.

Wangan and Jagalingou

The Wangan and Jagalingou application was filed on 27 May 2004.

On 15 November 2012, the Bidjara People #7 application was filed, which substantially overlaps the Wangan and Jagalingou claim area.

On 3 October 2014, the connection material including an anthropological report and a genealogical report was provided to the State on a confidential and without prejudice basis. On 14 October 2014, the State advised that it will not commence its review of the connection material until the overlap between Bidjara People #7 and the Wangan and Jagalingou is resolved.

QSNTS will continue to take witness statements as part of the connection material pending resolution of the overlap.

Western Kangalou

In this reporting period, consultant anthropologist Kim McCaul continued to research and prepared a connection report in relation to the Western Kangoulu People’s native title claim.

The first Federal Court directions hearing for the Western Kangoulu People’s native title claim was held in March 2015 where orders were made placing the matter into case management by the Registrar of the Court.

Following a case management conference held in April 2015, the Deputy Registrar ordered that the Applicant and the State develop a proposed work plan, which was subsequently filed in May 2015.

Bike Tree on road to Urandangi, Bularnu Waluwarra Wangkayujuru country


Under the proposed work plan, the Western Kangoulu Applicant must provide Mr McCaul’s completed connection report to the State of Queensland in late November 2015.

Woppaburra

The Woppaburra People filed their native title claim on 8 November 2013. The claim encompasses the Keppel Islands and surrounding waters off the coast from Rockhampton.

In this period, evidence has continued to be collected from the Woppaburra People in order to progress the claim towards a successful native title determination. Significantly, consultant anthropologist Dr Anna Kenny has continued to work on her expert anthropological report, scheduled to be delivered to QSNTS in September 2015.

Yulluna #4

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

The Yulluna People #4 claim was filed in the Federal Court on 2 February 2015 and accepted for registration on 30 March 2015. The claim was publicly notified on 20 May 2015 and remained in notification for the remainder of the reporting period.

QSNTS AS A RESPONDENTWongkumara

QSNTS became a party to the Wongkumara People’s native title determination application following representations by persons asserting to be part of the native title claim group but, because of the way the claim is described, were excluded from that claim group.

QSNTS’s involvement in the claim is pursuant to statutory obligation to protect the interests of all those people who may hold native title.

QSNTS has devoted resources to obtaining research, interviewing Traditional Owners and engaging in alternative dispute resolution in this matter.

QSNTS has a firm view that a properly described native title claim group will succeed in obtaining a positive determination of native title for this claim area. The claim area straddles the Queensland and New South Wales borders, with the majority falling within Queensland.

Bigambul

QSNTS became a party to the Bigambul People’s native title determination application following representations that the claim was wrongly described in that persons who were

Emus on Yulluna country


not Bigambul People were included in the claim group description.

The position articulated by QSNTS had been strongly resisted by the Applicant for the native title claim group (represented by a private solicitor).

QSNTS conducted extensive research and interviewed Traditional Owners which confirmed the view held by QSNTS that the claim group needed to be re-described principally by deleting an apical ancestor who could not be considered to be a Bigambul person in any relevant sense. QSNTS also formed the view that the boundaries of the claim required some reduction to properly reflect traditional boundaries as at effective sovereignty.

After being joined as a respondent party, QSNTS filed the evidence it had developed. That evidence was considered by an expert anthropologist for the State of Queensland and accepted.

The claim group subsequently met and authorised amendments to the claim group description and the claim boundaries which corresponded with the position QSNTS had consistently advocated.

The matter will now proceed to a consent determination.

Wierdi People

QSNTS became a respondent party to a claim lodged on behalf the Wierdi People.

That claim as lodged overlapped nine registered native title determination applications spanning both the QSNTS region and the NQLC Region.

QSNTS considered that the claim group as described represented a subgroup and was not a society in the sense required to achieve a native title determination. QSNTS was also concerned that the claim had not been properly authorised.

QSNTS became a party to the claim for the sole purpose of having it dismissed. Fortunately, the Applicant for that claim withdrew its application at a relatively early date.

Djakunde People

QSNTS became a respondent party to a claim lodged on behalf the Djakunde People.

That claim as lodged overlapped the three Wakka Wakka People’s claims as well as the registered claim of the Wulli Wulli People.

In addition to concerns the claim had not been properly authorised, QSNTS considered that the claim group as described represented a subgroup and was not a society as required to achieve a native title determination.

QSNTS became a party to the claim aiming to have it dismissed, however the Applicant withdrew its application at a relatively early date.

Koinjmal People

QSNTS became a respondent party to a claim lodged on behalf of the Koinjmal people.

The claim overlaps three registered claims in the QSNTS region and one registered claim in the NQLC region.

QSNTS considered that the claim group as described probably represented a subgroup and that the claim lacked any substantial evidential basis.

QSNTS became a respondent for the sole purpose of attempting to have the claim dismissed.

Bidjara People #7

The Bidjara People #7 is effectively an expansion of the Bidjara People #6 claim.

Part of the Bidjara People #6 claim was the subject of a negative determination following a trial involving three native title claim groups. None of the claimant groups were successful at trial.

The claim overlaps four other registered claims represented by QSNTS as well as residual elements claimed by the groups that were involved in the unsuccessful hearing.


QSNTS does not believe that the land and waters claimed in Bidjara People #7 represents the traditional land and waters of the Bidjara People as at effective sovereignty and that the claim is not supported by proper evidence.

Turrbal / Yugara Yugarapul

QSNTS became a respondent to the applications of the Turrbal and Yugara Yugarapul Peoples applications after judgement was handed down by Justice Jessup in which his Honour found that native title did not exist within the claim area and sought submissions as to the ultimate disposition of the applications.

QSNTS was concerned that the court might make a determination that native title did not exist within the claim area, despite there being no application by the State of Queensland for orders of that kind.

QSNTS was successful in obtaining leave to join as a respondent for the limited purpose of making submissions as to the ultimate disposition of the claims.

Ultimately, Justice Jessup rejected the submissions made by QSNTS and made a determination that native title did not exist within the claim area, which includes metropolitan Brisbane.

QSNTS has appealed that decision.

QSNTS’s ultimate position will be influenced by the outcome of the appeal in the Wyman on behalf of the Bidjara People v State of Queensland where a similar point is being considered by a Full Court. If the Full Court holds that the court has jurisdiction to make a negative determination absent an application in that regard, it is likely that QSNTS will seek to discontinue its appeal.

OTHER LITIGATIONQuandamooka Yoolooburrabee Aboriginal Corporation v State of Queensland

Following the passing of the North Stradbroke Island Protection and Sustainability Act Amendment Act, QSNTS received a request from the Quandamooka Yoolooburrabee Aboriginal Corporation (‘QYAC’) to assist it to challenge that legislation on the basis that it was contrary to the terms of the determination of native title the Quandamooka People received in July 2011 and was contrary to the provisions of the Native Title Act 1993 (Cth).

QSNTS obtained advice from Senior Counsel that there were reasonable prospects of persuading the High Court that the Queensland legislation was unconstitutional on the basis that it was inconsistent with the provisions of the Native Title Act 1993 (Cth).

In the lead up to the 2015 Queensland election indications were given that if the government changed steps would be taken to repeal the Queensland legislation. The present Queensland government has indicated that the legislation will be repealed.

If the legislation is repealed the application to the High Court can be discontinued.

QSNTS v The Registrar of the National Native Title Tribunal

This is an application under the Administrative Decisions (Judicial Review) Act 1977 (Cth), seeking to have an Indigenous Land Use Agreement (‘ILUA ‘) removed from the Register of Indigenous Land Use Agreements.

The application followed representations from the Board of the Prescribed Body Corporate for the Kalkadoon People, which expressed concerns the ILUA had not been operating in the way the Board believed it was intended, and that the Kalkadoon common-law Native Title Holders were being disadvantaged as a consequence.


QSNTS obtained advice from several counsel (including senior counsel) as to the validity of the ILUA and, as a consequence of that advice, formed the view that the ILUA was invalid. The nature of that invalidity is such that the ILUA ought never have been registered.

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

• Central West Research Project;

• Darling Downs Research Project;

• Gilliat Flinders Research Project;

• St George Research Project;

• South East Regional Research Project; and

• Wangkamahdla / Wangkamanha.

