Mrs Vanessa Kickett elected Chairperson of SWALSC

At the first meeting of the newly elected directors of the South West Aboriginal Land and Sea Council (SWALSC) today, Mrs Vanessa Kickett was elected as the Chairperson of SWALSC.

The Board resolved to appoint Mrs Kickett to the role of Chairperson for a twelve-month period.

Mrs Kickett is a proud Whadjuk Noongar woman with over fifteen years professional experience in policy, contract management, Aboriginal heritage and culture, native title and Aboriginal engagement throughout Noongar Boodja.

“I am deeply honoured to have been given the trust of my fellow Board members to be appointed as the Chairperson of SWLASC during this very important and exciting time for our Noongar People,” Mrs Kickett said.

“On the 26 of November 2020, the High Court of Australia will hear oral submissions for the applications for special leave to appeal.  We are hoping the High Court rejects the applications so that we can begin the important work of implementing the South West Native Title Agreement.”

“Five years ago, the Noongar people voted to accept the negotiated agreement between the Noongar People and the State of Western Australia. While we have waited for the court processes and appeals to work their way through the legal system, we have lost many of our Elders who worked so hard to see this agreement to come to pass.”

In addition to Mrs Kickett, Barry Winmar and Noelene McCormick were also appointed as directors at this week’s AGM.  Expert director David Ashton continues in his role and is joined by a second expert director, Vanida Lennon.  There are three vacancies on the Board and by-elections will be held shortly to elect these positions.

“The new directors of SWALSC will work tirelessly to ensure that the vision our Elders fought so hard for will be delivered for the benefit of all our Noongar People.  While it is sad that many of those Elders have passed before they were able to see the agreement implemented, we will do everything we can to honour their vision and their memory,” Mrs Kickett said.

“The new directors of SWALSC will focus on developing the capacity of SWALSC and earning the trust and support of the Noongar community as we prepare for SWALSC to transition into the Central Services Corporation and work to establish the six new Noongar Regional Corporations once the Agreement begins implementation.”

Project Manager appointed

Arrangements have been finalised with the Commonwealth to appoint a Project Manager for SWALSC following the departure of the former Chief Executive Officer on the 13th of October 2020.

The Commonwealth has appointed the firm Grant Thornton Australia as the Project Manager, and Grant Thornton Australia have appointed one of their Partners, Mr Anthony Beven, to act in this role.

Anthony Beven is a legal practitioner with over 20 years’ experience as a senior statutory officeholder, including ten years as Registrar of Aboriginal and Torres Strait Islander Corporations and eight years as an ASIC Regional Commissioner.

He has a deep knowledge and understanding of Aboriginal and Torres Strait Islander culture having worked closely with Aboriginal and Torres Strait Islander people, organisations and communities around Australia. He also has expertise in forensic investigation.

Grant Thornton Australia will be the Project Manager for SWALSC until at least 31 March 2021, and the arrangement shall come to an end by the mutual agreement of the Commonwealth and SWALSC.

The Project Manager shall:
a) undertake all the functions that would otherwise be performed by the CEO with respect to the Project, including in relation to director’s meetings;
b) manage staffing issues arising from the departure of former senior executives;
c) manage the transition from the outgoing to the incoming board including arranging appropriate governance training;
d) manage the transition process to a central services corporation and implement other aspects of the South West Settlement process including community and government liaison; and
e) manage the selection process and induction for a new CEO and, if necessary, work alongside that CEO for an introductory period.

SWALSC has given an undertaking to, at all times, actively cooperate with the Project Manager in good faith, and to provide all assistance, access and information reasonably necessary for the Project Manager to perform the functions they have been engaged to perform.

SWALSC Project Manager Anthony Beven

SWALSC directors election update

SWALSC has been advised by the independent Returning Officer of the results of the elections for member-elected Directors: 

“I confirm and formally forward to the South West Land and Sea Council (SWALSC) the results of the Ballot for Directors Election 2020 as certified by Computershare Investor Services Pty Limited who were appointed as the Relationship Manager to oversee the processing, audit and collation of the final ballot result. 

Additionally, I have made recommendations on the Wards that do not have a clear winner. I confirm that the postal ballot closed on Monday, 26 October 2020 with the results which are as summarised below:

Ballardong Ward

• Barry Winmar was elected by ballot.

Whadjuk Ward

• Vanessa Kickett was elected by ballot.

South West Boojarah

• Noelene McCormick was elected by ballot.

Gnaala Karla Booja Ward

• The vote was tied. By-election recommended to break deadlock.

Wagyl Kaip Ward *

• Previous declaration rescinded due to legal advice on process. Further election or by-election recommended.

Yued Ward

• Sole Candidate Withdrawn for personal reasons therefore provisional declaration rescinded. By-election recommended.

* With respect to the Wagyl Kaip ward, the Returning Officer and SWALSC has received legal demands on the conduct of the election process for this ward. At the commencement of the Ballot process the view of the Selections Committee had been that only one candidate John Penny, was eligible to stand. Accordingly, he was provisionally declared the candidate-elect, a decision that would have then been noted (see Rule Book, Rule 9.4.1 (d)) at the SWALSC AGM on the 16th November 2020. Upon receipt of detailed legal advice, I have rescinded my earlier decision on this declaration of John Penny, and have made a new ruling that no candidate be declared for the Wagyl Kaip Ward and have recommended that SWALSC consider a further election process in line with the legal advice received.

Regards

Shawn Boyle

Returning Officer”

SWALSC directors election update

The SWALSC elections for Directors has progressed to the Ballot stage.

