2 15 Rep rt - Squarespace Corporate Services Unit Report 15 SWALSC Overview ... From May to July 2015 we ran by-elections to fill vacancies in Gnaala Karla Booja, South West Boojarah

Noongar boodja

Ph: (08) 9358 7400 | Fax: (08) 9358 7499

Email: [email protected]

Web: www.noongar.org.au1490 Albany HighwayCannington WA 6107

PO Box 585Cannington WA 6987

AnnualRep rt

2 15

SOUTH WEST ABORIGINAL LAND AND SEA COUNCIL

CONTENTS

4 Chairperson’s Report

5 Chief Executive Officer’s Report

7 SWALSC Directors’ Profiles

10 Noongar Native Title - Process

Diagram

11 Regional Development and

Implementation Unit Report

11 Land Unit Report

12 Legal Services Unit Report

13 Leadership Unit Report

13 Research Unit Report

14 Corporate Services Unit Report

15 SWALSC Overview

19 Directors’ Report

20 Statement by the Directors

21 Independent Auditor’s Report

24 Statement of Comprehensive Income

for the year ended 30 June 2015

25 Statement of Financial Position as at

30 June 2015

26 Statement of Changes in Equity for

the year ended 30 June 2015

27 Notes to the Financial Statements for

the Year ended 30 June 2015

40 Appendix 1

41 Appendix 2

42 Appendix 3

43 Glossary and Definitions

REPORTS STATEMENTS

Production and design by Amy

Williams. This report and the

information contained in it are subject

to copyright, the ownership of which

resides with the South West Aboriginal

Land and Sea Council Corporation, and

may not be copied in whole or part

without the consent of the copyright

holders.

The South West Aboriginal Land and

Sea Corporation is a Deductible Gift

Recipient under Division 30 of the

Income Tax

Assessment Act 1997

Australian Business Number (ABN)

42 485 265 673

Indigenous Corporation Number (ICN)

3832

South West Aboriginal Land

and Sea Council

Ph: (08) 9358 7400

Toll Free: 1800 617 617

Fax: (08) 9358 7499


Web: www.noongar.org.au

1490 Albany Highway

Cannington WA 6107

PO Box 585 Cannington WA 6987

3

South West Aboriginal Land and Sea Council

21 September 2015

The Hon Nigel Scullion MP

Minister for Indigenous Affairs

Parliament House

GPO Box 1566

Canberra ACT 2600

Dear Minister

Annual Report - South West Aboriginal Land and Sea Council

In accordance with clause 42 of the Native Title Funding Agreement, I have pleasure in presenting the Annual Report

for the South West Aboriginal Land and Sea Council Aboriginal Corporation together with the audited financial

statements for the financial year ended 30 June 2015.

Yours sincerely,

Jeanice Krakouer

Chairperson


Telephone: 9358 7400 or 1800 617 617

Facsimile: 9358 7499

1490 Albany Highway, Cannington WA 6107

PO Box 585, Cannington WA 6987

www.noongar.org.au

ABN 42 485 265 673. ICN 3832.

In making this report, I would like

firstly to thank the former Directors,

led by the former Chairperson,

Cherry Hayward. Throughout the

course of their term, the negotiations

with the State for the South West

Settlement were completed, leading to

the successful Authorisation meetings

which concluded in March 2015.

This has been an outstanding

achievement for the South West

Aboriginal Land and Sea Council

(SWALSC) as a Corporation and for

the entire Noongar community. I am

convinced that the community has

spoken truly and that the Settlement is

the best way forward for us within the

Native Title arena.

I would also like to take this opportunity

to thank our Chief Executive Officer

through this period, Glen Kelly, and his

team for their untiring and dedicated

work during this demanding time.

We are now moving through to the

complex post-authorisation period

when we will assist the Agreement

Groups to establish Regional

corporations and SWALSC will transition

to being an entirely new form of service

provider to our community, as we aspire

to be appointed the Central Services

Corporation in the new governance

structure.

One of the first actions of the new Board

of Directors has been to commission a

new Strategic Plan for the Corporation

to lead the way into the future. A copy

of this plan is now available on our

website.

I was delighted to be elected as a

Director of SWALSC in the recent

elections and was honoured to be

appointed as Chairperson of the

Corporation by the Board of Directors.

I assure all members that I, along with

the other Directors, will be working hard

in the interests of our community as we

move to realise the full potential of the

Settlement over the coming year.

Warm wishes,

Jeanice Krakouer

Chairperson

ChAiRPERSON’S REPORT

Jeanice Krakouer CHAIRPERSON

5

I am proud to present this report

on an historic year for the South

West Aboriginal Land and Sea

Council (SWALSC) which resulted

in the authorisation of a world-class

settlement, including a Bill recognising

Noongar People as the Traditional

Owners of Noongar Boodja. The

2014/2015 year saw great changes and

our busiest year ever.

We ran Agreement Information Meetings

between September and November

2014 for members and native title

holders regarding the details of the

proposed settlement offer from the

State.

Members endorsed a new Rule Book at

a Special General Meeting in December

2014, which called for new Election

Rules to meet the new eligibility

requirements for Directors.

From January to March 2015, we ran six

historic Indigenous Land Use Agreement

(ILUA) Authorisation Meetings across

Noongar country, where the majority

of attendees at each meeting voted to

authorise the ILUAs.

From February to May 2015 we were

busy running the first Election of

Directors under the new Rules. In

May 2015, Directors were elected in

Ballardong, Whadjuk and Wagyl Kaip

Wards. From May to July 2015 we ran

by-elections to fill vacancies in Gnaala

Karla Booja, South West Boojarah

and Yued Wards. Profiles of the new

Directors are included at pages 7-9 of

this Report.

We deferred the 2014 AGM from

November 2014 to May 2015 to avoid

a clash with the original schedule for

Authorisation meetings. This AGM

marked the departure of the outgoing

Board and the appointment of the

incoming Directors.

The new Directors developed a new

Strategic Plan for 2015-2020, which is

now being circulated. You can access a

copy at our website www.noongar.org.

au or phone our office and we will post

you a copy.

Having been signed by Noongar

applicants and certified by SWALSC and

relevant State representatives, the ILUAs

were signed by the Premier on 8 June

2015 and subsequently lodged with the

National Native Title Tribunal.

Following the Authorisation meetings,

SWALSC was subject to a large number

of staff redundancies and we farewelled

many staff members whose positions

were no longer required. Their selfless

commitment and hard work is of

particular note as they knew that a

successful outcome would mean the

end of their jobs at SWALSC. I thank

each and every one of them for their

contribution to securing a world class

native title settlement on behalf of

Noongar People.

We have provided a submission on the

State’s amendments to the Aboriginal

Heritage Act which considerably

weakened the limited protection

of important heritage sites and we

continue to strenuously object to

deregistration of rivers and important

sites.

New Noongar consultation benchmarks

have been set by the high level of

engagement between the Whadjuk

Working Party and the Metropolitan

Redevelopment Authority on major

projects and developments including

the Perth Stadium, Gateway WA and

Yagan Square.

In addition to the above work, it was

business as usual, with a busy schedule

of meetings of Board of Directors,

Membership Sub-Committee, Working

Parties and Future Act Sub-Committees,

as well as future act negotiations.

Looking towards 2015/2016

Managing the work ahead will be

challenging but, with a strong Board of

Directors in place, committed staff and

the support of the Noongar community,

we are confident that we will continue

to exceed expectations.

This Annual Report contains a diagram at

page 10 Gnullark Koorliny Kolbang – Us

Going Forward which sets out SWALSC’s

work programme through to October

2016. Our three main areas of focus will

be:

• ILUA Process: Ensure compliance

with the legal processes as set out

in the ILUAs;

• Trustee Appointment: Participate

in the Trustee selection process

and establishment of associated

committees. Ensure that

investment, funding agreements

and funding payments comply with

the Trust Deed; and

ChiEf ExECuTivE OffiCER’S REPORT

Wayne Nannup CHIEF ExECuTIvE OFFICER

• Lands, Regional corporations

and Central Services Corporation

activities: Facilitate the

establishment of the six Regional

corporations (RCs), including

Agreement Group meetings

required.

Acknowledgements

Firstly, I acknowledge the outgoing

Directors for their leadership

throughout the intensely difficult

negotiation and authorisation phases.

The Noongar Negotiation Team should

also be acknowledged for their great

resolve to achieve the best outcome

possible for Noongar People.

Secondly, I congratulate the new

Directors on their election and

appointment, for a term that will be

equally intense, given the enormous

work programme ahead. I look forward

to a strong and positive working

relationship with the new Board and

implementing their Strategic Plan.

I would also like to thank the SWALSC

staff who remain, for bouncing back

after the Authorisation Meetings and

getting on with the job of implementing

the ILUAs. Although it feels like our

work has increased and our numbers

have decreased, I’m confident that the

staff will continue to demonstrate their

dedication and commitment to getting

the job done.

The final acknowledgement is for Glen

Kelly, although I’m not sure that words

can capture the contribution he made

over nine years as SWALSC’s CEO. In

particular, his leadership during the

negotiations and authorisation of

the most comprehensive native title

agreement in Australian history – an

achievement that most regarded as

impossible – was monumental. That he

withstood the constant challenges and

overcame the obstacles put in his way,

and that he remained focused on the

outcome, is testament to his courage,

vision and determination to build a

foundation for a strong and united

Noongar Nation.