Central West

The research area covered an area bordered in the west by the Pitta Pitta People’s determination area, in the east by the Great Dividing Range, in the south by the lower Diamantina River and Coopers Creek, and in the north to the Desert Uplands and the Yirandali People’s Claim area. The project area included the towns of Winton, Longreach, Barcaldine and Blackall.

In the 2014-15 reporting period, no further research was planned for this area. However, in March 2015, a non-claimant application was filed in the Federal Court over Elderslie Station, within the northern part of the research area. In response, an authorisation

meeting was held in July 2015 in Brisbane via video-link involving people asserting a native title claim over the area.

Participants at the meeting authorised the lodging of a Koa Peoples native title determination application, and instructions were received from the group to proceed with an application. The native title determination application has now been filed and new research specifically into Koa connection is currently being carried out. Anthropologist Kevin Mayo has also been engaged to conduct further research in relation to the area now covered by the Koa Peoples application during 2015 with a final due date of February 2016.

Darling Downs

This region covers an area from Dulacca in the west to the Great Dividing Range in the east, and from Guluguba in the north, south to Toowoomba and Pittsworth and includes the towns of Oakey, Dalby, Tara, Chinchilla and Miles. The Darling Downs Regional Research Project is an integral part of QSNTS’s strategy for achieving native title outcomes in the Darling Downs region.

In April 2015, consultant anthropologist Ray Wood began work on stage 3 of the research to obtain further anthropological evidence to support connection to the research area. A number of interviews have been held with people who assert rights and interests throughout the region, with further interviews anticipated throughout 2015. Completion is anticipated in early 2016.

As a result of family interviews being held by QSNTS and the provision of further Community

Goanna on Kunja country


and Personal History Summaries, consultant genealogist Kate Waters commenced work in April 2015 on a genealogical report to assist with the Darling Downs claim group composition. This work will continue until the end of 2015.

Gilliat Flinders

The research area covered an area bordered in the west by the Kalkadoon and Yulluna Peoples’ determination areas, in the east by Alick Creek, Kynuna and the Diamantina River in the south, and north to the Gkuthaarn and Kukatj People native title application area. The project area included the towns of Cloncurry and McKinlay.

As a result of limited engagement by those who may hold native title in the research area during 2013-2014 no further research was planned for 2014-2015. In March 2015, a non-claimant application was filed in the Federal Court over Flat Top Station, an area of of just under 23km2 within the research area within the research area. In response to the non-claimant application and drawing on findings from the 2014 Gilliat Flinders Preliminary Research report and other research materials, an authorisation meeting was held in June 2015 in Mount Isa and via video-link locations at Townsville, Rockhampton and Brisbane with those people who, by responding to notifications about the meeting asserted they may hold native title in the relevant area.

Those people attending the meeting authorised the lodging of a native title determination application and an Applicant to it. Instructions were received from the group to proceed with an application. The

Mitakoodi and Mayi People native title determination application has now been filed. As such, no further research will be undertaken over the greater Gilliat Flinders Research Area.

Anthropologist Daniel Leo has been engaged to conduct further research in relation to the area now covered by the Mitakoodi and Mayi People application during 2015 -2016.

South East Regional Research Project (SERRP)

The South East Regional Research Project (SERRP) commenced in September 2010 and covers an area that spans from approximately Dayboro and Esk in the north, south to the New South Wales border area, west to Stanthorpe, Texas and Inglewood and incorporating places inland such as Clifton, Warwick, Boonah, Beaudesert and Ipswich.

Work on the project continued throughout the 2014-2015 reporting period with a significant number of people who assert rights and interest in the research area, interviewed by Dr Redmond and in-house research officers between July 2014 and March 2015.

Dr Mayo expanded on his Genealogical Report between December 2014 and March 2015 and considerable work was accomplished by in-house researchers on the genealogical database and evidence tables formulated for the purpose of mapping genealogical data.

In May 2015, Dr Redmond delivered to QSNTS an updated Stage 1 anthropological report followed by a Draft Stage 2 anthropological report, where

Shoe Tree on Yulluna country


he drew extensively on data collected during the interview process. Both of these reports are currently being peer-reviewed by experienced anthropologist Dr John Morton with the work earmarked for completion in the second quarter of next financial year.

St George Research Project

This research area covers an area spanning from near St George in the north, south to the New South Wales border, aast to Tallwood and includes the towns of Dirranbandi, Hebel, Nindigully, Thallon, and Mungindi.

A number of reports have been completed in the current financial year, including:

• An Anthropological Report by Jitendra Kumarage on Pre-Sovereignty Boundaries;

• An Anthropological Report by Jitendra Kumarage on Pre-Sovereignty Law and Custom; and

• A Genealogical Report by Consultant Genealogist, Kate Waters.

These reports are assisting QSNTS’s regional strategy to resolve native title interests in this region. Further and continued research will occur during the remainder of 2014 and 2015.

Wangkamahdla / Wangkamanha

This research area covers a large portion of the remaining unclaimed areas in the north-western extent of the QSNTS region. The area is bounded by the Bularnu Waluwarra and Wangkayujuru

People’s determined area in the north, the Pitta Pitta People’s determined area in the east, the Mithaka People’s and the Wangkangurru/ Yarluyandi People’s claims in the south and the Queensland - Northern Territory border in the west.

Mr Peter Blackwood has been engaged to complete an anthropology report for this area. Due to Mr Blackwood’s involvement with other native title matters currently before the Federal Court, he has been unable to complete the research in this reporting period. It is anticipated that it will be completed within the early stages of the next reporting period.

ADVOCACYAdvocacy has always been a key function of QSNTS and is carried out primarily through three channels:

• QSNTS itself, as an organisational function;

• The Queensland Representative Body Alliance (QRBA); and

• As a member organisation of the National Native Title Council (NNTC), of which Chief Executive Officer Kevin Smith is the Deputy Chair.

The Queensland Representative Body Alliance (QRBA) is a strategic alliance of each of the native title representative bodies and service providers in Queensland. The QRBA was formed in 2013, and provides a forum for information and experience sharing, issue identification, strategy and advocacy at a state level.

Left: Dancers at the Nation Building Summit, Right: Participants at the Nation Building Summit


The QRBA meets regularly, and is comprised of the Chairpersons, CEOs and Principal Legal Officers of:

• North Queensland Land Council;

• Cape York Land Council;

• Torres Strait Regional Authority;

• Carpentaria Land Council Aboriginal Corporation; and

• Queensland South Native Title Services.

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 for common interests and address shared issues. Through the Alliance, native title bodies 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.

In this reporting period, QSNTS has engaged in a range of advocacy efforts, as follows:

• In May 2015, QSNTS made a submission to the Council of Australian Governments (COAG) in response to proposed amendments to the Native Title Act, as part of their investigation into Indigenous land use and administration;

• The QRBA and NNTC also met with COAG representatives as part of their consultation with representative bodies to inform the Indigenous land use and administration investigation;

• The QRBA engaged with the Queensland Government Department of Natural Resources and Mines and Department of Aboriginal and Torres Strait Islander Partnerships, advocating legislative reform to address various land use, natural resource and cultural heritage matters;

• On invitation, QSNTS Chief Executive Officer Kevin Smith attended an Indigenous Leader’s Roundtable on Property Rights convened by the Australian Human Rights Commission in May 2015, which provided a national forum to explore opportunities for, and challenges facing, Aboriginal and Torres Strait Islander peoples’

use and enjoyment of their rights to their traditional lands and resources; and

• A number of QSNTS employees presented at the National Native Title Conference of June 2015 and led discussions traversing a range of legal, anthropological, governance and dispute resolution matters.

In June 2015, the Australian Law Reform Commission (ALRC) also released a final report following its inquiry into the Native Title Act 1993 (Cth), into which both the NNTC and QSNTS independently made submissions. QSNTS will now watch with interest to see whether and how recommendations arising from those reviews are effected, and what impact they will have on the native title sector.

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.

Nation Building SummitIn December 2014, QSNTS together with Quandamooka Yoolooburrabee Aboriginal Corporation (QYAC) co-convened the Registered Native Title Body Corporate Nation Building Summit, a two-day conference held on Stradbroke Island providing support and information to PBCs established in the wake of a positive native title determination.

Centred on overcoming the challenges PBCs face in managing native title rights, the Nation Building Summit served as a forum for Indigenous corporations to draw on the advice of professionals and share in the collective knowledge and experiences of their peers. Traditional Owners also engaged in the Summit as a networking event to connect with potential new business and partnership opportunities.