Following the process set out in Rule 9 of the SWALSC Rule book, members have been mailed ballots for the following eligible candidates in the following wards: 

Gnaala Karla Booja

Roger Pickett, Phil Matera, Geri Hayden, Shirley Viti and James Bowron

South West Boojarah

Noelene McCormick, Chontarle Bellottie and Malcolm Williams

Whadjuk

Vanessa Kickett and Noel Morich

Ballardong

Kevin Fitzgerald, Barbara Bynder and Barry Winmar

The following Wards had only one eligible candidate and as a result the candidate will be declared elected unopposed at the close of the election process.

Wagyl Kaip: John Penny

Yued: Margaret Drayton

Polls close on the 26th October 2020.

Shawn Boyle

Returning Officer

Aboriginal land councils say new Aboriginal cultural heritage laws are “pointless”

After a review of the draft bill, the Kimberley Land Council (KLC) and the South West Aboriginal Land and Sea Council (SWALSC), say that proposed changes to WA’s Aboriginal Heritage law will not stop the destruction of scared sites as long as decision- making power over their protection remains with a government minister.

The McGowan government’s key selling points for the new act was the removal of Section 18, which allows for the destruction of sacred sites such as those destroyed by Rio Tinto at Juukan Gorge, and an increase in fines for those who break the law from $50,000 to $10 million.

The government claims changes to the bill will “transform how Aboriginal cultural heritage is identified, protected and managed”. The KLC and the SWALSC say this is hugely misleading and that unauthorised destruction is not the only problem and Traditional Owners should have the final say.

“Let’s not forget that what happened at Juukan Gorge was legal,” said Kimberley Land Council, CEO, Nolan Hunter. “Rio Tinto asked for Ministerial consent under section 18 of the Aboriginal Heritage Act, and this consent was granted by the Minister of the day.

Whilst the changes remove Section 18, government endorsed destruction without the agreement of Traditional Owners would still be possible under a re-badged and rebranded Section 139.” “With a few more checks and balances, a minister will still have the final say on if a sacred site is important or not. How is that better than what we have now?”

Agreeing with the assessment made by the KLC, SWALSC CEO Wayne Nannup said that the new bill would not make any difference if the attitude of Ministers stays the same. Over 99 percent of the 400 plus section 18 applications made by miners and developers to the McGowan government have been granted.

“If Ministers are going to continue to grant their consent to the destruction Aboriginal heritage to almost everyone who asks them, then does it really matter what is in the rest of the bill?”, Wayne Nannup, CEO, SWALSC asked.

Mr Nannup said that the recent experience of Minister Wyatt consenting to the destruction of registered Noongar ceremonial ground Munday Swamp against the advice of the ACMC and the express wishes of the Noongar People has caused great distress in the Noongar community.

“If Ministers cannot be trusted to protect Aboriginal heritage sites by saying ‘no’ when asked to give their consent to destroy them, then it falls to industry and developers to show some self-restraint and stop asking,” said Mr Nannup.

Recent damage to sacred sites in the East Kimberley is yet another example of the disconnect within government that is enabling destruction to continue despite the acknowledgement of heritage sites.

“The Minister for Mines is holding a recommendation for Kimberley Granite Holdings to mine, while his own Cabinet colleagues have told him there is a significant Aboriginal site in the same location,” said KLC CEO Mr Hunter. “Rather than decline the application, the Minister for Mines is actively supporting the grant of the mining lease in the proceedings before the National Native Title Tribunal. He knows that the National Native Title Tribunal approves similar projects almost without exception with only three applications rejected since 1994.”

The KLC and the SWALSC are calling on government and industry to engage with them directly to come up with a workable solution that provides free, prior and informed consent to Aboriginal people about any works that would damage Aboriginal culture and heritage values.

“It’s not the intention of Traditional Owners to hinder industry. We need to know that when we say ‘’no’’ that this will be respected, and there isn’t a loophole for miners or other operators to get what they want,” said Mr Hunter.

“We are asking industry to engage with us directly to come up with an approach that balances the needs of industry with those of heritage protection. This draft bill certainly isn’t it, and we will do all we can to block it.”

Media contacts

Shannon Wilson, Media Coordinator, Kimberley Land Council. 0408 436 987 shannon.wilson@klc.org.au

Jai Wilson, Communications Coordinator, South West Aboriginal Land and Sea Council. 0427 690 053 jai.wilson@noongar.org.au

SWALSC legal update

On the 19th of December 2019, the three judges of the Full Court of the Federal Court of Australia handed down their joint decision unanimously dismissing the applications to have the Registrar’s decision to register the six Indigenous Land Use Agreements (ILUAs) set aside.

Marianne Mackay, Mingli McGlade, Naomi Smith, Fabian Yarran, Margaret Culbong, Dion Joseph, Meretta Kickett, and Antonia Phillips had asked the Federal Court to overturn the decision of the Registrar of the National Native Title Tribunal made on the 17th of October 2018, when she registered all six ILUAs that make up the South West Native Title Settlement.

In rejecting all of these applications, the three judges of the Full Court of the Federal Court were satisfied that the Registrar made a valid decision to register the six ILUAs, and that the claims made by the Applicants were without merit. Costs were also awarded against the Applicants.

Decisions of the Full Court of the Federal Court of Australia can be appealed to the High Court, but this is not an automatic right of appeal. The High Court has the right to decide whether or not it will hear an appeal.

Before Applicants can have their appeals heard by the High Court, they must first apply for special leave to have their case heard.  The High Court can decide to either accept the special leave application and hear the appeal or reject the special leave application.

On the 20th of January 2020, Mingli McGlade, Naomi Smith, Margaret Culbong and Fabian Yarran filed applications for special leave with the High Court seeking leave to appeal the decision of the Full Court of the Federal Court. SWALSC filed written responses to the Applicants’ reasons on the 10th of February 2020.

