NSWALC Annual Report 2004-2005

annual report 2004-2005 1

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A n n u a l R e p o rt 2 0 0 4 - 2 0 0 5

New South WalesAboriginal Land Council

2 Annual report 2004-2005

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Contents

Letter to the Minister 4Administrator’s Report 5Report by the Chief Executive Officer 8

New South Wales Aboriginal Land CouncilBackground 12Our Clients 14Aims and Objectives 14Regional Aboriginal Land Councils 16Local Aboriginal Land Councils 17Council Structure and Membership 17

New South Wales Aboriginal Land Council OverviewOrganisation Structure 18Zone Offices of NSWALC 21Profiles of NSWALC Zone Directors 22

2004-2005 Review of OperationsGovernance Unit 28Internal Audit 33Secretariat 34Finance and Administration 35NSWALC Statutory Investment Fund 40Commercial Unit 42Community Business Plans 44Rural Properties 45Strategic Planning and Policy 47Network Services Unit 51Achievements of the Northern Zone 54Achievements of the Southern Zone 56Achievements of the Western Zone 59Achievements of the Eastern Zone 62Land Rights 63Review of the Aboriginal Land Rights Act 65Media and Marketing 71Funds Granted to Community Organisations 75Legal Matters and Changes 76Economic Factors 76Management and Activities 76Research and Development 77List of Consultants 78EEO 79Land Disposal 80Accounts Payment Policy and Practice 80Risk Management/Insurance 81Occupational Health and Safety 82

Financial Reports 84List of Local Aboriginal Land Councils 111

Cover Photo: Patricia Laurie, Norma Collins and Christine Ferguson from theBirrigan Gargle Local Aboriginal Land Council.

Some names may be mentioned, or images portrayed of people who have died since the events recordedoccurred. NSWALC apologises for any hurt caused.

This report is also available on the Internet - www.alc.org.au


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REPORT FROM THE ADMINISTRATOR

murray chapman

This report marks my second year asNSWALC’s Administrator.

I was appointed by the Minister for AboriginalAffairs, the Hon Dr Andrew Refshauge MP, on23 November 2003 after the Minister considereda report into NSWALC by Mr. Wayne Beaumanof the accounting firm, Bentleys MRI. Theinvestigator’s report highlighted a number ofproblems in the council’s administration.

My appointment was extended for twelve monthsfrom 19 November 2004.

As I stated in my introduction to last year’sAnnual Report I regard my role at NSWALC asbeing that of a caretaker pending the return of anelected NSWALC council and as a “changemanager” for the organisation.

My intention is that, when an elected councildoes return, it is able to work with bettergovernance policies and procedures, moreefficient management systems and structures,and a financial foundation that better fits theorganisation and the land council network as itserves our people into the twenty-first century.

This remains my clear intent.

I’m pleased to report that we have madeconsiderable headway in fulfilling that goal duringthis financial year in preparation for theanticipated return of a State Council inNovember 2006.

New policy formulation, the introduction andimplementation of new management systems andstructures, and consolidation of NSWALC’sStatutory Investment Fund have all been keyfeatures of this reporting period.

The achievements outlined in this reportdemonstrate an increasingly effective andefficient organisation firmly engaged with an ever

increasing number of internal and externalstakeholders, mindful that it is the remnant peakAboriginal representative body on the easternseaboard.

All of these achievements result from a genuineteam effort.

NSWALC’s Chief Executive Officer, Mr. William“Smiley” Johnstone and NSWALC’s staffcontinue to provide practical, principledprofessional advice and support for the reformprocess that is underway at NSWALC.

While the process still has a way to go,NSWALC may well have continued to fall shortof its full potential without a quality ChiefExecutive Officer and committed staff.

I’m particularly pleased to report that despiteunbudgeted costs associated with the NSWALCresponse to the ALRA Review and a number ofother operational matters we ran within budget in2004-05 and - for only the third time in its history- without recourse to cash reserves.

I’m also pleased to report that the value of theStatutory Investment Fund, as at 30 June 2005,was $583.8 million after the draw down ofoperational expenditure. This is well above thestatutory limit of $485 million prescribed in theALRA.

I noted in this space last year that therestructuring of the organisation to meet currentand emerging needs and priorities has been asource of some concern and confusion to existingstaff and to NSWALC’s constituency.

This has been compounded, in my view, duringthis reporting period by a range of complex issuesraised during the review of the Aboriginal LandRights Act which was announced by the StateGovernment in May 2004.


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I’m particularly pleased to report that despite unbudgeted costsassociated with the NSWALC response to the ALRA Review and anumber of other operational matters we ran within budget in 2004-05 and - for only the third time in its history - without recourse tocash reserves.

“”

There has also been criticism about the pace ofthe review and the membership of the Taskforceappointed to conduct it.

I consider much of this criticism, whileunderstandable in some respects, to bemisplaced.

Substantial effort has been made by thisorganisation through community forums, regularcirculars and publications, and through visits toLALC’s, to explain the reform process withinNSWALC in detail and to alert the ALC networkto the issues being raised in the review of theALRA.

There is always room for improvement but wehave made as much headway as possible in thepolitical climate which has prevailed during thisreporting period in seeking to reconnectNSWALC with the network.

The review cannot, and should not, be rushed.

It has been tasked with a fundamentalexamination of the base structure of legislationwhich was enacted, with the best of intention,more than 20 years ago.

The relevance of key elements of that legislativestructure has long since passed.

The Aboriginal Land Rights Act has deliveredsignificant and valuable assets to the ALCnetwork. The existing and future land base ofland councils provides Aboriginal people in NSWwith a degree of economic influence that too fewof us appreciate fully.

The structure, however, is not geared to carry thesystem into the next phase of land rights, thesustainable development and management of our

land base for the benefit of the present andfuture generations.

It is simply not geared to help us overcome theadministrative overload and lack of capacity ofAboriginal land councils.

The review has the potential to deliver a betterland rights system in NSW that allows us to buildupon the gains of the past two decades. It alsohas the potential to establish new and muchneeded levels of transparency and participation inthe various components of the land councilnetwork, particularly in governance, structure andrepresentation.

I have made it clear that I will not be party to anyattempt to use the review to diminish the rightsand gains which have been achieved over thepast two decades.

We do, however, need change and legislativeclarity.

I have made it clear that the current legislativearrangements for land dealings by local landcouncils are inadequate. We need an improvedframework for managing, selling and developingland council land assets, particularly in regard tolarge scale commercial developments.

The Review Taskforce has proposed a muchmore comprehensive and holistic approach to themanagement of land dealings. It will also berecommending fundamental changes ongovernance, structure and representation.

Contrary to claims in some quarters the Reviewhas not been conducted behind closed doors. Allof its work will be released for public comment.


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Ultimately, all of us have a stake in the land rightslegislation and the land council system in NSW.Accordingly, I urge people to make their viewsknown during the consultation processesconducted by both NSWALC and theGovernment.

I would also remind everyone that the NSWGovernment has repeatedly committed itself tothe return of an elected State Council.

Our job over the past year and into the comingyear is to continue the reform program withinNSWALC in preparation for this eventuality.

We must ensure that once an elected Council isreturned, it can operate within a streamlinedlegislative structure supported by skilled andexperienced staff and the necessary financialresources to ensure that Aboriginal concerns andAboriginal views continue to be heard.

In closing, I’d remind everyone that a November2006 State Council election would mark the endof a three year administration. Everyone atNSWALC is working towards the achievementof that goal.

Murray Chapman


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REPORT FROM THE CHIEF EXECUTIVE OFFICER

william johnstone

The drafting of this report coincides with mysecond year as Chief Executive Officer of theNew South Wales Aboriginal Land Council.

It has been a challenging but, ultimately,productive and rewarding year for anorganisation in the midst of major transition.

The year has been one of operational andfinancial consolidation.

Many significant gains have been made duringthis reporting period in our capacity and capabilityto deliver support services to our constituents andin eliminating many of the wasteful practices ofthe past.

We have continued to build on the majoradministrative restructure of the organisation,initiated by the former State Council, to addressthe previously reported deficiencies in expertiseand strategic focus in most key managementpositions and in addressing low staff morale.

We have also continued to develop, refine andimplement a new suite of governance policiesand procedures. We have progressively replacedredundant operating systems.

Given the scope of change it might be described,more aptly, as a reconstruction than arestructure.

As I noted in this space last year the deficienciesin skills, lack of clear policies and procedures,and redundant management structure andsystems all had an adverse impact onNSWALC’s operations and reputation.

This was particularly evident in the quality ofservice provided to the network of LocalAboriginal Land Councils and most keystakeholders.

The progress made during this reporting period isbest exemplified in the regions.

As many would be aware the focus of therestructure at the regional level has beendesigned to considerably improve assistance toLocal and Regional Aboriginal Land Councils.

This has entailed the collapsing of 11 branchesinto four new Zone offices which became fullyoperational in December 2004.

The employment of skilled zone staff, particularlyin the areas of financial management and LandCouncil support, is now providing the anticipatedintensive assistance to the ALC network. We arenow avoiding, as far as is possible, the expensiveand self destructive cycle of administrations, ablunt instrument in reviving the fortunes of under-performing LALC’s.

This has been tied to a major bolstering ofNSWALC’s in-house commercial expertise toassist LALC’s deal with the complex land dealingprovisions which have bedevilled so many in thepast and the progressive implementation of thenew governance policies and procedures.

I should note, however, that the implementationof the new Zone structure has broughtcompliance issues into much sharper focus duringthis reporting period, resulting in increasedtension between NSWALC and certain sectionsof the LALC network. This is understandable.

NSWALC must always strive to strike a balancebetween the aspirations and goals of LALC’sand NSWALC and our respective rights andresponsibilities under the compliance provisionsof the ALRA.

In most respects, we do strike the balance buttension will always exist in a legislative structurewhich casts NSWALC as a key agent ofcompliance, as well as a peak advocacy body.


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NSWALC must always strive to strike a balancebetween the aspirations and goals of LALC’s andNSWALC and our respective rights and responsibilitiesunder the compliance provisions of the ALRA.

“”

The new Zone structure was being bedded downas the end of the financial year loomed. Thisallowed the NSWALC senior management teamto concentrate on completing the restructure inParramatta and to complete a much neededrevision of the NSWALC Business Plan.

As I noted in this space last year the changes inthe way we do business led to two rounds ofvoluntary redundancy. Another round ofvoluntary redundancy was completed during thisreporting period.

It has allowed long term staff to move on and,where appropriate, the recruitment of seniormanagers and staff with a broad experience ofthe land rights system, the business world and ofprogram administration and financial control.

of the legislation while retaining a commitment toa democratic and representative structure forAboriginal people. NSWALC agreed with theneed for the review, although it expressedreservations to the Minister about its timing giventhe absence of an elected arm.

Despite these misgivings NSWALC has taken alead role in the work of the ALRA ReviewTaskforce.

We consider the operational and financialdemands on the system have outgrown itslegislative base and that the Act has not keptpace with contemporary governancerequirements and commercial pressures.

A key task was to ensure the voice of the landcouncil network and the wider Aboriginalcommunity was heard.

Importantly, these changes have been broughtabout without industrial disputation.

I also noted last year that such substantial changeis not without its frustrations, particularly amonglong serving staff, but I’m committed todelivering a successful restructure with ourcorporate goals and objectives in our revisedBusiness Plan as the driving force.

General staff feedback confirms there is a newsense of direction and purpose at all levels withinthe organisation.

I also reported last year that the organisation waspreparing for a major role in the governmentinitiated review of the Land Rights Act.

The Government made it clear the review wouldresult in an overhaul of the machinery provisions

We have also taken a lead role in the communityconsultation process on the review. We held onestate-wide round of consultations betweenOctober and November last year and a secondround was in progress as this reporting perioddrew to a close.

Both were designed to alert the network to thecomplex issues involved and to generate debatewithin, and feedback from, the ALC network andthe wider Aboriginal community. A number ofparticipants commented that it was the first timeNSWALC had undertaken such a detailed publicawareness exercise.

We also made a significant contribution to amajor Issues Paper on land dealings and provideda host of related documents on our website, witha special feedback facility.


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It is a cause of some disappointment to recordthat we had received no significant feedbackfrom the ALC network as this report was beingwritten. I can only hope the formal Governmentconsultations planned for later this year stimulatemore interest in a process which could result infundamental changes to the Land Rights Act.

On a more positive note one of the operationalhighlights in this reporting period has been thereturn by NSWALC to the core issue of claimingland, as detailed later in this report.

Another operational highlight has been theconsolidation in the performance of the StatutoryInvestment Fund which stood at $583.8 million at30 June 2005. This is an increase in the value ofthe fund of $51.7 million over its close in theprevious financial year.

It is also pleasing to report that despite a numberof substantial unbudgeted costs, particularly inrelation to the ALRA Review, we continued tooperate within budget this financial year. Ourconstituents must understand that solid growth ofthe Fund must continue to assist the long termfinancial sustainability of the land rights systemfor future generations.

With growth in the Fund and a land bank withinthe ALC network now conservatively estimatedat some $3 billion we have a solid foundation forthe future.

In conclusion, I should point out that all of thechanges outlined above were achieved whiledealing with an increasing range of complexissues which often required urgent daily attention,particularly in relation to compliance issues andland dealings.

The fundamental reconstruction required toensure NSWALC’s continued relevance is nowwell underway. We are now looking outward,instead of inward.

We can make a positive difference to Aboriginalpeople in New South Wales but prudentmanagement of the Fund and ongoing renewaland reform are all essential elements of this.

So too, in my view, is a new degree of solidaritywithin the land council system.

The abolition of the Aboriginal and Torres StraitIslander Commission has placed new pressureson NSWALC as it rebuilds itself as a peakAboriginal representative body. Many lessonsneed to be drawn from the ATSIC experience.

First and foremost is the need for everyonecommitted to Aboriginal self determination toseek to work together on common goals.

In closing I’d like to express my gratitude toNSWALC Administrator, Mr Murray Chapman.He was given a difficult task which he hasperformed in a professional, constructive andcourteous manner.

He has been instrumental in facilitating thefundamental operational and cultural changewithin NSWALC’s administrative arm. I lookforward to working with him over the next yearto ensure we continue to build on the gainsoutlined in this report and prepare for theanticipated return of a State Council.

William JohnstoneChief Executive Officer


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NEW SOUTH WALESABORIGINAL LAND COUNCIL


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Above: NSWALC CEO William Johnstone addresses the HornsbyForum on the Review in the ALRA.

New South Wales Aboriginal Land Council

This report covers the activities and financial dealings of the New South Wales Aboriginal LandCouncil for the period 1 July 2004 to 30 June 2005. It provides a summary and highlights of ouractivities and achievements during that period, as well as the financial and other reports required underthe NSW Government’s Annual Reports (Statutory Bodies) Act 1984.

The Council is at present in the hands of an Administrator.

The Minister for Aboriginal Affairs has, however, publicly affirmed his commitment to the return of apopularly elected Council. It is for this reason that the normal functioning of Council is described interms which assume a model of elected representative members collectively setting policy direction,with an experienced CEO and skilled team of senior managers, administering the support systems toassist local Aboriginal communities to achieve economic and social independence.

For the benefit of new readers, it is important to place in context the way in which this organisationcame into being, what the Land Council system in New South Wales is designed to do, and how itgoes about doing it.


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Who We Are and What We Do

The New South Wales Aboriginal Land RightsAct 1983 gives the New South Wales AboriginalLand Council (NSWALC) the mandate toprovide for the development of Land Rights forAboriginal people in NSW. A self fundingStatutory Authority, the Council is committed tothe ongoing provision of high quality support andadvice to the Local Aboriginal Land Councilnetwork and empowerment of Aboriginalcommunities through:

· Land acquisition either by land claim orpurchase

· Establishment of commercial enterprises tocreate a sustainable economic base forAboriginal communities

· Maintenance and enhancement of Aboriginalculture, identity and heritage (including themanagement of traditional sites and culturalmaterials within NSW).

In addition, NSWALC acts as an advisor to andnegotiates with Governments, and otherstakeholders, to ensure the preservation ofAboriginal rights.

It is the peak Aboriginal representative body inNSW charged with managing a StatutoryInvestment Fund, currently valued at almost $600million, and oversees the development andmanagement of a significant Aboriginal ownedland estate.

The total area granted under the ALR Act isapproximately 80,036 hectares, or just under oneper cent of the New South Wales land area. Ithas a value conservatively estimated at $771.6million.

Added to this are properties acquired bypurchase or other transfer of land (such asformer missions/reserves) into LALC ownership— giving a total of over 616,461 hectares, withan unimproved capital value at approximately$952.6 million.

The Aboriginal Land Rights Amendment Act(2001), proclaimed on 25 October 2002, sets outan improved set of accountability requirementswhile at the same time in theory permitting agreater degree of autonomy by LALC’s in theirdealings with land. For example, under the newAct, LALC’s can, within guidelines, purchase,dispose of and lease land without specific priorapproval from NSWALC or the Minister. Allmajor commercial developments must beapproved by NSWALC.

Those sections of the ALR Act which governland dealings are now under careful examinationas part of a comprehensive review of the ALRAct announced by the Minister for AboriginalAffairs, Doctor Andrew Refshauge on 26 May2004.

The Minister requested the three-personTaskforce established to conduct the review tofocus its attention first on the issue of landdealings. A detailed Issues Paper on the landdealing provisions of the ALR Act was due to bereleased in the second half of 2005, along with asecond paper on governance, structure,representation and benefits, ahead of formalgovernment consultations.

A collaborative effort between NSWALC, theDepartment of Aboriginal Affairs and theRegistrar of the ALR Act, the first paper wasexpected to propose a more comprehensive andholistic regime for major commercial dealings inAboriginal land.

The paper was also expected to look at theuneven distribution in the amount and value ofland held within the ALC network. The nature ofland tenure in the Western Division has meantthat little land has been available for claim, whileLocal Aboriginal Land Councils in coastal areashave benefited both from greater opportunity toclaim land and from a boom in land prices overthe past decade.


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Our Clients

The Council normally consists of 13democratically elected members who representthe 13 Aboriginal land council regions in NewSouth Wales.

The Council is supported in its work by a HeadOffice, located in Parramatta, headed by a ChiefExecutive Officer with the delegated authority ofthe Council to assume responsibility for allaspects of the day to day operation of theCouncil’s affairs.

The principal client of NSWALC is the networkof 121 Local Aboriginal Land Councils whichcollectively manage the range of support servicesdelivered at local level to their communities.These services include housing, legal affairs,employment, training and property acquisition andmanagement.

During the reporting year, NSWALC hascontinued to restructure the distributed supportfor Local Aboriginal Land Councils.

From what was an 11 Branch structure withminimal staffing, a new four Zone Structure hasbeen implemented with offices being establishedin three regional centres (Dubbo, Queanbeyan,Coffs Harbour) and Sydney.

Aims & Objectives

NSWALC is empowered under legislation to:

i) administer the NSWALC Account andMining Royalties Account;

ii) grant funds for payment of theadministrative costs and expenses ofRegional and Local Aboriginal LandCouncils;

iii) acquire land on its own behalf or on behalfof, or to be vested in, Local Aboriginal LandCouncils;

iv) determine and approve/reject the terms andconditions of agreements proposed by LocalAboriginal Land Councils to allow mining ormineral exploration on Aboriginal land;

v) make claims on Crown lands, either on itsown behalf or at the request of LocalAboriginal Land Councils;

vi) with the agreement of the particular LALC,manage any of the affairs of that Council;

vii) conciliate disputes between Aboriginal LandCouncils or between Councils andindividuals or between individual membersof those Councils;

viii) make grants, lend money to, or investmoney on behalf of Aborigines;

ix) hold, dispose of, or otherwise deal with landvested in or acquired by NSWALC;

x) ensure that Regional and Local AboriginalLand Councils comply with the Act inrespect of the establishment and keeping ofaccounts and the preparation andsubmission of budgets and financial reports;

xi) ensure that elections for the Chairpersonsand other officers of Regional and LocalAboriginal Land Councils are conducted inaccordance with the Act;

xii) advise the Minister on matters relating toAboriginal land rights, and

Above: Southern Zone’s Senior LALC OfficerHazel Hudson working with the CummeragunjaLALC.


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xiii) exercise such other functions as conferredor imposed on it by or under the AboriginalLand Rights Act (1983) or any other Act.

The NSW Aboriginal Land Rights AmendmentAct (2001), proclaimed on 25 October 2002,provides for NSWALC to carry out the followingadditional functions:

(i) to mediate, conciliate and arbitrate disputesrelating to the operation of the Principal Actbetween Aboriginal Land Councils, betweenthose Councils and individuals, or betweenindividual members of those Councils and torefer such disputes to the Registrar orindependent mediators, conciliators andarbitrators;

(ii) with the approval of the Minister, to makegrants or lend money to a funeral schemeestablished for the benefit of Aboriginalpersons;

(iii) to compile and maintain a consolidated rollof all members of Local Aboriginal LandCouncils;

(iv) to compile and maintain a register of all landheld by Local Aboriginal Land Councils;

(v) to make prescribed information contained inthe land register or consolidatedmembership roll that relates to a LocalAboriginal Land Council available onrequest to members of that Local AboriginalLand Council.

There were five key objectives within thisframework for NSWALC in 2004/2005, asarticulated in the NSWALC Business Plan. Theywere as follows:

1. NSWALC will provide leadership toinfluence the policy of government andother stakeholders to preserve Aboriginalculture and heritage and create economic,social and cultural improvements forAboriginal people;

2. Create a network of fully functional,transparent, well governed Regional andLocal Aboriginal Land Councils;

3. To help the LALC’s acquire and developassets to become financially viable;

4. To improve the internal operations ofNSWALC;

5. To maximise the return on the investmentportfolio while maintaining an acceptablecapital risk profile.

These revise the five key objectives previouslyarticulated in the NSWALC Business Plan.Strategies and actions were also developed toassist the Purpose, Objectives, and KeyPerformance Indicator targets set during therevision of the Plan. Responsibilities forimplementation are assigned at a work unit level.