On Day One of the Summit, presenters discussed the theme of nation building in the context of funding, compliance, decision making, governance, strategic planning, education and training. Delegates were also treated to a cultural tour of Minjerribah (North Stradbroke Island), highlighting the impact of positive native title determination in strengthening and protecting culture, as well as paving the way for more rewarding economic development.

Day Two saw QSNTS representatives and industry experts present a more interactive session for delegates, compelling groups to consider questions about the direction of their respective corporations and explore how they were culturally distinct and diverse from other groups. Together, the groups workshopped new ideas to help leverage native title embark on new nation-building opportunities for economic development.

Overall, the Summit received high praise as an exercise in empowerment and education, helping Indigenous communities to network and uncover potential business relationships.

Alternative Pathways to Outcomes in Native Title Anthropology ConferenceEarlier this year, QSNTS Chief Executive Officer Kevin Smith was invited to present at the Alternative Pathways to Outcomes in Native Title Anthropology conference, hosted by the Australian National University’s Centre for Native Title Anthropology, and Native Title Services Victoria.

Held at the University of Melbourne on 12-13 February 2015, the conference attracted a broad range of stakeholders in the field of native title, including representatives of the Federal Court of Australia, Traditional Owners, consultant anthropologists and legal experts, as well as students at the Melbourne Law School.

Taking place on the second day the conference, Mr Smith’s address was well-received, providing delegates with an overview of the current and emerging native title landscape, as well as a synopsis of international and Australian research on nation-building and best practice in Indigenous community self-determination.

National Native Title ConferenceIn 2015, more than 740 delegates converged on the traditional lands of the Kuku Yalanji People to attend the annual National Native Title Conference, hosted by the Australian Institute of Aboriginal and Torres Strait Island Studies (AIATSIS) at Port Douglas in Queensland.

Preceded by a one-day National Prescribed Bodies Corporate Meeting on 15 June 2015, this year’s conference centred on the theme of ‘Leadership, legacy and opportunity’, offering a unique opportunity for constituents to canvas issues and engage in debate relating to important native title matters.

Among delegates were Native Title Holders and claimants, Traditional Owners, native title representative bodies and service agencies, dignitaries of the Federal Court, the National Native Title Tribunal, State and Commonwealth governments, as well as academics, consultants and other industry representatives.

QSNTS Chief Executive Officer Kevin Smith delivered a speech at the 2015 Conference, sharing insight on Prescribed Body Corporates and the governance necessary to aid Indigenous Australians toward self-determination following recognition of native title rights and interests. Exploring the challenges of compliance, performance, funding and other important issues, Mr Smith’s address was well-received by constituents attending the conference.

Other speakers from QSNTS included:

• Tim Wishart, Principal Legal Officer, and Tony Kelly, Legal Officer, who comprised part of a panel leading a discussion on how to deal with difference and conflict;

• Mr Wishart was also part of a presentation on the effect of legislative changes permitting the term of pastoral leases to be ‘rolled’;

• Diana Romano, Research Officer, who gave a presentation titled Diasporic connection to country and performing for the state: native title recognition in remote South West


Queensland; and

• Kelly Thomas-Greer and Craig Reiach, Legal Officers, who co-presented a session titled Native Title Decisions under the PBC Regulations - Unshackling the constraints imposed upon PBCs.

NAIDOCNAIDOC (National Aboriginal and Islander Day Observance Committee) Week is a celebration of Aboriginal and Torres Strait Islander People, recognising the culture, achievements and contributions of Indigenous people.

In 2014, the theme for NAIDOC Week was Serving Country: Centenary and Beyond, honouring all Aboriginal and Torres Strait Islander men and women who fought in defence of the country and their role in shaping Indigenous identity.

To commemorate the occasion, QSNTS hosted two stalls in each Brisbane and Rockhampton on 11 July 2014, where QSNTS staff engaged with more than 1000 visitors throughout the day, sharing knowledge about native title and the accomplishments of Indigenous Australians in attaining recognition of their native title rights and interests over country. As well as fresh fruit and water, visitors also enjoyed show bags featuring pens and brochures about native title in Australia.

QSNTS staff worked tirelessly throughout the day to build attractive and engaging stalls featuring colourful photo displays, claim area maps and success stories from across the native title landscape. Community members enjoyed seeing themselves and their Elders in photographs, as well as discussing their heritage and culture at length with QSNTS Researcher, Community Relations Officers and other colleagues.

Traditional Knowledge Conference: Our Ways of Knowing and Our Ways of DoingThe Traditional Knowledge Conference was held on 25-26 June 2015 at the Brisbane Convention Centre in South Brisbane. The conference aimed

to create a culturally safe space to foster discussion relating to the implementation of traditional knowledge through research, education, culture and traditional practices.

QSNTS Chief Executive Officer Kevin gave a presentation titled Native Title Reflections and Predictions: Looking Backwards, Looking Forwards in which he shared an overview of:

• the characteristics and evolving jurisprudence of native title;

• observations of the native title system and lessons learned;

• the problematic burden of proof which rests with native title claimants;

• current and anticipated future challenges in native title; and

• the importance of PBC viability in Indigenous self determination.

Mr Smith’s presentation was well received by attendees, which included scholars, educators, social workers, health workers, Elders and a broad range of other stakeholders among Indigenous communities.

ORGANISATIONAL CAPABILITYIndigenous ProcurementQSNTS is committed to supporting Indigenous employment and business opportunities through the procurement of goods and services supplied by Indigenous providers. In the 2014-15 financial year, QSNTS sourced Indigenous businesses specialising in catering, equipment hire, venue hire and security to supply and support its five consent determinations, meetings and other events.

QSNTS continues to invite new partnerships with Indigenous businesses by advertising for expressions of interest through claim newsletters and the QSNTS website.


Video ConferencingIn this reporting period, QSNTS made a significant effort to modernise its facilities in order to better meet the needs of clients, particularly those living in remote communities. Using state-of-the-art hardware, QSNTS now hosts five virtual meeting rooms featuring high-end video conferencing technology, making meetings more accessible for both staff and clients.

QSNTS’s video conference facilities are hosted by Telstra Business Conferencing. Participants in video conferences can connect to meetings by downloading software developed by technology group BlueJeans, enabling them to view both delegates and accompanying visual aids presented during the meeting.

Since implementing its video conferencing facilities in March 2015, QSNTS has hosted more than 30 meetings with external clients, including authorisation meetings, PBC Board meetings and professional seminars. Internally, video conferencing facilities have provided flexibility for QSNTS employees and Board members to participate in more than 20 meetings and conferences from remote locations.

Organisational RestructureIn April 2015, QSNTS conducted a significant internal restructure to improve its operational capacity.

As a diverse organisation, the QSNTS workload falls into six categories:

1. Regional research, comprising four regional research projects from which new native title claims may be possible;

2. New claims, for claims that have progressed past the research phase and are in the process of authorisation and filing in the Federal Court of Australia;

3. Existing claims, already in the court system and on the pathway toward consent determination or trial; and

4. Prescribed body corporate (PBC) work, supporting Traditional Owners to manage native title rights and interests after they have been formally recognised.

After the operational amalgamation in July 2008 that saw the QSNTS native title region expand its borders beyond Mt Isa and Rockhampton, QSNTS managed this significant workload by organising itself into several small case management teams comprising a lawyer, researcher, community relations officer and paralegal.

This structure aided significantly in positive outcomes for 12 native title consent determinations within a comparatively brief period. However, with such success, QSNTS has had to evolve to meet emerging needs of Traditional Owners, particularly after native title rights and interests have been recognised.

To reflect this, QSNTS has merged its case management teams into three larger teams under the leadership of:

– Mr Tim Wishart, Principal Legal Officer;

– Ms Wati Qalotaki, Deputy Principal Legal Officer; and

– Ms Andrea Olsen, Deputy Principal Legal Officer.

Mr Wishart has retained overall supervision of the QSNTS legal practice, however he now also takes on primary responsibility for Regional Research and PBC work, while Ms Qalotaki and Ms Olsen now share responsibility for work with New and Existing Claims. All members of the QSNTS Legal team now report directly to either Mr Wishart, Ms Qalotaki or Ms Olsen.