These Applicants were then given the opportunity to reply to SWALSC’s responses by the 17th of February 2020, after which time the legal papers for those applications were closed.

After the close of papers for those applications, Marianne Mackay then filed a late application for special leave to appeal the decision of the Full Court of the Federal Court in the High Court. SWALSC filed written responses to this late application on the 24th of April 2020. Papers in relation to this late application were due to be closed on the 1st of May 2020.

Marianne Mackay then asked the High Court for three extensions of time to file her reply, with the latest extension date for filing being the 26th of June 2020. Marianne Mackay filed her reply by the 26th of June 2020, but it was rejected by the Registrar. The papers for that application were then resubmitted on the 2nd of July 2020, at which point the papers for Marianne Mackay’s late application were also closed.

On 21 September 2020, the High Court advised SWALSC that they would hear oral submissions on the special leave applications but would only list this hearing after the High Court handed down its decision in the case of Northern Land Council v Quall.  The Quall case was heard by the High Court on 13 August 2020.  It is not certain how long it will take for the High Court to hand down its decision on Quall, but it is likely that it could take around three months from the time it was heard in August.  Oral arguments on special leave applications are heard by the court on the last sitting day of the month, and the Court does not sit in the month of January.  This would mean that it is possible the Court might hear oral arguments for the special leave applications on the 13th of November 2020 at the earliest, the 11th of December 2020, or the 12th of February 2021.

If the High Court decides to accept one or more of the Applications for special leave, then the High Court will hear the appeal at a future date. This decision will result in further delays as we will have wait for the High Court to hear the case, and then wait for the judges to hand down their written decision.

However, if the High Court decides instead to reject the applications for special leave, then that will be the end of the legal process and we will move towards implementing the decision made by the Noongar people in 2015 to accept the South West Native Title Settlement that was negotiated between the State of Western Australia and the Noongar People.

SWALSC will continue to advise members which of these two paths we are going down once the High Court has made its decision about the applications for special leave. SWALSC will continue to act on the instructions of the Noongar people and take all necessary steps to implement the South West Native Title Settlement for the benefit of all Noongar people.

Media contact

Jai Wilson, Communications Coordinator, South West Aboriginal Land and Sea Council. 0427 690 053 jai.wilson@noongar.org.au

SWALSC legal update

On the 19th of December 2019, the three judges of the Full Court of the Federal Court of Australia handed down their unanimous decision dismissing the applications to have the Registrar’s decision to register the six Indigenous Land Use Agreements (ILUAs) set aside.

Marianne Mackay, Mingli McGlade, Naomi Smith, Fabian Yarran, Margaret Culbong, Dion Joseph, Meretta Kickett, and Antonia Phillips had asked the Federal Court to overturn the decision the Registrar of the National Native Title Tribunal made on the 17th of October 2018, when she registered all six ILUAs that make up the South West Native Title Settlement.

In rejecting all of these applications, the three judges of the Full Court of the Federal Court were satisfied that the Registrar made a valid decision to register the six ILUAs, and that the claims made by the Applicants were without merit.  Costs were also awarded against the Applicants.

Decisions of the Full Court of the Federal Court of Australia can be appealed to the High Court, but this is not an automatic right of appeal.  The High Court has the right to decide whether or not it will hear an appeal.

Before Applicants can have their appeals heard by the High Court, they must first apply for special leave to have their case heard.  The High Court can decide to either accept the special leave application and hear the appeal or reject the special leave application.

On the 20th of January 2020, Mingli McGlade, Naomi Smith, Margaret Culbong and Fabian Yarran filed applications for special leave with the High Court seeking leave to appeal the decision of the Full Court of the Federal Court.  SWALSC filed written responses to the Applicants’ reasons on the 10th of February 2020.

These Applicants were then given the opportunity to reply to SWALSC’s responses by the 17th of February 2020, after which time the legal papers for those applications were closed.

After the close of papers for those applications, Marianne Mackay then filed a late application for special leave to appeal the decision of the Full Court of the Federal Court in the High Court.  SWALSC filed written responses to this late application on the 24th of April 2020.  Papers in relation to this late application were due to be closed on the 1st of May 2020.

Marianne Mackay then asked the High Court for three extensions of time to file her reply, with the latest extension date for filing being the 26th of June 2020.  Marianne Mackay filed her reply by the 26th of June 2020, but it was rejected by the Registrar.  The papers for that application were then resubmitted on the 2nd of July 2020, at which point the papers for Marianne Mackay’s late application were also closed.

Now that the High Court has received all of the papers for the special leave applications, the Court is in the process of assessing the written submissions and deciding whether or not it will accept the special leave applications and agree to hear the appeals.

At the time of writing this legal update, SWALSC has not been advised when the High Court will make its decision on the special leave applications.  Parties to special leave applications only get short notice about when the High Court will decide special leave applications.  It is SWALSC’s best guess that the judges’ decision will not be made until September 2020 at the earliest.

Where to from here?

If the High Court decides to accept one or more of the Applications for special leave, then the High Court will hear the appeal at a future date.  This decision will result in further delays as we will have wait for the High Court to hear the case, and then wait for the judges to hand down their written decision.

However, if the High Court decides instead to reject the applications for special leave, then that will be the end of the legal process and we will move towards implementing the decision made by the Noongar people in 2015 to accept the South West Native Title Settlement that was negotiated between the State of Western Australia and the Noongar People.

SWALSC will advise members which of these two paths we are going down once the High Court has made its decision about the applications for special leave.  SWALSC will continue to act on the instructions of the Noongar people and take all necessary steps to implement the South West Native Title Settlement for the benefit of all Noongar people.