Conclusion

In closing, I congratulate the Noongar

community for recognising the

opportunities that the Noongar Native

Title Settlement presents and having

the courage to vote for a better future.

This is the first crucial step on a journey

towards building a strong Noongar

Nation with an improved health,

education, employment and economic

outlook, and to producing a new

generation of Noongar leaders.

Although there was strong opposition

to the native title settlement, we

encourage everyone to get involved

in the establishment of the Regional

corporations so that they can work to

represent the interests of all Noongar

People.

There are exciting and challenging times

ahead and I look forward to serving the

Noongar community as it heads in this

new direction.

Wayne Nannup

Acting Chief Executive Officer

7

Jeanice was elected as Director by

the Wagyl Kaip members. Jeanice

understands the importance of good

governance and procedures. She has

extensive experience serving on boards

at a State, Regional and local

community level. As a community

member she understands the needs,

aspirations and struggles faced by the

Noongar community. As the newly

appointed SWALSC Chairperson, she

is keen to promote new opportunities

for a brighter future for our Noongar

community.

Michael Hayden Jnr is a Njaki Njaki

Noongar and the Director for Ballardong

Ward. He has over 15 years professional

experience. This includes policy,

community and business development,

contract management, native title and

strategic engagement with Aboriginal

communities across WA. He was a

key player in the establishment and

re-establishment of several key Noongar

and non-Noongar organisations. Michael

wants SWALSC to focus on empowering

Noongar People to influence and create

sustainable change.

Dean was elected as Director, Gnaala

Karla Booja Ward. Dean has a passion

for employment, training and mentoring

services. He has extensive advocacy

experience, representing community

on health, accommodation, training and

employment issues. Dean is a business

owner, is active on various committees

and currently employed as a VTEC

Mentor by the Chamber of Commerce

WA.

SWALSC DiRECTORS’ PROfiLES

Jeanice Krakouer DIRECTOR AND CHAIRPERSON Wagyl Kaip Ward e: [email protected]

Michael Hayden Jnr DIRECTOR Ballardong Ward e: [email protected]

Dean Wynne DIRECTOR Gnaala Karla Booja Ward e: [email protected]

Brendan Moore is the Director for

Yued Ward. He has an undergraduate

Science degree, Master’s degree and

represents his family on the Whadjuk

Working Party. He was involved in the

early development of the Kaardtijin

Noongar website and the establishment

of the Walyalup Aboriginal Cultural

Centre in Fremantle. Brendan believes

in demonstrating the highest standards

of integrity and good governance and is

committed to Noongar advancement.

Jack was elected for a fifth consecutive

term as Director of the South West

Boojarah Ward. He believes in strong

governance and is confident that

SWALSC can rise to the challenges that

lie ahead. He is keen to ensure that the

Noongar community is well positioned

to embrace the opportunities

presented by the South West (Noongar)

Settlement.

Jack Hill DIRECTOR South West Boojarah Ward e: [email protected]

Gordon was elected for a second

consecutive term by the Whadjuk

members. He believes in, and is

committed to good governance,

accountability and transparency. He

is keen to build the Noongar Nation.

He believes that our Noongar culture,

language, land and economics

provides a solid foundation for future

generations. Gordon is actively

involved in business and a number

community organisations.

Gordon Cole DIRECTOR Whadjuk Ward e: [email protected]

Brendan Moore DIRECTOR Yued Ward e: [email protected]

9

Ted Hart was on the Interim

Executive Committee from SWALSC’s

commencement and was Chairperson

between 2003 and 2008, continuing as

a Director until the present time. Ted

has extensive knowledge of the South

West (Noongar) Settlement and the

Heritage Act. He has vast experience in

corporate governance through serving

on various Boards. Ted believes in strong

governance and quality management,

and is a strong and passionate advocate

for Noongar People.

Fay Slater has represented the interests

of Noongar People over many years in

organisations including the Local Shire,

local Aboriginal Corporation and the

Church. Fay has served on the Executive

Committee and SWALSC Board over

consecutive terms since May 2005.

She has extensive experience and

knowledge of corporate governance

and the issues faced by Noongar People.

Fay is passionate about improving the

lives of Noongar People through the

advancement of health and related

initiatives.

Ted Hart INTERIm ExPERT DIRECTOR e: [email protected]

FAy SLATER INTERIm ExPERT DIRECTOR e: [email protected]

noongar native title settlement - process diagramgnullark koorliny kolbang - us going forward

ILuA PROCESS TRuSTEE APPOINTmENT NOONGAR CORPORATIONSExecution Date First round of Agreement Group

Meetings and workshopsConclusive Registration & Consent Orders

for NT Determination

Settlement Effective Date

Trustee Selection t sesses responsesPre Incorporation meetings for

Regional corporations

Trust Effective Date

Successful Trustee notified

Trustee enters pre appointment agreement

with State (to enable establishment)

RCs hold first meetings post

Incorporation

Future & Operations Fund payments

received by Trust

Regional corporations sign agreement to

Novate the ILUA in each region to the RC

Regional and CSC Corps sign Funding

Agreement with Trustee corporations

receive initial Funds

Trustee establishes Noongar Advisory

Company

Trustee establishes all Trust Committees

Trustee establishes “Land Sub”

Trustee appoints Regional corporations &

CSC as “Eligible Noongar Entities” (ENE)

Trustee invests Funds according to agreed

policies

Trustee signs Funding Agreement with RCs

and the CSC

Trustee makes Funding payments to

corporations

RCs and CSC achieve “Eligibility” as

ENEs

RCs and CSC are appointed as ENEs

Housing Land Transfers commence

“Annexure X” Land transfers commence

Further land identifications commence

CSCs ENE “Common Platform” is

available Land Unit systems available

for RCs and Trustee

ENEs able to commence operations

Rep

ort

s

11

REgiONAL DEvELOPMENT AND iMPLEMENTATiON uNiT REPORT

following the successful

authorisation of the ILUAs

in all six Noongar regions,

the primary task of the

Regional Development Unit (RDU)

is to maintain momentum by

initiating the process of community

engagement, communication and

participation of understanding all the

ILUA implementation requirements.

This will include discussions on

establishment of the six Eligible

Noongar Entities which will become

the Regional corporations. We can now

point toward the future opportunities

for the Noongar community. While

not perfect, many components of the

ILUA go to addressing the aspirations

that have been articulated by Noongar

people over a very long time.

Whilst the six ILUAs are yet to be

conclusively registered by the National

Native Title Tribunal, RDU must

continue engagement with the Noongar

community to build an understanding

of the process, and the ownership of

and participation in the establishment

of the governance structures.

Securing the Alternative Settlement

Agreement with the State government

is the culmination of a long-term

strategic approach that has required a

commitment by SWALSC for more than

a decade. This has also been driven

by feedback to SWALSC following

discussions with thousands of Noongar

community members.

As we go forward toward

Implementation, it is RDU’s

responsibility to articulate the

opportunities the ILUA presents

(Noongar to Noongar Domain). For

this to be successful it is vital the

engagement is open and transparent.

The RDU will be seeking feedback from

the Noongar community regarding their

inspirational future directions and ways

to improve the processes.

Native Title business will also be

carried out by the RDU team where

necessary in support of the Legal Unit.

Gail Beck, Regional Development Unit

Manager

LAND uNiT REPORT

The Land Unit contributed to

negotiation of the ILUAs, with

a focus on matters including

finalisation of:

• Land Base Strategy;

• Access to Unallocated Crown Land

and Unmanaged Reserves;

• Access to Department of Water

Lands;

• Joint and Cooperative

Management; and

• Housing.

Following the completion of

negotiations, we were directly involved

in the Authorisation meetings by

preparing and providing information

on land, maps, Joint and Cooperative

Management, Access, as well as

providing logistical support.

With Authorisation now complete, we

are focussed on core Land Unit services

and how we can actively participate in

the establishment of the new Regional

corporations, with the following being

priority activities:

• Assess all land offered by the

State, including field visits (with

RDU support) and provide land

selection advice to Working

Parties;

• Assist with the coordination of

Heritage matters (responsibility for

heritage management transferred

to the Land Unit in July 2014)

including the implementation

of the Noongar Standard

Heritage Agreement and ongoing

consultation with Working Parties;

• Prepare Land related policies for

consideration by the Regional

corporations;

• Prepare for implementation

of Cooperative Management

Agreements;

• Obtain advice on the design

and establishment of a Land

Information Management System;

and

• Prepare information for discussion

by the Regional corporations.

We will actively participate in

community discussions on all core

Land Unit services including Joint and

Cooperative Management, Land Access,

the Noongar Land Estate and the

Noongar Standard Heritage Agreement

process.

Glenn Shaw, Land Unit Manager

LEgAL SERviCES uNiT REPORT

with the conclusion of the

Settlement negotiations

the major and

unprecedented nature of

the Legal Unit’s workload has been the

implementation of the Authorisation

Plan and legal compliance requirements

for the conduct of the six South West

ILUA Authorisation meetings held in

early 2015. With authorisation of all

six ILUAs by the Noongar Agreement

Groups, the Legal Unit subsequently

implemented the Post-authorisation

Plan and steps required for conclusive

registration of the ILUAs, including the

Certification of the six ILUA Applications

for Registration lodged by the State with

the National Native Title Tribunal (NNTT).