The strategies included:

· Take a leadership role in the promotion,protection and preservation of Aboriginalculture and heritage;

· To secure and enhance the currentlegislative rights to land;

· Take a leadership role with Governmentsand other stakeholders to work to improvethe economic and social well being ofAboriginal people;

· Ensure the appropriate organisationstructures, staffing, policies and proceduresare in place to promote effective andefficient internal operations;


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· Ensure NSWALC’s organisational culture isbased on performance and continuousimprovement, foster a culture of sharedinformation and develop and maintain aneffective risk management culture;

· Work to increase NSWALC’s publicadvocacy position informed by evidencebased research, respond to emerging issues,and improve the communication betweenNSWALC, LALC’s and RALC’s;

· Work to maximise the participation ofNSWALC’s constituents and the widerAboriginal community in all relevant politicalprocesses;

· Provide support, assistance and relevanttraining to RALC’s and LALC’s to enablethem to better manage their administrationand to meet their obligations under theALRA;

· Monitor the financial and non-financialperformance of the RALC’s and LALC’s;

· Assist LALC’s to prepare communitybusiness plans and facilitate the provision ofbest quality professional business advice andmentoring to LALC’s and assist them toevaluate potential business opportunities;

· Develop clear funding guidelines to provideequitable funding to all LALC’s andRALC’s;

Regional Aboriginal Land Councils(RALCs)

There are 13 RALC’s located across New SouthWales. Each regional Aboriginal land council ismade up of representatives elected by thevarious Local Aboriginal Land Councils.RALC’s are designed to play an advisory role inthe management of the land council network anddo not have direct authority over any LocalAboriginal Land Council (although a RALC canmake recommendations for consideration by aLALC or the NSWALC). Importantly, theRALC provides a local support base for LALC’sand their elected Councillor.

The RALC is a statutory authority with theresponsibility to:

a. compile and maintain a register of all LocalAboriginal Land Councils within its area

b. provide assistance to Local Aboriginal LandCouncils in the preparation of claims onCrown land or the negotiation of thepurchase or sale of land;

c. assist Local Aboriginal Councils in theestablishment and keeping of accounts andsubmission of budgets and financial reports;

d. provide advice and further assistance asrequired by Local Aboriginal Land Councilsin its area;

e. assist the NSWALC to conciliate anydisputes between Local Aboriginal LandCouncils, or between those councils andindividuals, or between individual membersof Councils, and

f. exercise such other functions as areconferred, or imposed on it by, or under theAboriginal Land Rights Act (1983), or anyother Act.


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Armidale Northern Tablelands Region

Gosford Sydney/Newcastle Region

Lismore North Coast Region

Moama Murray River Region

Nowra & Batemans Bay South Coast Region

Wagga Wagga Wiradjuri Region

Coonamble North West Region

Kempsey Central Coast Region

Liverpool & Gosford Western Metro Region

Batemans Bay Far South Coast Region

Quirindi Northern Region

Menindee Western Region

Dubbo Central Region

Above: L to R - Troy Steever, (Wagonga LALC),Noleen Leha and Lorraine Naylor (Merrimans LALC)at the Forum into the Review into the ALRA inNarooma.

The 2001 Amendments to the Act brought somechanges to these responsibilities designed tostreamline their operation and allow a greaterfocus on support to LALC’s to help them meettheir more onerous responsibilities under the newAct.

Regional Aboriginal Land Councils operatedduring 2004/2005 from the following locations:

A map setting out the boundaries of eachRegional Council may be found at the rear of thisreport.

Local Aboriginal Land Councils (LALC’s)

Local Aboriginal Land Councils are locatedacross New South Wales. The number withineach Region varies and ranges from three to 16,and the current total is 121. Each LALC electsits own office bearers (chairperson, secretaryand treasurer) and also elects two regionalrepresentatives to attend meetings at theirRALC. Staff and members are encouraged toaccess advice, information and support from theNSWALC.

LALC’s work for their members and the widerAboriginal community living in their local area.They assist in matters relating to the areas ofhousing, legal affairs, employment and other day-to-day matters involving Aboriginal people inaccordance with functions detailed under theAct.

The Act established the land council structure ina way that has sought to achieve a high degreeof participation and involvement by everyAboriginal person in the affairs of their localcommunity.

The Amendment Act clarified the reportingstandards expected by the NSW Government forLand Councils and set in place a generalframework for increased public accountability.

A complete list of Local Aboriginal LandCouncils is located at the rear of this report.

Council Structure & Membership

The New South Wales Aboriginal Land Council’selected arm normally consists of 13 Councillors,democratically elected by Local Aboriginal LandCouncil members to serve four year terms. TheCouncil itself elects office bearers. The positionsof Councillor are established under the NSWAboriginal Land Rights Act, 1983 with salariesdetermined by the Statutory and Other OfficesRemuneration Tribunal for Public Office Holders.


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Northern ZoneDirector

Southern ZoneDirector

Western ZoneDirector

Eastern ZoneDirector

DirectorNetwork Services

DirectorMedia Marketing

DirectorGovernance

DirectorPolicy

PrincipalLegal Officer

Manager HumanResources

ManagerFinance

CommercialAnalyst

ManagerInf. Technology

Chief ExecutiveOfficer

Council /Administrator

Chief OperatingOfficer

Chief FinanceOfficer

ExecutiveOfficer

ExecutiveAssistant

Organisation Structure

The administrative arm of NSWALC has beenarranged in functional areas relating to the corebusiness of the Council - namely, Land Rights,Investment and support to the Land Councilnetwork.

The organisation has traditionally been structuredaround a range of management and supportareas including Executive, Human Resources,Training & Development, Accounts, Purchasing,Fleet Management, Field Liaison and InternalAudit.

Strategic priorities in recent years, as well asstructures, have been determined in response tothe requirements of the long-awaited AmendmentAct (2001) which was finally proclaimed (withRegulations) on 25 October 2002.

As foreshadowed in last year’s Annual Report,the organisational structure of the administrativearm has undergone significant change in 2004/05.

A downsizing of Head Office was forecast withthe announcement of the new Zone Officestructure, which was designed to ensure moreskilled resources were being placed closer to theclient group they were designed to support.

A simplified corporate structure with boostedsupport for LALC’s and a rationalised corporatefinance area was achieved during the reportingperiod. Substantial capability was also added tothe organisation in terms of policy developmentand project management, much of this via shortterm contracts and consultants for specific tasks,pending a recruitment campaign to fill positionson a permanent basis.

As at 30 June 2005, actual staffing level was 70persons with 25 of these functioning in the fourZone Offices. This represents a 2.8% reductionon actual staff numbers at the close of theprevious reporting period.


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Above: Members of the NSWALC Executive meetwith the NSWALC CEO William Johnstone.

Executive

During 2004/2005, the NSWALC had threepositions at the Senior Executive Level. Thosepositions were Chief Executive Officer, ChiefOperating Officer and Senior Finance Officer.

Mr William Johnstone had been appointed ChiefExecutive Officer in September 2003 while MsMargaret Palmer commenced in the position ofChief Finance Officer in June 2005. Recruitmentaction was also commenced for the position ofChief Operating Officer but it was decided toappoint a highly experienced NSWALC officer,Mr Malcolm Davis, to act in the position to assistin the bedding down of the new Zone structure.

With the advent of the new organisationstructure, a number of positions at the ExecutiveLevel were also established and filled, includingthe four Zone Directors.

Finance and Administration Division

As part of this restructure, the Finance,Administration, Human Resources, InformationTechnology and Commercial Services Units havebeen brought together to form the Finance &Administration Division.

A newly created position of Senior FinanceOfficer was established to take responsibility for

the Finance & Administration Division, includingthe following functions and responsibilities:

Finance

· Strategic and operational planning andbudgeting

· Financial and management reporting

· Financial accounting services

· Statutory and regulatory compliance

· Treasury and investment funds management

· Payroll

· Funeral grants

· Insurance

Administration

· Fleet management

· Purchasing

· Reception

· General administration

Human Resources

· Occupational Health & Safety

· Industrial relations

· Personnel records & administration

· Policies & procedures

· Recruitment & selection

· Organisation design

· Performance management processes

· Training & development

· Pay & benefits

Information Technology

· Support for all information technology andmanagement information systems

Commercial Services

· Review of applications for dealings in land

· Advice on LALC community and businessplans


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Above: Staff from the Network Services Unitlocated in the Parramatta Office.

Above: Chief Finance Officer Margaret Palmer(left) and Rattinga Khannara (right).

· Property management

· General commercial advice and support toLALC’s, Zones and Network Services

NSWALC employed the services of recruitmentspecialists, Michael Page International, to assistthe organisation in filling the position of SeniorFinance Officer. The position was advertised inMarch. A rigorous recruitment process resulted,as mentioned earlier, in the appointment of MsMargaret Palmer to the position in June.

Ms Palmer has brought an extensive range ofskills, qualifications and executive experience toNSWALC in financial and change managementand corporate services.

She replaced Mr Paul Beattie who had acted inthe position for some months following thedeparture from the organisation of former ChiefFinance Officer, Mr Steven Narayan.

Mr Beattie was not a candidate for the positionand managed the recruitment process.

Upon the recruitment of Ms Palmer he wasengaged to work on a number of special projects.

Network Services Unit

As reported in the 2003/2004 Annual Report theresults of an organisational restructure conductedduring 2000/2001 led to the creation of the LandCouncil Services Unit to provide a range ofsupport services to LALC’s.

This unit was the operational “core” ofNSWALC’s dealings with the network of localAboriginal Land Councils with the assistance ofBranch offices and incorporated the functionsand responsibilities of the former Land RightsUnit and the former Field Liaison Unit.

Further consideration was given to the purpose ofthis unit during the review of structure during2004/2005.

Its focus shifted to the provision of direct supportto the newly created Zone Offices through thedevelopment of relevant operational processesand procedures. These are designed to provide aconsistent approach to service delivery from the2005-2006 financial period.


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Zone Offices of NSWALC

NSWALC provides support to LALC’s directly and during the reporting period through a network ofBranch Offices. Lack of depth of skilled resources at the Branch level contributed in part to thedecision taken during the reporting period to consolidate the 11 Branch Offices into four Zone Offices,each with the resources to adequately service the particular needs of the LALC’s in their Zone.

Zone Director positions for the Western Zone, based in Dubbo, the Northern Zone, based in CoffsHarbour, the Southern Zone, based in Queanbeyan and the Central Zone based in Parramatta wereadvertised and filled following a formal recruitment process.

All successful applicants have considerable experience in Aboriginal Affairs and complement therange and depth of skills brought to the organisations in the staff appointments during the reportingperiod in Head Office.

Boundaries of NSWALC Zone Offices


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NSWALC Zone Directors

Mr Jim Sturgeon, a descendent from the Yuin Nation on the South Coastof NSW and La Perouse, has been appointed as Director, Western Zone,based in Dubbo.

Mr Sturgeon has worked in the three tiers of government and incommunity organisations at all levels. These have included the BrisbaneCity Council, Department of Social Security, NSW Probation and ParoleService, Department of School Education and the IndependentCommission Against Corruption.

During his engagement with ICAC he worked on the ICAC/O’Keefereports into Aboriginal land councils.

The Zone Director, Sydney/Newcastle is Mr Ken Jurotte, a descendent ofthe Wiradjuri people who has a long history of working with Aboriginalcommunities in the delivery of programs and services, particularly in ruraland remote areas of NSW.

He joined NSWALC from his previous position as Manager of theHeritage and Natural Resources Unit of the NSW Department ofAboriginal Affairs.

Prior to that he worked in senior management positions with agenciessuch as National Parks and Wildlife, the Aboriginal Housing Office aswell as being the CEO of the Aboriginal and Torres Strait Islander LegalService, Brisbane.

He also has experience as a former elected Chairperson of an AboriginalLand Council in western NSW.

The Director of Coffs Harbour Zone is Mr Andrew Riley who has workedextensively at senior management level within ATSIC’s Central and FarNorth Coast Regions and in the Far West of NSW.

Mr. Riley is highly regarded in the region given his long involvementwith both community and government organisations.

The position of Zone Director in Queanbeyan has been filled by Mr AlanHudson who has worked in the Aboriginal affairs areas with bothGovernment departments and community organisations since 1979.

He began his career in this area in Canberra and subsequently worked inthe Northern Territory, Victoria, Queensland and Western Australia.

For the past eight years he has worked with remote communities inCentral Australia, Cape York and the Kimberley.


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Induction Process

The Zone Directors were provided a lengthyinduction process at Head Office in Parramattawhich included signing off on new governancepolicies and procedures while staff positions fortheir offices were advertised.

A considerable amount of work has been done onthe examination of the new funding policy anddevelopment of appropriate procedures for thefull implementation of the policy.

All Zone Office staff positions were advertisedwith applications closing on 27 August 2004. Asmall but quality crop of candidates wereselected to fill key positions.

The Zone Directors and Branch Managersdeveloped a two step Communication Strategyfor the establishment of the new offices with atimeline for its roll out. Letters of introduction toall of the ALC Chairperson’s in their region werealso prepared.

The Zone Offices became fully operational on 1December 2004.

Governance Unit

A Unit was established under the reformedstructure to provide a focus on improvedcorporate governance within NSWALC and thenetwork. It was managed throughout thereporting period by Mr Colin Plowman, who hasa wealth of experience in the governance area ofAboriginal Affairs, at both the State and Federallevel.

Specific functions and responsibilities of the unitare:

· Development and implementation of a riskframework including strategies to mitigaterisks;

· Developing, implementing, managing,evaluating and monitoring procedures fordecision making that ensure establishment andmaintenance of satisfactory Governancesystems and practices including assisting inthe effective functioning of the NSWALCBoard;

· Developing an effective complaintsmanagement process for NSWALC inaccordance with transparent policies andprocedures;

· Ensuring effective and business likerelationships between NSWALC and externalagencies with responsibility for effectivegovernance. In particular the Ombudsman,Independent Commission Against Corruption(ICAC), the Department of Aboriginal Affairs(DAA) and the Registrar of the ALRA. Allreporting, actions and internal proceduresmust adequately address the requirements ofthe Ombudsman Act 1974, IndependentCommission Against Corruption Act 1988 andother relevant legislation;

· Manage the policies and procedures governingthe appointment and management ofAdministrators and Investigators to LocalAboriginal land Councils under Sections 222and 216 of the Act, respectively, in conjunctionwith Zone Offices;


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Right: Simon Spicer, a CommercialAnalyst and Property Coordinator,was Manager of the CommercialUnit.

· In the longer term to ensure LALCs haveappropriate risk management, governance,fraud control and complaints handlingmechanisms in place;

· Ensure Secretariat services to the NSWALCCouncil/Administrator and its variouscommittees;

· Ensure effective internal audit services toNSWALC;

· Ensure quality assurance with NSWALCpolicies and procedures.

The Council established an Internal Audit Sectionin May 1991 to provide independent managementoriented advice to Council and management onaccounting and audit issues. It conducts regularappraisals of the adequacy of, and compliancewith the system of internal control, reviewsoperations and programs, and ascertains whetherresults are consistent with established objectivesand goals. Towards the end of the year it wasdecided to outsource Internal Audit functions toexternal providers.

Commercial Unit

As previously reported a Commercial Unit wasestablished in April 2004. It has four principalfunctions and responsibilities:

1. Commercial advice and assistance to all areasof NSWALC;

2. All “land dealing” issues;

3. Commercial advice and assistance to allLALC’s; and

4. Management of NSWALC’s properties,including Rural Properties.

Since its formation the Commercial Unit hasengaged appropriately qualified and experiencedpersonnel. They are focused on ensuring thepurposes outlined above are addressedprofessionally and expeditiously.

They bring extensive experience in propertydevelopment and management, residential realestate management, financial, commercial andstrategic management, business planning andaccounting.

As at 30 June 2005, the Unit consisted of aManager, Mr Simon Spicer, a CommercialAnalyst and a Property Coordinator.


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Strategic Planning & Policy Unit

The SPPU performs a key role in themanagement of NSWALC’s relationship withpolicy makers in government and a range ofagencies involved in the administration ofAboriginal Affairs at both State andCommonwealth level.

The SPPU, which had been inactive for a 12month period, was re-activated with thetemporary appointment in May 2004 of MrRobert Burgess as Director of the Unit.

Mr Burgess was seconded from the NSWDepartment of Health for a period of six months.His appointment was subsequently extended onan ongoing temporary basis, ahead of apermanent recruitment campaign for the position,which was planned to be undertaken early in the2005-2006 financial year.

Two new officers were recruited to the unitduring this reporting period.

The expansion of the SPPU with two new policyofficers with highly relevant skills greatlyimproved capacity of the unit during the reportingperiod.

Ms Cleonie Quayle transferred to the SPPUfrom the NSWALC Governance Unit and MsStephanie Moore joined NSWALC from theIndigenous Land Corporation.

Ms Quayle is a winner of the Indigenous EquityScholarship and is responsible for research,briefings and representations in the social justiceand human services arenas. She is highlyregarded for her work in Aboriginal educationand social justice.

Ms Moore has qualifications in science andhuman geography and is responsible for research,briefings and representations in the naturalresource management arena.

Media & Marketing Unit

With the joint aims of improving theorganisation’s profile as well as facilitatingimproved communication with the broadercommunity and also within the Land Councilnetwork, the Media & Marketing Office has animportant role in the ongoing development ofNSWALC.

The Media & Marketing Office’s functions andresponsibilities include:

· Monitoring of Indigenous issues in the media

· Responding to daily media inquiries

· Responding to requests for information fromcommunity and government bodies

· Liaising with community and governmentorganisations

· Providing media advice and briefings forCouncillors/Administrator and senior staff

· Initiating positive stories

· Responding to negative reports

· Organising events and promotional activities

· Publishing and updating NSWALC onlineservices and information sheets

· Assisting NSWALC Units and Zone Officeswith promotional activities and publications

Legal Services Unit

The Legal Services Unit (LSU) came into beingin January 2002 as a discrete entity.

Formerly part of the Land Rights Unit, the LSUwas to not only continue the work previouslyundertaken by legal officers working in the LandRights Unit (briefing barristers on significantLand Claims and assisting LALC’s to decidewhether or not to pursue a particular claim), butwas also to provide legal services morestrategically to the CEO and Council.

The plan, therefore, was that as a dedicated Unit,the LSU would have been capable of providingbetter managed, comprehensive legal services


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both to NSWALC and to various Regional andLocal Aboriginal Land Councils within NSW.

When fully staffed, the Unit was able to:

· manage internally a higher number of legalmatters (hence reducing the reliance on andcost of an array of barristers and solicitors);

· provide closer management and supervision ofmatters briefed out (to reduce the incidence ofdouble handling and unnecessary duplication);

· monitor/oversee all NSWALC legal issues;and

· deal with a broader range of legal issues byvirtue of acquired expertise in a wider field oflegal experience.

Prior to the establishment of the LSU, variousunits engaged legal practitioners independently ofthe Legal Officers. There were numerousproblems arising from obtaining advice in such anad hoc fashion.

This included duplication of (or conflict with)advice already obtained; legal costs not properlynegotiated; advice being retained by one officerand not being made available to other staff orCouncil; inappropriate selection of legalpractitioners with insufficient expertise on theparticular point of law in question; no centralconduit for managing the growing in-house legalknowledge of NSWALC.

For most of the reporting period, the Legal Unitconsisted only of a single Senior Counsel, withthe attendant need to outsource much Legalwork to reputable, suitably experienced lawyers.

During the latter part of the reporting period, theLSU was supplemented by a Senior LegalOfficer allowing more of NSWALC’s legal workto be conducted in house.

The Principal Legal Officer currently reportsdirectly to the CEO.

Human Resources Unit

The Human Resources Unit was established toprovide an extensive range of services toManagement, staff and Councillors as well asproviding advice to Regional & Local AboriginalLand Councils.

The Unit is responsible for all matters relating topersonnel functions, Occupational Health &Safety, Industrial Relations, Recruitment andSelection and also provides advice and supportwith performance management issues andcoordinates the implementation of disciplinaryaction where considered necessary.

The accurate maintenance of all staff andestablishment records, providing counselling andadvice to staff, and the processing of conditionsof employment in accordance with the NSWALCStaff Award, Policies and Procedures, andlegislative requirements are fundamentalfunctions of the Unit.

A major additional responsibility of the Unitduring the reporting period has been associatedwith the NSWALC restructure.

The Unit has had significant involvement in thedevelopment of strategies and policies associatedwith the restructure as well as coordinating thedevelopment and evaluation of positiondescriptions, commencement of recruitmentaction together with the management of affectedstaff.

During the reporting period, the Unit has alsobeen involved in the consultative process and thedevelopment of strategies and time frames forthe improved management of NSWALC’s ruralproperties.

It is anticipated that the future will see the Unitevolve to meet the new demands placed on theNSWALC and to work in consultation with theZone Offices to assist RALC’s and LALC’s inthe development and implementation of soundhuman resource practices.


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Achievements

Complaints received 04/05 No. %

Procedures of ALC’s 38 49%

Housing & Tenancy issues 22 29%

Assault/Slander 7 9%

Membership issues 6 8%

Alleged Corrupt Conduct 4 5%

Total 77 100%

Review of Operations

The various operational areas of the Councilconduct regular internal reviews of theiroperations, as well as being subject to externalreview by a range of bodies.

The following is a summary of achievementsduring the reporting period.

Governance Unit

Complaints

Within the Governance Unit, NSWALCundertakes investigation of complaints receivedon issues and behaviour which it is claimedcontravene the operation of the Aboriginal LandRights Act.

NSWALC handles some of the complaintsinternally, while the majority are referred to othergovernment and non-government departments.

They range from referrals for tenancy advice, tomediation on intra-LALC disputes while moreserious referrals are sent to the NSW PoliceService, to the Independent Commission AgainstCorruption or to the Registrar of the ALRA.

NSWALC actively encourages Local AboriginalLand Council members to make use of thecomplaint mechanisms already in place at theLALC level to seek resolution before bringingcomplaints forward to State Council.

NSWALC does not seek to become directlyinvolved unless those processes have failed.

Complainants are always encouraged to put theircomplaints in writing in case formal legal actioneventuates.