Naomi Smith compensation claim 

SWALSC is aware that on the 22nd of November 2019, Naomi Smith lodged an application for compensation against the State of Western Australia in the Federal Court.

SWALSC is also aware that on the 20th of January 2020, the State of Western Australia filed an application for Summary Dismissal, and the matter is now with Federal Court.

SWALSC is NOT a party to these proceedings, therefore it is not appropriate for SWALSC to comment about that case.

Director Election Notice 2020

THE THREE-YEAR TERM FOR THE SIX MEMBER-ELECTED DIRECTORS WILL EXPIRE AT THE SWALSC AGM ON MONDAY 16 NOVEMBER 2020.

Nominations for Directors are now open for eligible candidates in all six Wards of the Council. This election notice and the enclosed nomination form have been posted to all members of SWALSC.

If you have not received your election notice and nomination form, it is possible that you have moved address and not told SWALSC where you live. If so, please contact SWALSC to update your contact details.

Transformative housing solution to empower South West Noongar people

MEDIA RELEASE

Transformative housing solution to empower South West Noongar people 

A progressive new venture to address homelessness among South West Noongar people promises an innovative solution that will deliver much more than housing.

Developed by the South West Aboriginal Land and Sea Council (SWALSC), it involves purchasing strategically located properties and developing them into integrated hubs offering accommodation options as well as care and support services and training to empower Aboriginal people to transform their lives.

The focus is on tackling issues such as unemployment, family violence, a lack of childcare and alcohol and drug use which can not only lead to homelessness but are in turn exacerbated by a lack of permanent accommodation.

The game-changing approach will be delivered by the newly established Aboriginal Housing Foundation (AHF) – a special purpose Charitable Trust overseen by joint trustees, the Noongar not-for-profit Aboriginal Housing Recovery Centre Limited (AHRCL) and Equity Trustees.

SWALSC Chief Executive Officer, Wayne Nannup, said the AHF has hit the ground running with the acquisition of the El Caballo Lifestyle Village in the Wheatbelt town of Wundowie.

“It will ultimately be developed into a multi-purpose complex offering accommodation for up to 180 vulnerable Noongar people and will include specialist aged care facilities,” he said.

“A rehabilitation centre, domestic violence refuge and childcare centre for up to 50 Aboriginal children will add vital care and support services that are just as important as the bricks and mortar.”

Mr Nannup said the running of the multi-purpose site will create vocational training opportunities in horticulture, language, childcare and property management and a 

Trade Centre will be equipped to support hospitality and catering, as well and building and construction.

“Although purchasing a mature property like El Caballo means we will need to do some remedial work, it gives us a great location within a vibrant, well-established community and a variety of multi-use accommodation styles.

“The sub-division and aged care approvals already in place mean we can also commence the new construction we need to undertake immediately, significantly cutting development time,” he said.  

The Aboriginal Housing Foundation is a huge step forward in South West Noongar people taking control of their own future with long-term investment in programs that meet their specific needs. 

“We’re not sitting around waiting for other people to deliver on promises and create meaningful opportunities for our community,” said Mr Nannup.

“Noongar people have ownership of this initiative and are inspired to achieve results that will set the benchmark for the rest of Australia.”

Ends

·      The South West Aboriginal Land and Sea Council (SWALSC) are a native title service provider to the Noongar people, who are the traditional owners of the south west of Australia. 

·      SWALSC works with members to progress the resolution of Noongar native title claims, while also advancing and strengthening Noongar culture, language, heritage and society.

Contact: Carla Shearman @ The PR Collaborative on 0418 140 220.

WORKING PARTY MEETINGS SUSPENDED TO PROTECT ELDERS

The health and wellbeing of our Elders is SWALSC’s number one priority.We have been carefully monitoring the health advice coming from medical experts about the COVID-19 virus.

It has become clear to the Board and management at SWALSC that the expert advice requires that we take every possible step to protect our Elders from the risk of exposure to this new virus.

In order to reduce unnecessary travel and to reduce the amount of contact our Elders have with groups of people, SWALSC has decided today to immediately suspend all Working Party Meetings until further notice.

This decision will have an immediate impact on the Members of the Gnaala Karla Boodja (GKB) Working Party who are scheduled to meet at SWALSC’s Cannington Office Wednesday 18 March 2020.

SWALSC staff are currently phoning and emailing all GKB Working Party Members to advise them that the meeting will not be going ahead as planned.SWALSC apologises for any inconvenience caused to GKB Working Party Members who have already made travel plans, but we do not want to take any risks with the health and wellbeing of our Elders.

If you are a GKB Working Party Member and you have not received a phone call, we might not have your current contact details. Please phone the SWALSC office on (08) 9358 7400 so our staff can update you and answer your questions.

Letters will be sent out to all Working Party members in the coming week advising of the changes.

SWALSC WELCOMES FEDERAL COURT DECISION

The South West Aboriginal Land and Sea council (SWALSC) today welcomes the Full Federal Court’s decision to uphold the registration of all six Indigenous Land Use Agreements (ILUAs) that comprise the South West Native Title Settlement, bringing the negotiated Settlement one step closer to implementation.

The $1.3bn settlement, which covers 200,000 square kilometres in the south west of Western Australia and impacts an estimated 30,000 Noongar peoples, was authorised by the Noongar People at six Authorisation Meetings in 2015.

The settlement has been challenged at various stages of the legal process by a small group of Noongar People who are opposed to the decisions made by the majority of Noongar People at the six Authorisation Meetings.

In October 2018, the Registrar of the National Native Title Tribunal made the decision to register all six ILUAs. In December 2018, applications for judicial review of the Registrar’s decision were lodged in the Federal Court.