The Legal Unit’s workload has been

defined by the amount of work and

scope of outcomes achieved during the

reporting period across all Regions. For

example, this has involved concluding a

number of Future Acts and major mining

and petroleum agreements, in particular

in the Yued and Whadjuk Claim

Regions, and working towards finalising

negotiations involving several major

mining companies in the Gnaala Karla

Booja Claim Region. Land Agreements

with the State have seen a number of

parcels of freehold land transferred into

the Ballardong Native Title Charitable

Trust, with pending parcels currently

being negotiated in the Wagyl Kaip/

Southern Noongar and South West

Boojarah regions. As with previous

agreements already in place, the

Legal Unit is implementing these new

agreements to bring about benefits to

Noongar people and maintaining strong

relationships with the proponents.

Protection of Aboriginal Heritage

Sites has been a major concern for the

Working Parties with Legal responding

as instructed to the major changes to

the threshold test of section 5 of the

Aboriginal Heritage Act 1972 (WA) (AHA)

and the deregistration of Sites, including

deregistration of rivers in the South

West introduced by the Department of

Aboriginal Affairs (DAA) in the previous

reporting period. The Legal Unit has

made numerous submissions to the

DAA Aboriginal Cultural Management

Committee (ACMC) and written to DAA

to place a moratorium on deregistration

of Sites. The Legal Unit has also lodged

submissions to State and Federal

Governments in relation to the Main

Roads WA Roe Highway 8 Extension

Project on Whadjuk country. On 8 June

2015, the Noongar Standard Heritage

Agreement (NSHA), negotiated as part of

the South West Settlement commenced.

The Legal Unit now provides proponents

with the NSHA replacing the Standard

Heritage Protection Agreement.

Facilitating and influencing early

engagement and benchmarking

consultation strategies on major State

infrastructure projects has resulted in

major input by the Whadjuk Working

Party into the design and construction

of the Department of Treasury Perth

Stadium Precinct, Metropolitan

Redevelopment Authority Projects,

including Yagan Square and Public

Transport Authority Forrestfield Airport

Link Project. The commitment by the

Working Party and Government agencies

to engage in new and innovative ways

to establish long term relations and

outcomes for Noongar and Whadjuk

people bodes very well for the

transition into the Regional Corporation

structure across all six Agreement

Groups.

Legal Services Statistics

CLAImANT APPLICATIONSFiled this year: 0

Number of current active claims: 10

Number of Registered claims: 6

Non-Claimant Applications: -

Agreements: 21

Ongoing Mediations (Harris Family): 3

Compensation Claims: 0

Future Act Notices received: 513

Responses to Future Act Notices: 513

Determinations of Native Title: -

ILUAs negotiated, registered: -

CLAImANT AND DISPuTESComplaints received: 0

Complaints resolved: 0

Complaints pending: 0

Disputes relating to Native Title

Applications

0

Disputes relating to ILUAs, rights of

Access and other matters:

0

Requests for Review of decisions not

to assist:

0

Stefan Le Roux, Principal Legal Officer

LEADERShiP uNiT REPORT

The sole aim of the Ngalla

Kaartdijin, Our Knowledge -

Noongar Leadership Programs

is to increase the capacity of

all Noongar people to create a stronger

future for all West Australians.

Two of the Programs, Community

Leadership and Governance

Development have been our focus in

2015.

A Facilitator Masterclass was hosted

in November 2014 to establish and

maintain a high standard of program

delivery for all Ngalla Kaartdijin

programs. Ngalla Kaartdijin identified

experienced Noongar facilitators who

were invited to participate.

The Masterclass provided tips and

additional resources to the Noongar

facilitators to maximise the learning

outcomes for future course participants.

This has increased the capacity and

pool of skilled facilitators that can

be engaged for future Community

Leadership programs.

The Community Leadership program

has been developed and modified for

Women and Men.

The first Noongar Women’s Community

Leadership program was delivered

in December 2014. Feedback

from participants has led to further

improvements and an increase in

Noongar language included in the

program.

The First Noongar Maaman (men)

Community Leadership program was

hosted in February 2015, attracting

strong Noongar Maaman. The

participant feedback has been very

positive and encouraging.

The Leadership Team has been reduced

to one person who will focus on the up-

skilling of facilitators and the delivery

of the Community Leadership program

and Governance programs.

Tahn Donovan, Leadership

Rep

ort

s

13

RESEARCh uNiT REPORT

In 2014-2015, the Research Unit

played a significant role in both the

Agreement Information Meetings,

and in the ILUA Authorisation

meetings.

Agreement Information meetings – September to October 2014

In September to October 2014, SWALSC

presented Agreement Information

Meetings to all six claim groups, in

Perth and in Regional towns. At these

meetings the claim anthropologist gave

a presentation on the updated list of

Apical Ancestors. We produced family

trees for each Apical Ancestor showing

all their descendants born over 100

years ago, and the family names of the

next generation of descendants. These

were displayed at each meeting and

generated a great deal of discussion and

interest.

Authorisation meetings – January to march 2015

The Research Unit managed the

meeting registration process at the ILUA

Authorisation Meetings to confirm that

the meeting attendees were connected

to the Apical Ancestors for that area.

We developed a fast-track registration

process and pre-registered almost 1,400

Noongar people. This streamlined

the registration process in an effort to

minimise waiting times. We would like

to thank the Noongar community for

their patience throughout the meeting

registration process.

Sarah Bell, Research Manager

Although the State has

ceased to fund any of

SWALSC’s activities, the

Commonwealth has provided

substantial support in the form of

additional funds for the Authorisation

process, post-Authorisation staff

redundancies and legal costs. As a

result, we were able to successfully

complete the ILUA Authorisation

process.

We have now entered into a transition

period, where we are focussed on what

is required to implement the ILUAs.

During the year, we held a Special

General Meeting at which the members

approved the adoption of a new Rule

Book to comply with the requirements

of the ILUA. By adopting the new

Rules, we have achieved one of the

requirements for being appointed as

the Central Services Corporation (CSC)

by the Trustee.

Following the Rule Book change, an

election of Directors was conducted

with the assistance of the Selections

Committee, a newly formed body

required under the new Rules. We

have received a lot of positive

community feedback that this new

process is a great improvement. This

was also the first election where we

have used the services of the Western

Australian Electoral Commission, also a

welcome innovation.

SWALSC is moving forward to meet the

challenge of becoming the CSC, which

will require us to expand our corporate

services to support all of the new

Regional corporations, for an initial five

year period. We are entering another

substantial change period, with every

confidence that we are ready for it.

People Aboriginal Non Aboriginal Total2015 2014 2015 2014 2015 2014

male 10 9 11 10 21 19

Female 13 9 19 19 32 28

Total 23 18 30 29 53 47

MembershipNew members accepted last year (between 1 July 2013 and June 30 2014) 448

New members accepted this year (between 1 July 2014 and June 30 2015) 669

Total members at 30 June 2015 4,775

Malcolm Firth, Corporate Services Manager

membership

There has been a large increase in

the number of members, no doubt

influenced by interest in the Settlement

process.

Membership statistics are as follows:

Staff Profile

CORPORATE SERviCES REPORT

Rep

ort

s

15

SWALSC OvERviEW

Description of SWALSC

The South West Aboriginal Land and

Sea Council Corporation (SWALSC) is

the Native Title Representative Body

(NTRB) for the south west of Western

Australia. It was first recognised as

an NTRB by the then Minister for

Immigration and Multicultural and

Indigenous Affairs, Hon. Philip Ruddock

in December 2001.

SWALSC’s boundaries generally

correspond with those of the former

Perth Noongar Regional Council and

the Noongar Country Regional Council

(Aboriginal and Torres Strait Islander

Commission Regional Councils). It is

estimated that between 30,000-40,000

Noongar people live in the region.

SWALSC’s funding comes from the

Department of Prime Minister and

Cabinet (DPMC).

The Board of Directors has six elected

members and two expert members

who provide policy guidance to

the organisation. The day-to-day

management of SWALSC is the

responsibility of the Chief Executive

Officer, who is a salaried officer.

In July 2007, along with all similar

organisations, SWALSC was required

to operate under the corporations

(Aboriginal and Torres Strait Islander)

Act 2006 (CATSI) and developed a

new constitution in compliance with

CATSI. A new Rule Book has since

been endorsed by the Registrar on 24

December 2014.

Legislative Functions

As an NTRB, SWALSC has specific

functions under Part 11, Division 3 of

the Native Title Act 1993 (NTA).

These functions are:

• Facilitation and assistance

functions referred to in section

203BB.

• Certification functions referred to

in section 203BE.

• Dispute resolution functions

referred to in section 203BF.

• Notification functions referred to

in section 203BG.

• Agreement making functions

referred to in section 203BH.

• Internal review functions referred

to in section 203BI.

• Other functions referred to in

section 203BJ and such other

functions as are conferred on

representatives bodies by the

Native Title Act.

Section 203B(2) provides that the

functions conferred on a representative

body (whether in its capacity as a

representative body or otherwise) by

or under:

• Any other law of the

Commonwealth; or

• A law of the State or Territory in

which it operates.

Section 203B (3) provides that except

as mentioned at sections 203BB,

203BD and 203 BK, a representative

body must not enter into an

arrangement with another person

under which the person is to perform

the functions of the representative

body.

