Kaya,
The South West regional pre-incorporation meetings are happening soon. They will be an important milestone towards the creation of the six regional corporations and central services corporation (CSC).
We’ve put together a list of frequently asked questions about these meetings below, or you can download a pdf fact sheet here.
Our regional corporations will have a strong voice in managing the land and other resources held by the Nongar Boodja Trust on behalf of, and for the benefit of, all Noongar people.
At these pre-incorporation meetings you will also be asked to endorse SWALSC to become your CSC to provide a range of essential services to the new regional corporations and the broader Noongar community, including:
CORE SERVICES: services such as ILUA compliance support, advocacy, cultural development, heritage and research, stakeholder engagement and land management.
REGIONAL SERVICES: services offered directly to the regional corporations at no cost during the start-up period. Through a ‘common platform’, the CSC will provide centralised administrative services to increase efficiency, reduce costs, share knowledge and build capacity. This will include finance, information technology, administration and human resources services.
OPTIONAL SERVICES: potential additional service offerings at the request of regional corporations, for example assisting a regional corporation to bring in new land assets into the Trust.
SWALSC has already begun the important work of renewal and transformation, so that we are ready to transition from a native title service provider into a service organisation, with new staff and infrastructure. Our work will ensure our ability to provide corporate services to the regional corporations at the highest standards.
In the last few months we have taken ownership of our first parcels of land and the first Settlement payments have been transferred into the Noongar Boodja Trust.
We encourage you to come to your pre-incorporation meeting to have your say and be part of this historic moment. We look forward to seeing you there.
Click here for dates, venues and meeting packs for each of the six meetings.
Click here to RSVP for any meetings you’re eligible to attend, or call SWALSC on 9358 7400 if you want to discuss your eligibility or get any other information.
Frequently asked questions
Can I vote if I do not attend the pre-incorporation/agreement group meeting?
Only people attending the meeting can vote.
The six regional pre-incorporation meetings are important, as the resolutions that will be voted on will shape the future of the Noongar corporations. We want as many Noongar people as possible to attend these meetings and be part of the future of their South West Native Title Settlement (Settlement).
Who can attend the pre-incorporation/agreement group meetings?
You are allowed to attend the pre-incorporation meetings for any of the agreement groups that you have a connection with.
If you aren’t registered as an agreement group member, want to discuss your eligibility for any agreement group, or want to request meeting documents for additional meetings please contact SWALSC on (08) 9358 7400.
You can also access hard copies of all the relevant documents at SWALSC regional office locations or download them here.
Can I pre-register my attendance before the meeting?
Yes! This will mean you do not need to register on the day, and will help minimise waiting times for all attendees. Please pre-register here. SWALSC will contact you before the meeting to confirm your registration.
Why are there two meetings for each regional agreement group at the same time? Is there a difference between the two meetings?
The meeting is being held in two locations to give as many people as possible the chance to attend and vote. The meeting on country will be the primary meeting, and it will be video conferenced/streamed to the Perth venue.
Attendees at both meetings will have the same voting and participation rights. You can attend whichever of the meetings is most convenient for you. A facilitator will lead the on-country meeting and a representative of the returning officer will attend both meetings.
Whadjuk will have one meeting in Perth.
Item B – Resolution 2 Why is it an “initial” Cultural Advice Policy? What does that mean?
The initial Cultural Advice Policy (CAP) is the first CAP. It has been prepared based on community feedback and engagement. Once the Regional Corporation is established the Board must, with participation of the Regional Agreement Group, establish and regularly update the CAP. The CAP has to be endorsed through a resolution of the General Meeting, so it will be draft until it is endorsed at a General Meeting.
Item C – Resolution 3 Why is there a summary of changes to the rulebook since it was last provided to the agreement group?
The summary is to provide a plain English explanation of the changes that have been made to the rulebook. Those changes are non-substantive, or have been included to ensure compliance with the ILUA and other requirements (eg Office of the Registrar of Indigenous Corporations (ORIC)). If you have any questions about the changes, please contact SWALSC on (08) 9358 7499 or reception@noongar.org.au.
What is the difference between an ‘initial director’ and a ‘member director’?
The initial directors are the directors that the agreement group elect to register and set up the regional corporation. Member directors will be nominated and elected after the initial directors, through a postal vote process.
What are the key roles of the initial directors?