In May 2019, two days of hearings were held to hear oral submissions on the first four grounds of review. In November 2019, a third day of hearings was held to hear oral submissions on the fifth ground of review.

Today, 19 December 2019, the Full Bench of the Federal Court handed down its decision, rejecting the applications for judicial review and awarded costs against the Applicants.

Any parties wishing to appeal this decision are entitled to seek leave to appeal to the High Court, which can then decide whether or not to hear the case.

“I am excited that today we move one step closer to controlling our own destiny and being able to bring our community together in healing for the benefit of future generations of our Noongar People,” said Jeanice Krakouer, Chairperson, SWALSC.

“I’m pleased that today we have been able to honour and respect the wishes of our Elders who fought so long and hard for this negotiated settlement of our claims for native title. I look forward to working with all Noongar People to implement this Agreement,” said Wayne Nannup CEO, SWALSC.

SWALSC successful in funding application for second round of Aboriginal Ranger Program

SWALSC is delighted by today's announcement from WA Minister for the Environment, Stephen Dawson MLC, that SWALSC is one of the successful applicants for second round funding from the State's Aboriginal Ranger Program.

This funding will allow SWALSC to continue the paid training partnership with the Parks and Wildlife Service, Western Australia that has created 12 full-time paid traineeships for Noongar people delivered from six locations across Noongar Boodja for a further 16 months.

SWLASC will now enter into a funding agreement with the government and finalise details for the roll-out and employment opportunities for the second round of the program. 

The intention is to make an offer to those trainees who are currently employed in the program to continue their training up to Certificate IV level, and to backfill the vacancies created by trainees who have left the program to take on other work or pursue other interests.

As soon as these details are finalised, and the number and locations of the vacancies have been identified, we will advertise the employment opportunities and recruitment process on our Facebook page, here on our webpage, and also in a mail out to all SWALSC members.

Further information about the Aboriginal Ranger Program can be found here.

Second Round of Town Information Sessions

We have received feedback that some SWALSC members are finding it difficult to make it to the locations for the six Town Information Sessions that were announced 17 Jan 2019. We have taken this feedback onboard and have decided to run a second round of meetings in other locations across the South West to ensure that as many Noongar people as possible are able to attend. Below is the list of times, dates and locations for these eight additional Town Information Sessions.

South West Native Title Settlement Town Information Sessions

South West Native Title Settlement Further Delayed by Court Challenges

On 17 October 2018, more than three years after the Noongar People voted to accept the State government’s offer to settle the claims under the Native Title Act, the Registrar of the National Native Title Tribunal announced she had decided to registered the six South West Native Title Agreement Indigenous Land Use Agreements (ILUAs) that make up the South West Native Title Settlement.

In making her decision, the Registrar spent over a year considering the objections to the registration of the ILUAs and found that all of the objections were without merit.

Following the announcement by the Registrar that she had registered the six ILUAs, people were given 28 days to seek written reasons for the Registrar’s decision. There was then another 28 days for people to apply to the Federal Court for judicial review of the decision.

A total of eleven people applied to the Court for judicial review of the Registrar’s decision.Today, following a case management hearing held earlier this week, the Court has ordered that the eleven applications be combined into two applications, one with six applicants in a matter to be known as WAD525/2018, or McGlade v SWALSC, and the other with five applicants to be known as WAD519/2018, or Prior v SWALSC.

The Court has also ordered that SWALSC be joined with the State of Western Australia, the Commonwealth of Australia, and the Native Title Registrar as respondents in these reviewsof the Registrar’s decision.

In the McGlade v SWALSC case, the Court has ordered that parties provide all written submissions on or before 12 April 2019, and has referred the matter to the Chief Justice to decide whether that matter is to be heard by the Full Court.

In the Prior v SWALSC case, the Court has ordered that parties provide submissions on or before 22 February for a one-day hearing to be set by the court soon after 22 February.

Based on past experience, it is SWALSC’s best estimate that both matters will have been heard by the Court before June 2019, and it might take up to a further six months for the Court to hand down its decisions.

“While SWALSC respects the right of aggrieved parties to seek judicial review of theRegistrar’s decision to register the six ILUAs that make up the South West Native Title Settlement, we are disappointed that this will further delay the implementation of the Agreement for the benefit of all Noongar People,” said Jeanice Krakouer, Chairperson ofSWALSC.

“SWALSC will take all necessary steps to comply with the instructions of the majority of Noongar people who voted to accept and implement this agreement and will continue to focus our efforts on bringing the Noongar people together in healing and ensure that we build a solid future for generations to come.”

ends.

Next Round of Noongar Elder Cultural Advice Policy Meetings

31 October 2018

Once the South West Native Title Settlement becomes operational, the Regional Corporations must support a cultural governance and decision making model guided by Noongar Elders who are not only Traditional Owners, but are also custodians with historical connections to country, lore, and local custom. It is up to each community and Corporation to decide how this can be best achieved. This next round of Elders Meetings will inform the formation of these Cultural Advice Policies, give give Elders an opportunity to have a say on how cultural governance will happen. Make sure you come along and have you say.

SWALSC Annual General Meeting 2018

The 2018 Annual General Meeting will be held 10:00am - 1:30pm, Monday, 26 November 2018, at the Cannington Exhibition Centre, Can Albany Highway and Station St, Cannington.

As per the SWALSC Rules, SWALSC Annual General Meetings are for members of SWALSC, and are not open to the general public.

The meeting notice and agenda have been posted to all SWALSC members. A copy of the SWALSC 2018 Annual Report can be downloaded here.

Nominations are open for the South West Native Settlement - Pre-Trust Nominations Committee

Expressions of interest are being called for from Noongar People to join the Pre-Trust Nominations Committee.