Section 203B (4) provides that a

representative body must, from time

to time, determine the priorities it will

give in performing its functions. It may

allocate resources in such a way as it

thinks fit, so as to be able to perform

its functions efficiently but must

give priority to the protection of the

interests of the native title holders.

Section 203 BA of the NTA provides

that a representative body must use its

best efforts to perform its functions in

a timely manner, particularly in regard

to time limits set by the NTA and other

relevant laws.

Corporate Governance Policies

vision

SWALSC’s corporate vision is to inspire,

enable and lead the Noongar People to

build a strong, sustainable and united

Noongar Nation.

Core values

“We value and acknowledge our past,

and will empower future generations

by respecting our Elders, our Noongar

People and other cultures”

We will at all times embrace and

promote our Noongar Nation’s business

through:

Respect: to recognise and build on our

strengths, history and traditions within

our communities.

Inclusivity: to enable and encourage

diversity among and within our

Noongar Nation and other cultures.

Trust: to lead and support a culture

which values and applies honesty,

openness and accountability.

Economic sustainability: identify

and build on our human, natural and

physical assets through a planned,

managed and monitored business

approach to governance and operations.

Partnerships: to build positive

relationships with all of our members,

communities, stakeholders and

employees.

Our Guiding Principles

• Do justice to the past – and serve

the future.

• Support Noongar People and

Culture.

• Focus on effective and long-term

meaningful outcomes for the

Noongar community.

• Deliver the highest possible level

of governance and service.

Policies and Procedures

SWALSC staff and officers are guided by

the Rule Book of the Corporation and

the policies that have been approved

by the Board of Directors.

Priorities

SWALSC has established a set of

priorities that reflect the statutory

and financial framework under which

NTRBs are required to operate. At all

times, the organisation’s priorities are

designed to reflect the needs and the

aspirations of the Noongar people.

Organisational Structure

membership

SWALSC membership is open to all

Noongar people aged 18 years and over

(see Glossary and Definitions).

Governing Committee (the Directors)

The Governing Committee (the

Directors) is currently comprised of

six elected members and two expert

members.

The role of the Directors is to ensure

that the objectives of the organisation

are carried out and that it performs

the statutory functions of an NTRB.

The Directors provide general policy

direction for the organisation and

input into the development of state

and national policy as it relates to

Aboriginal and Torres Strait Islander

people in the region.

The Directors do not involve

themselves in the day-to-day financial

management of the organisation, but

review financial reports and meet

to discuss SWALSC’s controls and

processes.

Senior Office Holders

Chairperson

Jeanice Krakouer was elected as

Chairperson of SWALSC in August 2015.

Deputy Chairperson

Michael Hayden Jnr was elected as

SWALSC Deputy Chairperson in August

2015.

Public Officer

Glen Kelly is the SWALSC Public Officer

and operates in accordance with

Section 56 of the Native Title Act.

management: Administration

The senior management

(administrative) committee includes:

• Chief Executive Officer, Glen Kelly;

• Acting Chief Executive Officer,

Wayne Nannup;

• Manager, Corporate Services,

Malcolm Firth;

• Manager, Research, Sarah Bell;

• Principal Legal Officer,

Stefan Le Roux

Chief Executive Officer

Glen Kelly is the CEO of SWALSC. Glen

is a Noongar man and brings to SWALSC

21 years of experience in Aboriginal

Affairs, much of it in native title and

Indigenous land related issues.

Glen has held a number of senior

positions in Aboriginal organisations,

both as a manager and as an advocate

of Aboriginal interests, he has also held

positions within government agencies.

Glen has held, and continues to hold,

positions on high level committees

and statutory authorities at a State

and Commonwealth level that relates

to Aboriginal land interests. Glen is a

keen advocate of Noongar interests,

and in his role as the CEO, seeks to

ensure that SWALSC provides an

efficient and effective service to

Noongar people and their native title

claims.

The CEO is appointed by the Board

of Directors and acts in accordance

with the policies determined by

that committee. He attends Board

meetings and provided regular reports

in reference to the operations of the

organisation.

Acting Chief Executive Officer

Wayne Nannup joined SWALSC in

2012 and is currently acting CEO. He

has completed a Bachelor of Law

degree (Murdoch) and was previously

employed with the Aboriginal Legal

Service as the manager of the Court

Officer Unit. Prior to that, Wayne was

with the State Department of Industry

and Resources, following a career in the

building industry.

manager, Corporate Services

Malcolm Firth commenced with

SWALSC in April 2007. Malcolm

is a Chartered Accountant, holds a

Bachelor of Commerce and an MBA.

He has extensive experience in both

the mining and community services

sectors. Malcolm is responsible for all

administrative functions, including

financial management, information

systems, human resources and

coordination of strategic and

operational planning.

Rep

ort

s

17

manager, Research

Sarah Bell has been the Research

Manager at SWALSC since October

2011. Sarah is an anthropologist

who has worked in native title and

land-rights, mainly in Aboriginal

organisations, for over 15 years. Sarah

has undertaken contributory native

title connection research to a number

of successful native title claims in

central desert regions of WA, including

the Martu native title claim, which she

co-researched and co-authored. In her

role as Research Manager at SWALSC,

Sarah’s main focus has been managing

and coordinating the finalisation of the

“agreed facts” connection research. This

is the native title connection research

process agreed with the State of

Western Australia, required to provide

satisfactory evidence to the State that

they are engaging in an Alternative

Native Title Settlement with the right

people for country.

Principal Legal Officer

Our Principal Legal Officer, Stefan

Le Roux, has more than 20 years

experience in the legal and corporate

field. His expertise includes the

negotiation, drafting, implementation

and ongoing management of

Indigenous Mining Agreements. Stefan

has gained extensive experience in

overseeing the corporate governance

of corporation and trust structures

created as a result of Indigenous

Land Use Agreements in both the

Mining and Oil and Gas industries. His

responsibilities are to oversee the

day-to-day operations of the Legal Unit.

The Legal Unit provides legal advice,

guidance and assistance to the CEO and

the SWALSC Board in all corporate and

native title matters.

Separation of Powers

It is the responsibility of the Directors

to ensure that the objectives of the

organisation are carried out and

that it satisfactorily performs all

of the functions of a Native Title

Representative Body in accordance

with the Native Title Act 1993.

The Board of Directors can authorise

the use of the common seal, make and

rescind policies, constitute committees

and make by-laws. Clause 11.1(d) of

the Rules states that the Directors shall

not concern themselves with the day

to day management of the offices of

the Corporation, this being the sole

province of the Chief Executive Officer.

Board meetings held during the 2014/2015 financial year:

14 July, 22 September, 22 October, 17

November, 18 December 2014,

9 February, 20 April, 29 April,

20 May 2015

MemberMeetings attended

Possible attendance

Cherry Hayward (Chair) 9 10Glen Colbung (Deputy Chair) 6 10Oscar Colbung 6 10Gordon Cole 8 10Ted Hart 8 10Jack Hill 5 10Dennis Jetta * 5 7James Khan 9 10Fay Slater 9 10Charmaine Walley 9 10Reg Yarran 4 10 *Note: Mr Jetta resigned on 27 March 2015

Board meeting Directors’ attendance:

MemberMeetings attended

Possible attendance

Jeanice Krakouer (Chair) 1 1Michael Hayden (Deputy Chair) 1 1Gordon Cole 1 1Ted Hart 0 1Fay Slater 1 1Dean Wynne* 0 0Jack Hill* 0 0Brendan Moore* 0 0

*Note: Directors elected on 24 July 2015 following the

end of financial year 2014/15.

Incoming Board: 26 may 2015

Stat

emen

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19

The Directors submit the financial report of the South West Aboriginal Land and Sea Council Aboriginal Corporation

for the financial year ended 30 June 2015 in accordance with Regulation 333-10.02 of the corporations (Aboriginal

and Torres Strait Islander) Regulations 2007.

a.

b.

c.

d.

e.

f.

g.

h.

The above statements are made in accordance with a resolution of the Directors dated 21 September 2015.

Jeanice Krakouer

Chairperson

SOUTH WEST ABORIGINAL LAND AND SEA COUNCIL ABORIGINAL CORPORATION

Indigenous Corporation Number (ICN) 3832Australian Business Number (ABN) 42 485 265 673

ANNUAL FINANCIAL REPORT TO MEMBERSYEAR ENDED 30 JUNE 2015

Directors’ Report

Details of operations are contained in the Annual Report on pages 19 to 42. The Corporation returned a deficit of $32,413 for the financial year (2014: profit $4,350).

No significant change in the Corporation’s state of affairs occurred during the year.

As the Native Title Representative Body of the Noongar people of the south west region of Western Australia the principal activities of the organisation during the financial year were to provide services and advocacy directed towards:• securing land;• protecting the spiritual and physical connection to land of members and their extended families in accordance

with their traditions, laws and customs;• supporting the maintenance, development and advancement of Noongar culture, language and society; and• promoting Aboriginal reconciliation as a basic tenet of Australian society. There was nothing arising since the end of the financial year to significantly affect the corporation’s operations, results of operations, or state of affairs in future financial years.

There were no developments in the corporation’s operations that are likely or expected to significantly affect the operations in future years.

SWALSC was not subject to any particular or significant environmental regulation under Commonwealth, State, or Territory law during the last year.

There was no distribution of payments to members during the year.