Special effort was afforded to ensure the QSNTS legal representatives, researchers and community relations officers continued working with their existing claim groups, while also ensuring no conflicts of interest within teams and maintaining strict information barriers to protect the confidentiality and privacy among clients.

The restructure has thus far facilitated greater flexibility within QSNTS, enabling the organisation to respond more readily to changing demands of different claim groups. Similarly, greater access to various skill sets and experience across the QSNTS team has significantly improved productivity, aiding in swifter outcomes for Traditional Owners.


Media and Communication ActivitiesQSNTS takes pride in maintaining quality communication with its client groups and other stakeholders. To this end, clients receive claim-specific newsletters intermittently from QSNTS to keep stakeholders up-to-date on claim information, progress, changes and new developments as they occur.

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

In 2015, QSNTS conducted a soft rebrand of its printed materials, including its Native Title Handbook and Compliments and Complaints Brochure. Aiming for a more modern appearance that encompasses imagery reflecting country, nature and Indigenous culture, the new marketing materials have received positive feedback from stakeholders and will continue to be updated as required in future.

Since late 2014, QSNTS has also been working diligently toward the launch of a new and updated organisational website that is user-friendly and responsive to client needs. Designed together with LoveHate Design and featuring information about QSNTS, native title, public notices and relevant news, the new website will meet more modern expectations around navigation and appearance and is anticipated to launch in September 2015.

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

Prescribed Bodies Corporate Support ProgramThe QSNTS Prescribed Bodies Corporate (PBC) Support Program entered into its second year during this reporting period and has continued to prove a popular and effective tool in aiding Indigenous communities achieve self determination.

One of the program’s many functions is to aid Indigenous groups in applying for funding. In January 2015, QSNTS assisted the following groups in making their funding bids:

• Pitta Pitta;

• Kalkadoon;

• Gunggari;

• Butchulla; and

• Bularnu Waluwarra Wangkayujuru.

In May 2015, QSNTS was informed that Kullilli, Butchulla, Gunggari, Pitta Pitta, Bularnu Waluwarra Wangkayujuru and Kalkadoon were all successful in securing funding, as requested.

In the same month, QSNTS also assisted groups to submit Basic Support Funding applications for the 2015-16 financial year. Those groups were:

• Budjiti;

• Kalkadoon;

• Boonthamurra;

• Gunggari;

• Kooma;

• Pitta Pitta; and

• Yulluna;

While QSNTS awaits decisions on these funding applications, it continues to support PBCs in other ways, such as providing training and guidance for effective administration, employee recruitment, financial planning and stakeholder engagement.


LEGENDTenement Type: Legend

ATP/EPP Authority to Prospect

EPC Exploration Permit for Coal

EPM Exploration Permit for Minerals

MDL Mineral Development License

MC Mining Claim

ML Mining Lease

PL Petroleum Lease

SP Sales Permit

S29 Notifications

Tenement TypeTotal number of notices received

Number of notices (Groups represented

by QSNTS)

Type

EP RTN

ATP/EPP 7 0 0 7

EPC 11 0 11 0

EPM 187 73 182 5

MDL 10 3 10 0

MC 491 240 0 491

ML 26 5 0 26

PL 1 0 0 1

SP 0 0 0 0

Total 733 321 203 530

FUTURE ACTSIn the 2014-15 reporting period, QSNTS continued providing support to clients dealing with Future Acts in relation to their native title claim areas.

Total s24 Notifications received: 1004

Total other Notification received: 148 (NTPCs, ILUA related Tenures & Other miscellaneous notices)

Total s29 Notifications received: 733 (Breakdown below)

Paroo River on Budjiti country


GRANT FINANCIAL PERFORMANCE REPORTQSNTS FUNCTIONS

ACTUAL 2013-14

BUDGET 2014-15

ACTUAL 2014-15

VARIANCE

Capital 71,813 120,000 146,880 -26,880

Activities 7,267,467 8,777,184 7,286,491 1,490,693

Corporate 3,007,085 3,124,816 2,972,991 151,825

Commitments 2,174,887 1,808,886 1,445,961 362,925

Total 12,521,252 13,830,886 11,852,323 1,978,563

OBJECTION APPLICATIONS Objection Application Status Number of Applications

Objection Lodged 36

Finalised Objection Applications 26

AGREEMENT MAKING

NegotiationsNegotiations Commenced

Negotiations Finalised

Active Negotiations

Tenements Abandoned

ATP 0 0 0 0

EPM and EPC 32 8 30 7

ML 1 0 1 0

Other 2 0 2 0

Total 35 8 33 7

ILUASTotal Number of ILUAs Registered within QSNTS Region: 43

Total Number of ILUAs Notified within QSNTS Region: 31

CORPORATE REPORT



GOVERNANCEStatement of Main Corporate Governance Practices in place

The 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 2015:

Chairperson Colleen Wall

Deputy Chairperson Michael Cawthorn

Director Bradley Saunders

Director Bernie Yates

Director James William

Maizie Bay, Keppel Island on Woppaburra country


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

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

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

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

In this reporting period, QSNTS welcomed three new members to its Board of Directors following the departure of two members in late 2014.

Left: James Reynolds, Right: Arabella Douglas

FORMER BOARD MEMBERS

James Reynolds – Former Director

A man of Gangalidda descent, James was born in Cloncurry and has lived in various cities and towns across Australia before settling in his current home in Brisbane, South East Queensland. James has an Economics degree and MBA from the University of Queensland, and over 20 years’ professional experience in commerce, economics and regulation of utilities and infrastructure businesses, predominantly in the energy and utilities sectors. James also serves as Treasurer of non-for-profit organisations Lifetec, which provides assistive technology advice, and Queensland peak body Artisan. James ceased service as a member of the QSNTS Board of Directors on 19 December 2014.

Arabella Douglas – Former Chairperson

Arabella is a Bundjalung woman from Northern New South Wales. Her professional experience includes working as a Senior Property and Environmental Lawyer, Government Advisor, Senior Executive Public and Corporate Sector, Business Strategist and Board Director. Her focus has been on infrastructure, environment and planning, social and economic sustainability, crisis management and business improvement. Arabella ceased service as a member of the QSNTS Board of Directors on 7 November 2014.


BOARD MEMBERS AS AT 30 JUNE 2015

Colleen Wall – Chairperson

Colleen is the daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beesley (nee Minniecon), and a Senior Dauwa Kabi Woman from the Mary tributaries. Colleen is knowledgeable in Aboriginal Land Law and cultural balance in healing through Ancestors, recognizing the important responsibility that Grandmothers hold in maintaining this practice. She recognizes that importance of acknowledging Mother Earth and respective Murang (Totems) as significant beings in maintaining balance in spiritual, physical and mental health, as well as the value of teaching children’s Lore Stories in developing healthy cultural growth in our youth. Colleen is currently a Member of Family Law Council Australia and has presented an Aboriginal Child Rearing Practice paper to them. She works to deliver cultural programs to companies like Black History Month for Brisbane City Council and Clancestry Festival for Queensland Performing Arts Centre. Currently, Colleen is working on a Project documenting Aboriginal Grandmother’s Law for use in areas such as Child Protection and Family Law as well as developing an A&TSI Engagement Policy for Brisbane Power House.

Michael Cawthorn – Deputy Chairperson

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

Bernie Yates – Director

Born in Broken Hill, Western New South Wales, Bernie is a father of four and grandfather of five who now hails from Canberra in the Australian Capital Territory. He currently works part-time as a volunteer

Top Left: Colleen Wall, Top Right: Michael Cawthorn, Middle Left: Bernie Yates, Middle Right: Bradley Saunders, Bottom Left: James William


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.

Bradley Saunders – Director

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 Aboriginal traditional owner from the Maranoa River region of Western Queensland who brings personal knowledge about Indigenous customs and protocols, along with extensive experience negotiating with and for Aboriginal groups and leading Aboriginal organisations. Bradley joined the QSNTS Board of Directors on 2 April 2015.

James William - Director

James was born and raised on Masig (Yorke Island) and is an active member of the Kulkalgal Ya People of the central islands of the Torres Strait. James has lived in South East Queensland for twenty years and has over 15 years’ experience working with Aboriginal and Torres Strait Islander communities in Queensland and other states and territories. Throughout his career, James has worked in a variety of fields, including housing,

training, employment and economic development. James operates as a management consultant to private and public sector organisations, and specialises in areas such as strategy, organisational change, and human capital development. James has also developed specialist knowledge and works as a subject matter expert in the emergent space of corporate social responsibility (CSR) and has worked extensively on major projects involving Indigenous Australians in mining and construction industries.