The initial directors will be responsible for setting up the regional corporation. They will:
continue the membership drive;
progress the registration of the regional corporation with ORIC and as a charity;
consider and approve membership applications;
call for EOI for member directors;
arrange for the member director postal vote to be conducted; and
call the first Annual General Meeting.
Your meeting pack includes bios for the initial director nominees.
When will our regional corporation have member directors?
The Member Directors will be appointed at the first Annual General Meeting of the Regional Corporation. It is expected that this will occur in early to mid 2022.
Can I become a member director?
You first have to be a member of the regional corporation — you can download a membership expression of interest form here. After the pre-incorporation meeting, the initial directors will call for nominations for member directors. You will have to submit a nomination form and then be elected through a postal vote process to be appointed as a member director at the first annual general meeting.
Item F – Resolution 5 What happens if the agreement group does not endorse the regional corporation?
If an agreement group does not endorse the regional corporation, a new corporation will need to be established, and another pre-incorporation meeting will need to be called. This new process will be facilitated by the Trustee with the agreement group, at the cost of the Noongar Boodja Trust.
What happens if the corporation does not do all the things it is meant to, in order to be endorsed by the Trustee as the regional corporation?
If the regional corporation is not established in accordance with the Transition Principles (Annexure Y of the ILUA), it will not be eligible to be endorsed and to receive funding from the Noongar Boodja Trust.
Item G – Resolution 6 What happens if the agreement group does not endorse SWALSC as the Central Services Corporation (CSC)?
SWALSC will not become the CSC until it receives an endorsement from at least four agreement groups. If not endorsed, another entity will have to put itself forward to be established as the CSC, and will also have to be endorsed by at least four of the agreement groups. This new process would be at the cost of the Noongar Boodja Trust.
Item H – Resolution 7 What happens to our cultural information if we don’t endorse SWALSC to hold it?
SWALSC currently holds a range of cultural and traditional information, documents, records, data and material that it has for the purpose of native title claim matters. In accordance with the wishes of the agreement group, it is intended that the regional corporation will accept a transfer of the cultural material when ready to do so.
How do I become a member of the regional corporation? When will I become a member?
The rulebooks set out the application process. You will need to fill out the membership expression of interest form here and return it to SWALSC. Membership forms will also be available at the pre-incorporation meetings. The initial directors will consider and approve the membership application forms after the corporation is registered with ORIC.
Where can I find more information about how the Settlement will impact me?
This website has lots of information about the Settlement, and information is also available on the Department of the Premier and Cabinet’s website. The Noongar Boodja Trust Community Guide is also a good source of information about the governance structure, you can access it here.
What precautions are being taken to keep meeting attendees COVID safe? What will happen if there is a lock down when our meeting is scheduled?
The meetings will adhere to any government COVID-19 restrictions, and social distancing guidelines. Hand sanitiser and disposable masks will be available for those wish to use them. If restrictions are introduced that prevent holding a meeting, SWALSC will postpone the meeting and contact those who may be impacted.
When will regional corporations be eligible to receive Trust funds for their operations?
The regional corporations will only be able to receive Trust funds once they are fully established and have completed the following steps:
The agreement group must endorse the regional corporation (this is a resolution at the pre-incorporation meetings)
The regional corporation must be registered with ORIC and as a charity
The board of directors have been elected and expert directors have been appointed
The WA government must endorse the regional corporations in accordance with the Transition Principles and the Regional Corporation Principles
The Trustee must endorse the RC in accordance with the Transition Principles and the RC Principles
Please see the Regional Corporation Transition Program for more information here.
Why is a facilitator running the meeting instead of SWALSC?
As per Schedule 6 of the Trust Deed the Trustee has nominated an independent facilitator to run the regional pre-incorporation meetings to ensure independence.
Who prepared all of the meeting materials?
SWALSC prepared the meeting materials, working with the Noongar Boodja Trustee, the returning officer, the independent facilitator and the Department of the Premier and Cabinet to ensure all of the meeting documents met the requirements in the Transition Principles and the Indigenous Land Use Agreements.
Who has assessed the eligibility of initial director candidates?
The Noongar Nominations Committee, which is chaired by the Noongar Boodja Trustee has assessed the eligibility of the initial director candidates against the criteria that is set out in the rulebooks for each of the regional corporations.
Download a copy of this regional pre-incorporation fact sheet