Under s 192 (1), the Registrar may decide totake no action concerning a complaint if theRegistrar considers the complaint falls into any ofthe following categories:

(a) the complaint is frivolous, vexatious or notmade in good faith,;

(b) the subject matter of the complaint is trivialor does not warrant inquiry,;

(c) the subject matter of the complaint has beenor is under investigation by some othercompetent person or body, or has been, oris, the subject of legal proceedings;

(d) the complaint raises issues that requireinvestigation by another person or body;

(e) there is, or was, in relation to the mattercomplained of, a satisfactory alternativemeans of dealing with the matter by thecomplainant;

(f) the complaint relates to a matter thatoccurred more than two years before thecomplaint was made and the complainantdoes not have a sufficient reason for havingdelayed the making of the complaint; and

(g) the complainant has failed to provide furtherparticulars of the complaint within the timespecified by the Registrar.

The Registrar and NSWALC work closely inseeking to resolve complaints and disputes.

NSWALC received 77 complaints in the 2004-05financial year.

They broadly encompassed the following areasof concern:



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Achievements

Koompahtoo Inquiry.

NSWALC initiated a major ICAC inquiry intoKoompahtoo Local Aboriginal Land Council(KLALC) through its appointment of anInvestigator and then an Administrator into theLALC following disquiet about its activities.

In April 2005, The Independent CommissionAgainst Corruption (ICAC) released findings ofcorrupt conduct against eight people, andrecommended prosecutions be considered againstsix of those persons, as a result of itsinvestigation into KLALC.

The ICAC investigated land dealings involvingthe KLALC between 1996 and 2002 withdevelopment companies Sanpine Pty Ltd, VillaWorld Ltd, and CKT Developments Pty Ltd, aswell as the transfer of residential land to KLALCmembers.

Findings of corrupt conduct have been madeagainst former KLALC Chairperson Bill Smith,former KLALC Treasurer Stephen Griffen andformer KLALC Coordinator Robert Briggs.

The ICAC Report raised broader policy issuesconcerning the adequacy and efficacy of someprovisions of the Aboriginal Land Rights Actwhich affect the ability of Local Aboriginal LandCouncils to deal with land.

NSWALC and other parties, completed aconsiderable amount of work during the reportingperiod to address these issues in response to areview of the ALRA.which was initiated by theMinister for Aboriginal Affairs, Doctor AndrewRefshauge in May 2004.

A range of risk management and corruptionprevention policies have been implemented. Thishas included the establishment of an inter agencycommittee on improved corruption prevention andrisk management within the organisation and thewider land council network.

Intervention into the affairs of LandCouncils.

Part 11 of the Act gives powers which allow forthe intervention into the affairs of Land Councils.Division 1 deals with the appointment ofInvestigators, Division 2 with the appointment ofAdministrators and Division 3 with non-functioning land councils and dissolution.

Section 234 (1) gives the Minister authority todissolve Regional or Local Aboriginal LandCouncils where they request it, or whereNSWALC is of the view that the relevantCouncil has ceased to function. No LandCouncil was dissolved in the period of review.



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Achievements30 Annual report 2004-2005

The reasons for appointment of Investigators and Administrators vary.

They can include failure to comply with statutory reporting requirements, possible disposal of landwithout proper approval, possible fraudulent activity, the receipt of unsatisfactory audit reports.

Out of the 121 Local Aboriginal Land Councils, 13 were under Administration as this reporting periodended.

Five were appointed during the 2004/05 financial year:

Local Land Council Administrator Start of Appointment Status at 30 June 05

Ashford Barry Jameson 11 March 2005 In progressCoonabarabran William Malvern 16 February 2005 In progressGlen Innes Morgan Chubb 11 March 2005 Ended 10 June 2005Jerringa Frank Lo Pilato 4 May 2005 In progressLa Perouse Paul Gidley 25 August 2004 In progress

Six Administrators were in place as at 1 July 2004:


Birpai Andrew Hoholt 17 March 2004 Extended till 16 September 2005Jali Barry Jameson 7 October 2003 Extended till 23 November 2005Ngunnawal Peter Hillig 24 June 2004 Extended till 31 December 2005Purfleet/Taree Terry Lawler 7 October 2003 Extended till 7 October 2005Thungutti Andrew Hoholt 19 March 2004 Extended till 16 September 2005Worimi Peter Hillig 13 April 2004 Extended till 12 April 2006

Two Administrators were in place as at 1 July 2003:


Koompahtoo Terry Lawler 25 February 2003 Extended till 15 June 2006Moree Paul Gidley 13 August 2003 Extended till 10 August 2005


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Achievements annual report 2004-2005 31

Following are details of the 13 Local AboriginalLand Councils currently under administration.

Ashford Local Aboriginal Land Council

Ashford LALC’s 2003-2004 audit statementsraised substantial governance and financialconcerns. Valuations on properties had not beenundertaken since 1998. No rent had beencollected from any tenants for over three years.No AGM was held in 2003. A substantial debtwas also owed to the Australian Taxation Office.

The Administrator, Mr Barry Jameson, hascommenced activities to improve the functioningof ALALC, particularly the implementation ofproper governance procedures.

Birpai Local Aboriginal Land Council

Birpai LALC came under administration due to afailure to furnish satisfactory audited financialstatements. The Administrator, Mr AndrewHoholt, has been rectifying the documentmanagement procedures and identifying theoutstanding debt liabilities of BLALC.

There were significant monies owed to HastingsCouncil, the Australian Taxation Office andNSWALC. Significant improvements have beenmade in the collection of rents as well asadvances made in negotiating the disposal ofland. A Community Business Plan has also beencompleted.

Coonabarabran Local Aboriginal LandCouncil

The Administrator, Mr William Malvern, wasappointed to the Coonabarabran LALC due topoor organisational, financial and housingmanagement.

At the beginning of the Administrator’s tenure,there was $16,000 worth of unsubstantiatedpayments made to the former Office Bearers aswell as $174,000 in outstanding rates debts. TheCLALC had also signed a number of dubioustenancy agreements.

Glen Innes Local Aboriginal Land Council

Glen Innes LALC had no Office Bearers or aCoordinator in place when the LALC went intoadministration. The Chairperson, Secretary andthe Coordinator had resigned in June 2004. Thoseresignations left the Treasurer as the sole officebearer. The Treasurer was then convicted of aserious assault, which precluded that person fromcontinuing to hold a position within GILALC. Aconsiderable number of the LALC memberswanted to see it continue to operate andrequested the appointment of an Administrator inorder to get the LALC functioning again. TheAdministrator, Mr Morgan Chubb, completed thistask on 10 June 2005.

Jali Local Aboriginal Land Council

The Administrator, Mr Barry Jameson, wasappointed because of poor financial managementof the Jali LALC. This resulted from anunsatisfactory audit report for the 2002/2003financial year. JLALC had $102,307 in rentalarrears at 30 June 2003. There was a failure ofthe JLALC Officers to attend meetings todiscuss the funding situation and options. Noregular LALC meetings were being held.

The Department of Health & Ageing stoppedfurther funds for a JLALC project because of alack of accountability. Activities to improve thefunctioning of JLALC, together with theimplementation of proper governance proceduresare in progress.


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Jerrinja Local Aboriginal Land Council

Jerrinja LALC had a history of poor reportingperformance. JLALC has had an Administratoron two previous occasions; from March 1994 toAugust 1995 and more recently from October2002 to April 2003.

The second quarterly report for 2004/05 had notbeen received, the 2004/05 Budget had not beenreceived. These were breaches of ss 158 and159 of the Aboriginal Land Rights Act (1983).

For the present reporting period, severaldeficiencies were noted. There was nosupporting documentation for expenses, bankreconciliations were not being performed on aregular basis, no register of fixed assets existed,no superannuation had been paid during the yearand no rent was collected.

The Administrator, Mr Frank Lo Pilato iscurrently rectifying these governance issues.

Koompahtoo Local Aboriginal Land Council

Mr Terry Lawler was appointed Administratorbased on recommendations of an Investigator’sreport in relation to ultra vires payments, loans tomembers and cash payments and land dealingsthat contravened the Aboriginal Land Rights Act(1983).

In April 2005, the Independent CommissionAgainst Corruption (ICAC) released findings ofcorrupt conduct against eight people, andrecommended prosecutions be considered againstsix of those persons, as a result of itsinvestigation into Koompahtoo Local AboriginalLand Council.

La Perouse Local Aboriginal Land Council

La Perouse Local Aboriginal Land Council(LPLALC) had previously requiredAdministration due to mismanagement.

Mr Paul Gidley was appointed as Administratorin August 2004 after unsatisfactory audit reports.Members meetings had also not been properlycalled or regularly held. At the end of May 2004,LPLALC had non-payments amounting to$464,561.33 owed to NSWALC with noindication of how and when such repaymentswould occur.

Deficiencies in the implementation of a HousingPlan and non-collection of rents hindered thelong-term viability of the LALC. TheAdministrator is currently providing theappropriate management and commercial skills toLPLALC to implement a comprehensiveCommunity Business Plan.

Moree Local Aboriginal Land Council

Mr Paul Gidley was appointed as Administratorto the Moree Local Aboriginal Land Council(MLALC) in February 2005. The rationale forthe appointment was poor organisational,financial and housing management of MLALC.At the time of appointment, the MLALC wasstruggling to operate efficiently with the mainareas of concern being: tenancy records, ratesowing to Moree Plains Shire Council,membership rolls, financial reporting and assetsregister. MLALC had an outstanding debt of$258,346.83 in rates to the Moree Plains ShireCouncil in November 2004. Rent collections arecurrently being improved and problem tenants arebeing referred to the Tenancy Tribunal.


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Ngunnawal Local Aboriginal Land Council

Mr Peter Hillig was appointed as Administratorto Ngunnawal Local Aboriginal Land Council dueto a failure to furnish satisfactory auditedfinancial statements and other documentsrequired under the Aboriginal Land Rights Act(1983). Substantial breaches arising mainly fromthe misconduct of the NLALC’s Chairperson andother officers, failure to provide NSWALC withan annual report for the year ended 30 June2003, and failure to provide NSWALC with itsbudget for year commencing 1 July 2004 by thedue date were also major contributing factors.Substantial progress has been made in thefinancial reporting and governance of NLALC;although it was necessary to extend theAdministrator’s appointment as NLALC still hasunpaid creditors in the vicinity of $200,000 and isin legal proceedings against MyMurra Pty. Ltd.

Purfleet/Taree Local Aboriginal LandCouncil

Mr Terry Lawler was appointed as Administratordue to an unsatisfactory audit for the financialyear ended 2002/2003, general lack of internalcontrols and financial statements. The PurfleetTaree LALC received qualified audits over anumber of years. The Purfleet Taree LALCcontinually failed to meet its requirements underthe Aboriginal Land Rights Act (1983) to keepproper accounts and records. Substantialprogress has been made in the financial reportingand governance of PTLALC underadministration.

Thungutti Local Aboriginal Land Council

Mr Andrew Hoholt was appointed asAdministrator due to numerous recurrentbreaches of the LALC’s legislative requirementsunder the ALRA. The Administrator has beenprogressively improving the functioning ofTLALC and implementing proper governanceprocedures but it has been necessary to extendthe Administrator’s appointment as TLALC isstill involved in legal proceedings in conjunctionwith several Joint Venture Agreements.

Worimi Local Aboriginal Land Council

Mr Peter Hillig was appointed as Administratordue to Council failing to furnish satisfactoryaudited financial statements in 2003/2004. Itbecame necessary to extend the Administrator’sappointment as WLALC still had outstandingliabilities. The Administrator is currently providingthe appropriate management and commercialskills to WLALC to implement a comprehensiveCommunity Business Plan.

Internal Audit

The Internal Audit Section undertook thefollowing work in the period:

· Report on NSWALC Motor Vehicle paymentexpenditure and Running Sheets 16 Nov 2004

· Report on the NSWALC Non-payrollexpenditure and cash Accounts 16 Nov 2004

· Report on NSWALC Complaint Filing andRecord keeping 31 March 2005

· Review of Accounts processes within BranchOffices


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Achievements

Subject Number Attended

ALRA Review Taskforce Related Meetings 31

Senior Management Team Meetings 15

Network Services Unit Meetings re individual LALC’s 9

Information Management Board Meetings 4

NSWALC Business Planning Workshops 3

IT Steering Committee Meetings 3

Training & Development Committee Meetings 2

Total 67

18 x resolutions approving 269 funeral grants fornon-members totalling $267,225.74

6 x extraordinary funeralgrants totalling $20,800

12 x sporting grants totalling $26,545

13 x miscellaneous grants totalling $147,000

$461,570.74


Secretariat

The 2004/2005 financial year has been a busy one for the Secretariat with regular meetings being heldby the Administrator. The Secretariat also assisted in meetings of the ALRA Review Taskforce.

The NSW Aboriginal Land Council Administrator, Mr Murray Chapman held 25 Administrator’smeetings during this reporting period.

A total of 144 resolutions were passed at those meetings.

The Secretariat also attended each of the NSWALC Community Forums held on the Review of theNSW Aboriginal Land Rights Act 1983 in Regional Centres around the state in late 2004 and in 2005.

Other meetings serviced by the Secretariat included:


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Finance & Administration Division

The activities of the Finance & AdministrationDivision during 2004/05 included the followingmajor achievements:

Restructure

As foreshadowed in last year’s Annual Report, amajor restructure of operations took place during2004/05. This restructure included anAdministrative restructure in the Parramattaoffice, the creation of new management Units(such as Commercial Services, CorporateGovernance and Strategic Policy & PlanningUnits) and the transformation of eleven Branchesinto a simplified four Zone structure.

As outlined earlier the Administrative restructureincluded the integration of the Finance, HumanResources, Administration, IT and CommercialServices Units which now report to the newlyestablished position of Chief Finance Officer.

This restructure will now enable NSWALC toconsiderably improve support and assistance toLocal and Regional Aboriginal Land Councils.

Throughout this restructuring process, the HumanResources Unit worked closely with theOperating Units to manage the affected Branchstaff, as well as assisting with the recruitment,selection and induction of new staff to theParramatta and regional Zone Offices.

Statutory Investment Fund

The Statutory Investment Fund has performedextremely strongly in 2004/05.

The value of the Fund has grown from $532.4million as at 30 June 2004 to $583.8 million as at30 June 2005, an increase of $51.4 million.

This increase in the value of the Fund equates toa return of 14.5% prior to draw-downs of $26.1million to fund operational expenditure.

As part of its responsibility for the stewardship ofthe Statutory Investment Fund, NSWALCengaged an external funds management specialistto review the current arrangements and toprovide advice on the ongoing investmentstrategy, structure and management of the Fund.

This review will be completed during 2005/06.

Management of cash funds in-house

The cash portion of the Statutory InvestmentFund was transferred from Chifley during 2004/05 and is now being invested in Bank Bills andother Cash investments directly with Westpac.

Business Planning

As part of its ongoing planning processes,NSWALC carried out a review of its five yearBusiness Plan. It was last reviewed in 2002.

The five core Business Objectives established bythe previous elected Council were refined and acomprehensive set of strategies and actionsestablished to ensure the delivery of the BusinessObjectives.

The agreed strategies and actions were alsocascaded down to form the basis of performanceobjectives for all staff members, to ensure that allday to day activities are aligned with NSWALC’sBusiness Objectives.

Improvements in Financial Management

Given the volume of issues that have been raisedby the Auditor-General over a number of years,significant focus was placed on strengtheninginternal controls and improving the efficiency andeffectiveness of internal processes andprocedures.

Significant improvements were made to the


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timeliness and efficiency of the invoice paymentprocess and a review of the Purchasing andAccounts Payable functions will lead to furtherstreamlining of these processes in 2005/06.

PBI Tax Status

Following discussions over a number of years,the Australian Tax Office formally endorsedNSWALC’s status as a Public BenevolentInstitution.

Support in establishing Zone structure

With the establishment of the new Zonestructure, the Finance Unit assisted the NetworkServices Unit in providing considerable trainingand support in establishing and implementingprocesses and procedures to enable the Zones totake full responsibility for the financial andoperational management of their respectiveregional areas.

Supplier Arrangements

We have continued to review supplierarrangements and, where appropriate, test themarket via an open tender process to ensure thatthe best possible value for money is achieved.

Further cost savings were achieved on a numberof contracted goods and services, the outsourcingof the motor vehicle fleet management wasfinalised and NSWALC entered into anagreement with Message Stick, an Indigenousorganisation, to provide telecommunicationsservices for fixed lines.

IT Strategy

With the assistance of an external advisor,NSWALC developed an IT Strategy whichincorporates six strategic priorities.

An Information Management Committee wasalso established to oversee IT strategy, prioritiesand projects.

Replacement of IT desktop infrastructure

In tandem with the establishment of the fourZone offices, all of the existing out-dated ITdesktop infrastructure was upgraded.

This roll-out of a modern desktop environmentwas well overdue and provides all staff with thetools to be more effective and efficient in theirday to day activity.

Industrial relations

Despite the inherent uncertainty whichaccompanies any major organisationalrestructure, NSWALC continued to experience aperiod of industrial harmony with the PublicService Association & Professional OfficersAssociation.


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Occupational Health & Safety

Strategies

A number of strategies have been identified andinitiated with the purpose of improving theeffective management of Occupational Health &Safety and Workers’ Compensation and reducingworkers compensation premium costs.

The strategies include:

· Improving workers’ compensation claimsmanagement;

· Raising the profile of OH&S and Workers’Compensation across NSWALC;

· Improving OH&S practices through therevision of policy, procedures and programsand the delivery of associated trainingcourses;

· Submitting an appeal against the currentWorkers Compensation industry classification.

To assist with these strategies, NSWALC hasengaged the services of an external provider withthe anticipation that this professional partnershipwill result in significant improvements in both theshort and long term.

Rural Properties

As part of the agreement with Riverina FARMPty Ltd to manage its rural properties, NSWALCagreed to provide support and advice on OH&Sand Workers’ Compensation matters.

In meeting NSWALC’s commitment, the OH&SCoordinator has initiated the following actions:

· Researched and identified critical OH&Sissues and legislative requirements specific torural properties;

· Developed a range of OH&S policies andprocedures for review and implementation.

· In consultation with WorkCover NSW,developed a Risk Assessment Checklist toidentify potential hazards on the properties andensure legislative compliance;

· Identified safety equipment and first aidrequirements;

· Undertook a preliminary inspection of all fourrural properties and delivered Stage 1 of theOH&S Induction Training Course designedfor Farm Safety to all newly appointedManagers, Overseers and Station Hands.

Zone Offices

As part of the above strategies, the OH&SCoordinator has commenced a visitation programof the newly established Zone Offices.

The purpose is to undertake a generic OH&Soffice inspection, implement risk managementprocedures, provide advice to management andstaff on related issues and coordinate theappointment of a Zone Office OH&Srepresentative in accordance with relevantlegislation.


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AchievementsRecruitment

As previously reported, NSWALC recruited thefour Zone Directors in July/August 2004.

Following those appointments, the HumanResources Unit coordinated a number of criticalrecruitment actions including a comprehensivestate wide recruitment campaign for all otherpositions within the four newly created Zones.

This process involved filling the followingpositions:

· Senior Finance Officers (4).

· Finance Officers (3)

· Senior LALC Support Officers (4)

· LALC Support Officers (7)

· Administration Officers (4)

While some positions were able to be filledthrough the redeployment of existing NSWALCstaff, the majority were new employees recruitedfrom outside NSWALC.

NSWALC also finalised or commencedrecruitment action for a number of other positionsduring the reporting period including appointmentsto the positions of Chief Finance Officer andCommercial Analyst.

Performance Management

Human Resources commenced a review ofvarious performance management systems andtools, with the intention of introducing in 2005/06a new comprehensive performance managementsystem, with the performance objectives of allstaff formally aligned with the NSWALCBusiness Objectives.

Payroll

As part of NSWALC’s ongoing focus onimproving operational efficiency, the longstanding but time consuming weekly payrollprocess was replaced with a more efficient,streamlined fortnightly payroll process.

Training & Development

Given the extensive organisational change andthe transition to the Zone structure, theNSWALC training and development focus wasdirected towards a comprehensive Orientation/Induction Program for new Zone staff.

This included participation in a number of highlyintensive workshops and training courses on arange of issues including:

· Funding Agreements;

· Budgets;

· NSWALC Policies & Procedures; and

· Statutory Requirements.

This training then enabled the Zone teams tosubsequently conduct workshops withrepresentatives of RALC’s and LALC’s withintheir own regions.

Representatives from the Australian Tax Officealso attended the Funding AgreementsWorkshops, enabling them to establish arelationship with a number of LALC’s to assistthem with specific matters.

Each of the Zones have also provided “one onone” training as required to meet the needs ofLALC’s in their respective Zones. In addition,the Zones have coordinated Sites OfficerTraining Workshops involving the NSW NationalParks & Wildlife Service and GovernanceTraining conducted through ICAC.



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AchievementsAs part of the roll-out of the updated IT desktopinfrastructure, training sessions were held for allstaff on Outlook 2003, MS Word 2003 and MSExcel 2003. Specific skills training was alsoprovided to relevant staff in both RecordsManagement and Database Support.

NSWALC has also continued to provide ongoingassistance to staff through its extensive trainingand development policies with a number of staffcontinuing or commencing tertiary studies atexternal institutions and/or attending externaltraining courses.

NSWALC’s OH&S Coordinator was alsosuccessful in completing Certificate IV inAssessment and Workplace Training through theNational Safety Council of Australia. This willprovide him with the qualifications to develop anddeliver training courses on a range of OH&Sissues to both staff of the NSWALC and staffemployed on the rural properties.

In the latter part of the year, NSWALCestablished a Training & Development WorkingParty to review current and ongoing training anddevelopment requirements. It is anticipated thatthe outcomes of this Working Party, together withthe implementation of a NSWALC PerformanceManagement System, will be instrumental inidentifying strategies and future directions forboth RALC/LALC’s and NSWALC training anddevelopment requirements.



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How we are funded

A NSWALC Statutory Investment Fund wasestablished under the NSW Aboriginal LandRights Act (1983).