Meeting AttendanceFrom the period of 1 July 2014 to 30 June 2015, Director attendance of meetings was as follows:

Director

No. of Meetings Eligible

to Attend

No. of Meetings attended

Michael Cawthorn (Deputy Chair)

3 3

Arabella Douglas6 1 1

James Reynolds7 1 1

Bradley Saunders (appointed 2 April 2015)

1 1

Colleen Wall (Chairperson)

3 3

James William 3 1

Bernie Yates 3 3

6 ‘Arabella Douglas’ term of appointment as a QSNTS Director was from 9 November 2010 to 7 November 2014.

7 ‘ James Reynolds’ term of appointment as a QSNTS Director was from 19 December 2013 to 19 December 2014.


COMMENCING BOARD MEMBERSPele Bennet – Director

Pele is a descendent of the Waggadaggam People from St Paul’s Village on Moa Island in the Torres Straits - Totemic association: Kadal (Saltwater Crocodile) & Baidham (Tiger Shark). Born and raised in Brisbane and now a proud member of the region’s Indigenous community, Pele commenced her career as a trainee in hearing health and has since worked within the health sector for approximately 16 years. Pele now sits on the board as a Director of Queensland’s oldest community-controlled health organization, ATSICHS, and has maintained a clear sense of obligation to support Aboriginal and Torres Strait Islander workers, families and communities, committing herself to better health outcomes and opportunities for Indigenous Australians to help them succeed in their life journeys. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, and certificates as a trainer/educator and mentor. Pele is also currently working toward a certificate-level qualification in company directorship. Pele joined the QSNTS Board of Directors on 10 July 2015.

Selwyn Button – Director

Selwyn is a Gunggari man raised in Cherbourg, South West Queensland. Prior to his appointment as Assistant Director-General, Indigenous Education – State Schools in August 2014, Selwyn held the position of CEO to the Queensland Aboriginal and Islander Health Council (QAIHC)

and was the Chairperson of the Aboriginal and Torres Strait Island Community Health Service Brisbane Limited. A former teacher and police officer with the Queensland Police Service for approximately six years, Selwyn has also served as Director, Indigenous Health Policy Branch with Queensland Health and worked within the Department of Education and Training. Selwyn is also a Director of The Lowitja Institute, Oxfam Australia and has served on a variety of councils and committees, including the Queensland Indigenous Education Consultative Committee, Queensland Council of Social Services and the Queensland Aboriginal and Torres Strait Islander Human Services Coalition. Selwyn joined the QSNTS Board of Directors on 10 July 2015.

Left: Selwyn Button, Right: Pele Bennet


EXECUTIVE MANAGEMENTThe QSNTS Executive Team consists of:

– Mr Kevin Smith, Chief Executive Officer;

– Mr Paul Davies, Chief Financial Officer; and

– Mr Tim Wishart, Principal Legal Officer.

The CFO is responsible for legislative and grant compliance and management of the PBC Support Unit and the PLO leads and oversees both the legal and research teams.

Kevin Smith, Chief Executive Officer

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 National Native Title Tribunal, the National Native Title Council 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 into Queensland South Native Title Services in 2008. He holds qualifications in both law and business management from the University of Queensland, and was admitted as a solicitor in 1994.

Tim Wishart – Principal Legal Officer

Tim has worked in legal practices for 28 years and was admitted to practise as a solicitor in 1991. His legal background is predominately in litigation and commercial law. Tim was appointed as QSNTS’s PLO in September 2011.

Paul Davies – Chief Financial Officer

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 nine years’ experience in native title working for both representative bodies and service providers in Queensland, Paul has the skills required to assist PBC’s to develop and maintain their corporate structures.

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


Claim updates are provided on a regular basis to the Principal Legal Officer, who forms a part of the Executive Team. Performance against the Operational Plan is assessed by the Executive Team on a quarterly basis, and a wider organisational performance report is submitted to the Department of Prime Minister and Cabinet for review on a biannual basis.

RISK MANAGEMENTAs part of the QSNTS risk management strategy, an electronic data management system is maintained to help manage both physical and electronic documents from initial drafting to completion. In early 2015, QSNTS transitioned from the Total Records and Information Management (TRIM) system to the Hewlett Packard Records Management (HPRM) system.

Similar to TRIM, HPRM features controlled security protocols to ensure files are securely stored and sufficiently protected to preserve solicitor-to-client confidentiality, and documents can be linked to facilitate the sharing and collaboration of information within relevant case management teams.

The HPRM system also ensures QSNTS meets regulatory and information discovery obligations, which in turn supports organisational transparency and governance. Data is backed up on a daily basis and sent to an external data centre for salvation if required, preventing the loss of corporate knowledge.

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 Prescribed Bodies Corporate (PBCs) to manage and maximise native title outcomes; and

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

Progress toward these goals is mapped through the QSNTS Operational Plan, which in this reporting period was provided to the Department of Prime Minister and Cabinet on 1 May 2014. The Operational Plan also comprises the QSNTS case management plans relating to native title claims managed by the organisation, and monitored through weekly meetings of each service delivery team.


To manage risk with regard to human resources, QSNTS also engages in extensive workforce planning to provide structure around human resource management and industrial issues. This year’s internal restructure is also reflective of risk reduction efforts as workloads within the native title sector evolve and more determinations are finalised. As a result, QSNTS’s recent restructure has enabled the organisation to respond swiftly and efficiently to the changing needs of clients. Accurate record-keeping protects against issues around remuneration, industrial relations and employment conditions, and adequate levels of WorkCover are consistently maintained.

In terms of stakeholder engagement, QSNTS endeavours to maximise outcomes from its community events while also operating within adequate budgetary and time constraints. To this end, QSNTS reserves 15% of its operation budget to the coordination of events, including large-scale determinations, field trips for research purposes, and other engagement opportunities. Cost-benefit analyses enable QSNTS to monitor outcomes against input and manage fiscal risks in this area.

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

Left: Paul Richards with a Kullilli Elder at the consent determination, Right: Kooma man Wayne ‘Coco’ Wharton with Kevin Smith

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

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

– treat all clients fairly and impartially;

– recognise and respect cultural and other diversity;

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

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

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

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

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


REMUNERATION OF STAFFRemuneration of staff is determined by the QSNTS Enterprise Agreement 2013–2015. Salary scales within the document correspond to a competency framework that outlines the key responsibilities of each position. All QSNTS employees, including senior management, are engaged on a ‘performance-based salary’ basis, which is designed to facilitate the provision of feedback to employees and managers, identify learning and development needs and assess performance.

Staff are entitled to up to two pay increases each year, subject to satisfactory performance within the realms of their position description. The first is a Consumer Price Index (CPI)-based increase, determined by the Australian Bureau of Statistics, and is payable on 1 January each year. The second is an incremental increase within the employee’s designated classification level on 1 July each year, in recognition of satisfactory performance in the previous year.

Occasionally, new employees will agree to a common law contract that includes benefits that are complementary to the provisions of the QSNTS Enterprise Agreement.

The Australian Taxation Office recognises QSNTS as a Public Benevolent Institution and, as such, employees are able to participate in a salary packaging scheme. This is facilitated by an external supplier (Advantage Salary Packaging), which allows our staff to gain additional benefits through taxation savings.

This remuneration strategy is ultimately designed to benefit QSNTS’s clients by ensuring that the organisation can attract and retain a skilled workforce, and that staff continually strive to improve which in turn supports the delivery of quality services and results.

EXTERNAL SCRUTINYAn independent annual financial audit was conducted for the reporting period by PKF Di Bartolol Diamond & Mihailaros and is appended to this report.


HUMAN RESOURCES REPORT

Sunset on Mithaka country


Left: Kevin Smith, Craig Reiach and Andrew Faye, Middle: Andrew Rayner with a Boonthamurra man, Right: Butchulla children at the consent determination

WORKFORCE PLANNINGThe first half 2015 saw the most major change the organisation has experienced since amalgamation with the restructure of the legal services unit.

In light of the current external factors influencing the organisation and the need to resolve the claims in a timely and efficient manner, it was pertinent to form the legal team into a structure whereby QSNTS could shift resources to meet emerging needs. The resulting decision was the dissolution of the Case Management Team model.