The expression of interest process is being conducted by the Forum for Directors of Indigenous Organisations (FDIO) and need to be made directly with FDIO, not SWALSC.

Applications close 5pm, Monday, 19 November 2018. For more information, please contact Tahnee Davies from FDIO via email at: info@fdio.com.au, or follow the link below:

https://fdio.com.au/page/south-west-settlement-pre-trust-nominations-committee-information

SWALSC Welcomes Decision by NNTT to Register ILUAs

Jeanice Krakouer, Chairperson of the South West Aboriginal Land and Sea Council (SWALSC), has welcomed today’s decision by the Registrar of the National Native Title Tribunal (NNTT) to register all six Indigenous Land Use Agreements (ILUAs) that were agreed between the Noongar People and the State of Western Australia in 2015.

This decision comes a year after the Registrar of the NNTT received the ILUAs for consideration, and is a significant milestone towards the implementation of the South West Native Title Settlement.

These six ILUAs are the binding legal documents that make the South West Native Title Settlement between the Noongar People and the State of Western Australia enforceable.

These six ILUAs set out the terms and conditions that the State of Western Australia has agreed to be bound by in exchange for the Noongar people agreeing to settle claims under the Native Title Act.

These conditions agreed to by the State of Western Australia, include:

• An Act of the Western Australian Parliament recognising the Noongar People as the Traditional Owners of Noongar Boodja (Noongar lands).

• The return, by the State Government, of up to 320,000 hectares of development and cultural land to the Noongar People, to be held by the Noongar Boodja Trust.

• Twelve payments of $50 million a year into a perpetual Trust for the exclusive use and benefit of the Noongar People.

• Twelve payments of $10 million a year for 12 years for the establishment and initial operation of the six Noongar Regional Corporations and one Central Services Corporation.

• Agreement by the State to enter into joint management of National Parks and the South West Conservation Estate in Noongar Boodja; and

• Access by Noongar people to Crown lands for Noongar People to undertake customary activities.

Quotes for attribution to SWALSC Chairperson, Jeanice Krakouer:

“We are delighted with the outcome of today’s decision.”

“This is a great opportunity for the Noongar People to come together, to control our own destiny, and to build a solid future for generations to come.”

Although the agreements have been registered, there is still the possibility that some objectors may seek judicial review in the Federal Court.

The settlement will commence only after all legal proceedings have been exhausted.

Ends.

NNTT Decision on ILUAs due mid-October 2018

SWALSC has been advised that the Registrar of the National Native Title Tribunal (NNTT) will announce the decisions on whether or not she registers the six Indigenous Land Use Agreements (ILUAs) that form the South West Native Title Settlement on, or around, 17 October 2018.

By the time the Registrar announces these decisions, it will have been more than a year from relodging applications for registration of the ILUAs.

Following the relodging of the ILUAs, a 'notice period' began which allowed any person claiming to hold native title in relation to any area of land covered by the ILUAs with the opportunity to object in writing if they believed that the applications to register the six ILUAs were not properly certified.

SWALSC was advised by the Registrar several times that the notice period had been extended to provide more time and procedural fairness for people seeking to lodge objections to the registration of the ILUAs.

SWALSC was given the opportunity to provide comment on each of the objections that were lodged during the notice period, and provided these comments to the Registrar to consider.

SWALSC respects the right of people to lodge objections to the registration of the ILUAs and will continue to respect the confidentiality of the process by not disclosing any details about the objections SWALSC provided comments about to the Registrar.

SWALSC thanks the Noongar community for their continued patience and understanding while we wait for the Registrar’s decisions.

 

Expressions of Interest Called for Newmont Boddington Gold - Moorditj Booja Community Partnership Agreement (CPA) Relationship Committee

Newmont Boddington Gold - Moorditj Booja Community Partnership Agreement (CPA) Relationship Committee is seeking 7 GKB Representatives to inter alia monitor the progress of the implementation of the CPA against the principles and targets set out in the CPA.

Term and time commitment

The term of appointment will be for 3 years, beginning from the first meeting in 2018. During the three-year term the appointed representative will meet on a quarterly basis, usually at NBG premises in Boddington.

Remuneration

The appointed representatives will be entitled to sitting fees for the day they attend the meeting and eligible to claim travel allowance reimbursements for fuel. Lunch is usually provided by NBG.

Selection Criteria

To be eligible for this appointment you must:

1.    Be a member of the GKB Claim Group and have:

2.    Well-developed communication and interpersonal skills;

3.    Advanced conceptual and problem-solving skills;

4.    Awareness of and ability to identify areas of need in GKB community;

5.    Ability to liaise with external stakeholders;

6.    Good standing within the GKB community.

The selection process will be facilitated by an independent selection panel, administered by the South West Aboriginal Land and Sea Council (SWALSC) Successful applicants will then be appointed by the GKB Working Party.

How to apply

Applicants to provide evidence of their experience and knowledge that is relevant to the role and must address each of the above selection criteria.

Application forms can be obtained by phoning Angela on 9358 7400 or emailing human.resources@noongar.org.au, and completed forms can be emailed to human.resources@noongar.org.auor handed in to SWALSC reception at 1490 Albany Hwy, Cannington. 

Note: the ONLY applications considered will be the ones submitted on the official application form, no email, over the phone or other expressions of interest will be considered.

Applications close on 22/06/18.

Should you require any further information, please contact Peter Nettleton, peter.nettleton@noongar.org.auor on 9358 7400.

Expression of Interest Form

Cultural Advice Policy Elder Workshops

When the South West Native Title Settlement is implemented, and the six Noongar Regional Corporations are being created, the rule book for each Regional Corporation requires each Corporation establish and regularly update a ‘Cultural Advice Policy’. This Cultural Advice Policy must be endorsed by the members of each Corporation at a General Meeting. 