No distributions of payments to members were recommended or declared during the year.

In the opinion of the Directors, the financial report, as set out on pages 19 to 42:

Jeanice KrakouerChairperson

Dated this 21st day of September 2015

The accompanying notes form part of these financial statements.

1)

2)

Presents a true and fair view of the financial position of South West Aboriginal Land and Sea

Council Aboriginal Corporation as at 30 June 2015 and its performance for the year ended on

that date in accordance with Australian Accounting Standards (including Australian Accounting

Interpretations) and with the corporations (Aboriginal and Torres Strait Islander) Act 2006.

At the date of this statement, there are reasonable grounds to believe that South West Aboriginal

Land and Sea Council Aboriginal Corporation will be able to pay its debts as and when they fall

due.

This statement is made in accordance with a resolution of the Board of Directors and is signed for

and on behalf of the Directors by:

Statement by the Directors

Stat

emen

ts

21

Stat

emen

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23

Note 2015 2014

Revenue $ $

DPMC grant 6,281,281 3,593,745

State grant - 2,386,827

Other grants and income 1,380,160 1,511,078

Interest 45,148 55,399

Total Revenue 2 7,706,589 7,547,049

Expenses

Employee benefits expense 3 4,718,967 4,850,902

Depreciation and amortisation expense 66,303 69,235

Trainings and seminars expense 39,309 16,505

Other supplies 4 2,878,324 2,557,832

Finance costs 5 22,599 32,606

Auditor's remuneration 6 13,500 15,620

Total expenses 7,739,002 7,542,700

Profit before income tax (32,413) 4,350

Income tax 7 - -

Surplus from operations (32,413) 4,350

Total Comprehensive Income (32,413) 4,350

STATEMENT OF COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2015

The accompanying notes form part of these financial statements

South West Aboriginal Land and Sea Council Aboriginal Corporation Annual Financial Statements for the year ended 30 June 2015

Stat

emen

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25

Note 2015 2014

ASSETS $ $

CURRENT ASSETS

Cash and cash equivalents 8 989,866 1,402,854

Trade and other receivables 9 399,358 430,368

Other current assets 10 155,790 141,446

TOTAL CURRENT ASSETS 1,545,013 1,974,669

NON-CURRENT ASSETS

Property, plant and equipment 11 342,069 467,600

TOTAL NON-CURRENT ASSETS 342,069 467,600

TOTAL ASSETS 1,887,083 2,442,268

LIABILITIES

CURRENT LIABILITIES

Employee provisions 12 806,195 804,961

Trade and other payables 13 339,146 479,284

Grant income in advance 14 178,786 531,113

Borrowings 15 197,176 255,601

Net GST Payable 16 45,299 (27,711)

TOTAL CURRENT LIABILITIES 1,566,602 2,043,248

NON-CURRENT LIABILITIES

Borrowings 15 14,776 50,131

Employee provisions 12 44,110 54,882

TOTAL NON-CURRENT LIABILITIES 58,886 105,013

TOTAL LIABILITIES 1,625,488 2,148,261

NET ASSETS 261,595 294,008

EQUITY

Retained earnings 294,008 289,659

Current year earnings (32,413) 4,350

TOTAL EQUITY 261,595 294,008


STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2015


Retained Earnings General Reserves Total

$ $ $ Balance at 1 July 2013 289,659 - 289,659

Operating Surplus/(Deficit) 4,350 4,350

Balance at 30 June 2014 294,008 - 294,008

Operating Surplus/(Deficit) (32,413) (32,413)Adjustment to retained earnings - -

Balance at 30 June 2015 261,595 - 261,595

2015 2014

$ $ CASH FLOWS FROM OPERATING ACTIVITIESOperating grants receipts 6,695,124 6,394,415

Receipts from customers 1,383,974 1,251,216

Interest received 45,148 55,399

Payments to employees (4,728,506) (4,720,983)

Payments to suppliers (3,822,585) (3,207,818)

Interest paid (22,599) (32,606)Net GST paid 73,010 (114,053)

Net cash provided by operating activities 20 (376,434) (374,429)

CASH FLOWS FROM INVESTING ACTIVITIES

Net Proceeds from sale of property, plant and equipment 16,225 475,641

Purchase of property, plant and equipment 41,000 (546,894)

Net cash provided by (used in) investing activities 57,225 (71,253)

CASH FLOWS FROM FINANCING ACTIVITIES

Proceeds from borrowings 211,952 305,731Repayments (305,732) (312,761)

Net cash provided by (used in) financing activities (93,780) (7,030)

Net increase in cash held (412,989) (452,712)

Cash and cash equivalents at beginning of financial year 1,402,854 1,855,566

Cash and cash equivalents at end of financial year 8 989,866 1,402,854


STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED 30 JUNE 2015

STATEMENT OF CASH FLOW FOR THE YEAR ENDED 30 JUNE 2015

Note


Stat

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27

The financial statements cover South West Aboriginal Land

and Sea Council Aboriginal Corporation as an individual

entity. South West Aboriginal Land and Sea Council

Aboriginal Corporation is a corporation incorporated under

the corporations (Aboriginal and Torres Strait Islander) Act

2006.

Note 1: Summary of Significant Accounting Policies

Principal Activities

As the Representative Body of the Noongar Community of

the south west region of Western Australia, the principal

activities of the corporation during the financial year

were to provide services and advocacy directed towards:

• securing land;

• protecting the spiritual and physical connection

to land of members and their extended families in

accordance with their traditions, laws and customs;

• supporting the maintenance, development and

advancement of Noongar culture, language and

society; and

• promoting Aboriginal reconciliation as a basic tenet

of Australian society.

No significant change in the nature of these activities

occurred during the year.

Directors

The names of Directors at the date of this report are:

Jeanice Krakouer Chairperson

michael Hayden Jnr Deputy Chair

Dean Wynne

Jack Hill

Brendan moore

Gordon Cole

Ted Hart Interim Expert Director

Fay Slater Interim Expert Director

Basis of Preparation

The financial statements are general purpose financial

statements that have been prepared in accordance with

Australian Accounting Standards, Australian Accounting

Interpretations, and other authoritative pronouncements

of the Australian Accounting Standards Board and the

corporations (Aboriginal and Torres Strait Islander) Act

2006.

Australian Accounting Standards set out accounting

policies that the AASB has concluded would result

in a financial report containing relevant and reliable

information about transactions, events and conditions to

which they apply. Material accounting policies adopted

in the preparation of these financial statements are

presented below and have been consistently applied

unless otherwise stated.

The financial statements are prepared on the basis that

the corporation is a going concern. This is dependent on

continued financial support from government funding.

The financial statements have been prepared on an

accruals basis and are based on historical costs, modified,

where applicable, by the measurement at fair value of

selected non-current assets, financial assets and financial

liabilities.

The financial report is presented in Australian Dollars and

rounded to the nearest dollar.

Accounting Policies

a. Income Tax

The corporation is a Public Benevolent Institution and is

endorsed to access the following tax concessions: Goods

and Services Tax (GST) Concession, Fringe Benefits Tax

(FBT) and Income Tax Exemption. The corporation is also

endorsed as a Deductible Gift Recipient (DGR) from 1

October 2001 and is covered by Item 1 of the table in

section 30-15 of the Income Tax Assessment Act 1997.

b. Inventories

The corporation does not carry inventory.

c. Property, Plant and Equipment

Each class of property, plant and equipment is carried

at cost or fair value as indicated, less - where applicable

- any accumulated depreciation and impairment losses.

Purchases costing less than $500 are expended in the

year of acquisition (other than where they form part

Notes to the FiNaNcial statemeNts For the Year eNded 30 JuNe 2015


of a group of similar items which are significant in total, or

where specific purpose grants have approved the items).

Plant and equipment

Plant and equipment are measured on the cost basis less

depreciation and impairment losses.

The carrying amount of plant and equipment is reviewed

annually to ensure it is not in excess of the recoverable

amount from these assets. The recoverable amount is

assessed on the basis of the expected net cash flows

that will be received from the asset’s employment and

subsequent disposal. The expected net cash flows have

been discounted to their present values in determining

recoverable amounts.

Subsequent costs are included in the asset’s carrying

amount or recognised as a separate asset, as appropriate,

only when it is probable that future economic benefits

associated with the item will flow and the cost of the item

can be measured reliably. All repairs and maintenance are

charged to the statement of comprehensive income during

the financial period in which they are incurred.

Depreciation

The depreciable amount of all fixed assets including

building and capitalised lease assets, is depreciated using

diminishing value method. Leasehold improvements

are depreciated over the shorter of either the unexpired

period of the lease or the estimated useful lives of the

improvements.

The depreciation rates used for each class of depreciable

assets are:

Class of Fixed Assets Depreciation Rate

Leased motor vehicles 22.50%

Office equipment and furniture 20.00%

The asset’s residual values and useful lives are reviewed

and adjusted, if appropriate, at each balance date.

An asset’s carrying amount is written down immediately

to its recoverable amount if the asset’s carrying amount is

greater than its estimated recoverable amount.

Gains and losses on disposals are determined by

comparing proceeds with the carrying amount. These

gains and losses are included in the income statement.

When revalued assets are sold, amounts included in

the revaluation relating to that asset are transferred to

retained earnings.

d. Leases

Leases of fixed assets where substantially all the risks and

benefits incidental to the ownership of the asset, but not

the legal ownership, are transferred to the corporation are

classified as finance leases.