Subsequently, three service delivery teams formed, one headed by the Principal Legal Officer and two headed by the Deputy Principal Legal Officers. These three managers have become the solicitors on the record for each of the matters, and legal staff were allocated to each service delivery team. Research Officers and Community Relations Officers remain designated to claims and work closely with the teams with the carriage of those matters.

Shortly after the restructure, former Client Relations Unit Manager Sharon McAvoy moved on to new opportunities, which resulted in a subsequent restructure of the Clients Relations Unit. The Community Relations Officers moved into the Research team to be managed by Geospatial and Research Manager Jeff Harris and the events officers and reception moved into the corporate team to be managed by Chief Financial Officer Paul Davies.

QSNTS Mt Isa office reopened after refurbishment in February 2015. The office is now staffed with a Legal Officer and a part-time Office Coordinator. The Rockhampton Office also recruited a receptionist mid-2014, so the office now has three full-time employees.

Reduced budget and uncertainty about future budgets will require QSNTS to continually review the workforce and work distribution to ensure we are utilising existing resources and identifying any areas of excess.

WORKFORCE PROFILE, RETENTION AND TURNOVERAs at 30 June 2015, QSNTS has a workforce of 51 staff with a profile as follows:

Permanent 39

Contract 16

Casual 0

F/Time 51

P/Time 4

Male 32.25%

Female 67.275%

Indigenous 23.64%

TOTAL 55

There were a total of 12 exits during this reporting period, giving a turnover rate of 21.8%.


ENTERPRISE AGREEMENTNegotiations for the QSNTS’s Enterprise Agreement for 2015 to 2017 commenced in March of 2015 and resulted in the draft Agreement going to vote on 30 June and 1 July.

The Agreement was voted in with an overwhelming majority and was approved in the Fair Work Commission on 19 August 2015.

The Agreement retains previous employment conditions such as paid study leave, assistance with relocation costs, and generous recreation leave provisions. Despite impending budget restrictions, the Enterprise Agreement continues to strike a positive balance in supporting both operational requirements and employee benefits.

TRAINING AND DEVELOPMENTIn 2015, QSNTS has endeavoured to identify staff needs and deliver training opportunities for those staff and cohorts.

Harmers Workplace Lawyers provided comprehensive training to all staff of Workplace Behaviour: A Different Shade of Grey. A two hour session around responsibilities and law associated with conduct in the workplace. The management team had the benefit

of a further session that explained both individual and organisational responsibilities and liabilities in the management of people.

The Legal team have also undertaken group training in the use of legal research database, Westlaw.

The National Native Title Conference was held in June of 2015 and the organisation supported the attendance of six staff, together with a large number of directors from PBCs.

QSNTS remains committed to providing learning 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 and Future Acts (43.93%)

Research (24.24%)

Community and Client Relations (6.06%)

Corporate (18.18%)

Management (7.75%)Left: Tim Wishart with Shane Wyman of the Boonthamurra People, Middle: The Hon Justice Logan, Michael Connolly and Paul Richards, Right: Sally Maher, Mia McCulloch, Elizabeth Cowley and Kingsley Maher with others at the BWW consent determination


Left: Wati Qalotaki, Helen Bowskill QC, Paulette DuPuy, Geoff Renouf, Tim Wishart and others at the Butchuall consent determination, Right: Butchulla Elders with The Hon Justice Collier

OCCUPATIONAL HEALTH AND SAFETY Late 2014 saw the formation of the QSNTS Safety Committee. A number of staff volunteered to participate in regular meetings to discuss and review policies and procedures around Workplace Health and Safety. The group provide valuable insight from an operation and corporate perspective on how well QSNTS’ policies and procedures work in practice.

The refurbished Mt Isa office and the new Rockhampton premises have undertaken Workplace Health and Safety Audits and testing and tagging has been completed for all electronic equipment. Further, regional staff will be trained in fire safety procedures in coming months.

LOOKING AHEAD: HUMAN RESOURCES IN 2015 - 2016Over the coming year, we expect the following areas to be a priority for our Human Resources team:

• Continually reviewing the recent restructure and looking for ways to enhance service delivery and balance workload distribution;

• Identifying areas for improvement in workplace health and safety, for both office-based staff and fieldworkers through the QSNTS Safety Committee;

• Continuing all-staff professional development in critical areas; and

• Continuing to improve performance management systems and processes.

FINANCIAL REPORT



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

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

Financial Report .....................................................................................................................................66

Statement of Profit or Loss and Comprehensive Income ......................................................66

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

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

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

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

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

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

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

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


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 2015.

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

Colleen May Wall Bradley Saunders (Appointed 2 April 2015)

James Rodney William Pele Bennet (Appointed 10 July 2015)

Bernie Yates Selwyn Button (Appointed 10 July 2015)

Michael Cawthorn James Reynolds (Ceased 19 December 2014)

Arabella Katrina Douglas (Ceased 7 November 2014)

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, former Deputy Chair)

Colleen is the daughter of Herb and Alfa Geiszler (nee Beezley), granddaughter of Bert and Mary Beesley (nee Minniecon), and a Senior Dauwa Kabi Woman from the Mary tributaries. Colleen is knowledgeable in Aboriginal Land Law and cultural balance in healing through Ancestors, recognizing the important responsibility that Grandmothers hold in maintaining this practice. She recognizes that importance of acknowledging Mother Earth and respective Murang (Totems) as significant beings in maintaining balance in spiritual, physical and mental health, as well as the value of teaching children’s Lore Stories in developing healthy cultural growth in our youth. Colleen is currently a Member of Family Law Council Australia and has presented an Aboriginal Child Rearing Practice paper to them. She works to deliver cultural programs to companies like Black History Month for Brisbane City Council and Clancestry Festival for Queensland Performing Arts Centre. Currently, Colleen is working on a Project documenting Aboriginal Grandmother’s Law for use in areas such as Child Protection and Family Law as well as developing an A&TSI Engagement Policy for Brisbane Power House.

Michael Cawthorn (Deputy Chair)

Michael is from Melbourne and has lived in Alice Springs for the past twelve years. Michael is an anthropologist with a background working in museums and with Aboriginal Land Councils. He is currently working as an independent consultant anthropologist. Michael was previously Deputy Director of the Museum and Art Gallery of the Northern Territory (southern region) and the Strehlow Research Centre, and he has also served as Vice President of Museums Australia (Northern Territory). His professional experience includes


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.

Arabella Douglas (Former Chairperson)

Arabella is a Bundjalung woman from Northern New South Wales. Her professional experience includes working as a Senior Property and Environmental Lawyer, Government Advisor, Senior Executive Public and Corporate Sector, Business Strategist and Board Director. Her focus has been on infrastructure, environment and planning, social and economic sustainability, crisis management and business improvement.

James Reynolds (Director)

A man of Gangalidda descent, James was born in Cloncurry and has lived in various cities and towns across Australia before settling in his current home in Brisbane, South East Queensland. James has an Economics degree and MBA from the University of Queensland, and over 20 years’ professional experience in commerce, economics and regulation of utilities and infrastructure businesses, predominantly in the energy and utilities sectors. James also serves as Treasurer of non-for-profit organisations Lifetec, which provides assistive technology advice, and Queensland peak body Artisan.

Bradley Saunders (Director)

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.

James William (Director)

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

Bernie Yates (Director)

Born in Broken Hill, Western New South Wales, Bernie is a father of four and grandfather of five who now hails from Canberra in the Australian Capital Territory. He currently works part-time as a volunteer and a consultant, with a focus on improving the capacity of both Indigenous organisations and government agencies to strengthen their working relationships and ability to achieve positive outcomes. Prior to retiring from the Australian Public Service, Bernie worked in policy and service delivery areas for various 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 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 organization, ATSICHS, and has maintained a clear sense of obligation to support Aboriginal and Torres Strait Islander workers, families and communities, committing herself to better health outcomes and opportunities for Indigenous Australians to help them succeed in their life journeys. Pele holds qualifications in a number of fields, including a Bachelor of Health Science – Aboriginal Community Development from the University of Sydney, and certificates as a trainer/educator and mentor. Pele is also currently working toward a certificate-level qualification in company directorship.

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.

Meetings of DirectorsDuring the reporting period the Board held three meetings. Details of attendance by individual Board members are provided below.