For 15 years, the State paid an amountequivalent to 7.5 per cent of NSW Land Tax(on non-residential land) to NSWALC, ascompensation for land lost by the Aboriginalpeople of NSW. This annual payment ceasedin December 1998.

Since then, the NSW Aboriginal Land Counciland the land council network have been selfsufficient. The network is not, as is widelybelieved, funded by the taxpayers of NSW.

The capital, or compensation accumulatedover the first 15 years of the Council’sexistence stood at $281 million as atDecember 1998 when the land tax paymentsstopped.

Objectives of the Fund

There are two primary objectives for the fund.

To provide sufficient income to meet the basicadministrative expenses of Local AboriginalLand Councils and the administration ofNSWALC.

To ensure sufficient funds are put aside sothat the value of the fund increases withinflation.

Current Management and Value

The Statutory Investment Fund is managed byChifley Financial Services, a companyestablished by Unions NSW (formerly theNSW Labor Council).

The company is now owned by the LocalGovernment Superannuation Scheme, theEnergy Industries Superannuation Schemeand the Labor Council of NSW.

The value of the Statutory Investment Fund,as at 30 June 2005, was $583.8 million.

This is well above the statutory limit of $485million prescribed in the ALRA. It represents

Statutory Investment Fundan increase of $51.7 million in the value ofthe fund over its close in the 2003/2004financial year.

Importantly, this was the result after the drawdown of $26.1 million to fund the operationalexpenditure of NSWALC and the network ofLocal and Regional Aboriginal Land Councils.

NSWALC’s direct funding to the land councilnetwork comprises more than $11million of itsannual operational expenditure.

Indirect funding to the network accounts for aconsiderable amount of the balance.

The Investment Strategy

NSWALC has adopted a conservativeinvestment strategy for the fund.

It has an annual growth target of 5 percentplus CPI.

This strategy was put in place by the StateCouncil and has since been adopted by theNSWALC Administrator, Mr Murray Chapman.

Why Growth Is Important

There is a view often expressed that NSWALCshould loosen the purse strings on theStatutory Fund to bolster the administrativefunds it provides to the land council network.It is also suggested a more aggressiveinvestment strategy be adopted to gain abetter return on its investments.

This ignores two fundamental points.

The fund is to provide compensation forfuture generations. Prudent financialmanagement is essential to maintain growth.

A less risk averse strategy could increasereturns but could clearly increase the risk oflosses.

It is important to understand that whileNSWALC has a great deal of money investedit is not able to spend more than the realisedincome from interest less the allowance forinflation or it will be in breach of the NSWAboriginal Land Rights Act.

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Future Funding

NSWALC agrees with the view that a new formula for the funding of Aboriginal Land Councils isrequired.

A number of alternative funding models are being developed as part of the review into theAboriginal Land Rights Act.

Revenues from ordinary activities $’000Interest and Investment Income 66,505Rent

541Net Increment on Investment Revaluation 14Other Income 5022Gains on Disposal of Property Plant & Equipment 33Revenues from government 72,115Grants and Subsidies 305

Total Revenues 72,420

Expenses from ordinary activitiesAudit Fees 203Investigators Fees 48Adminstrators Fees 238Consultants Fees 738Investment Fees 0Depreciation and Amortisation 703Bad & Doubtful Debts 210Employee Expenses 7241Funding of Regional and Local Aboriginal Land Councils 11,235Grants

925Legal Expenses 1201Loss on Disposal of Property Plant & Equipment 0Motor Vehicle Expenses 293Repairs and Maintenance 752Other Expenses 3330

Total Expenses from ordinary activities 27,117

OPERATING SURPLUS FROM ORDINARY ACTIVITIES 45,303

Non Owner Transaction changes in equityNet Increase in Asset Revaluation Reserve 9267

Total revenues, expenses and valuationadjustments recognised directly in equity 9267

Total changes in equity other than those resultingfrom transactions with owners as owners 54,570

WHERE DOES THE MONEY GO

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Commercial Unit

As noted earlier this Unit was first established inApril 2004 by NSWALC CEO, Mr WilliamJohnstone, to provide high level in-houseexpertise in property development andmanagement, residential real estate management,financial, commercial and strategic management,business planning and accounting. It is the firsttime such a unit has been established withinNSWALC.

It is a recognition of the emerging value of theland estate now held by Local Aboriginal LandCouncils and NSWALC, the emergingcommercial interest in it, and the need forsustainable development and management of thatland base.

The Unit had extensive involvement in the overall“commercialisation” of NSWALC’s operations inits first full year of activity.

A key task was the implementation of landdealings policies. This included working with anincreasing number of LALC’s to seek to achievebeneficial outcomes from their land base.

Another crucial task was the preparation of aGuide to Preparing a Community Business Planfor LALC’s.

The unit also assumed management of NSWALCproperties, including its rural property portfolio.

The Unit completed a comprehensive review ofall properties and worked on developing short,medium and long term management strategies foreach property, again, a first for NSWALC.

The unit also assisted Zone offices and theNetwork Services Unit with a range of issuesincluding reviews of budgets and annual reports,auditor matters, IFRS technical matters and landdealings

The unit also contributed technical advice on landdealings to the Ministerial Taskforce reviewingthe ALRA.

It also established and maintained a range of newdatabases including Aboriginal Land councilproperty and the status of land dealingapplications

The unit also dealt with a range of variousaccounting and audit issues. This includedassistance in resolving a number of longoutstanding issues with the Auditor-General.

The Unit also provided assistance and advice inrelation to the the NSWALC StatutoryInvestment Fund, and in resolving the tworemaining receiverships arising from theNSWALC mortgage scheme

Land Dealings

The Commercial Unit provides advice to theAdministrator and the Chief Executive Officer onapplications received from Local Aboriginal LandCouncils under ss.38, 40B and 40D of theAboriginal Land Rights Act 1983 for approval todeal in land.

When a land council wishes to sell, transfer,mortgage, lease “or otherwise dispose” of land, itmust fulfil certain requirements under the Act.

One of those requirements is to gain the approvalof NSWALC.

As a result, NSWALC receives a constantstream of land dealing applications , includingacquisitions, disposals, leases for a period ofthree years or greater, the granting of easementsand other transactions that result in a change ofuse to the land.

During 2004-05, the Commercial Unit wasinvolved in 115 proposed or completed landdealings.


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This included making recommendations to theAdministrator on 47 parcels of land valued atover $35 million and advising LALC’s on thefurther information required on 44 partiallycomplete applications valued at over $23 million

The further information relates to confirmation ofcompliance with the statutory requirements of theAct and information required by NSWALC policyto be provided to the Administrator to allow aninformed decision to be made.

The Commercial Unit also provided advice toAboriginal Land Councils contemplating dealingin land.

Assistance was being provided for 23 proposedland dealings as this reporting ended.

This assistance ranged from advice on complyingwith the Act and NSWALC’s land dealingpolicies to providing advice on the appropriateprocesses to follow to enter into major jointdevelopment projects with external builders anddevelopers.

The table below summarises the status of theCommercial Unit’s involvement in land dealingsas at 30 June 2005.


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Community Business Plans

The Commercial Unit has prepared a Guide forLocal Aboriginal Land Councils on PreparingCommunity Business Plans.

This Guide provides a solid planning frameworkfor Aboriginal Land Councils, in line withNSWALC’s focus over 2004-05 in achieving highstandards of governance and financial andoperational management across the AboriginalLand Council Network.

A Community Business Plan provides anAboriginal Land Council with the opportunity toobtain consensus from the members on the needsand aims of that Council and the strategies bywhich they can be achieved.

They can ensure that community needs, wantsand aspirations are determined and supported bydetailed plans which are locally developed.

A key facet of the Guide is the inclusion of a fiveyear budget in the Plan to ensure idenitifiedstrategies are achievable and financially viable.

The Guide includes advice on how to prepare thePlan, information on grants and other funds thatmay be available to assist Aboriginal LandCouncil’s implement the strategies identified andtwo example Plans.

The Guide has also been included on NSWALC’swebsite where the various components can bedownloaded thus providing a further resource.

NSWALC has been conscious in developing theGuide that the majority of Local Aboriginal LandCouncils do not have the capacity and resourcesto independently develop and implement CBP’sand do not have the resources to call uponappropriate external assistance.

NSWALC secured a grant of $300,000 from theNSW Department of Aboriginal Affairs duringthe reporting period to assist in the roll out of thisproject to LALC’s.

It was also seeking matching dollar for dollarfunds from the Commonwealth Government asthis reporting period ended.

This funding provided much needed financialsupport to NSWALC, ensuring it could allocatedirect funding to enable LALC’s to directlyengage additional expertise to assist in thedevelopment of CBP’s.

A roll out plan was being developed with part ofthe funds earmarked for source informationcommon to all LALC’s, such as demographicinformation, the holding of workshops, withspecific funds to be supplied to support individualLALC’s in the preparation of CBP’s.

During 2005-06, the Zone Offices andCommercial Unit will be supporting thoseAboriginal Land Councils wishing to prepare aCommunity Business Plan.

Above: Promotion of the CommunityBusiness Plans as appeared in theNational Indigenous Times.


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NSWALC Head Office

NSWALC approached a number of propertymanagers during the reporting period to tenderout the management of its head office at 33Argyle Street, Parramatta.

The building is a major NSWALC asset.

It was purchased in December 1992 at a cost of$9.75 million and was recently revalued at $15million.

The tender for a new property manager wasfinalised in August 2004 and the company FinchFreeman was appointed to manage the building.The company began a three year contract on 1September 2004.

A considerable amount of office space within thenine-floor building was let during the reportingperiod.

A major tenancy lease was negotiated for onefloor of the building by the Aboriginal HousingOffice.

This is the first time NSWALC has let any of itscommercial space to another Aboriginalorganisation.

The term of the lease is five years with an optionto renew for a further five years.

Long term leases were also negotiated with SavillHicks and Australian Communication Exchange.Current leases are also in place with Adecco andDalem Communications.

Those leases have secured an income stream notpreviously available to the organisation.

During the reporting period the ninth floor of thebuilding was also prepared for commercialleasing.

Rural Properties.

In October 1990, as a result of amendments tothe Aboriginal Land Rights Act 1983 (“ALRA”),the New South Wales Aboriginal Land Council(“NSWALC”) assumed ownership andoperational responsibility for certain ruralproperties which had been owned by variousRegional Aboriginal Land Councils.

These properties are located in marginal farmingcountry and for many years incurred substantialoperating losses as a result of inexperiencedfarming expertise, climatic conditions, inadequatecapital investment and general mismanagement.

In 2002, NSWALC appointed independentagribusiness management experts, RiverinaFARM Pty Limited, to provide advice andassistance.

This role was expanded during this reportingperiod. Riverina FARM was contracted toassume full operational management control ofNSWALC’s rural properties.

All previous Rural Properties employees ofNSWALC, both permanent and casual, ceasedemployment on Friday, 3 December 2004.

Above: NSWALC Administrator Murray Chapmanand NSWALC CEO William Johnstone inspectBarooga Karrai - near Euabolong West (west ofCondobolin).


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Current Operations

In the six months since Riverina FARM assumedprime day to day operational responsibility thefocus has been on ensuring all properties aremanaged to complement each other rather thanas individual units.

New workers have also been engaged toimprove competency, integrity and flexibilitythrough selection, training and activemanagement.

A program of improving infrastructure hascommenced, including fencing, outbuildings,windmills, dams, and yards.

There has also been rationalisation andreplacement of vehicles and machinery.

There has also been considerable work onfarming techniques, including paddockpreparation, cropping programme, and a stockprogramme devoted to building up core breedingcattle numbers and maintenance through adroving programs.

A number of OH and S programs have also beenimplemented.

A strategy on future management will continue tofocus on managing all properties on acomplementary basis to maximise efficiencies

and returns through effective utilisation ofmanagement skills, employees, machinery andequipment and the different environmentalfeatures of each property.

A cropping programme will ensure theappropriate grains and strains for the area/conditions.combined with new direct drillcropping techniques.

Particular attention is being paid to watermanagement and improvements in infrastructurethrough new yards, bore capping and reticulationand risk management through an appropriatebalance of stock and cropping.

A long-term strategic stocking programme,including breeding, is being put in place to ensurethe maintenance of a core breeding herd torestock after drought.

Appin Station is currently on “care andmaintenance” due to extensive Capexrequirements but it is planned to have the stationreturn to profitability as positive cashflow fromother properties allows.

While significant, Capex is required to bring allproperties up to established best practice, minimalCapex is being incurred (principally for essentialworks after years of neglect e.g fences, yards,windmills, accommodation, vehicles) until theproperties become cash positive.

Diversification into other income producingschemes is also being considered with initial workon a carbon sequestration programme, onBarooga-Karrai.

Regular monthly management meetings are heldbetween NSWALC and Riverina FARM todiscuss strategy.

The control of all employment, accounting,reporting and cash management by RiverinaFARM is improving timeliness of decisions andefficiencies across the board.

Appin Station Menindee 31,704 ha

Barooga-Karrai Euabalong 9,890 ha

Calooma/Nulty Springs Bourke 35,609 ha

Kaituna-Uno Coonamble 5,184 ha

Riverina FARM, under the terms of theManagement Agreement, advertised the positonsand employed support staff for the properties.

The rural properties managed by Riverina FARMare:


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Strategic Planning & Policy Unit

The SPPU supports the Chief Executive Officerin the pursuit of NSWALC’s business objectivesthrough research, advocacy and negotiation.

Since the abolition of the Aboriginal and TorresStrait Islander Commission there has beenconsiderable doubt cast about the level ofnational and state commitment in NSW topromoting the rights, interests and aspirations ofAboriginal people.

The abolition of ATSIC has left a significant voidin the democratic structure for the expression ofthe views of Aboriginal people to government.There are serious doubts about the capacity ofgovernments to provide culturally relevantservices to Aboriginal people.

Government agencies are currently regrouping inan attempt to accommodate these changes andreconfigure their services. Considerablediscussion has occurred about the developmentof new representative structures.

Despite the challenges under which NSWALChas operated during the course of 2004/2005,opportunities are emerging for NSWALC toredefine its policy relationships, research andrefine its policy agenda, and position itself toprogress its aspiration to lead governmenttowards better outcomes for Aboriginal people.

In its dealings with the mainstream agencies andgovernment committees the SPPU takes everyopportunity to remind government representativesand members of the consequences ofcolonisation, the loss of land and naturalresources and the outcomes of the social policiesof the not so distant past.

On the basis of Aboriginal peoples’ first nationstatus, the SPPU advocates the principles ofrespect for Aboriginal culture and heritage, justcompensation for loss, and obtaining a fair andresponsive deal from government to overcomedisadvantage and promote better outcomes forAboriginal people.

Aboriginal Culture and Heritage

In accordance with its responsibility to promote,protect and preserve Aboriginal culture andheritage NSWALC challenged the NSWGovernment to bring forward amendments to theNational Parks and Wildlife Act, passed by theNSW Parliament in 2001. The amendments wereintended to increase the likelihood of successfulprosecution of people who are found to haveillegally destroyed Aboriginal cultural heritage.

NSWALC considers that the proclamation of theamendments would grant an important heritageprotection power to the Department ofEnvironment and Conservation and convey animportant message to the Aboriginal communityabout the value placed upon its cultural heritage.

Land Rights and Land Management

There are currently well over 1100 unresolvedland claims, some of which have been on footsince the early 1980’s.

Despite prior commitments this does notrepresent a fair and responsive deal fromgovernment, irrespective of the extent and valueof land granted in the past. The SPPU has usedits membership of the NSW “whole ofgovernment approach”, coordinated by theDepartment of Aboriginal Affairs, to drawattention to the issue of unresolved land claimsand to seek support for clearing the backlog.

Despite the extent and value of land reportedabove, the benefits that could flow to families andcommunities are locked up within communalownership and the red tape that characterises theland planning and management framework inNSW.

The Chief Executive Officer has commissionedresearch examining the reforms necessary forrealising the developmental potential of Aboriginalland.


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AchievementsIt is reported that there are serious impedimentsimposed by the current land planning framework,which affect the use of Aboriginal land.

The consulting group the Property Lab werecommissioned to report on the options availablefor reforming the present planning system toenable Aboriginal communities to make betteruse of the land they own.

Its report will be available for comment in 2005/06.

Natural Resource Management

The Policy and Planning Unit briefs the ChiefExecutive Officer for his participation in theNatural Resources Advisory Council (NRAC).

Established by the Hon Craig Knowles MP andchaired by Ms Linda Burney MP, NRAC bringstogether a number of key stakeholders in thenatural resource management arena.

The Policy and Planning Unit developed aposition paper for NSWALC, based on theAboriginal Land Rights Act, which provided thebasis for advocating the claim of Aboriginalpeople to a share of the natural resources andtheir benefits on claimable Crown land and theright to participate in natural resourcemanagement and the right to participate in naturalresource decisions affecting their localcommunities.

It is expected that this position will beincorporated into the future policy framework fornatural resource management that will bedeveloped by NRAC. In turn this will influencethe development of statewide standards andtargets being developed by the NaturalResources Commission

Community Capacity Building in NaturalResource Management

NSWALC joined with the Department ofAboriginal Affairs and other governmentagencies in developing a proposal funded by theEnvironmental Trust.

The project has been developed to build capacityin Aboriginal communities for participating innatural resource management and decisionmaking. The SPPU is a member of the steeringcommittee for the project.

Aboriginal Fishing

At the invitation of the Minister for PrimaryIndustries NSWALC proposed amendments tothe objects of the Fisheries Management Act toacknowledge Aboriginal cultural fishing and therecognition of traditional and contemporary rightsto an equitable share of the fisheries resource.Discussions were still underway as this reportingperiod ended.

It is anticipated that success on the incorporationof the amendments will occur during theforthcoming year.

NSW Game Council

The SPPU represents NSWALC at the NSWGame Council. The Game Council is an advisorybody to the Minister for Primary Industriesestablished under the Game and Feral AnimalsControl Act. The NSW Game Council wishes toestablish links with the Aboriginal community inorder to promote safe conservation hunting.

It is also keen to establish links with LocalAboriginal Land Councils to explore theprospects for the employment of Aboriginalpeople in hunting related activities.



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AchievementsImproving Outcomes for Aboriginal People

NSWALC has supported the Department ofAboriginal Affairs in its coordination of NSW’s“whole of government approach” to improvingsocial and economic outcomes for Aboriginalpeople.

The whole of government approach involves themainstream government agencies and focuses oneducation, health, housing, social justice, familiesand young people, culture and heritage andeconomic development.

It provides a major forum in which NSWALCcan play a leadership role, influencinggovernment policy in line with the statutoryfunctions contained within the Aboriginal LandRights Act.

NSWALC has contributed advice to theDepartment of Aboriginal Affairs on ways inwhich the whole of government approach can bestrengthened.

Reforms to the process will occur in 2005/06 andNSWALC will continue to use the opportunitiespresented by the whole of government approachto press for culturally appropriate services anddevelopment opportunities for Aboriginal people.



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DirectorNetwork Services

Snr Compliance &Evalutation Officer

Snr TrainingOfficer

IT SupportOfficer

ProjectOfficer

Compliance &Evalutation Officer

TrainingOfficer

IT SupportOfficer

Land RightsOfficer

Land ClaimsOfficer

Full Time

Temporary

Vacant

Snr LandRights Officer

Network Services Unit

The Unit played a major role in the establishmentof the four Zone Offices in the first six months ofthe reporting period.

It was responsible for the induction programdelivered to the four Zone Directors and staffand worked consistently with the new Directorsin the development of new systems andprocedures for implementation at the ZoneOffices.

The closure of Branch Offices and devolution ofthe functions of the Land Council Support Unitwas completed in December of 2004 allowing thefull responsibility of these functions to be with theZone Offices.

The Network Services Unit continued thefunction of supporting the Zone Offices to ensurethere was effective and efficient service deliveryto the ALC network during the transitionalperiod.

Above: Director of NSWALC’sNetwork Services Malcolm Davis.


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Policy Review

The Network Services Unit was instrumental inthe review of the NSWALC policy on “Local andRegional Aboriginal Land Councils Funding andFinancial Obligations”. The policy provides theframework for the Funding Agreements andAssistance Agreements that are to beimplemented in the 2005-2006 financial year.

The Network Services Unit supported the ZoneOffices in the delivery of workshops to LALCson the Policy, in particular the Agreements. Thisenabled a smooth transition to the implementationof the Agreements with the LALCs to allow forthe release of funds to LALCs in July of 2005-2006.

Corporate Data Base

In recently developing the IT Strategic plan, itwas recognised that the information and databasetechnology infrastructure and systems of theNSWALC did not effectively underpin its missionand objectives. In particular, the use ofMicrosoft Access for corporate databases waslacking in connectivity, scalability, robustness andreliability.

The IT Strategic plan highlighted the need tomigrate key corporate database systems to amore suitable environment, namely MicrosoftSQL Server. However, simply migrating theindividual databases to a new platform would nothave in itself delivered the full benefits needed tounderpin NSWALC’s objectives.

To achieve this, NSWALC considered anIntegrated Information Management System – anumbrella “warehouse” approach to streamlineinteraction between Head Office and ZoneOffices. This in turn would enable Zone Officesto service the LALC’s more effectively. It alsoenabled NSWALC as a whole to interact moreefficiently with external agencies and better reactto the demands of Government.

The Corporate Database Project (CPD) wasinitiated with the aim of identifying the needs andto draw together the requirements for anIntegrated Information Management System.The first step in this process was undertaken toreview the key data flows and informationmanagement requirements with Zone Directorsand Senior Business Managers. The reviewhighlighted a number of important issues thatneed to be considered by NSWALC.

The Network Services Unit engaged the servicesof Opticon Australia to project manage the CDPalong with an external developer to progress thedevelopment and migration of key data to themore suitable data base environment SQL.

During this reporting period the project wassuccessful in developing a system that allows forthe storage of data on ALC’s breaches andfunding status. The data base will allow for easeof reporting on the status of all ALCs. Thisdevelopment ensures direct availability ofinformation to all Senior Managers and the ZoneOffices. Further development and enhancementsto the CDP are planned for the 2005-2006 period.