Finance leases are capitalised by recording an asset and

a liability at the lower of the amount equal to the fair

value of the leased property or the present value of the

minimum lease payments, including any guaranteed

residual values. Lease payments are allocated between

the reduction of the lease liability and the lease interest

expense for the period.

Leased motor vehicles are depreciated on a straight-line

basis over their estimated useful lives where it is likely

that the corporation will obtain ownership of the asset or

ownership over the term of the lease.

Lease payments for operating leases, where substantially

all the risks and benefits remain with the lessor, are

charged as expenses in the periods in which they are

incurred.

e. Impairment of Assets

At the end of each reporting period, the corporation

reviews the carrying values of its tangible and intangible

assets to determine whether there is any indication that

those assets have been impaired. If such an indication

exists, the recoverable amount of the asset, being the

higher of the asset’s fair value less costs to sell and value-

in-use, is compared to the asset’s carrying value. Any

excess of the asset’s carrying value over its recoverable

amount is expensed to the statement of comprehensive

income.

Where it is not possible to estimate the recoverable

amount of an individual asset, the corporation estimates

the recoverable amount of the cash-generating unit to

which the asset belongs.



Stat

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29

f. Employee Benefits

Provision is made for the corporation’s liability for

employee benefits arising from services rendered by

employees to the end of the reporting period. Employee

benefits have been measured at the amounts expected to

be paid when the liability is settled.

g. Cash and Cash Equivalents

Cash and cash equivalents include cash on hand, deposits

held at-call with banks, other short-term highly liquid

investments with original maturities of three months

or less, and bank overdrafts. Bank overdrafts, if any, are

shown within borrowings in current liabilities in the

statement of financial position.

h. Revenue and Other Income

Revenue from rendering of services is recognised by

reference to the stage of completion of contracts or other

agreements to provide services. The stage of completion is

determined according to the proportion that costs incurred

to date bear to the estimated total costs of the transaction.

Revenue from disposal of non-current assets is recognised

when control of the asset has passed to the buyer.

Revenues, expenses and assets are recognised net of goods

and services tax (GST)

• except for receivables and payables; and

• except where the amount of GST incurred is not

recoverable from the Australian Taxation Office

i. Borrowing Costs

Borrowing costs directly attributable to the acquisition,

construction or production of assets that necessarily take

a substantial period of time to prepare for their intended

use or sale, are added to the cost of those assets, until

such time as the assets are substantially ready for their

intended use or sale.

All other borrowing costs are recognised as expenses in the

period in which they are incurred.

j. Goods and Services Tax

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 Tax 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 the expense.

Receivables and payables in the statement of financial

position are shown inclusive of GST.

Cash flows are presented in the statement of cash flows on

a gross basis, except for the GST components of investing

and financing activities, which are disclosed as operating

cash flows.

k. Comparative Figures

When required by Accounting Standards, comparative

figures have been adjusted to conform to changes in

presentation for the current financial year.

l. Trade and Other Payables

Trade and other payables represent the liability

outstanding at the end of the reporting period for goods

and services received by the corporation during the

reporting period, which remain unpaid. The balance is

recognised as a current liability with the amounts normally

paid within 30 days of recognition of the liability.

m. Provisions

Provisions are recognised when the corporation has a legal

or constructive obligation, as a result of past events, for

which it is probable that an outflow of economic benefits

will result and that outflow can be reliably measured.

Provisions recognised represent the best estimate of the

amounts required to settle the obligation at the end of the

reporting period.

n. Economic Dependency

The corporation is recognised as a Native Title

Representative Body under the Native Title Act 1993 and

as such is entitled to be funded by the Commonwealth of

Australia through the the Department of Prime Minister

and Cabinet to carry out its statutory functions. SWALSC

is no longer funded the Department of Family, Housing,

Community Services and Indigenous Affairs (FaHCSIA). The

corporation is dependent on continued funding for its

ability to carry out these activities.



o. Critical Accounting Estimates and Judgments

The Directors evaluate estimates and judgments

incorporated into the financial report based on historical

knowledge and best available current information.

Estimates assume a reasonable expectation of future

events and are based on current trends and economic data,

obtained both externally and within the corporation.

Key Estimates — Impairment

The corporation assesses impairment at the end of each

reporting period by evaluating conditions that may lead to

impairment of assets. Where an impairment trigger exists,

the recoverable amount of the asset is determined. Value-

in-use calculations performed in assessing recoverable

amounts incorporate a number of key estimates.

Key Judgments — Doubtful Debts Provision

All accounts receivable at 30 June 2015 are expected to

be fully recoverable by the Directors, and no doubtful debt

provision has been made at 30 June 2015.

Adoption of New and Revised Accounting Standards

During the current year, the corporation has adopted all of

the new and revised Australian Accounting Standards and

Interpretations applicable to its operations which became

mandatory.

Note 2: Revenue

2015 2014 $ $

6,281,281 3,593,745 - 2,386,827

Sale of services and other revenue 1,380,160 1,511,078 45,148 55,399 7,706,589 7,547,049

2015 2014

$ $

Wages and Salaries 3,586,396 3,948,397

Superannuation 362,719 371,399

Leave and other entitlements 726,558 476,968

Workers compensation premiums 43,295 54,138 Total employee benefits 4,718,967 4,850,902

State grantsSpecial purpose grants from DPMC

Note 3: Employee Benefits

Operating revenue

Interest received

SWALSC contributes to superannuation funds chosen by employees. Contributions are made at the statutory rate.



Stat

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31

Note 4: Other Suppliers

2015 2014

$ $

Goods and services from external entities 2,318,268 2,027,228

Operating lease rentals 560,055 530,604 Total suppliers expenses 2,878,324 2,557,832

Note 5: Finance costs

2015 2014

$ $

Finance Lease costs 22,599 32,606 Total Finance costs expense 22,599 32,606

2015 2014

$ $

13,500 15,620

- -

- -

- -

Total auditor's remuneration 13,500 15,620

2015 2014

$ $

Cash at bank and in hand 489,866 902,854

Short-term bank deposits 500,000 500,000 989,866 1,402,854

Reconciliation of cash

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2015

- taxation services provided by related practice of auditor

- due diligence services

Note 8: Cash and Cash Equivalents

- taxation services

South West Aboriginal Land and Sea Council is a Public Benevolent Institution; therefore exempt from income tax.

Note 6: Auditors’ Remuneration

Remuneration of the auditor of the corporation for:

auditing or reviewing the financial report

Note 7: Income Tax Expense

Cash at the end of the financial year as shown in the statement of cash flows is reconciled to items in the statement of financial position as above.

Note 4: Other Suppliers

2015 2014

$ $

Goods and services from external entities 2,318,268 2,027,228

Operating lease rentals 560,055 530,604 Total suppliers expenses 2,878,324 2,557,832

Note 5: Finance costs

2015 2014

$ $

Finance Lease costs 22,599 32,606 Total Finance costs expense 22,599 32,606

2015 2014

$ $

13,500 15,620

- -

- -

- -

Total auditor's remuneration 13,500 15,620

2015 2014

$ $

Cash at bank and in hand 489,866 902,854

Short-term bank deposits 500,000 500,000 989,866 1,402,854

Reconciliation of cash


- taxation services provided by related practice of auditor

- due diligence services

Note 8: Cash and Cash Equivalents

- taxation services

South West Aboriginal Land and Sea Council is a Public Benevolent Institution; therefore exempt from income tax.

Note 6: Auditors’ Remuneration

Remuneration of the auditor of the corporation for:

auditing or reviewing the financial report

Note 7: Income Tax Expense

Cash at the end of the financial year as shown in the statement of cash flows is reconciled to items in the statement of financial position as above.



2015 2014

$ $

CURRENT

Trade Debtors 386,532 428,940

Other receivables 12,826 1,428 399,358 430,368

Credit risk

< 30 31–60 61–90 > 90

$ $ $ $ $

Trade and other receivables 2015 241,811 154,000 - 3,547 399,358

< 30 31–60 61–90 > 90$ $ $ $ $

Trade and other receivables 2014 423,491 7,702 - 826- 430,368

Note 9: Trade and Other Receivables

The corporation has no significant concentration of credit risk with respect to any single counterparty or group of counterparties. The main source of credit risk to the corporation is considered to relate to the class of assets described as reimbursement for monitoring and site survey fees paid in advance on behalf of the proponents.

Total

Total

Current trade receivables are non-interest bearing loans and are generally receivable within 30 days. A provision for impairment is recognised against subscriptions where there is objective evidence that an individual trade receivable is impaired. No impairment was required at 30 June 2015 (2014: Nil).

The corporation does not hold any financial assets classified as loans and receivables.

Past Due but Not Impaired

(Days Overdue)

(Days Overdue)

Past Due but Not ImpairedWithin Trade Terms

The balances of receivables that remain within initial terms (as detailed in the table) are considered to be of high credit quality.

The following table details the corporation’s 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 corporation and the member or counterparty to the transaction. Receivables that are past due are assessed for impairment by ascertaining their willingness to pay and are provided for where there are specific circumstances indicating that the debt may not be fully repaid to the association.