Attendance at Board and Committee Meetings 1 July 2014 – 30 June 2015

DIRECTORS DIRECTORS’ MEETINGS

Meetings Eligible to attend Meetings attended

Colleen Wall (Chairperson) 3 3

Michael Cawthorn (Deputy Chair) 3 3

James William 3 1

Bernie Yates 3 3

Bradley Saunders (appointed 2 April 2015) 1 1

Arabella Douglas (ceased 7 Nov 2014) 1 1

James Reynolds (ceased 19 Dec 2014) 1 1


Operating ResultsThe surplus for the financial year was $285,887 (2014 surplus of $436,969).

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.

ObjectivesShort-Term 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. QSNTS has established an internal unit, the Prescribed Body Corporate Support Unit with the objective to build the capacity of PBCs to manage and maximize their recognized native title rights and interests.

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

Facilitation and assistance (s203BB)

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

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

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

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

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

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

Other functions (s203BJ)

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


Long-Term Objectives

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, practising 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

QSNTS achieves short and long term objectives by implementing a business model based on multi-disciplinary, professional case management teams. These teams work with appropriate external experts to develop, implement and review case plans, in consultation with clients and stakeholders, designed to gather credible and comprehensive evidence that achieves native title and related outcomes within designated timeframes. The operational needs of the organisation are supported by a corporate team, including finance, human resources, information technology, event management and communication support.

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

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

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

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

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

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

• 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 Michael Cawthorn

Dated: 16 September 2015


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 2015 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 2015

Notes 2015 $

2014 $

REVENUE

Revenue from ordinary activities 2(a) 12,244,149 12,413,390

EXPENSES

Consultancy costs (2,520,593) (3,233,518)

Depreciation expenses (258,969) (240,202)

Employee benefits expense (5,561,166) (5,208,052)

Meeting costs (592,536) (458,927)

Occupancy costs (470,061) (405,321)

Travel expenses (1,581,444) (1,306,087)

Other expenses from ordinary activities (973,493) (1,124,314)

PROFIT/(LOSS) FROM ORDINARY ACTIVITIES 285,887 436,969

OTHER COMPREHENSIVE INCOME - -

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

TOTAL COMPREHENSIVE INCOME - -

PROFIT / (LOSS) ATTRIBUTABLE TO MEMBERS 285,887 436,969


Statement of Financial Positionfor the year ended 30 June 2015

Notes 2015 $

2014 $

CURRENT ASSETS

Cash and cash equivalents 3 3,410,407 5,479,907

Trade and other receivables 4 158,105 217,291

TOTAL CURRENT ASSETS 3,568,512 5,697,198

NON-CURRENT ASSETS

Property, plant and equipment 5 1,474,009 1,376,133

TOTAL NON-CURRENT ASSETS 1,474,009 1,376,133

TOTAL ASSETS 5,042,521 7,073,331

CURRENT LIABILITIES

Trade and other payables 6 493,358 655,290

Financial Liabilities 7 - -

Provisions 8(a) 687,327 589,350

Other Liabilities 9 1,200,646 3,448,028

TOTAL CURRENT LIABILITIES 2,381,331 4,692,668

NON-CURRENT LIABILITIES

Provisions 8(b) 54,479 59,839

TOTAL NON-CURRENT LIABILITIES 54,479 59,839

TOTAL LIABILITIES 2,435,810 4,752,507

NET ASSETS 2,606,711 2,320,824

EQUITY

Retained earnings/(Accumulated losses) 2,606,711 2,320,824

TOTAL EQUITY 2,606,711 2,320,824



Statement of Changes in Equityfor the year ended 30 June 2015

Retained Earnings $

Total Equity $

BALANCE AT 1 JULY 2013 1,883,855 1,883,855

Net Surplus for the year 436,969 436,969

Balance at 30 June 2014 2,320,824 2,320,824

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

Net Surplus for the year 285,887 285,887

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

Statement of Cash Flows for the year ended 30 June 2015

Notes 2015 $

2014 $

CASH FLOW FROM OPERATING ACTIVITIES

Operating grant and funding receipts 10,836,167 15,358,457

Receipts from customers 51,302 298,741

Interest received 97,841 118,349

Payments to suppliers and employees (12,715,241) (12,896,736)

Net cash provided by/(used in) operating activities 13(b) (1,729,931) 2,878,811

CASH FLOW FROM INVESTING ACTIVITIES

Payment for property, plant and equipment (523,660) (634,125)

Proceeds from disposal of motor vehicles 184,091 103,452

Net cash used in investing activities (339,569) (530,673)

Net increase/(decrease) in cash held (2,069,500) 2,348,138

Cash at beginning of financial year 5,479,907 3,131,769

Cash at end of financial year 13(a) 3,410,407 5,479,907



Notes to the Financial Statementsfor the year ended 30 June 2015

NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES

The financial report is a general purpose financial report that has been prepared in accordance with Accounting Standards, Urgent Issues Group Consensus Views and other authoritative pronouncements of the Australian Accounting Standards Board and the Corporations Act 2001.

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.




2015 $

2014 $

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

(a) Revenue and Net Gains

Grant funding 12,099,670 12,023,458

Interest Income 97,841 118,349

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

Other Income & Services 29,362 271,583

Total Income 12,244,149 12,413,390

(b) Other Expenses

Loss on disposal of non-current assets - 144,701

Board expenses 74,994 68,312

Motor vehicle expenses 160,908 146,805

Photocopying & Printing 76,966 92,063

Repairs & Maintenance (incl minor equipment replacement) 61,315 66,135

Resources 68,222 127,489

Subscriptions 69,231 54,479

Telephone 172,632 98,012

Training & professional development 115,052 130,786

Other expenses 174,173 195,532

Total Expenses 973,493 1,124,314

NOTE 3: CASH & CASH EQUIVALENTS

Cash on hand 1,772 2,150

Cash at bank 3,408,635 5,477,757

3,410,407 5,479,907

NOTE 4: TRADE AND OTHER RECEIVABLES

Trade Receivables 97,605 96,378

Provision for doubtful debts (25,326) (46,089)

Prepayments 85,826 167,002

158,105 217,291


Credit Risk – Trade and Other Receivables

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

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

Ageing of Trade Receivables

Total Amount

$

Less than 30 Days

$

Past Due 31-60 Days

$

Past Due 61-90 Days

$

Past Due <90 Days

$

Past Due and Impaired

2015 Trade Receivables

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

2014 Trade Receivables

96,378 15,246 - - 81,132 46,089

2015 $

2014 $

NOTE 5: PROPERTY, PLANT AND EQUIPMENT

Land & Building – at cost 794,403 560,000

Less accumulated depreciation (102,550) (80,000)

691,853 480,000

Plant and equipment - at cost 681,259 607,490


205,313 260,326

Motor vehicles - at cost 366,754 410,689


339,866 342,277

Office equipment - at cost 346,229 346,229


236,977 293,530

Total property, plant and equipment 1,474,009 1,376,133

An independent valuation of the land and building at 31 Commercial Road Mount Isa QLD was performed by Herron Todd White. The stated market value of land and buildings is $600,000 as at 30 June 2013.



NOTE 5: PROPERTY, PLANT AND EQUIPMENT (Cont’d)

Movements in Carrying Amounts

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

Land and Building

$

Plant and Equipment

$

Motor Vehicles

$

Office Equip

$

Total $

2015

Balance at the beginning of the year 480,000 260,326 342,277 293,530 1,376,133

Additions 234,403 73,769 215,488 - 523,660

Disposals - - (166,815) - (166,815)

Depreciation expense (22,550) (128,782) (51,084) (56,553) (258.969)

Carrying amount at end of year 691,853 205,313 339,866 236,977 1,474,009

2015 $

2014 $

NOTE 6: TRADE AND OTHER PAYABLES

CURRENT

Trade creditors and accruals 270,049 328,007

Sundry creditors 223,309 327,283

493,358 655,290

NOTE 7: FINANCIAL LIABILITIES

CURRENT

Credit Card Liability - -

NOTE 8: PROVISIONS

CURRENT

Employee benefits – Annual Leave & Time in Lieu Provision 390,630 383,413

Employee benefits – Long Service Leave Provision 296,697 205,937

687,327 589,350

NON CURRENT

Employee benefits – Long Service Leave Provision 54,459 59,839

Provision for Make Good of Office Premises - -

54,479 59,839



2015 $

2014 $

NOTE 9: OTHER LIABILITIES

CURRENT

Income in Advance – Unexpended Grant Funds 1,200,646 3,448,028

NOTE 10: RELATED PARTY TRANSACTIONS

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

Colleen May Wall James Rodney William Bradley Saunders (Appointed 2 April 2015)Michael Cawthorn Bernie Yates Arabella Katrina Douglas (Ceased 7 Nov 2014) James Reynolds (Ceased 19 Dec 2014)

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. Total payments and reimbursements to Directors during the financial year were $32,594 ($54,650 2013-14).