Zone Staff Induction

All Zone Directors undertook duties atParramatta from August through to the end ofNovember 2004. Activities undertaken included:

· Review of draft policy and procedures inrelation to funding (including policy aroundfunding categorisation and FundingAgreements);

· Participation in discussions and activity inrelation to the review of the Aboriginal LandRights Act;

· Recruitment activities for all positions withinall Zones;

· Participation in the Information Technologystrategy development and implementationprocesses;

· Participation in Senior Management Teammeetings and actions arising;


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· A variety of actions in relation to establishingthe physical location of the various Zoneoffices;

· Organisation and participation in CommunityInformation and Awareness meetingsthroughout the state in relation to theNSWALC Restructure and the firstcommunity consultations in relation to theALRA Review;

· Organised and participated in Zone StaffOrientation Workshop held in Queanbeyan.

All Zones commenced operations on or around 1December 2004.

The Zone Directors commenced recruitment ofstaff during October and November.

The Network Services Unit provided inductiontraining during November to all Zone Staff on thefollowing functions and reporting requirements;

· Process for Information Exchange

Data Input Form

Data Entry

· Document Tracking Database

· LALC Status Database

· Policy Fact Sheets

· Budget Delivery

· Category Assessment

· Funding Agreements

· Periodical Financial Reports

· Profiles of Zones.


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Achievements

REVIEW OF OPERATIONS


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Northern Zone

Operational Planning:

The first task undertaken by the Northern Zonewas to develop an interim operation plan to guideits activities.

This plan included some key actions involvingfinancial management, LALC support and casemanagement planning and establishing reportingmechanisms.

Financial Management:

All zones are now the central point for allfinancial dealings with LALC’s. This involvesmanaging all grant funding to LALC’s, makingessential payments on behalf of unfundedLALC’s, and all debt recovery activities.

The Northern Zone established a series ofdatabase spreadsheets that tracked grant fundreleases/essential payments made, debt recoveryactions and zone running cost expenditure.

These databases provided the zone with a clearview of all financial dealings with LALC’s andadministrative expenditure compared to budget.These databases are now being used by allzones.

ALC Support Activities:

LALC Support staff undertook field visitations toall LALC’s in the Zone during the course of thereporting period.

The focus on LALC visitations was to buildrelationships and to develop case managementplans that identified issues, the development ofstrategies to address such issues and to enablemonitoring of achievements.

The Northern Zone plans to formalise such casemanagement plans during the course of thecoming financial year.

Some key statistics in relation to activitiesundertaken to support the operations of LALC’sin the zone include:

· In excess of 145 field visits made to LALC’s;

· In excess of 40 ALC visitations to the zoneoffice;

· In excess of 2600 telephone contacts withLALC’s;

· In excess of 1100 emails sent from the Zoneto LALC’s;

· In excess of 880 emails received fromLALC’s at the Zone.

Extensive support has also been provided toLALC’s in the Zone who are considering dealingin their land assets.

There are a number of LALC’s within the Zonewho own considerable coastal land holdings.These LALC’s have come under considerablepressure from developers to either sell or jointlydevelop the land assets.

In a bid to support these LALC’s with advice andguidance, particularly in relation to NSWALCpolicy requirements and the requirements of theALRA, two zone visits of the NSWALCCommercial Unit have been undertaken.

These visits have entailed meeting with thoseLALC’s who are considering and/or negotiatingland deals to provide advice and assistancewherever possible.

54 Annual report 2004-2005 Review of Operations


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ALRA Review Activities:

The Northern Zone has delivered a number ofcommunity consultations in relation to the currentReview of the ALRA.

The first meeting was a general consultativemeeting held in October 2004 in Coffs Harbourand the second meeting occurred at Armidalewith members of the Northern Zone LALCAlliance.

Both of these meetings were well attended withgood feedback provided to NSWALC from theforum delegates.

Further meetings are planned within the Zoneduring the 2005/2006 year.

The assistance provided by the Northern Zoneand Commercial Unit has been of great benefit tothose LALC’s considering land dealings or thosecurrently involved in negotiations withdevelopers.

Compliance Issues

There has been a considerable improvement byLALC’s in the Zone in complying with therequirements of the ALRA since the Zone hasbeen established.

As at 30 June 2005 the LALC’s in the zone wereassessed as falling into the following fundingcategories:

These statistics represents a significantimprovement during the second half of the 2004/2005 financial year on the starting base for theZone.

F1 12 LALC’s and 1 RALC

F2 7 LALC’s

F3 11 LALC’s and 2 RALC’s

UF1 1 LALC and 1 RALC

UF2 1 LALC

Administrator 6 LALC’s

annual report 2004-2005 55Review of Operations


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Review of OperationsSouthern Zone

The Southern Zone Office commencedoperations on 9 October 2004 when, inconjunction with the Batemans Bay Branchoffice and staff of the State Office fromParramatta the new office hosted a two daycommunity forum in Narooma.

The forum explained the transitionalarrangements from the old Branch Officestructure to the Zones to Local and RegionalAboriginal Land Councils.

The forum also introduced amended fundingarrangements, a Land Dealings Policy andreinforced the compliance requirements of theALRA that would be emphasised as the key tosupport from the Zone office.

Subsequent forums were held for otherAboriginal Land Councils from the Zone atGriffiths and Dubbo.

The transition from Branch Offices to the Zonewas completed on 1 November 2005 when theBranches at Batemans Bay, Moama and WaggaWagga were closed.

By mid November all Zone staff had beenrecruited.

The key issues in the operation of the Zoneduring the ensuing period have been:

· Governance, with a heavy emphasis on howLand Council Office bearers and staff engageboth their own members (in the context ofmeetings) and the wider community. ZoneStaff have been active in assisting with theconduct of meetings, holding of elections, staffrecruitment and support of propermanagement;

· Compliance, particularly the meeting ofstatutory obligations for an Annual Meeting,Annual Financial reports, addressing reportedmanagement problems, periodic (quarterly andsix monthly) reports and Budgets;

· Evaluation of reports submitted with aparticular emphasis on whether audited annualreports reflected that Land Councils wereoperating within their functional responsibilitiesand how they were managed;

· Simplification of the budget format andprocesses to enable Land Councils to moreeasily meet the statutory deadline forsubmission and be able to demonstrate thatthey were comprehensive and inclusive of allproposed activities;

· The introduction, simultaneous to budgeting, ofa funding application process;

· Use of the submitted budgets and applicationsto support a grant funding approvals processwith the consequent introduction of FundingAgreements between NSWALC and allfunded land Councils;

· Close monitoring and regular interaction withthose Land Councils experiencingmanagement difficulties;

· Support of those Councils contemplating Landdealings, by working closely with andinforming NSWALC’s Commercial servicesunit, to protect Local Aboriginal LandCouncil’s Land resources and ensure an open,transparent and viable process is undertaken.

The Southern Zone office has played a leadingrole in improving the Budget developmentprocess.

This was achieved by simplifying the spreadsheetformat to make it both more relevant to therequirements of s.185 of the ALRA and bysimplifying the accompanying explanatory tablesand notes.

The work undertaken was subsequently endorsedby the other Zones offices and adopted as thebrief for development of the final format.

By the end of February 2004 the Zone office hadrun workshops for all of our Land Councils, manyof whom substantially completed their budgets,for the 2005-6 financial year at the time.



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Review of OperationsConsequently all but two Land Councils had notonly submitted their budgets and accompanyingFunding Applications by the due statutory date of22 April 2005, but all funded Land Councils hadfunding approved.

This enabled funding offers to be made prior tothe commencement of the coming financial yearand on the basis of funding agreementssubsequently being endorsed by their members.

Most Land Council Budgets for the prior yearwere unable to be approved by NSWALC untilJanuary 2005, some six months after thecommencement of the year to which theyrelated.

Governance and Compliance

The eight months of Zone operations has seen asignificant improvement in the status of LandCouncils within the Zone.

There were two Land Councils under themanagement of an external Administrator whenthe Zone commenced.

By the end of the calendar year this had beenreduced to only one.

In that instance the Zone negotiated theappointment of a more qualified Coordinator totake over at the end of the administration.

This Local Aboriginal Land Council is nowoffering accounting services to other LALC’s.

Intensive assistance to at least three otherCouncils averted the need for the appointment ofAdministrators.

Similarly, assistance provided to unfunded LandCouncils resulted in six of those previously notable to receive funding achieving F3 funding(monthly releases). The most significantimprovement, however, saw an additional eightLocal Aboriginal Land Councils move up to F1status (releases six months in advance).

In effect this meant 41% of the Councils in theZone have achieved the highest performancecategory.

The following graphs contains a comparison ofthe number of Councils in each category and theoverall status of the Zone at our commencementand at 30 June 2005.

Total Number of Aboriginal Land Councils inSouthern Zone by Funding Category.

Number of Local Aboriginal Land Councils byFunding Category.



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Communication

The Southern Zone Office conducted eight Land Council forums in the reporting period.

They have covered a range of issues including:

· Transitional arrangements and establishment of changed protocols for Local and Regional LandCouncils;

· Governance and Compliance requirements;

· The review of the Aboriginal Land Rights Act;

· Preparation and submission of Budgets and Funding Applications;

· The introduction of Funding Agreements;

· Upgraded NSWALC Policies on Funding Arrangements and Conditions, Land Dealings and a trialintroduction of Funding Agreements.

All of the LALC’s in the zone participated in these forums.

Number of Regional Aboriginal Land Councils byFunding Category.

Percentage of Local Aboriginal Land Councils byFunding Category.

Percentage of all Aboriginal Land Councils inSouthern Zone by Funding Category.

Percentage of Regional Aboriginal Land Councils byFunding Category.



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Review of OperationsWestern Zone

The Western Zone office had been in operation for seven months when this reporting period ended.

Its main activities involved the closing of three branch offices at Dubbo, Menindee and Coonamble,the establishment of the Zone office in Dubbo, and the full implementation of NSWALC policies andprocedures.

Profile

Three Regional Land Council boundaries make up the Western Zone.

These are Central Region, North West Region and Western Region.

The Western Zone covers an area of almost half the state of NSW, neighbours the states of Victoria,Queensland and South Australia and contains a diverse range of Local Aboriginal Land Councils.

There are 40 LALC’s in the Western Zone.

There are10 LALC’s and one RALC in the Central region, 17 LALC’s and one RALC in the NorthWest region and 10 LALC’s and one RALC in the Western region.

Area covered in the Western region.



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Challenges for Western Zone

The former branch offices within the WesternZone had three vastly different modes ofoperation.

A key challenge was to combine these threeoperational approaches, methods and delivery ofservices into one while maintaining a commitmentto a high level of service delivery standards,including to LALC’s in a number of remotelocations.

Training, Education and Development

The Zone office conducted nine training andinformation workshops for LALC’s during thereporting period.

Workshops were conducted in Dubbo, LightningRidge and Broken Hill on the NSWALCadministrative restructure, an introduction to theNSWALC Policy on Local and RegionalAboriginal Land Council Funding and FinancialObligations, and the review of the ALRA 1983.

More intensive two-day workshops on the LALCFunding and Financial Obligations policy wereheld in Lightning Ridge, Cobar and Coonamble.



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Review of OperationsThey focused on budget development andNSWALC grant funding applications.

Workshops on Funding Agreements were held inWarren, Broken Hill and Lightning Ridge.

These were targteted at LALC’s in a fundedcategory.

Zone staff have supplemented the training,education and development workshops withLALC site visits and frequent communication.

Case management plans have been developedfor all functional LALC’s.

These case plans profile each LALC and outlinethe issues which need to be addressed and howbest NSWALC can work with LALC’s to do so.

The Zone has implemented strategies andprocedures to ensure all LALC’s in the WesternZone are serviced on a regular basis.

Financial

Compliance has been the major Zone focus forthe reporting period in relation to efficient andprudent financial management. This has beenachieved through a systematic multi targetedapproach.

This has involved training and development,individual site assessments, dissemination ofpolicies and procedures and timely responses toissues highlighted in financial reporting tools suchas audits, management letters and quarterlyreports.

A significant achievement in financialmanagement has been the successfulnegotiations with Moree Plains Shire Council(MPSC) in relation to rateable propertiesbelonging to Moree Local Aboriginal Land andMungindi Local Aboriginal Land Council.

These negotiations resulted in significant savingsfor the LALC’s.

The Zone Office also assisted Menindee LALCin defending a claim for injury sustained onLALC land. The courts had ruled in favour of theclaimant and awarded costs and damages.

Menindee LALC had public liability cover butthis has been cancelled owing to the collapse ofHIH Insurance but Zone Staff were able tolocate documentation which resulted in thegovernment appointed insurance agentprocessing HIH claims to accept liability. Thisgenerated savings of approximately $100,000 forthe LALC.

The management and maintenance of residentialproperty continues to be a drain on LALC’s.Zone staff have actively encouraged LALC’s toreassess their financial position in relation tosocial housing and to ensure rent levels are set toensure full cost recovery and can cover repairsand maintenance.

Eleven LALC’s have outsourced residentialproperty management to Murdi Paarki RegionalHousing Pty Ltd.

Networking

The Zone is developing an extensive network ofkey stakeholders as well as attending appropriatemeetings and consultations. A good workingrelationship has been established with relevantState and Federal Government departments andAboriginal community organisations. Furtherstrategic networking will be undertaken byWestern Zone staff during the first half of 2005-2006 reporting period.



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Review of OperationsEastern Zone

Profile

The Eastern Zone is the smallest of the fourzones offices in geographical area.

It is responsible, however, for providing servicesto the largest and most complex ALC’s in theland council network.

These include the Metropolitan, Darkinjung,Mindaribba, Awabakal and Nowra LALC’s.

The Eastern Zone office is located atParramatta.

There are 14 LALC’s and three RALC’s in theZone.

There were 11 fully funded LALC’s at the end ofthe financial year, with three in unfundedcategories due to breaches of the ALRA.

Only one RALC (Sydney Newcastle) was fullyfunded.

The Zone Office is currently working with theunfunded LALC’s to address outstandingbreaches and return them to a funded category.

Four LALC’s are under Administration.

They are:

· Worimi LALC

· Koompahtoo LALC

· La Perouse LALC

· Jerrinja LALC

Operations

The Eastern Zone office formally beganoperations when staff participated in NSWALC’sstatewide consultation process on theadministrative restructure of the organisation andthe review of the ALRA at communityconsultations within the Zone.

Since that time the Eastern Zone has workedtirelessly with LALC’s to bring about compliancewith the ALRA.

This is being achieved through regular visits toLALC’s by Zone staff assisting with thedevelopment of internal office systems through toassisting LALC’s to prepare budgets andreporting systems generally.

Workshops

The following workshops have been initiated orfacilitated by the Eastern Zone office:

· Aboriginal Sites Course (in conjunction withNPWS);

· Budget Preparation Workshop;

· Funding Agreement Workshop;

· ICAC Information Workshop (in conjunctionwith ICAC).



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Review of OperationsAchievements in Land Rights

The passage of the Aboriginal Land Rights Act(NSW) 1983 by the Wran Government marked awatershed in recent Aboriginal history. Quotingfrom the Preamble, we see the essential intent ofthe Act:

“Whereas:

(a) Land in the state of New South Wales wasowned and occupied by Aborigines;

(b) Land is of spiritual, social, cultural andeconomic importance to Aborigines;

(c) It is fitting to acknowledge the importancewhich land has for Aborigines and the needfor Aborigines of land;

(d) It is accepted that as a result of pastgovernment decisions the amount of landset aside for Aborigines has beenprogressively reduced withoutcompensation.”

Defining the Aboriginal Land Rights Act

The right to claim land under the Aboriginal LandRights Act (NSW) is based on the mostfundamental rights of the Aboriginal community -the right to ownership of their own land inAustralia, from which they were dispossessed bywhite settlement. Aboriginal people have beenable to make land claims since thecommencement of the Act in 1983. Landcouncils lodge land claims over NSW Crownland, which are then determined by the relevantMinister or on appeal through the NSW legalsystem.

Under the Act, claimable Crown land is definedas:

(a) Land able to be lawfully sold or leased, orreserved or dedicated for any purposeunder the Crown Lands Consolidation Act1913 or the Western Lands Act 1901;

(b) Land that is not lawfully used or occupied;

c) Lands which are not, in the opinion of theMinister administering the Crown LandsAct, needed or likely to be needed asresidential lands;

(d) Lands which are not needed or likely to beneeded for an essential public purpose;

(e) Lands that are not subject of an applicationfor a determination of Native Title or subjectof an approved determination of NativeTitle.

If land satisfies the above tests, it is granted tothe claimant land council. Land councils have aright of appeal against the Minister’s decision if aclaim is refused. The appeal is heard by theNSW Land and Environment Court.

The Function and Purpose of Land Claims

The making of a claim and the granting of land isnow the sole remaining form of compensation fordispossession of land available under the Act.This follows the sunset of a provision of the Actwhich for 15 years made available to NSWALCan amount equivalent to 7.5% of commercial landtax collected in NSW, of which half has beeninvested on behalf of the Aboriginal peoples ofthis state to help secure our economic, social andcultural future.

Functions and Responsibilities of NSWALCunder the Land Rights Act

The statutory responsibilities carried out byNSWALC under the Act in relation to LandRights are:

(a) Land Claims;

(b) Disposal , leasing, purchasing and changingthe use of LALC land pursuant to S40D,s40B, Reg 24 & S40B of the ALRA,respectively;



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Review of Operations(c) NSWALC Policy relating to property

matters within the ALRA regardingLALC’s, RALC’s and NSWALC;

(d) Management & disposal of NSWALCproperties including transfers to LALC’sand investment properties;

(e) Safekeeping of the Common Seal;

(f) Rates policy including exemptions and s44Adebts;

(g) Policy matters relating to interaction withFederal, State, and Local Government;

(h) Interaction between Land Rights and NativeTitle issues;

(i) Monitoring & advising the Council onlegislative change;

(j) Planning law issues on LALC propertiesand where proposed development affectsAboriginal people;

(k) Protection of Aboriginal Cultural Heritagematters and policy;

(l) Areas of NSW not constituted by LALC’s;

(m) Policy and representation regardingGovernment advisory committees;

(n) Briefing external professionals such asSolicitors and ensuring co-ordination withLALC’s;

(o) Natural resource issues such as mining,hunting & gathering agreements, fishingrights and policy regarding forestry issues;

(p) NSWALC housing policy (including theHousing disposal Project) and involvementwith the Aboriginal Housing Office;

(q) Assistance with negotiations under theAboriginal Ownership of National Parkprovisions of the National Park & WildlifeAct;

(r) Applying for external grants for specificprojects including ILC, Regional Forest

Agreement process, Indigenous protectedareas and Landcare;

(s) Providing advice to LALC’s.

These functions are now carried out by theStrategic Planning & Policy Unit, the LegalServices Unit and the Land Council Support Unit.

Land Claims

Ever since the inception of the Land Rights Act,NSWALC has supported LALC’s in their pursuitof legitimate land rights claims. NSWALC alsoprovides technical support and assistance toLALC’s in their lodging of land claims under theALRA.

Since the sunset of the provision of 7.5% ofcommercial land tax contribution in 1998, thegranting of land claims is the only remaining formof compensation for dispossession of landavailable under the Act.

It is core business for NSWALC.

Over the period 1983 to end of June 2005 therehave been 2155 claims granted out of a total of7442 with more than 3500 refused. This is stillless than 30% with more than 1350 land claimsoutstanding.

Due to increased activity by NSWALC therehave been a total of 336 aboriginal land claimslodged in 2004-2005 compared to 119 in 2003/2004. This represents an increase of 182%.

There are still 45 undetermined land claims thatwere lodged prior to 1990.

Since the enactment of the Aboriginal LandRights Act in 1983 the total area of grantedproperties is 80,115 hectares.

Despite claims to the contrary a considerableamount of claimable land is still available inNSW.



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Review of OperationsAs this reporting period drew to a closeNSWALC management decided to re-emphasiseland claims as the core business of theorganisation.

NSWALC entered into a funding agreement withthe Jumbunna Indigenous House of Learning atthe University of Technology in Sydney to beginan extensive land claims project.

Key objectives included:

· Identifying all claimable land across NSW asdefined by Section 36 of the Aboriginal LandRights Act through examination of the recordsand maps available from the NSWDepartment of Lands;

· To prepare the required documentation tolodge claims on all relevant crown land;

· To make an assessment of whether anyparticular land claims should be lodged in thename of a Local Aboriginal Land Council,lodged by NSWALC on behalf of a particularLALC, or lodged by NSWALC in its ownname;

· Contacting all Local Aboriginal Land Councilswithin NSW to advise them of the strategyand project and to obtain the necessaryconsents, where required.

The project was due to commence on 4 July2005. A major increase was expected in thenumber of land claims lodged across the State inthe second half of the calendar year.

Review of the Aboriginal Land Rights Act

Background

On 26 May 2004 the Deputy Premier andMinister for Aboriginal Affairs, Doctor AndrewRefhauge announced the establishment of ataskforce “responsible for overhauling the NSWAboriginal land council system”.

Dr Refshauge said he was not satisfied that fourprevious reviews, and subsequent amendments,to the Aboriginal Land Rights Act 1983 hadgone “far enough in fixing fundamental financialmanagement and governance problems within theNSW Land Council system”.

He announced the taskforce would include theDirector-General of the Department ofAboriginal Affairs, Ms Jody Broun, the NSWAboriginal Land Council Administrator, MrMurray Chapman and the Registrar of theAboriginal Land Rights Act, Mr Stephen Wright.

The taskforce would report to the Minister onissues including:

· Examining the three tiered-structure of theland council system to see if there is a betterway of delivering outcomes to Aboriginalpeople;

· Clearer separation of powers between theadministrative and elected arms of localcouncils – to avoid nepotism and conflicts ofinterest;

· Attracting more qualified people with relevantmanagerial and financial expertise;

· Improved intervention strategies to avoid thecostly and often ineffective appointment ofadministrators and investigators to local landcouncils – in the past five years administratorshave been appointed to 21 of the State’s 122local land councils;

· An improved framework for managing, sellingand developing land council assets – inparticular the sale and commercialdevelopment of land holdings; and



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Review of Operations· Clarifying the role of elected representatives -

including attracting highly qualified individualsthrough the option of part-time electedpositions.