The purpose of the Cultural Advice Policy is to set out the way that each of the six Regional Corporations will make cultural decisions, and how the Corporations will provide support to the Noongar Elders who will advise the Corporations on cultural governance in accordance with the Policy. 

SWALSC recently appointed Tony Walley as a Cultural Governance Manager to engage and consult with Elders across Noongar country about the Cultural Advice Policies, and to discuss ways the Policies can be developed, implemented and managed as part of each Regional Corporation’s business. 

Tony has been conducting a series of initial workshops with Elders to discuss important questions like: ‘What is a Noongar Elder?’; ‘What should the roles and responsibilities for Elders be under the Cultural Advice Policy?’; ‘What sort of governance model would work best?’; and ‘How should our Elders be represented in this governance model?’ These workshops will inform later meetings that will prepare the draft Cultural Advice Policies for a General Meeting of the Regional Corporations to consider. 

A further fifteen of these Elder workshops will be conducted across Noongar Country in April and May. If you would like to know more about these workshops or the work going into developing these Cultural Advice Policies, please contact Tony Walley by phone on (08) 9358 7400, or via email on: Tony.Walley@noongar.org.au

Review of the Aboriginal Heritage Act 1972

Ben Wyatt MLA, Minister for Aboriginal Affairs, has announced a review of the Aboriginal Heritage Act 1972, aimed at delivering modern legislation that operates in a way that meets the needs of all stakeholders. The review is a priority of the State Government and it aims to have amended legislation passed by both houses of Parliament by the end of 2020. The review will include three consultation phases:

Phase One

Release of a Consultation Paper to seek public comment on aspects of the Act as it operates now.

Phase Two

Release of Discussion Paper outlining proposals for public comment.

Phase Three

The draft legislation, or ‘Green Bill’, will be published for stakeholder and community consultation. The outcome of this consultation will inform the final version of the new legislation, which will be introduced into Parliament.

The first phase commenced on 8 March 2018 with the release of the Consultation Paper. The Consultation Paper consists of questions on key aspects of the Act to help identify the main issues, any gaps in the legislation, and ideas on what modernised legislation should set out to do and how it should operate in the interests of all stakeholders.

It is essential that the views and ideas of all interested persons and organisations are heard through this review process, and there are a number of ways to get involved. The Department of Planning, Lands and Heritage will be holding a series of workshops designed for Aboriginal people in each region to provide them with a culturally appropriate forum to have their say in the review.  All other stakeholders will be provided with opportunities through broader workshops to be held in key locations and in Perth. The dates and locations of the workshops can be found on the review’s web page (www.daa.wa.gov.au).

In addition to the workshops, submissions can be made by completing an online survey, writing a submission or sending an email.  Details are included in the Consultation Paper or on the review’s web page (www.daa.wa.gov.au).

The closing date for submissions for this first phase of the consultation process is Friday 1 June 2018. Please follow the links above to find out how you can have your say.

 

second round of Elders workshops for cultural advice policy

Each of the six Noongar Regional Corporations that will be created as a part of the South West Native Title Settlement will be required to implement a Cultural Advice Policy to provide ongoing support to cultural governance and decision-making within the Corporations.

SWALSC is conducting a round of meetings with Elders across Noongar Boodja to discuss:

•       Background (SWALSC and Rule Book)

•       Establishment of the six Regional Corporations

•       Cultural Advice Policy

•       Elders (definition, understanding, culturally, historically)

•       Elders in contemporary society

•       Cultural Governance, Authority and Decision-making

•       Communication

•       Administration and Support

•       Open Discussion

•       Feedback & Summary

•       Next Steps

Meeting dates

• Kwinana / Rockingham, 10am, Wednesday 7 February 2018, Medina Aboriginal Corporation, 13 Leasham Way, Medina.

• Busselton, 10am, Saturday 10 February 2018, Busselton Esplanade Hotel, 30 Marine Terrace, Busselton.

• Katanning, 10am, Monday 19 February 2018, Katanning Leisure Centre, 4 Pemble Street, Katanning.

• Gnowangerup, 10am, Tuesday 20 February 2018, Gnowangerup Sporting Complex, Strathaven Road, Gnowangerup.

• Esperance, 10am, Wednesday 21 February 2018, Lotteries House, 3 Forrest Street, Esperance.

• Kojonup, 10am, Wednesday 28 February 2018, Kodja Place, 143 Albany Highway, Kojonup.

• Mt Barker, 10am, 1 March 2018, Community Resource Centre, 1 Lowood Road, Mt Barker.

• Albany, 10am, 2 March 2018, Motel Le Grande, 479 Albany Highway, Albany.

If you are not able to attend the Elders Forums, but would like to know more about the formation of the cultural advice policies, please contact Tony Walley, Cultural Governance Manager at SWALSC, on (08) 9358 7423 or 0477 711 628, or by email at: tony.walley@noongar.org.au 

Public Information Forums

SWALSC is holding six Community Information Forums about the progress of the South West Native Title Settlement since the Authorisation Meetings held in early 2015. The Forums will provide the Noongar community with the opportunity to ask questions about where we have been, and where we are going. The Forums are not Claim Group Meetings, so any Noongar person who lives nearby is welcome to attend. Light refreshments will be provided.

Albany Forum, 14 October 2017, 10:30am-12:30pm, Motel Le Grande.

Busselton Forum, 21 October 2017, 10:30am-12:30pm, Busselton Youth & Community Centre.

Bunbury Forum, 28 October 2017, 10:30am-12:30pm, Bunbury Regional Entertainment Centre.