Within Trade Terms



Stat

emen

ts

33

Note 10: Prepayments2015 2014

$ $

Prepaid expenses 155,790 141,446

2015 2014

$ $

Office Equipment and Furniture

At cost 462,911 457,911

Accumulated depreciation (326,166) (289,070)

136,745 168,841

Motor Vehicles

At cost 237,875 314,125

Accumulated depreciation (32,550) (15,365)

205,324 298,759Total Property, Plant and Equipment 342,069 467,600

Motor Vehicles Furniture and

Office Equipment Total

$ $ $

Balance at 1 July 2013 332,658 166,167 498,825

Additions 502,221 44,673 546,894

Disposals (520,754) (5,845) (526,599)

Depreciation expense (15,365) (36,155) (51,520)

Balance at 30 June 2014 298,759 168,840 467,600

Additions 199,091 5,000 204,091

Disposals (275,341) 0 (275,341)

Depreciation expense (17,185) (37,095) (54,280)

Balance as at 30 June 2015 205,324 136,745 342,069

Note 11: Property, Plant and Equipment

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

Movements in carrying amounts



2015 2014

$ $

CURRENT

Accrued salaries 122,486 121,878

PAYG provision 59,697 80,555

Leave 540,275 502,494

Superannuation 83,737 100,034 806,195 804,961

NON-CURRENTLeave 44,110 54,882

Probability

0 to 2 Years 0.0%

More than 2yr less than 4 yrs 33.3%

More than 4yr less than 7 yrs 66.7%

More than 7 yrs 100.0%

2015 2014

$ $

Trade payables 279,548 388,205

Accrued expenses 14,153 47,173

Funds held in trust 35,000 39,000

Other liabilities 10,445 4,906 339,146 479,284

2015 2014

$ $

DPMC - ILUA (50,919) 234,132

Site Surveys/Monitoring/Agreements 13,502 48,662

Woodside-Noongar Leadership Program 66,536 125,387

Lotterywest - Noongar Leadership Program 24,887 -

WIP Forum - 2,987

GKB Comm.Dev. Plan B 21,729 34,755

AG-Anthropologist 2,562 21,000

FQM Relationship Committee 56,777 30,893

FQM Noongar Development Officer 29,173 18,092

FQM Community Development Mentor 10,963 7,992

Cultural Development Project 3,575 7,213

178,786 531,113


Non-current employee provisions represent Long Service Leave entitlements of 10 weeks after 10 year of service accessable after 7 years pro rata. Provision based on the probability of the length of employment:

Note 14: Grants received in advance

Note 12: Employee Provisions

Income in advance represents grants and other funds that either have not been fully spent at the end of the reporting period or provided for projects over multi year periods. They are to be carried forward to the next reporting period to allow continuous service. For more details see Appendix 2.

Note 13: Trade and Other Payables



Stat

emen

ts

35

2015 2014

$ $

CURRENT

Lease liability 197,176 255,601 Total current lease liability 197,176 255,601

NON CURRENT

Lease liability 14,775 50,131 Total non-current lease liability 14,775 50,131

2015 2014

$ $

GST Paid 56,966 85,884

GST Collected (102,265) (58,173)Net GST (Receivable)/Payable (45,299) 27,711

Note 17: Retained earnings

2015 2014

$ $

294,008 289,659

Current year earnings (32,413) 4,350Total Equity as at 30/6/15 261,595 294,008

2015 2014

$ $

- not later than 12 months 197,176 255,601

14,775 50,131

- greater than 5 years - -

Minimum lease payments 211,952 305,731

Less future finance charges (8,478) (12,229)Present value of minimum lease payments 203,474 293,502

2015 2014

Payable — minimum property lease payments $ $ - not later than 12 months 426,511 292,699 - between 12 months and 5 years 302,082 68,132 - greater than 5 years - -

728,593 360,831

- between 12 months and 5 years

Operating Lease Commitments

MV Finance Lease Commitments

The property lease commitment is a non-cancellable operating lease with rent payable monthly in advance.

Perth office - current lease expires on the 28 February 2017.

Retained earnings as at 30/6/14

Non-cancellable operating leases contracted for but not capitalised in the financial statements.

Payable — minimum lease payments

Note 15: Borrowings

Note 16: GST (Assets)/Liability

St. George Finance holds a charge over the relevant motor vehicles of the corporation for the finance lease on the same.

Note 18: Capital and Leasing Commitments



Note 20: Cash Flow Information

2015 2014 $ $

(32,413) 4,350

Prior year adjustment - -

- -

Non-cash flow in profit:

66,303 69,235

2,002 7,023

Changes in assets and liabilities:

16,667 (315,193)

(9,538) 129,919

(67,128) (86,205)

(352,327) (183,558) (376,434) (374,429)

Note 2015 2014

$ $

Financial assets

Cash and cash equivalents 8 989,866 1,402,854

Loans and receivables 9 399,358 430,368 Total financial assets 1,389,224 1,833,222

Financial liabilities

Financial liabilities at amortised cost:

- trade and other payables 13 339,146 479,284

- borrowings 15 211,952 305,731 Total financial liabilities 551,098 785,016

The totals for each category of financial instruments, measured in accordance with AASB 139 as detailed in the accounting policies to these financial statements, are as follows:

Operating result

No event occurred after the balance sheet date which would have a material effect upon the financial statements as at 30 June 2015.

Reconciliation of Cash Flow from Operations

Note 19: Events after the Balance Sheet Date

- net gain on disposal of property, plant and equipment

- Increase/(decrease) in trade and other payables

Net cash provided by operating activities

- depreciation

Note 21: Financial Risk Management

The corporation's financial instruments consist mainly of deposits with banks, accounts receivable accounts payable and leases.

- (Increase)/decrease in trade and term debtors

Cash flows excluded from profit attributable to operating activities

- Increase/(decrease) in employee benefits

- Increase/(decrease) in grant income in advance



Stat

emen

ts

37

a. Credit risk

Credit risk exposures

b. Liquidity risk

Financial Risk Management Policies

Specific Financial Risk Exposures and Management

The table in Appendix 1 reflects an undiscounted contractual maturity analysis for financial liabilities.

The maximum exposure to credit risk by class of recognised financial assets at the end of the reporting period is equivalent to the carrying value and classification of those financial assets (net of any provisions) as presented in the statement of financial position.

There is no collateral held by the corporation securing trade and other receivables.

Exposure to credit risk relating to financial assets arises from the potential non-performance by counterparties of contract obligations that could lead to a financial loss to the corporation.

Credit risk is managed through maintaining procedures (such as the utilisation of systems for the approval, granting and removal of credit limits, regular monitoring of exposure against such limits and monitoring of the financial stability of significant customers and counterparties) ensuring, to the extent possible, that members and counterparties to transactions are of sound credit worthiness.

Liquidity risk arises from the possibility that the corporation might encounter difficulty in settling its debts or otherwise meeting its obligations related to financial liabilities. The corporation manages this risk through the following mechanisms:

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

Cash flows realised from financial assets reflect management’s expectation as to the timing of realisation. Actual timing may therefore differ from that disclosed. The timing of cash flows presented in Appendix 1 to settle financial liabilities reflects the earliest contractual settlement dates.

Trade and other receivables that are neither past due or impaired are considered to be of high credit quality. Aggregates of such amounts are as detailed at Note 9.

The corporation has no significant concentration of credit risk with any single counterparty or group of counterparties. Details with respect to credit risk of trade and other receivables are provided in Note 9.

Note 21: Financial Risk Management

- only investing surplus cash with major financial institutions; and- proactively monitoring the recovery of receivables.

Risk is also minimised through investing surplus funds in financial institutions that maintain a high credit rating or in entities that the committee has otherwise cleared as being financially sound.

The Directors are responsible for, among other issues, monitoring and managing financial risk exposures of the corporation. They monitor the corporation’s transactions and review the effectiveness of controls relating to credit risk, financial risk and interest rate risk. Discussions on monitoring and managing financial risk exposures minuted by the Directors.

The Director’s overall risk management strategy seeks to ensure that the corporation meets its financial targets, while minimising potential adverse effects of cash flow shortfalls.

The main risks the corporation is exposed to through its financial instruments are interest rate risk, liquidity risk and credit risk.



c. Market risk

(i) Interest rate risk

(ii) Price risk

Sensitivity analysis

Net Fair Values

Fair value estimation

Fair value estimation

Net Carrying Value Net Fair Value Net Carrying

Value Net Fair Value

$ $ $ $

Financial assets

Cash and cash equivalents (i) 989,866 989,866 1,402,854 1,402,854

Trade and other receivables (i) 399,358 399,358 430,368 430,368 Total financial assets 1,389,224 1,389,224 1,833,222 1,833,222

Financial liabilities

Trade and other payables (i) 339,146 339,146 479,284 479,284

Lease liability (ii) 211,952 211,952 305,731 305,731 Total financial liabilities 551,098 551,098 785,015 785,015

Price risk relates to the risk that the fair value or future cash flows of a financial instrument will fluctuate because of changes in market prices of securities held.

No financial assets have been pledged as security for any financial liability.

Exposure to interest rate risk arises on financial assets and financial liabilities recognised at the end of the reporting period whereby a future change in interest rates will affect future cash flows.

At 30 June 2015 the corporation has no debt that is fixed.

2015

Financial assets pledged as collateral

The fair values of financial assets and financial liabilities are presented in the following table and can be compared to their carrying values as presented in the statement of financial position. Fair values are those amounts at which an asset could be exchanged, or a liability settled, between knowledgeable, willing parties in an arm’s length transaction.