The Minister acknowledged the Land Councilsystem had delivered enormous benefits toAboriginal people in its 20 years of operation butsaid he wanted it to do better given the “criticalresponsibility” of Land Councils to support localAboriginal communities and are charged withmanaging substantial funds – sometimes multi-million dollar budgets.

The Minister pledged his commitment to a“democratic and representative structure forAboriginal people in NSW”.

Change was critical, however, to ensure landcouncils remained relevant into the future.

NSWALC’s Response

The New South Wales Aboriginal Land Councilhad earlier written to the Minister suggesting itwould be an inopportune time to conduct areview given the absence of an elected arm andthe resources being devoted to a majoradministrative restructure of the NSWALC.

Given the Government’s decision to go aheadwith the review, it was decided NSWALC wouldbe failing the land council network if it did notwelcome the opportunity the review would affordto remedy fundamental flaws in the legislationand to divert sufficient resources to a campaignto seek informed feedback from the network ona range of complex issues flagged for the review.

NSWALC also welcomed the Minister’s publiccommitment to a democratic and representativestructure for Aboriginal people in NSW throughthe land council system.

It noted the commitment would not be lost on themany Aboriginal people in NSW and aroundAustralia currently defending the right of ourpeople to maintain and reform democratically

elected structures rather than see themabolished.

NSWALC employed a senior policy officer fromthe Fred Hollows Foundation, Ms Olga Havnenon a six month contract from July 2004 tomanage NSWALC’s co-ordination of the review.A small team of former elected and appointedAboriginal representatives was also formed toassist with the planning of NSWALC’s responseand community engagement.

Ms Havnen co-ordinated NSWALC’s work withthe Government-appointed Taskforce,commissioned a number of research projects andworked with NSWALC’s Media and MarketingUnit to develop a major public awarenesscampaign on the review (see Media andMarketing) directed at the LALC network andthe wider community.

Particular emphasis was given to the land dealingprovisions of the Act and governance, structureand representation.

Ms Havnen left NSWALC in December 2004 totake up a senior policy position with the NorthernTerritory Government and was replaced by MrGeoff Scott, a former Director-General of theDepartment of Aboriginal Affairs in NSW.

Community Forums

A series of eight two day community forumswere convened to disseminate factualinformation to the land council network on thereview and the restructure of the NSWALCadministrative arm.

Forums were held in Narooma, Tamworth, CoffsHarbour, Dubbo, Hornsby, Griffith, LightningRidge and Broken Hill between 7 October and10 November.

The first round forums, which were assisted by agrant from the Department of Aboriginal Affairs,attracted more than 540 participants.



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Review of OperationsEach forum was provided with information packscontaining a series of fact sheets on the review,together with copies of the Terms of Referenceand Minister Refshauge’s media statementannouncing the review.

Detailed power point presentations were alsodeveloped to stimulate debate.

Postive feedback on the quality and quantity ofinformation was received from all of thecommunity forums, particularly from participantswith a long history in the ALC network.

A number of participants commented that it wasthe first time in 20 years that the organisation hadconducted such an awareness raising exercise.

A second round of community consultations wasunderway as this reporting period ended.

Forums had been held in Albury, Wagga, Dubbo,Lightning Ridge and Campbelltown during June2005 with further meetings scheduled for BrokenHill, Coffs Harbour and Batemans Bay thefollowing month.

NSWALC issued a series of network messagesahead of each of the forums urging theattendance of all office bearers and members ofAboriginal Land Councils, and members of thewider Aboriginal community to ensure maximumcommunity feedback.

Information materials provided to the secondround of forums included a report back documentfrom the first round, entitled: Getting into the Act,a CD of the power point presentation from thefirst round, copies of NSWALC-commissionedresearch papers and an open letter to theAboriginal people of NSW from MinisterRefshauge.

Unlike the first round the power pointpresentation during the follow up meetings soughtto refine and crystallize the major issues andlikely scenarios under an amended ALRA.

The presentation provoked spirited debate,particularly on the possible amalgamation ofLALC’s and RALC’s, governance, structure andrepresentation issues, including membership,financial and human resources issues and abenefits regime.

It was obvious from all of the forums that therewas considerable misinformation circulatingwithin the network about the Review and deepsuspicion, in some quarters, that NSWALC andthe Government had already determined whatamendments would be put to the Parliament earlynext year.

All forum participants were clearly informed thatthis was not the case.

NSWALC was putting all information it hadreceived so far from the government to thenetwork and the wider community.

Research

NSWALC commissioned a number of key papersto underpin its public awareness campaign andresponse to Government with evidence-basedresearch.

The Centre for Aboriginal Economic PolicyResearch at the Australian National University inCanberra was commissioned to provide anoverview of the demographic and socio-economic status of Indigenous people in NewSouth Wales.

Key areas of research included:

· Population trends;

· Health indicators and mortality rates;

· Labour force status;

· Housing;

· Education and level of qualifications;

· Industry and occupation;

· Income.



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Community Forums

In 2004, the New South Wales Aboriginal Land Council(NSWALC) conducted a public awareness campaign tostimulate discussion and debate about the current stategovernment initiated review of the Aboriginal Land Rights Actin NSW.

NSWALC convened a series of community forums across thestate as part of this campaign.


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Focus Groups

The consultancy firm, Kate Sullivan &Associates, was commissioned to conduct sixfocus group discussions on the following topics:

· Membership, representation and structure;

· Land – ownership and asset management

Locations for these focus groups included: MtDruitt, Nowra, Armidale, Grafton, Wagga Waggaand Roundtable members.

A report on outcomes was received in January2005.

Independent research and analysis of theLand Council system

The consultancy firm, SGS Economics andPlanning, was engaged to undertake thisresearch.

Its report provided a detailed and comprehensiveanalysis of the current land rights system and itsachievements.

The report addressed two key aspects of theterms of reference for the review:

· firstly, to evaluate the material and otherbenefits achieved for Aboriginal people sincethe commencement of the Act in 1983;

· secondly, to report on the present resourceand asset base of land councils and makerecommendations for the efficient andeffective use of assets and resources for thebenefit of Aboriginal people of NSW, includingan inquiry and recommendations into animproved framework for managing, selling anddeveloping land council assets. This includedan examination of the housing functions of theLALC.

Its report challenged a number of prevailingassumptions about how the land council systemworks and what benefits have been derived fromit.

The report reached three main conclusions:

1. That the 1983 Act presents a confused setof unrealistic expectations of what limitedland rights can achieve;

2. That the underlying performance of theLALC system is good when measuredagainst its core functions;

3. That the basic NSWALC model remainsrelevant. However a number of issues mustbe addressed, mostly related tounsustainable non-core functions.

Left: The consultancy report from KateSullivan & Associates, which was commissionedto conduct six focus group discussions.



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Review of OperationsOn the basis of these conclusions, the reportmade three recommendations to address theunderlying issues currently faced by the landcouncil system:

1. Rationalisation of the NSWALC system.The report pointed to critical issues ofcapacity in the system to carry out thecomplex tasks of land asset management.The available resources are spread toothinly over 13 RALC’s and 121 LALC’s toachieve the critical mass to sustainappropriate levels of expertise. This was ashortcoming that could be addressed byrationlisation of the system;

2. Clarification of the role of the NSWALCsystem. The report said unreal expectationscould be addressed by focusing and betterdefining the role of the NSWALC system.The role should be contained to the corefunction of land asset management. Therole of representing the interests ofAboriginal people should be retained, but thesocial housing provider function should beexternalised to the system. This could beachieved by transferring housing to specialpurpose Indigenous Corporations whichwould have a commercial relationship withthe relevant LALC as the landlord;

. Clarification of expectations re landownership. The reports said that on thebasis that no Aboriginal land rights system,in Australia or overseas, deliveredconventional “fee simple” ownership toindividuals it was important to clarify exactlywhat was being given. To this end it neededto be made clear that the functions ofALC’s in delivering benefits to individualswas via the role of “benevolent landlord”.This may include:

· Providing land to Aboriginal CommunityHousing Organisations;

· Providing land to Indigenous Corporations tohelp facilitate economic enterprise;

· Providing land to individuals and groups forspecific purposes.

The report concluded that by divesting non corefunctions the NSWALC system couldconcentrate on carrying out its core functions,perhaps the most important of which wasexpediting land claims. There was a substantialamount of work still to be done in this area.

NSWALC issued network messages and placedall of the research reports on a special sub-site ofits website devoted to the ALRA Review.

It also used each of the reports to inform itscontribution to the deliberations of the TaskForce.

NSWALC views were largely reflected in thefirst Issues Paper on Land Dealings which wasprovided to the Minister early in 2005 and wasexpected to be released for public comment asthis reporting period ended.

NSWALC was also working on its input into asecond Issues Paper on Structure, Governance,Representation and Benefits as this reportingperiod ended.

Participants at the second round forums wereinformed that the release of the two IssuesPapers would trigger a formal Governmentconsultation process late in 2005.

Media and Marketing

The major focus of activity for the Media andMarketing unit during the reporting period was amajor public awareness campaign to underpinNSWALC’s response to the review of theAboriginal Land Rights Act (1983) and theNSWALC administrative restructure

The campaign on the review was designed toreinforce the message to the ALC network andthe wider Aboriginal community that the reviewwas an opportunity to improve the current landcouncil structure and system to improveoutcomes for constituents.



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Review of OperationsKey themes included:

1. The review presented an opportunity for thevoice of Aboriginal people to be heard onthe the future of the land rights system inNSW and the principles of selfdetermination and self management whichunderpin it;

2. Land councils needed to be retained andstrengthened;

3. Previous reviews had not addressed thebasic structure of the land rights systemwhich had been in place for 21 years andhad never been properly resourced;

4. Land rights were not a gift – manyIndigenous and other people had fought hardfor them.

The target audiences included Aboriginal peopleand organisations in NSW, Indigenous specificmedia and mainstream media and the broadercommunity.

This involved the production and distribution of arange of information on the review designed tostimulate as much feedback as possible on themain issues.

Materials ranged from fact sheets and networkmessages to a series of full page newspaperadvertisements which were run in consecutiveeditions of the Koori Mail and NationalIndigenous Times to coincide with NSWALCcommunity forums. The combined readership ofthe two newspapers, including the “pass on” rate,is estimated at more that 150,000 people, manyworking in Aboriginal Affairs.

A special sub-site was also created on theNSWALC website devoted to the ALRAReview. It contains a considerable body ofdocuments pertaining to the review, includingNSWALC research papers, and also contains aone-click feedback mechanism for input from thecommunity.

This was heavily promoted as part of the powerpoint presentations at the community forums butwas largely under-utilised by the LALCnetwork.

Media and Marketing sought to maintain regularcontact with Indigenous and non Indigenousmedia focusing on Australian Associated Presswhich feeds all metropolitan, regional and ruralnewspapers, television and radio stations plusspecial interest subscribers.

There was little interest by mainstream media inthe review. The unit maintained a constant flowof “network” messages to LALC’s.

Above: Full page newspaperadvertisements were run to coincide withNSWALC’s community forums.



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Review of OperationsLand Dealings

The unit handled a constant flow of generalinquiries from the mainstream media during theyear, particularly on land dealings.

Its concentration in this area was particularlyevident after the Independent CommissionAgainst Corruption released its long awaitedreport into the Koompahtoo Local AboriginalLand Council (KLALC) at Lake Macquarie.

Mainstream media coverage focused on the factthat ICAC made findings of corrupt conductagainst eight people, and recommendedprosecutions be considered against six of thosepersons.

We ensured NSWALC had a full message to thenetwork on the findings as soon as they werepublicly released and issued a media statement toensure NSWALC’s position could not bemisconstrued in the ensuing public debate.

This was picked up in a number of Indigenousmedia outlets, including front page treatment inthe Koori Mail, which concentrated on ourmessage that the full force of the law ought to bebrought to bear on those people cited by ICACgiven that their conduct reflected on the landcouncil network as a whole.

The statement also made clear that NSWALCwould continue to concentrate on the widerpolicy issues raised during the ICAC investigationand the current review of the Aboriginal LandRights Act in relation to future land dealings byLocal Aboriginal Land Councils.

It noted that a considerable amount of work hadalready been done in this regard by NSWALC,and other parties, in the current review of theALRA.

NSWALC had retained the ICAC ActingCommissioner, Mr John Basten, QC, to providepolicy input in this regard but he had subsequentlybeen appointed to the NSW District Court bench.

We would, however, expect the current review ofthe Act to propose a new and comprehensive

land dealings regime which would provide for,among other things, much more transparency indevelopment proposals and would strengthen theinterim guidelines NSWALC had introduced inthis area.

The message to the network, and to the media,also pointed out that NSWALC had implementeda range of risk management and corruptionprevention policies including establishing an interagency committee on improved corruptionprevention and risk management in NSWALCand the wider land council network.

It also noted that NSWALC initiated the ICACinquiry into Koompahtoo which found NSWALCofficers had acted properly in relation to itsdealings with the LALC.

We urged all members of the land councilnetwork to take a long hard look at the results ofthe investigation.

Intranet

A key initiative during the year was thedevelopment of NSWALC’s first intranet.

This is the first intranet to be developed by theNew South Wales Aboriginal Land Council. Itskey aim is a simple one.

It is designed to offer all staff, irrespective oftheir location within the organisation, easy accessto corporate information in a comprehensive,logical and thorough way. The information isdesigned to be reliable, useful and to enhance theability of all staff to better do their jobs.

An internal online facility which provides thisservice can be an excellent avenue to unify thefar flung operations of an organisation such asNSWALC and increase the ease, frequency andquality of inter-agency communication.

It is designed to deliver real business benefits andsupport NSWALC’s strategic goals.

The site was being designed by the Media andMarketing Unit in consultation with the



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Review of OperationsCanberra-based online developers, WebActive,and was expected to be rolled out in the 2005-06financial year.

Promotion

It largely falls to the Media and Marketing Unitto publicly promote the activities, objectives andpolicies of NSWALC to the LALC network, theAboriginal community and the wider public.

The sponsorship of Survival Day 2005, the annualRugby League Knockout Carnival and the awardof the Freddy Fricke Scholarships were three ofNSWALC’s most highly visible promotionalevents for the year.

A number of small grants were also provided to arange of sporting and community groups to assistthem in their activities.

Many promoted NSWALC’s sponsorshipcontribution during those activities and events.

The Unit also produced a number of informationpacks and small promotional items for distributionat the NSWALC ALRA community forums.

In recent years a major promotion focus hadbeen through the publication of a quarterlymagazine, Penn Wurru.

Production of the magazine lapsed with theclosure of the branch in 2003 but was scheduledto be revitalised in electronic form onNSWALC’s Intranet as a staff magazine.

Internet

The NSWALC website continues to provepopular with government departments, educators,students and the general public since its launch inJune 2003. The website contains valuable sourcematerial on the role, objectives and organisationalstructure.

The currency of this source material suffereddue to the effective closure of the Media andMarketing section. The revitalised unit hadplanned for a major refresh of the website in the04-05 financial year.

This was deferred to give precedence to theconstruction of an intranet and was now plannedto proceed in the 2005-06 financial year.

Network Messages

The Unit continued to seek to engage the landcouncil network through a series of regularinternal network messages from the ChiefExecutive Officer and the Administrator,particularly in conveying timely and accurateinformation on the progress of, and issues raised,in the ALRA Review.

The Unit received positive feedback on thisapproach.

The Unit also sought to counter a negativeperception of the organisation within certainelements of the mainstream media compounded,in most cases, by ignorance of the fundamentaloperation of the land rights system in NSW andconfusion with other land rights models aroundAustralia.

In this respect, the Administrator and the ChiefExecutive Officer lodged a complaint with theAustralian Press Council in response to anarticle in The Australian newspaper which, inNSWALC’s view, was sloppy, under-researchedand unfairly damaged the reputation of theorganisation and a number of its senior officers.The complaint was expected to be resolved in the2006 calendar year.



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Review of OperationsFunds Granted to Community Organisations

There are two major categories of funds, the first and by far the largest category is the annualallocation of funds to Regional and Local Aboriginal Land Councils, totalling some $11,235,651 in 2004/2005 ($0.217m to RALC’s and $11.018m to LALC’s).

These allocations are used primarily as a contribution toward the annual operational expenses of theCouncils, and also for Council approved capital acquisitions.

The second category is other grants to community organisations and individuals in several categories,totalling some $924,563 in 2004/2005 (compared with $0.812.5m in 2003/2004). Aggregated details ofgrants less than $5000 are provided below, as well as a listing of individual grants of $5000 or moreand a brief description of the purpose of each of these grants.

MINOR GRANTS (< & = $5000)

Category Number Amount

Discretionary * 57 108,722

Funeral 311 483,340

Total 368 592,062

Explanatory Notes: * = Written proposals submitted to Council seeking specificamounts for one-off grants.

MAJOR GRANTS ( $5000 AND ABOVE) 2004/2005

Payee Purpose Amount $

Australian Rugby League Ltd Indigenous Under 16 10,000

Vibe Australia Sponsorship 2005 Deadlys 30,000

Wanaruah LALC Grants to anthropological studyof the Bora ground 10,000

University of Wollongong Research AboriginalLand & Biodiversity conservation 10,000

National Aboriginal Sports Corp - Australia Sponsorship 10,000

Aboriginal Medical Centre Co-Op Donation Diabetes Clinic 8,000

Trust for Young Australians Contribution-NationalCollaboration Project 60,000

Jumbunna Indigenous House of Learning Land Claim Research 194,500

Total of Major Grants 332,500

SUMMARY TOTAL OF ALL GRANTS (Major & Minor) 2004/2005

Category Number Amount $

Discretionary 65 441,222

Funeral 311 483,340

Total 376 924,563



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Review of OperationsLegal Matters and Changes

NSWALC had a large number of legal matterson hand as this reporting period ended.

Many relate to long running commercial cases.

NSWALC did, however, settle a long-running andcorrosive legal dispute with a former ChiefExecutive Officer, Mr Jeffrey Bradford.

No actual amendments were enacted tolegislation governing NSWALC during thereporting period.

However, the Aboriginal Land RightsAmendment (Gandangara Estate) Act 2004 waspassed by State Parliament and assented to on 28September 2004.

NSWALC sought the one-off legislation after itwas discovered Gandangara LALC had sold 20of the 41 lots in a subdivision at Barden Ridgewithout first obtaining the requisite approvalsunder s40B and s40D of the ALRA. NSWALChad been alerted to the matter by the Land TitlesOffice.

NSWALC received advice from Senior Counselthat it could not retrospectively approve thetransactions. The most appropriate course ofaction was to introduce an amending Act ofParliament.

The organisation was instrumental in the draftingof the legislation and its subsequent passagethrough the Parliament.

Economic Factors

World stock markets continued to recover during2004/05, delivering a sustained improvement inthe base value of the NSWALC Statutory Fund.

Increased commercial returns from NSWALC’sHead Office building also assisted in increasingthe organisation’s earnings.

NSWALC also reduced expenditure, wherepossible, and, like many other organisations witha diversified portfolio, managed to trim costs andrein in spending in order to keep tradingsuccessfully.

Management and Activities

The 2004/2005 reporting year saw the mostsignificant administrative changes to NSWALC inits 20 year history, with a range of initiatives putin place by the incoming CEO in partnership withthe Administrator, Mr Murray Chapman,following the dismissal of the State Council.

Foremost among these has been the revampingof the senior management ranks at both HeadOffice and Regional levels and the adoption of anew corporate structure which focuses onintensive assistance to our key clients, the LocalAboriginal Land Councils.

The organisation has also progressively adoptedmore rigorous accounting standards, consistentwith our aim to have an unqualified Audit Reportand at the same time to rein in certain areas ofunproductive spending and to manage costsassociated with the ALRA Review and LALCadministrations.

Consolidation of staff within Head Officeallowed more space to be freed up forcommercial rental. It also brought greaterefficiencies and a closer level of supervision tothe entire administration by having functionalareas located logically and managers locatedcloser to their staff.



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Review of OperationsResearch & Development

The SPPU has assumed the principal researchand development role in both a policy and politicalsense.

A small team of skilled staff serviced an array ofcommittees, developed draft policy positions forCouncil/Administrator endorsement, andidentified emerging issues.

NSWALC will seek to further develop thisapproach in future years in an attempt to stay atthe forefront of emerging issues such as landmanagement and development and naturalresources.

Industrial Relations developments

There have been no significant developmentsduring the reporting period. All staff have beenconsulted regarding the potential impact of therestructure and rounds of voluntary redundancieshave accommodated all who wish to leave.

There were no hearings before the IndutrialRelations Commission involving NSWALC duringthe course of this reporting period.



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Name of Consultant(Projects $30,000 & above) Title of Project Amount Paid $

Our Place Bathurst Business Planning 40,067

Pat Pearson Secondment - Federal Government 141,747

Michael Page International Appointment ofSenior Executives 71,124

Web Active Corporation IT internet, rollout ofdesktops and services 36,914

Plowpress Pty Ltd Advice & Services of ManagerGovernance Unit 72,804

Riverina Farms Pty Ltd Rural Property Management 234,417

Total amounts paid $30,000 & above 597,074

Consultants < $30,000 Number of Consultants Total Paid $

13 140,646

Total All Consultants Number of Consultants Total Paid $

19 737,720

List of Consultants

During 2004/2005, NSWALC engaged consultants on a total of projects at a total value of $737,720.The major areas of work in general terms were organisation restructure, financial and commercialadvice, ALRA review, Annual Report preparation and Farm Management. The following breakdownis supplied in accordance with the requirements of the Annual Reports (Statutory Bodies) Act 1984, asamended.