Northam Forum, 4 November 2017, 10:30am-12:30pm, Northam Town Hall.

Moora Forum, 11 November 2017, 10:30am-12:30pm, Moora Recreation Centre.

Cannington Forum, 18 November 2017, 10:30am-12:30pm, Canning Town Hall.

Revitalising Working Party Meetings

SWALSC is undertaking a project to revitalise Working Party Meetings by contacting Working Party Family Representatives who are not attending Working Party Meetings regularly, so that we can understand why they are not able to attend and see if we can work together to increase the number of Representatives participating in the meetings.

Working Parties make important decisions about Native Title Future Acts and Culture and Heritage matters, and the new Standard Noongar Heritage Agreement has made their role in preserving Noongar heritage more important than ever.

As elected representatives of the Noongar families, Working Party Family Representatives play an important role in representing their family's voice in decision making, and sharing information about the decisions Working Parties make with their family and community networks.  That is why it is important that Working Party Family Representatives attend Working Party meetings on a regular basis.

If you are a Working Party Family Representative who is finding it difficult to attend Working Party meetings, please phone SWALSC on 9358 7400 so we can work together to ensure your family is represented in the important work the Working Parties do on behalf of Noongar people.

NAIDOC Week Events

Naidoc Family Day - Town of Bassendean - Thursday 6 July

The Town of Bassendean will be hosting a NAIDOC Family day at Ashfield Reserve, 10:30am - 3pm, Thursday, 6 July 2017. Bring the family to one of Perth's biggest and best National NAIDOC Week events for a fantastic day of performance, cultural celebration, health and community information stalls, jobs expo, and more. Everything is FREE. Join up for ongoing event updates. Proudly presented by Town of Bassendean and Derbarl Yerrigan Health Services Inc.

Implementation of the Noongar Native Title Agreement Back on Track

Statement from the CEO

When I last wrote to you on 2 February 2017, I explained the outcome of the court case brought by Mingli McGlade, Margaret Culbong, Mervyn Eades and Naomi Smith (the McGlade applicants) to prevent the Registrar of the National Native Title Tribunal (NNTT) from considering the Whadjuk, Ballardong, South West Boojarah and Wagyl Kaip Indigenous Land Use Agreements (ILUAs) for registration.

I then promised you that SWALSC would take every step necessary to ensure that the decisions made by the Noongar community at the six authorisation meetings would be honoured, so that all six Noongar ILUAs could become registered.

Where have we been?

In 2015, all six Noongar claim groups approved the negotiated agreement with the State Government and authorised the registration of all six ILUAs with the NNTT.

Lawyers acting for the McGlade applicants argued in court that irrespective of the fact that all six authorisation meetings voted to approve the Agreement, and irrespective of the fact that the meetings directed the Noongar ‘Named Applicants’ to sign the ILUAs on behalf of the groups, every single Named Applicant should also have signed the ILUAs before they could be submitted to the NNTT for registration.

SWALSC opposed the McGlade applicants in court by arguing that the five out of 44 Named Applicants who did not sign the ILUAs should not be able to veto the decisions made at the authorisation meetings.  SWALSC’s argument was supported by a ruling of the Federal Court in 2010 known as the ‘Bygrave’ decision, which held that if at least one of the Named Applicants signed an ILUA after it had been properly authorised, then the ILUA could be registered.

The Full Bench of the Federal Court decided in the McGlade decision that the way the Native Title Act was interpreted in the Bygrave decision was incorrect, and that all Named Applicants are required to sign an ILUA before it can be presented to the Registrar of the NNTT for registration.

What did we do?

Since February, all of us at SWALSC have been working hard to find a path forward to honour the decisions made by the Noongar community at the six authorisation meetings.

We sought legal advice, and formed a view on the best path forward.  We decided that the Native Title Act should be amended to restore the way the Act was interpreted before the McGlade decision.

SWALSC worked with the other Native Title Representative Bodies across Australia to find agreement on this solution and to approach the Commonwealth government to amend the Native Title Act.

The Commonwealth government agreed that the Act should be amended.  They understood that the McGlade decision invalidated over one hundred other operational ILUAs across Australia and had the effect of giving one Named Applicant the ability to veto a decision made by an entire Native Title Claim Group by refusing to sign an ILUA after it had been agreed to.

The Commonwealth government introduced a bill into the Australian Parliament to amend the Native Title Act.  A round of Senate committee hearings were then held to examine the bill, and SWALSC made written and oral submissions to these hearings.

We also met with members of the Commonwealth government, the Opposition, and the State government to ensure that all parties understood the importance of the proposed changes to the Noongar people.

We explained that the amendments to the Native Title Act were necessary to restore the ability of Aboriginal people to decide for ourselves how we make decisions about native title matters.

We also made it clear that the negotiated agreement will deliver a solid base on which the Noongar community can come together to heal our families, heal our country, strengthen our culture, and build a strong future for all Noongar people.

On 14 June 2017, the bill to amend the Native Title Act passed through both Houses of Parliament with the support of the government and the opposition.

What is the path forward?

Once the bill is proclaimed by the Governor General and becomes law, then the four Noongar ILUAs that were the subject of the McGlade decision will be resubmitted to the Registrar for consideration for approval.

This means that the agreement between the Noongar people and the State is now back on track towards implementation.

There will still be some administrative and legal hurdles to overcome before the agreement and the ILUAs become fully operational, but this is an important step towards honouring the decisions made by the Noongar community at the 2015 authorisation meetings.

We will post a newsletter to all SWALSC members in the coming weeks with more detail on the next steps towards implementation.

Thank you for your ongoing patience and support while we work through these issues.

Wayne Nannup

CEO