Other Key Management Personnel Compensation Summary

Short Term Employee Benefits 629,961 603,622

Long Term Employee Benefits 22 ,946 8,805

652,907 612,427

NOTE 11: ECONOMIC DEPENDENCE

Economic dependence 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 12: SEGMENT REPORTING

The Company operates in the Community Services Segment.

NOTE 13: CASH FLOW INFORMATION

Reconciliation of cashCash at the end of the financial year as shown in the statement of Cash Flows is reconciled to the related items in the statement of financial position as follows:

Cash on hand 1,772 2,150

Cash at bank 3,408,635 5,477,757

3,410,407 5,479,907



2015 $

2014 $

NOTE 13: CASH FLOW INFORMATION (Cont’d)

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

Profit/(Loss) from ordinary activities after income tax 285,887 436,969

Non cash flows in profit from ordinary activities

Depreciation 258,969 240,202

Net (gain)/loss on disposal of property, plant and equipment (17,276) 144,701

Provision for doubtful debts (20,763) 9,093

(Increase)/decrease in prepayments 81,176 (38,700)

(Increase)/decrease in trade receivables (1,227) (38,978)

Increase/(decrease) in trade and other payables (161,932) 106,093

Increase/(decrease) in income in advance (2,247,382) 1,977,753

Increase/(decrease) in provisions 92,617 41,678

Cash flows from operations (1,729,931) 2,878,811

NOTE 14: 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 3,410,407 5,479,907

Trade and Other Receivables 158,105 217,291

3,568,512 5,697,198

Financial Liabilities

Trade and Other Payables 493,358 655,869

Financial Liabilities - -

Income in Advance – Unspent Grant Funds 1,200,646 3,448,028

1,694,004 4,103,897



NOTE 14: FINANCIAL RISK MANAGEMENT (Cont’d)

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

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

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

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

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

• maintaining a reputable credit profile;

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

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

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

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

2015 $

2014 $

2015 $

2014 $

2015 $

2014 $

2015 $

2014 $

Financial liabilities due for payment

Trade & other payables 493,358 655,869 - - - - 493,358 655,869

Financial Liabilities - - - -

Income in Advance 1,200,646 3,448,028 1,200,646 3,448,028

Total expected outflows

1,694,004 4,103,897 - - - - 1,694,004 4,103,897

Financial assets — cash flows realisable

Cash and cash equivalents

3,410,407 5,479,907 - - - - 3,410,407 5,479,907

Trade & Other Receivables

158,105 217,291 - - - - 158,105 217,291

Total expected inflows 3,568,512 5,697,198 3,568,512 5,697,198

Net (outflow)/inflow on financial instruments

1,874,508 1,593,301 - - - - 1,874,508 1,593,301



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

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

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

NOTE 15: COMMITMENTS

Operating Lease Commitments

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

2015 $

2014 $

Payable – minimum lease payments 523,764 503,620

Not later than 12 months 1,700,791 2,224,555

Between 12 months and five years $2,224,555 $2,728,175

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 $349,000 involving future payments within the next 12 months for research, consultancy and information technology services.

NOTE 16: AUDITORS REMUNERATION

Audit Services 26,444 25,839

Other Services - -

$ 26,444 $25,839

NOTE 17: CONTINGENT LIABILITIES

The company had no known contingent liabilities as at 30 June 2015.



NOTE 18: EVENTS SUBSEQUENT TO REPORTING DATE

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

NOTE 19: COMPANY DETAILS

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

Date of Incorporation: 2 June 2005

Directors’ Declarationfor the year ended 30 June 2015

The directors of the company declare that:

1. The financial statements and notes, as set out on pages 7 to 19 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 2015 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 Michael Cawthorn



Independent Audit Report to the Members of Queensland South Native Title Services Limitedfor the year ended 30 June 2015

Report on the Financial ReportWe 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 2015 and the statement of comprehensive income, statement of change in equity and cash flow statement for the year ended on that date, a summary of significant accounting policies and other explanatory notes and the Directors’ declaration.

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

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

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial report. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal controls relevant to the entity’s preparation of the financial report that gives a true and fair view in order to design audit procedures that are appropriate to the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the directors, as well as evaluating the overall presentation of the financial report.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.







Independent Audit Report to the Members of Queensland South Native Title Services Limited (Cont’d)for the year ended 30 June 2015

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

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

i. giving a true and fair view of the company’s financial position as at 30 June 2015 and of their performance for the year ended on that date; and

ii. complying with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Regulations 2001.



Canberra













Disclaimer to the Members of Queensland South Native Title Services Limitedfor the year ended 30 June 2015

The additional financial data presented on page 24 is in accordance with the books and records of the company which have been subjected to the auditing procedures applied in our statutory audit of the company for the financial year ended 30 June 2015. It will be appreciated that our statutory audit did not cover all details of the additional financial data. Accordingly, we do not express an opinion on such financial data and we give no warranty of accuracy or reliability in respect of the data provided. Neither the firm nor any member or employee of the firm undertakes responsibility in any way whatsoever to any person (other than Queensland South Native Title Services Limited) in respect of such data, including any errors of omissions therein however caused.





Detailed Profit and LossFor the Year Ended 30 June 2015for the year ended 30 June 2015

2015 $

2014 $

INCOME

Grant funding 12,099,670 12,023,458

Interest Income 97,841 118,349

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

Other Income & Services 29,362 271,583

Total Income 12,244,149 12,413,390

LESS EXPENSES

Audit fees 26,444 25,839

Advertising 169,284 134,307

Bank charges 10,015 8,781

Board fees & expenses 74,994 68,312

Catering, venue hire & meetings 427,728 332,187

Computer expenses 25,629 21,743

Consultancy fees - anthropological 1,055,999 955,751

Consultancy fees - legal 1,066,619 1,709,398

Consultancy fees – research & facilitators 41,485 161,718

Corporate expenses 174,599 182,842

Depreciation 258,969 240,202

Insurance 52,916 57,753

Loss on sale of non-current assets - 144,701

Mapping & Resources 68,222 127,489

Motor vehicle expenses (incl vehicle hire) 160,908 146,805

Office expenses 49,389 51,215

Other general expenses 45,341 45,341

Postage 34,340 34,301

Printing and photocopying 76,966 92,063

Provision for Doubtful Debts 9,590 8,600

Rent 380,072 323,819

Repairs, maintenance and minor replacements 61,315 66,135

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


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

Salaries and on costs 5,105,723 4,798,756

Security costs 4,752 3,780

Storage fees 8,499 13,344

Subscriptions 69,230 54,479

Superannuation 455,442 409,296

Telephone & Communications 172,632 98,012

Training & professional development 115,053 130,786

Traveling & accommodation expenses (incl consultant travel) 1,756,107 1,528,666

TOTAL EXPENSES 11,958,262 11,976,421

OPERATING SURPLUS/(LOSS) 285,887 436,969

Detailed Profit and LossFor the Year Ended 30 June 2015 (Cont’d)for the year ended 30 June 2015


INDEXAdvocacy ......................................................................................................................................5, 7, 17, 36-37, 63, 64

Board of Directors .................................................1, 4-6, 12, 14, 15, 45-49, 60-64, 65, 69, 74, 75, 78, 79-80

Capacity development .......................................................................................................................13, 16, 17-18, 63

Current claims........................................................................................................................................................... 26-31

Department of the Prime Minister and Cabinet .....................................................................2, 10, 13, 51, 64, 74

Financial Statements ............................................................................................................................................... 58-83

Future Acts ....................................................................................................................................12, 14, 17, 22, 42-43

Outputs Table ..................................................................................................................................................................22

Prescribed Bodies Corporate ...................................................................2, 4, 12, 17-18, 38, 40, 41, 51, 63, 64

Research Projects....................................................................................................................................................34-36

Stakeholder Engagement....................................................................................................................................... 37-39

Strategic Plan ..................................................................................................................................................................51

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