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Year 99/00 00/01 02/03 03/04 04/05

Councillors

Male 12 12 12 0 0

Female 1 1 1 0 0

Total Council 13 13 13 0 0

Executive & Senior Management

Male 13 15 14 12 11

Female 5 7 7 5 4

Total Senior Management 18 22 21 17 15

Aboriginal 15 17 13 9 4

Administrative Staff

Male 31 33 20 22 27

Female 47 42 36 33 28

Total Administrative 78 75 56 55 55


All Staff Plus Councillors

Male 56 60 46 34 38

Female 53 50 44 38 32

Total Staff 109 110 90 72 70


NESB 4 4 4 4 3

Disability 5 4 3 1 2

Please note that previous editions of the NSWALC Annual Report (to 2002) have includedCouncillors within the staff count. The figures for each of the years above have been amendedto separately reflect both Councillors and NSWALC staff.

Note that the 13 NSWALC Councillors were sacked by Minister Refshauge in November 2003.

EEO

NSWALC continued to seek to promote the participation of women and Aboriginal people in seniormanagement positions and more generally within the organisation during 2004/2005.



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Review of OperationsLand Disposal

No land valued at more than $5 million wasdisposed of by means other than public auctionduring the reporting period.

Service Standards

The major part of NSWALC’s effort during theprevious reporting period had been directedtoward improving service delivery to its majorclient group, the network of 121 Local AboriginalLand Councils.

While improved accountability and reportingstandards are now mandated under the amendedALRA, NSWALC has taken the view that itmust be able to provide a high standard ofsupport to LALC’s to help ensure that they cancomply with the requirements of the Act and that,where they are compliant, that there is no unduedelay in processing payments of their operatinggrants, in determining applications for financial orlegal assistance, or in providing suitable trainingto assist new office bearers to meet the demandsof their position.

The progress made by NSWALC during thereporting period, particularly in relation to thenew Zone structure, is detailed at some lengthunder the “Achievements” section above.

Accounts Payment Policy & Practice

During the previous reporting period NSWALCtook a number of further steps to expeditepayments. The most notable of these has beenencouragement of regular service providers toregister for EFT payment of their accounts,making prompt payment more readily achievablefor our most regular suppliers and serviceproviders.

During the reporting year, a systematic approachto the development and implementation ofinternal controls has helped reduce the number ofitems in the Management Letter accompanyingthe Auditor-General’s Audit Report. All pointsraised in Management Letters over severalprevious Audit Reports were considered andaction incorporated into a series of “checklists”to ensure compliance.

Among other things, these checklists help ensureboth timeliness and accuracy of payments tocreditors and avoid duplicated payments whereclients lodge duplicate invoices.



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Review of OperationsRisk Management/Insurance

NSWALC holds the following insurance:

Name of Insurer Type of Policy Sum Insured $ ‘000

Omega Insurance Brokers Umbrella (anything not covered below) 40,000

Industrial Special Risks 25,158

Motor Vehicle Third PartyProperty Damage (46 vehicles) 20,000

Motor Vehicle Own Market value orDamage (46 vehicles) sum insured is

specified

Public Liability 40,000

Personal Accident 500

Machinery Breakdown 100



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Review of OperationsOccupational Health & Safety


WORK RELATED INJURY WORKERS COMPENSATION

and REHABILITATION 2004/2005

WORK RELATED INJURY & ILLNESSNumber reported 9

Nature of Accident, Slips, Trips & Falls 2

Manual Handling 2

Motor vehicle accident 1

Mental health (e.g. depression, anxiety) 2

Ergonomics/Occupational Overuse 2

Total 9

Where Injuries OccurredAt the Workplace 6

On the journey to/from work 2

At work away from the workplace 1

Total 9

Claims status at 30.6.05Claims finalised 7

Claims declined/under investigation 0

Liability accepted & claim continuing 8

Provisional Liability 0

Total 15

Open claims carried forward to 2005/2006 8

Rehabilitation Cases brought forward from 2003/2004 3

New cases this period 2

Total 5

Cases completed 4

Cases continuing & carried forward to 2005/2006 1

Total 5

The number of work related injuries and illnesses reported during this reportingperiod were reduced by 47% on the previous year.

Workers Compensation claims were reduced by 37%.


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Financial Statements


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NEW SOUTH WALES ABORIGINAL LAND COUNCILNEW SOUTH WALES ABORIGINAL LAND COUNCILNEW SOUTH WALES ABORIGINAL LAND COUNCILNEW SOUTH WALES ABORIGINAL LAND COUNCILNEW SOUTH WALES ABORIGINAL LAND COUNCIL

STATEMENT of FINANCIAL POSITION

As at 30 June 2005

2005 2004Note $’000 $’000

CURRENT ASSETSCash 2 6,205 1,689

Inventories 3 636 540

Receivables 4 6,565 3,699

Other Financial Assets 5 9,937 36,902

Total Current Assets 23,343 42,830

NON-CURRENT ASSETSProperty, Plant and Equipment 6 28,883 28,405

Artefacts 7 228 239

Other Financial Assets 5 554,530 484,162

Receivables 4 3,191 1,605

Total Non-Current Assets 586,832 514,411

TOTAL ASSETS 610,175 557,241

CURRENT LIABILITIESPayables 8 2,598 4,258

Employee Benefits 10 452 367

Total Current Liabilities 3,050 4,625

NON CURRENT LIABILITIESEmployee Benefits 10 330 391

Total Non-Current Liabilities 330 391

TOTAL LIABILITIES 3,380 5,016

NET ASSETS 606,795 552,225

EQUITYReserves 9 37,327 28,060

Accumulated Funds 9 569,468 524,165

Total Equity 606,795 552,225

The above Statement of Financial Position should be read inconjunction with the accompanying notes.


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STATEMENT of FINANCIAL PERFORMANCE

For the year ended 30 June 2005

2005 2004Note $’000 $’000

Revenues from ordinary activitiesInterest and Investment Income 13 66,505 28,404

Rent 15 541 159

Net Increment on Investment Revaluation 14 14 6,439

Other Income 16 5,022 1,561

Gains on Disposal of Property Plant & Equipment 17 33 0

72,115 36,563Revenues from governmentGrants and Subsidies 18 305 113

Total Revenues 72,420 36,676

Expenses from ordinary activitiesAudit Fees 19 203 195

Investigators’ Fees 48 644

Adminstrator’s Fees 238 158

Consultants’ Fees 738 608

Investment Fees 20 0 284

Depreciation and Amortisation 6 703 1,073

Bad & Doubtful Debts 210 1

Employee Expenses 21 7,241 6,000

Funding of Regional and Local Aboriginal Land Councils 22 11,235 11,948

Grants 925 813

Legal Expenses 1,201 604

Loss on Disposal of Property Plant & Equipment 17 0 34

Motor Vehicle Expenses 293 340

Repairs and Maintenance 752 370

Other Expenses 23 3,330 2,666

Total Expenses from ordinary activities 27,117 25,738OPERATING SURPLUS FROM ORDINARY ACTIVITIES 45,303 10,938

Non Owner Transaction changes in equityNet Increase in Asset Revaluation Reserve 9 9,267 22,258

Total revenues, expenses and valuation adjustmentsrecognised directly in equity 9,267 22,258Total changes in equity other than those resultingfrom transactions with owners as owners 54,570 33,196

The above Statement of Financial Performance shouldbe read in conjunction with the accompanying notes.


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STATEMENT OF CASH FLOWS

For the year ended 30 June 2005

2005 2004Note $’000 $’000

Cash flows from operating activitiesInterest and Investment Income 64,355 35,571

Rent and Outgoings 541 159

Other receipts in course of operations 3,836 4,517

Cash flows from government 305 113

Payments in course of operations (30,144) (26,344)

Net cash provided by operating activities 24 38,893 14,016

Cash flows from investing activitiesPurchase of Other Financial Assets (72,324) (23,861)

Purchases of Property, Plant and Equipment (429) (683)

Proceed from Disposals of Other Financial Assets 38,212 10,055

Sale Proceeds Property, Plant and Equipment 164 574

Net cash used in investing activities (34,377) (13,915)Net increase in cash held 4,516 101

Cash at the beginning of the year 1,689 1,588

Cash at end of year 24 6,205 1,689

The above Statement of Cash Flows should be read in conjunction with the accompanying notes.


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Notes to and Forming Part of the Financial Statements

for the year ended 30 June 2005

1.1.1.1.1. ST ST ST ST STAAAAATEMENT OF SIGNIFICANT TEMENT OF SIGNIFICANT TEMENT OF SIGNIFICANT TEMENT OF SIGNIFICANT TEMENT OF SIGNIFICANT AAAAACCOUNTING POLICIESCCOUNTING POLICIESCCOUNTING POLICIESCCOUNTING POLICIESCCOUNTING POLICIES

BASIS OF ACCOUNTINGThe Council’s Financial Statements are a general purpose financial report and have been prepared inaccordance with applicable Australian Accounting Standards and other authoritative pronouncements ofthe Australian Accounting Standards Board, Urgent Issues Group Consensus Views and the Public Financeand Audit Act 1983, the Regulations and Treasurer’s Directions and the New South Wales Aboriginal LandRights Act 1983.

The Statement of Financial Performance and the Statement of Financial Position are prepared on anaccruals basis. The Statement of Cash Flows is prepared on a cash basis using the “direct method”.

Except for certain investments and property, plant and equipment which are recorded at valuation, theFinancial Statements are prepared in accordance with the historical cost convention. The accountingpolicies adopted are consistent with those of the previous period.

All amounts are rounded to the nearest one thousand dollars and are expressed in Australian currency.

(a) Revenue RecognitionRevenue is recognised to the extent that it is probable that the economic benefits will flow to theentity and the revenue can be reliably measured. The following specific recognition criteria mustalso be met before revenue is recognised:

(i) Income on Other Financial AssetsControl of a right to receive consideration for the provision of, or investment in, assets hasbeen attained.

(ii) RentControl of the right to be compensated for the services has been attained.

(iii) Disposal of Non-Current AssetsControl of the goods has passed to the buyer.

(iv) Grants and SubsidiesGrants and subsidies from other bodies are recognised as revenue when the entity obtainscontrol over the assets comprising the grant or subsidy. Control is normally obtained uponthe receipt of cash.

(b) Financial InstrumentsFinancial Instruments give rise to positions that are financial assets or liabilities (or equityinstruments) of the Council. These include cash at bank, debtors, other financial assets andpayables.

Classes of instruments are recorded at cost and are carried at net fair value.


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(i) Cash at bankCash comprises cash on hand and bank balances including 11 AM at call accounts. Interest isearned on daily balances on current accounts at the Commonwealth Bank of Australia atagreed rates depending on the balance of the account. Interest is earned on 11 AMaccounts at agreed rates at the Commonwealth Bank of Australia.

(ii) ReceivablesAll receivables are recognised as amounts receivable at balance date. Collectability ofdebtors is reviewed on an ongoing basis. Debts which are known to be uncollectable arewritten off. A provision for doubtful debts is raised when some doubt as to collection exists.The credit risk is the carrying amount (net of any provision for doubtful debts). Term loansto Local Aboriginal Land Councils carry interest at an agreed rate, whilst other receivablesearn no interest. Weighted average interest rate applicable was 4.76% (5.72% in 2003/2004).

All amounts due at 30 June 2005 have been reviewed and are considered to be collectable,other than the amounts provided at Note 4.

Receivables include rates paid on behalf of Local Aboriginal Land Councils in accordancewith Section 44A of the New South Wales Aboriginal Land Rights Act 1983 and approved loans.

(iii) Other Financial AssetsCurrent Other Financial Assets comprise of short term commercial paper. Interest is earnedon the Other Financial Assets on the basis specified in Note 5.

Non-Current Other Financial Assets comprise of units in the Chifley Investment Fund. Incomeis earned on these Other Financial Assets on the basis specified in Note 5.

The credit risk of Other Financial Assets is limited to the amount carried in the Statement ofFinancial Position at 30 June 2005.

(iv) Current Other Financial AssetsAll realised gains/losses (interest received) and unrealised gains/losses (revaluation to marketvalue) are recognised in the Statement of Financial Performance.

(v) Non-Current Other Financial AssetsThese Other Financial Assets comprise units acquired in the Chifley Investment Fund, anindividually managed portfolio and a mortgage fund owned by the Council.

All revaluations to market value, including revaluation of unit prices are brought to accountas a revaluation of non current assets in accordance with Australian Accounting StandardAASB 1041 “Accounting for the Revaluation of Non-Current Assets”.

Distributions by unit trusts (net of management fees) received are recognised as income inaccordance with industry practice.

In deriving Other Financial Assets income from the wholly owned fixed interest portfolio,coupon receipts subject to the amortisation of premiums and accretion of discounts, arerecognised as income.

(vi) Payables and AccrualsLiabilities (other than for employee entitlements) are recognised for amounts due to be paidin the future for goods and services received, whether or not invoiced. Amounts owing tosuppliers (which are unsecured) are settled in accordance with the policy set out inTreasurer’s Direction 219.01, which allows the Minister to award interest for late payment.

If trade terms are not specified, payment is made no later than the end of the monthfollowing the month in which an invoice, or statement, is received.


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(c) InventoriesInventories are valued at the lower of cost or net realisable value. Livestock natural increasesincluded in stock on hand are valued using the average cost method.

(d) Property, Plant and EquipmentLand and buildings are revalued within five yearly intervals. Revaluation represents an independentassessment of the fair market value of land and buildings based on existing use. Valuations adoptedin the Financial Statements do not exceed the independent assessment. Revaluation incrementsare credited directly to an Asset Revaluation Reserve.

All properties were valued by the Australian Valuation Office as at 30 June 2004.

Plant and Equipment costing $500 and above individually are capitalised.

Plant and Equipment (Furniture & Fittings, Computer Systems and Computer Equipment) are carriedat cost less accumulated depreciation. The net book value represents fair market value as at thebalance date.

Other Plant and Equipment and Motor Vehicles in relation to Rural Properties were independentlyrevalued by Bowen Agricultural Machinery on 24 March 2004.

(e) Tax ExemptionsThe Council has been approved as a Public Benevolent Institution (PBI) under the Income TaxAssessment Act 1997. Therefore, the Council has an Income Tax Exemption from 1 July 2000.

The Council is also not liable to pay payroll tax under the Payroll Tax Act 1971.

(f) Employee Entitlements

(i) SuperannuationThe liability for accrued benefits represents the value of the present obligation to paybenefits to members and other beneficiaries and is determined as the present value ofexpected future payments which arise from membership of the fund to balance date. Thepresent value is measured by reference to expected future wage and salary levels and byapplication of a market determined, risk adjusted discount and appropriate actuarialassumptions.

(ii) Long Service LeaveThe long service leave liability has been provided for all employees who have five or morecontinuous years of service and has been calculated at the expected settlement rates. It isconsidered that this measurement technique produces results not materially differentfrom the estimate determined by using the present value basis of measurement.

(iii) Sick LeaveNo liability is recognised in the financial statements for non-vesting sick leave as the Councildoes not consider it probable that sick leave taken in the future will be greater than theentitlements accrued in the future.

(iv) Wages, Salaries and Annual LeaveLiabilities for Wages and Salaries are recognised and measured as the amount unpaid at thereporting date at the current pay rates in respect of employee services up to that date.Annual leave liabilities, expected to be settled within 12 months of the reporting date, arecalculated at the expected settlement rates.


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(g) Funeral Fund LiabilityThe Council collected fees from persons of Aboriginal descent with the intention of establishing aFuneral Fund in 1992. Since the Fund has not been approved by the Department of Fair Trading allfees collected have been included under payables.

(h) Mortgages

(i) Provision for Loss on MortgagesNote 5(i) refers to a number of mortgage loans made by the Council as part of its investmentoperations. Where settlement date has passed and the loan is considered to be in default,the Council provides for a loss on these mortgages on the basis of the difference betweenthe mortgage balance owing and the advised likely realisable value obtained at a mortgageesale.

(ii) Interest and CostsOnce a mortgage loan has defaulted, the Council does not continue to accrue interestcharges on the balance outstanding. Similarly, where the margin between recent valuationsof the mortgaged property and the balance outstanding is narrow, or, in deficit, legal andother costs associated with investigating and negotiating settlement of balances owed to theCouncil are not accrued as part of the balance outstanding.

(i) DepreciationDepreciation is provided on a straight line basis so as to write off the depreciable amount of eachasset as it consumed over its anticipated useful life. Assets at valuation are depreciated on astraight line basis over the remaining anticipated life as follows.

Buildings 3.33%

Motor Vehicles 20.00%

Computer Equipment 33.33%

Other Equipment, Furniture & Fittings 20.00%

(j) Compliance with Aboriginal Land Rights Act 1983The Council complies with s150 Preservation of Money in NSW Aboriginal Land Council Account bymaintaining $485,340,000 in an investment account. The previous statutory requirements todisclose Statutory and Administrative funds is no longer required by the Act and not disclosed inthe financial report.

(k) Previous Period Comparative InformationComparative information is reclassified where appropriate to enhance comparability.


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2. CASH

2005 2004$’000 $’000

Cash at Bank and Hand 1,455 1,474

11 AM Call Deposits 4,534 4

Funeral Fund - Cash at Bank 216 211

6,205 1,689

The Funeral Fund collections have been maintained in a separate bank account and as a result of ajudgement of the High Court of Australia are refundable to former members of the fund.

Interest rate at year end on cash at bank ranged from nil up to 5.5% (nil to 5.1% in 2003-2004)

3. INVENTORIES

2005 2004$’000 $’000

Livestock 596 503

Grain and Other Rural Stock 40 37

636 540

4. RECEIVABLES

2005 2004$’000 $’000

CurrentCouncil Members 3 3

Other Debtors 4,740 2,573

Other Debtors - Prepaid Superannuation - (Note 10) 150 115

Prepayments 1 1

Local Aboriginal Land Councils 1,961 1,151

6,855 3,843

Less Provision for Doubtful Debts 290 144

6,565 3,699


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4. RECEIVABLES (Cont’d)

2005 2004$’000 $’000

Non-CurrentLoans and Advances to Local Aboriginal Land Councils 5,941 4,355

Less Provision for Doubtful Debts 2,750 2,750

3,191 1,605

A provision for doubtful debts is raised when doubt as to collection exists. A review of amounts owing byLocal Aboriginal Land Councils in respect of rates debtors is undertaken annually. Those councils thathave not made a significant reduction in their rate debtor balance in recent years have been classified asdoubtful. All other debtors have been reviewed as to whether they are collectable and a provision hasbeen made accordingly.

5. OTHER FINANCIAL ASSETS

2005 2004$’000 $’000

CurrentCommercial Bills / Promissory Notes 9,937 0

Cash - Chifley Investment Fund 0 36,902

9,937 36,902

Non-CurrentUnits in Australian Fixed Income 123,835 115,705

Units in Managed Australian Equities 192,682 152,917

Units in International Equities 61,121 57,009

Units in Australian Listed Property Trusts 45,564 38,871

Units in International Fixed Income 87,149 78,052

Absolute Return Funds 43,286 40,511

Mortgages 1,066 1,270

554,703 484,335

Provision for Loss on Mortgages(Refer Note 5(i) Mortgages) (173) (173)

554,530 484,162

Other Financial Assets are valued at market value.


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5. Other Financial Assets (Cont’d)5. Other Financial Assets (Cont’d)5. Other Financial Assets (Cont’d)5. Other Financial Assets (Cont’d)5. Other Financial Assets (Cont’d)

CurCurCurCurCur rrrrrententententent

(a) Commercial Bills/ Promissory NotesThese are short dated instruments issued by a Corporation, which is responsible for repayment atdue date, having a short term credit rating of A1 or better.

These instruments at balance date were earning an average interest rate of 5.64% (5.35% 2003/2004), whilst over the period the sum of monthly weighted average interest rates was 5.64% (5.12%2003/2004). The Reserve Bank of Australia increased the offical overnight cash rate to 5.50% duringthe year under review (5.25% 2003/2004).

Non-Current

(b) Units Australian Fixed Income CompositeChifley Investment Fund manages Australian Fixed Income on behalf of the Council which earnsincome and produces capital gains or losses, both realised and unrealised, in accordance withmarket conditions.

These instruments over the year under review resulted in a return of 7.165% (3.30% 2003/2004) perannum after taking net capital profits both realised and unrealised into account.

(c) Cash - Chifley Investment FundChifley Investment Fund manages the Cash Trust on behalf of the Council which earns income andproduces capital gains or losses, both realised and unrealised, in accordance with marketconditions.


(d) Units in Managed Australian EquitiesThe Council has units in the Chifley Investment Fund. Equities (shares) earn income (dividends) andproduce capital gains or losses, both realised and unrealised, in accordance with marketconditions.

These Other Financial Assets over the year under review resulted in a return of 26.84% (21.95%2003/2004) per annum after taking net capital profits and losses both realised and unrealised intoaccount.


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(e) Units in International EquitiesThe Council has units in the Chifley Investment Fund International Equities Trust which earn income(dividends) and produce capital gains or losses, both realised and unrealised, in accordance withmarket conditions.

These Other Financial Assets over the year under review resulted in a return of 8.06% (21.27% 2003/2004) per annum after taking net capital profits and losses, both realised and unrealised intoaccount.

(f) Units in Australian Listed Property TrustsThe Council has units in the Chifley Investment Fund which earn income (dividends) and producecapital gains or losses, both realised and unrealised, in accordance with market conditions.

These Other Financial Assets over the year under review resulted in a return of 17.73% (16.87%2003/2004) per annum after taking net capital profits both realised and unrealised into account.

(g) Units in International Fixed IncomeChifley Investment Fund manages International Fixed Interest Securities on behalf of the Councilwhich earn income and produce capital gains or losses, both realised and unrealised, inaccordance with market conditions.


(h) Absolute Return FundsThe Council has units in the Chifley Investment Fund. With the current market situation the returnfor the 12 months under review resulted in a return of 8.27% (11.69% 2003/2004).

(i) MortgagesThe Council lent funds on first mortgage on real property up to a maximum of two-thirds ofindependent market valuation. These mortgages have been introduced mainly by mortgage brokersand to a lesser extent have been advanced to Local Aboriginal Land Councils.

Weighted average return on mortgages advanced at 30 June 2005 was 2.12% (2.8% 2003/2004) perannum, including amounts written off as bad. Where delinquent mortgages have been placed in thehands of solicitors for collection, these mortgages are regarded as non performing loans andinterest is no longer accrued, but all effort is made to collect this interest as well as the principal.