Fair values derived may be based on information that is estimated or subject to judgment, where changes in assumptions may have a material impact on the amounts estimated. Areas of judgment and the assumptions have been detailed below. Where possible, valuation information used to calculate fair value is extracted from the market, with more reliable information available from markets that are actively traded. In this regard, fair values for listed securities are obtained from quoted market bid prices.

The corporation does not have any investements available-for-sale therefore it is not exposed to securities price risk on available-for-sale investments.

No sensitivity analysis has been performed on interest rates, as the corporation does not have debts on fixed terms.

2014



Stat

emen

ts

39

2015 2014 2015 2014

Short term

Consultancy Fees 4,800 14,500 7,500 -

Short term employee benefits 4,500 - 702,581 701,445

Expense reimbursement 5,982 3,297 - -

Superannuation 257 146 65,511 64,884

Post employment benefits

ETP/Super - - - -

Fringe Benefit Tax - - 11,827 13,702

(b) Loan disclosures

Note 23: Economic Dependence

1490 Albany Highway

Cannington WA 6107

The aggregate compensation of the key management personnel of the association is set out below:

Management

Note 22: Related party disclosures

The corporation does not have a share-based payment plan, and as such none of the key management personnel hold any securities in the entity.

(c) Key management personnel equity holdings

The corporation's activites are largely funded by the Commonwealth Government. At the date of this report, the Directors had no reason to believe that the Commonwealth Government would not continue to provide financial support to the corporation.

(ii) These liabilities are fixed interest leases with guaranteed "buy-back" on the carrying amount.

(i) Cash and cash equivalents, trade and other receivables and trade and other payables are short-term instruments in nature whose carrying value is equivalent to fair value. Trade and other payables exclude amounts provided for relating to annual leave, which is not considered as financial instrument.

The fair values disclosed in the above table have been determined base on the following methodologies:

During the year there were no loans made to a related party of the corporation.

(a) Key management personnel's remuneration

Board of Directors

Key management includes CEO, CFO, Operational Manager and Principal Legal Officer.

The registered office and principal place of business is:

South West Aboriginal Land and Sea Council Aboriginal corporation

Note 24: Corporation Details



Sou

th W

est A

borig

inal

Lan

d an

d S

ea C

ounc

il A

borig

inal

Cor

pora

tion

Ann

ual F

inan

cial

Sta

tem

ents

For t

he y

ear e

nded

30

June

201

5

22

App

endi

x 1

2015

2014

2015

2014

2015

2014

2015

2014

$$

$$

$$

$$

Fina

ncia

l lia

bilit

ies

due

for p

aym

ent

Trad

e an

d ot

her p

ayab

les

(exc

ludi

ng

annu

al le

ave

and

gran

ts re

ceiv

able

in

adva

nce)

293

,848

506

,995

293

,848

506

,995

Fina

ncia

l lea

se li

abili

ties

1

97,1

76

2

55,6

01

14,

775

50

,131

211

,952

305

,731

Tota

l con

trac

tual

out

flow

s

491

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762

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1

4,77

5

50,1

31

-

-

5

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00

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12,7

27

Tota

l exp

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ws

4

91,0

24

7

62,5

96

14,

775

50

,131

-

-

505

,800

812

,727

Fina

ncia

l ass

ets

— c

ash

flow

s re

alis

able

Cash

and

cas

h eq

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lent

s

989

,866

1

,402

,854

989

,866

1

,402

,854

Trad

e an

d ot

her r

ecei

vabl

es

399

,358

430

,368

399

,358

430

,368

Ava

ilabl

e-fo

r-sa

le in

vest

men

ts

-

-

Tota

l ant

icip

ated

inflo

ws

1,3

89,2

24

1,8

33,2

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-

-

-

-

1,3

89,2

24

1,8

33,2

22

Net

(out

flow

)/in

flow

on

finan

cial

in

stru

men

ts

898

,199

1

,070

,626

(1

4,77

5)

(5

0,13

1)

-

-

883

,424

1

,020

,496

NO

TES

TO T

HE

FIN

AN

CIA

L ST

ATE

MEN

TS F

OR

THE

YEA

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DED

30

JUN

E 20

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: Fin

anci

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agem

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Stat

emen

ts

41


Annual Financial Statements

For the year ended 30 June 2015

24

Cont

. Not

e 14

. (A

nnua

l Rep

ort -

Fin

anci

al S

tate

men

ts)

App

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ame

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ing

body

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crip

tion

/Pur

pose

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ojec

t Coo

rdin

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/Man

ager

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me

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ndit

ure

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lus/

Def

icit

NT

Serv

ices

Corp

orat

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ttrib

utab

le2,

728,

722

3,

177,

620

(449

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)

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ettle

men

t ILU

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191,

346

1,

191,

346

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n38

2,51

2

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/Mal

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epre

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p/Ta

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onov

an



South West Aboriginal Land and Sea Council Aboriginal CorporationAnnual Financial StatementsFor the year ended 30 June 2015

23

Costs of Native Title Representative Body Functions

2015 2014$ $

Facilitation 3,391,925 1,897,120 Certification - - Dispute resolution - - Notification - - Agreement - - Internal review - - ILUA 957,214 - Contested Litigation 382,512 - Other 20,000 20,000 Total NT Activities 4,751,651 1,917,120 Corporate 1,731,050 1,535,313 Total NT Activities 6,482,701 3,452,433

Sources of Funding

2015 2014$ $

Australian Government 6,281,281 5,980,572 Other Sources 1,425,308 1,566,477 Total Funding 7,706,589 7,547,049

Appendix 3.

43

Glossary

AG Attorney General

ALT Aboriginal Lands Trust

ATSIC Aboriginal and Torres Strait Islander Commission

BGm Boddington Gold Mine

CATSI Corporations (Aboriginal & Torres Strait Islander) Act 2006

DEC Department of Environment and Conservation

DIA Department of Indigenous Affairs

DPI Department of Planning and Infrastructure

DOIR Department of Industry and Resources

EEDA Employment and Economic Development Agreement

FaHCSIA Commonwealth Department of Families, Housing, Community

Services and Indigenous Affairs

DPmC Department of Prime Minister and Cabinet

DSS Department of Social Services

ICC Indigenous Cordination Centre

ILC Indigenous Land Corporation

ILuA Indigenous Land Use Agreement

mou Memorandum of Understanding

NNTT National Native Title Tribunal

NRm Natural Resource Management

NT Native Title

NTA Native Title Act 1993

NTRB Native Title Representative Body

ONT State Office of Native Title

RHPA Regional Heritage Protection Agreement

RPA Regional Partnership Agreement

SNC Single Noongar Claim

SWALSC South West Aboriginal Land and Sea Council

TOLC Traditional Owners Liaison Committee

Definitions

Noongar means a descendant of the Aboriginal people known as Noongars and who

identifies as and is accepted as a member of the Noongar peoples by those persons.

Noongar people means those Aboriginal people who, in accordance with the

customs, laws and traditions of Aboriginal people, have had since before time

immemorial a physical or spiritual connection to Noongar land.

gLOSSARy AND DEfiNiTiONS

The message sticks above were presented to Elders at each of the six Authorisation meetings. The markings symbolise coming

together as one mob or nation, in keeping with the decision made by the majority of the Noongar people who attended the

meetings.

We thank and acknowledge the beautiful work of Mr Ken Ninyette who designed and crafted the message sticks, and kindly

donated them to be presented to the Regional corporations for display in the regional offices when they are established.

GKB JARRAH 31 Jan 2015

SWB BLACK WATTLE 14 Feb 2015

WK/SN PAPERBARK 21 Feb 2015

YUED JAm 07 Mar 2015

BALLARDONG TuART 14 Mar 2015

WHADJUK STRINGy BARK 28 Mar 2015

(left to right) Brenda Hill, Kevin Fitzgerald, Wayne Nannup, Kim Brewster, Natalie Goodban, Janet Osbourne, Brenda Kuhlenbek,

Clem Rodney, Stefan Le Roux, Carol Innes, Kieran Smyth, Shae Aiello, Elaine Kenny, Leon Wynne, Vanessa Forward, Sandra

Harbon, Nick Abraham, Justin McAllister, Caron Stewart, Aimee Lamatoa, Glen Kelly, Gail Beck, Alison Storey, Stuart Bradfield,

Michelle Nelson-Cox, Astrid Van Kampen, Sarah Bell, Dezreena Hoelker, Zitah Barto, Matthew Casey, Callum Morich, Carolyn

Fennelle, Brenda Hill, Glenn Shaw, Malcolm Champion.

Noongar boodja

Ph: (08) 9358 7400 | Fax: (08) 9358 7499


Web: www.noongar.org.au1490 Albany HighwayCannington WA 6107

PO Box 585Cannington WA 6987

AnnualRep rt

2 15

SOUTH WEST ABORIGINAL LAND AND SEA COUNCIL

Download the Annual Report at:www.noongar.org.au

visit our Kaartdijin website:www.noongarculture.org.au

Find us on Facebook: The South West Aboriginal Land and Sea Council

Documents

2 15 Rep rt - Squarespace Corporate Services Unit Report 15 SWALSC Overview ... From May to July 2015 we ran by-elections to fill vacancies in Gnaala Karla Booja, South West Boojarah