At 30 June 2005, the balance outstanding amounted to $1.1 million ($1.3 million 2003/2004). TheCouncil assessed these mortgages, comparing each balance outstanding to a current valuation ofthe mortgaged property, in order to provide for possible losses.

Of advances totalling $25.6 million made since the inception of the scheme, the Council hasadvanced $11.7 million to eight mortgagors without obtaining independent valuations of theproperties. This action does not comply with Section 18(2) of the Trustee Act 1925 which requiresthe value of the property used as security for the mortgage loan to be subject to a valuation by aregistered valuer instructed and employed by the mortgagee.


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6.6.6.6.6. PR PR PR PR PROPEROPEROPEROPEROPERTYTYTYTYTY,,,,, PLANT & EQ PLANT & EQ PLANT & EQ PLANT & EQ PLANT & EQUIPMENTUIPMENTUIPMENTUIPMENTUIPMENT

Plant and MotorLand Buildings Equipment Vehicles Total

$’000 $’000 $’000 $’000 $’000

Opening Balance at fair value 17,027 9,650 4,278 1,672 32,627

Revaluation change for the year 0 0 (13) 0 (13)

Adjustments 0 0 (92) (103) (195)

Additions 886 60 307 122 1,375

Disposals 0 0 (294) (234) (528)

Closing Balance at Fair Value 17,913 9,710 4,186 1,457 33,266

Accumulated DepreciationOpening Balance 0 0 (3,477) (745) (4,222)

Charge for the Year 0 (356) (137) (210) (703)

Adjustments 0 0 71 75 146

Disposals 0 0 284 112 396

0 (356) (3,259) (768) (4,383)

Written Down Value2005 17,913 9,354 927 689 28,883

2004 17,027 9,650 801 927 28,405

The original cost of fully depreciated assets included in the total of property, plant and equipment is$3.2 million consisting of 151 items of Furniture and Fittings, 354 items of Plant and Equipment, 363items of Computer Equipment and two Buildings ($4.9 million 2003/2004).

In terms of the Aboriginal Land Rights Act 1983, the NSW Aboriginal Land Council is able to lodge landclaims with the Crown Lands Minister. The Minister may grant all or part of the claim.

Where it is the intention of the NSW Aboriginal Land Council to transfer property granted by theMinister to the Local Aboriginal Land Council in which the property is situated, the property isregarded as being held in trust. Since the title and the control of those properties are with theCouncil they are included as part of property plant and equipments from this financial year.


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7.7.7.7.7. ARARARARARTEFTEFTEFTEFTEFAAAAACTSCTSCTSCTSCTS

2005 2004$’000 $’000

Cost 228 239

Book Value at 30 June 228 239

No depreciation is charged, as these assets are considered to maintain their value.

8. PAYABLES

2005 2004$’000 $’000

Sundry Payables and Accruals 2,382 4,047

Funeral Fund - Contributions Refundable 216 211

2,598 4,258

9.9.9.9.9. TTTTTOOOOOTTTTTAL EQAL EQAL EQAL EQAL EQUITYUITYUITYUITYUITY

Accumulated Funds Asset Revaluation Total Equity

2005 2004 2005 2004 2005 2004$’000 $’000 $’000 $’000 $’000 $’000

Opening Balance 524,165 513,227 28,060 5,802 552,225 519,029

Property Disposals 0 0 0 0 0 0

Total 524,165 513,227 28,060 5,802 552,225 519,029

Changes in Equity - other than transactions with owners as owners

Operating Surplus fromOrdinary Activities 45,303 10,938 0 0 45,303 10,938

Increment on Revaluationof Other Financial Assets 0 0 9,280 12,031 9,280 2,031

Increment on Revaluationof Property, Plant & Equip. 0 0 (13) 10,227 (13) 10,227

Total 45,303 10,938 9,267 22,258 54,570 33,196

Closing Balance 569,468 524,165 37,327 28,060 606,795 552,225


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10. EMPLOYEE BENEFITS

2005 2004$’000 $’000

Current Provisions

Provision for Annual Leave 415 324

Provision for Long Service Leave 37 43

452 367

Non-Current Employee Benefits

Provision for Long Service Leave 330 391

330 391

The Superannuation Schemes relating to Council employees are the State Superannuation Scheme (SSS),State Authorities Superannuation Scheme (SASS), and State Authorities Non Contributory Scheme (SANCS).

'The assessed liability for the Council at 30 June 2005 and funds held in the reserve accounts at PillarAdministration (including accrued income) are :

Superannuation (Liability)/ Prepaid 2005 2004SuperannuationContributions SASS ANC SSS Totals TotalsNumber of contributors 1 2 1 4 4

Monetary Value $’000 $’000 $’000 $’000 $’000Assessed Liability (71) (44) (225) (340) (305)

Less Estimated Reserve Account Closing Balance 84 77 329 490 420

Prepaid Contributions at 30 June 2005 13 33 104 150 115

The 2005 assessment of SANCS, SASS and SSS is based on the full requirements of AAS25 “FinancialReporting by Superannuation Plans”. This requires that a market determined risk adjustment discountrate be applied as the valuation interest rate in the calculation of the value of accrued benefits. Thefinancial assumptions that have been applied for the calculations for 2005 and thereafter are:

Year Year Year2005/6 2006/7 2007/8

Rate of Interest per annum 7.00% 7.00% 7.00%

Rate of Salary Increase per annum 4.00% 4.00% 4.00%

Rate of Increase in CPI per annum 2.50% 2.50% 2.50%

Assumptions with regard to the rates of mortality, resignations, retirement and other demographics are asfor the 2003 triennial valuation.

2005 2004$’000 $’000

Aggregate employee benefits and related on-costsProvisions - Current 452 367

Provisions - Non Current 330 391

Accrued Salaries and Wages 28 0

810 758


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11. COMMITMENTS

Commitments in relation to non cancellable operating leases are payable as follows:-

2005 2004$’000 $’000

Not later than one year 451 36

Between one and five years 809 19

Total Operating Lease Commitments (including GST) 1,260 55

The figure include goods and services tax (GST) of $115K as at 30 June 2005 ($5K 2003/2004).

These operating leases are not recognised in the financial statements as liabilities.

12. CONTINGENT ASSETS AND LIABILITIES

The Council is a party to a number of cases currently before the courts. The Council’s solicitors haveadvised if successful the Council has the potential to receive amounts between $2 million to $5 million($2.2 million 2003/2004) and the maximum possible legal claims and costs may amount to $63K as at 30June 2005 ($390K 2003/2004).

As per note 26 the Council is exempt from Fringe Benefit Tax (FBT) from 1 July 2005. It is estimatedthat any potential FBT liability for 2000-2005 would be $240K ($200K 2003/2004). It is not practicable toestimate any potential liability for the years 1993-1999. Since the Council believes that it will obtainexemption for FBT, no liability for FBT has been recognised in the Financial Statements.

13. INTEREST AND OTHER FINANCIAL ASSETS INCOME

2005 2004$’000 $’000

Interest Income 628 678

Investment Income 65,877 27,726

66,505 28,404

14. OTHER FINANCIAL ASSETS AND PROPERTY REVALUATIONS

In accordance with Australian Accounting Standard AASB1041,revaluations of Non-Current Other Financial Assets thatresult in increments are credited to an asset revaluationreserve, except to the extent that the increment reversesa revaluation decrement previously expensed. In thesecircumstances the increment must be recognised as income.

14 6,439


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15. RENT

2005 2004$’000 $’000

Administrative FundRegional Offices 19 16

State Office 0 0

19 16Statutory Investment FundHead Office 793 413

812 429Less Elimination of Inter Fund Transactions 271 270

541 159

16. OTHER INCOME

2005 2004$’000 $’000

Enterprise Gross Income 1,025 911

Investment Managers’ Fees Rebates 446 547

Other 3,551 103

5,022 1,561

17. PROFIT (LOSS) ON DISPOSAL OF PROPERTY, PLANT & EQUIPMENT

2005 2004$’000 $’000

Proceeds from sale 164 574

Written down value of assets disposed (131) (608)

Net profit (loss) on disposal of property, plant and equipment 33 (34)

18. REVENUES FROM GOVERNMENT

2005 2004$’000 $’000

Commonwealth Government Grants & Subsidies 0 14

New South Wales Government Grants & Subsidies 305 99

Total Revenues from Government 305 113


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19. AUDIT FEES

2005 2004$’000 $’000

Fees paid to Audit Office of New South Wales 203 195

203 195The auditors received no other benefit.

20. INVESTMENT FEES

2005 2004$’000 $’000

Investment Managers’ Fees 0 180

Custodian Fees 0 104

0 284

Management fees on unit trusts are included in the value of the trust units and ultimately in thedistribution received from these trusts. Therefore, both unit valuations and distributions are net ofmanagement fees. In accordance with the investment fund contract a number of management feerebates, charged in the previous period, were received in 2004-2005 (refer Note 16).

21. EMPLOYEE EXPENSES

2005 2004$’000 $’000

Salaries & Wages 5,545 4,774

Superannuation 383 372

Annual and Long Service Leave 557 541

Workers Compensation Insurance 756 313

7,241 6,000

22. FUNDING OF REGIONAL AND LOCAL ABORIGINAL LAND COUNCILS

2005 2004$’000 $’000

Regional Aboriginal Land Councils 217 378

Local Aboriginal Land Councils 11,018 11,506

Capital Allocations - Local Aboriginal Land Councils 0 64

11,235 11,948


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23. OTHER EXPENSES

2005 2004$’000 $’000

Staff Training, Development and Recruitment 59 118

Telephone 212 238

Enterprise and Farm Expenses 722 874

Insurance 95 104

Rates 21 70

Rent and Outgoings 509 59

Advertising 48 32

Public Relations and Publicity etc 16 39

Travel Expenses and Allowances 406 275

Postage, Printing and Stationery 145 160

Office and Administration Expenses 160 192

Equipment Hire and Lease 93 31

Meeting Costs 28 5

State Wide Conference 0 1

Workshop and Conference Costs 63 100

NSWALC Focus reconciliation 0 5

Accounting 34 26

World Indigeneous Expenses 0 53

Other Expenses 719 284

3,330 2,666


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24. Note to Statement of Cash Flows

2005 2004$’000 $’000

(a) Cash at Bank and in hand

For the purposes of the Statement of Cash Flows the Council considers the following as cash :-

Cash at bank 1,670 1,684

Cash in hand 1 1

11 AM Deposits with banks 4,534 4

6,205 1,689

(b) Reconciliation of net cash flows from Operating Activities toOperating Surplus from Ordinary Activities

Operating Surplus from Ordinary Activities 45,303 10,938

Depreciation & Amortisation 703 1,073

Net (Increment)/Decrement onOther Financial Assets Revaluation (14) (6,439)

Bad & Doubtful Debts 210 0

Less: Non-Cash Revenue (946) 0

Loss (Profit) on disposal of non Property, Plant & Equipment (33) 34

Other Changes in assets and liabilitiesin respect of ordinary activities

Receivables decrease (increase) (4,598) 8,314

Inventories decrease (increase) (96) (211)

Payables (decrease) increase (1,660) 613

Employee Benefits (decrease) increase 24 (306)

Net cash inflows from ordinary activities 38,893 14,016

(c) Credit standby arrangements and unused loan facilities

The Council had no credit standby arrangements or unused loan facilities.


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25. LIABILITY AS TRUSTEE

The New South Wales Aboriginal Land Council acts as trustee for various Trusts. The assets of the Trustswhich lie behind the rights of indemnity are not directly available to meet any liabilities of the New SouthWales Aboriginal Land Council acting in its own right. The assets of the Trusts were sufficient to dischargeall the liabilities of the Trusts at 30 June 2005.

The positions of the Trusts are:

2005 2004$’000 $’000

CURRENT ASSETSDungutti Elders Council Aboriginal Corporation

Cash at Bank 0 931

Gumbaynggir Tribal Aboriginal Elders Co.

Cash at Bank 40 32

TOTAL TRUST FUNDS HELD 40 963

26. EVENT AFTER THE BALANCE DATE

The Australian Taxation Office has granted a GST Concession and FBT Exemption from 1 July 2005.Therefore the Council is not liable to pay FBT from 1 July 2005.


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26. Impact of Adopting Australian Equivalents to IFRS

The Council will apply the Australian Equivalents to International Financial Reporting Standards (AEIFRS)from 1 July 2005.

The Council established a committee headed by the Chief Finance Officer to oversee the transition. Thefollowing phases of the transition process have been implemented:

(i) Develop strategies for adoption of Standards that will apply to the agency

(ii) Scope and assess the impact of adoption of AEIFRS

(iii) Report to the Board and the Audit Committee on the progress of adoption of the Standards.

(iv) Provide reports on the adoption of the Standards in accordance with the NSW Treasury timetable.

The Council has determined the key areas where changes in accounting policies are likely to impact thefinancial report. Some of these impacts arise because AEIFRS requirements are different from existingAASB requirements (AGAAP). Other impacts are likely to arise from options in AEIFRS. To ensureconsistency at the whole of government level, NSW Treasury has advised agencies of options it is likely tomandate from the NSW Public Sectors. The impacts disclosed below reflect Treasury’s likely mandates(referred to as “indicative mandates”).

Shown below are management’s best estimates as at the date of preparing the 30 June 2005 financialreport of the estimated financial impacts of AEIFRS on the Council’s equity and profit/loss. The Councildoes not anticipate any material impacts on its cash flows. The actual effects of the transition may differfrom the estimated figures below because of pending changes to the AEIFRS, including the UIGInterepretations and/or emerging accepted practice in their interpretation and application. TheCouncil’s accounting policies may also be affected by a proposed standard to harmonise accountingstandards with Government Finance Statistics (GFS). However, the impact is uncertain because it dependson when this standard is finalised and whether it can be adopted in 2005-06.


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Had the 2004-05 financial statements been prepared under AEIFRS, the financial impact on equity andoperating results are analysed below:

Reconciliation of equity under existing Standards (AGAAP) to equity under AEIFRS:

30 June 1 July2005 2004

Notes $000 $000Total equity under the AGAAP 606,795 552,225Adjustments to accumulated fundsWriteback of asset revaluation reserve for investment property (i) 3,530 3,530

Point of sale expenses for biological assets (ii) 0 (46)

Defined benefit superannuation adjustmentfor change in discount rate (iii) (147) (74)

Effect on discounting employee’s entitlements (iv) (190) (131)

3,193 3,279

Adjustments to revaluation reservesWriteback of asset revaluation reserve for investment property (i) (3,530) (3,530)

(3,530) (3,530)Total equity under the AEIFRS 606,458 551,974

Reconciliation of surplus under AGAAP to surplus under AEIFRS

Year ended 30 June 2005 $000Net Surplus under AGAAP 45,303

Point of sale expenses for biological assets 46

Decrease in defined benefit (iii) (73)

Increase in employee benefit expenses (iv) (59)

Net Surplus under AEIFRS 45,217


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(i) AASB 140 Investment Property recognised at fair value will not be depreciated and changes in fair valueswill be recognised in the operating statement rather than the asset revaluation reserve.

(ii) AASB 141 The closing balance of Biological Assets reported under previous AGAAP did not take intoaccount the estimated point-of-sale costs. However, adjustments have been made to deduct the point-of-sale costs.

(iii) AASB 119 Employee Benefits requires defined benefit obligations to be discounted using thegovernment bond rate as at each reporting date rather than long-term expected rate of return on planassets. In 2004-05 this would have decreased the amount of the superannuation asset and changed theamount of employee benefit expenses.

(iv) AASB 119 requires present value measurement for long-term employee benefits. These benefits weremeasured at nominal value under the current AGAAP. The effect of the change in measurement hasincreased the employee expenses.

(b) Financial InstrumentsIn accordance with NSW Treasury’s indicative mandates, the Council will apply the exemption provided inAASB 1 First-time Adoption of Australian Equivalents to International Financial Reporting Standards not toapply the requirements of AASB 132 Financial Instruments: Presentation and Disclosures and AASB 139Financial Instruments: Recognition and Measurement for the financial year ended 30 June 2005. TheseStandards will apply from 1 July 2005. None of the information provided above includes any impacts forfinancial instruments. However, when these Standards are applied, they are likely to impact on retainedearnings (on first adoption) and the amount and volatility or profit/loss. Further, the impact of theseStandards will in part depend on whether the fair value option can or will be mandated consistent withGovernment Finance Statistics.

(c) Grant recognition for not-for profit entitiesThe Council will apply the requirements in AASB 1004 Contributions regarding contributions of assets(including grants) and forgiveness of liabilities. There are no differences in the recognition requirementsbetween the new AASB 1004 and the current AASB 1004. However, the new AASB 1004 may be amended byproposals in Exposure Draft (ED) 125 Financial Reporting by Local Governments. If the ED 125 approach isapplied, revenue and/or expense recognition will not occur until either the Council supplies the relatedgoods and services (where grants are in-substance agreements for the provision of goods and services) oruntil conditions are satisfied. ED 125 may therefore delay revenue recognition compared with AASB 1004,where grants are recognised when controlled. However, at this stage, the timing and dollar impact ofthese amendments is uncertain.

End of Audited Financial Statements


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East South Coast IllawarraEast South Coast JerrinjaEast South Coast NowraEast Sydney Newcastle AwabakalEast Sydney Newcastle BahtabahEast Sydney Newcastle DarkinjungEast Sydney Newcastle KoompahtooEast Sydney Newcastle La PerouseEast Sydney Newcastle MetropolitanEast Sydney Newcastle MindaribbaEast Sydney Newcastle WorimiEast Western Metropolitan DeerubbinEast Western Metropolitan GandangarraEast Western Metropolitan TharawalNorth Central Coast BirpaiNorth Central Coast BowravilleNorth Central Coast BunyahNorth Central Coast C. Harbour & DistrictNorth Central Coast ForsterNorth Central Coast KaruahNorth Central Coast KempseyNorth Central Coast Nambucca HeadsNorth Central Coast Purfleet-TareeNorth Central Coast Stuart IslandNorth Central Coast ThunguttiNorth Central Coast UnkyaNorth Far North Coast BaryulgilNorth Far North Coast Birrigan GargleNorth Far North Coast BogalNorth Far North Coast Casino BoolangleNorth Far North Coast Grafton-NgerrieNorth Far North Coast Gugin GuddubaNorth Far North Coast JaliNorth Far North Coast Jana-NgaleeNorth Far North Coast JubullumNorth Far North Coast Muli MuliNorth Far North Coast NgulingahNorth Far North Coast Tweed-ByronNorth Far North Coast YaeglNorth Northern AmarooNorth Northern CoonabarabranNorth Northern NungarooNorth Northern Red ChiefNorth Northern TamworthNorth Northern WalhallowNorth Northern WanaruahNorth Northern Tablelands AnaiwanNorth Northern Tablelands ArmidaleNorth Northern Tablelands AshfordNorth Northern Tablelands Dorrigo PlateauNorth Northern Tablelands Glenn InnesNorth Northern Tablelands GuyraNorth Northern Tablelands MoombahleneSouth Far South Coast Batemans BaySouth Far South Coast BegaSouth Far South Coast BodallaSouth Far South Coast CobowraSouth Far South Coast EdenSouth Far South Coast MerrimansSouth Far South Coast MogoSouth Far South Coast Ngunnawal

South Far South Coast UlladullaSouth Far South Coast WagongaSouth Murray River Albury & DistrictSouth Murray River CummeragunjaSouth Murray River DeniliquinSouth Murray River MoamaSouth Murray River Wamba WambaSouth Wiradjuri CondobolinSouth Wiradjuri CowraSouth Wiradjuri GriffithSouth Wiradjuri HaySouth Wiradjuri Leeton & DistrictSouth Wiradjuri Murrin BridgeSouth Wiradjuri NarranderaSouth Wiradjuri OnerwalSouth Wiradjuri OrangeSouth Wiradjuri Peak HillSouth Wiradjuri PejarSouth Wiradjuri Tumut-BrungleSouth Wiradjuri Wagga WaggaSouth Wiradjuri West WyalongSouth Wiradjuri WindradyneSouth Wiradjuri YoungWest Central DubboWest Central GilgandraWest Central MudgeeWest Central NarromineWest Central NynganWest Central QuamboneWest Central TrangieWest Central Warren MacquarieWest Central WeilwanWest Central WellingtonWest North West BaradineWest North West BrewarrinaWest North West CobarWest North West CollarenebriWest North West CoonambleWest North West GoodoogaWest North West Lightning RidgeWest North West MoreeWest North West MungindiWest North West MurrawariWest North West NarrabriWest North West Nulla NullaWest North West PilligaWest North West ToomelahWest North West WalgettWest North West Wee WaaWest North West WeilmoringleWest Western BalranaldWest Western Broken HillWest Western DaretonWest Western IvanhoeWest Western MenindeeWest Western MutawintjiWest Western TibooburraWest Western WanaaringWest Western WilcanniaWest Western Winbar

Zone RALC LALC Zone RALC LALC

List of Local Aboriginal Land Councils


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Addresses of Zone Offices

Head OfficeLevel 433 Argle StreetParramatta NSW 2150PO Box 1125Parramatta NSW 2124

Tel: 02 9689 4444Fax: 02 9687 1234

Western Zone62 Bultje StreetDubbo NSW 2830PO Box 1196Dubbo NSW 2830

Tel: 02 6885 7000Fax: 02 6881 6268

Northern Zone8 Dalley StreetCoffs Harbour NSW 2450PO Box 1912Coffs Harbour NSW 2450

Tel: 02 6659 1200Fax: 02 65550 0420

Eastern ZoneLevel 533 Argle StreetParramatta NSW 2150PO Box 987Parramatta NSW 2124

Tel: 02 8836 6000Fax: 02 8836 6006

Southern ZoneSuite100Corporate levelRiveside PlazaMonaro StreetQueanbeyan NSW 2620

PO Box 619Queanbeyan NSW 2620

Tel: 02 6124 3555Fax: 6297 3541


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Documents

NSWALC Annual Report 2004-2005