Extended invitation for all Noongar people to attend the SWALSC general meeting as observers

Kaya,

As you may know, SWALSC is holding a general meeting on Thursday, 27 May 2021 at the South Perth Community Centre. To see the notice and agenda that SWALSC provided to all members, click here.

Pursuant to our rule book, general meetings are open to all members of SWALSC. However on this occasion the directors have extended a wider invitation to all Noongar people who are beneficiaries of the Noongar Charitable Trust, to attend as observers.

Noongar people who attend as observers will not be permitted to comment or ask questions. Additionally, while we fully expect the venue to have room for everyone, if COVID restrictions are exceeded, SWALSC members will be given priority.

Should you have any questions as to if you are a beneficiary, please contact SWALSC on 9358 7400.

Thanking you

Brendan Moore, Chairperson

Nominations re-opened for Noongar Directors for the Noongar Advisory Company

The Nominations Committee has re-opened nominations for two (2) Noongar Directors for the Noongar Advisory Company.

The Noongar Advisory Company will guide the operations of the Noongar Boodja Trust. If you are a leader in your field, a director with at least five years’ experience, and have a genuine desire to contribute to the social and economic advancement of the Noongar Community, please lodge your expression of interest by 5pm on 4 June 2021.

These positions are currently only open to Noongar People. Please follow the link below to find the application pack with further information.

To download the application pack with further information click here.

Call for nominations for regional corporation initial directors

As part of the process towards pre-incorporation, SWALSC is conducting a 2nd round of nominations for the initial directors of each of the six regional corporations.

Nominations close: 4 June 2021

Click here to download a nomination pack.

Six pre-incorporation meetings will be held later this year, following a series of rulebook workshops and 16 community information sessions held by SWALSC over the last few months.

Nominees will put their names forward to be considered by the pre-incorporation meetings as the ‘initial directors’ of the regional corporations. These initial directors will be responsible for opening up the regional corporations for new members to join.

The initial directors will then call elections for the first four ‘member-elected directors’. Those member-elected directors will appoint one of them to be the chairperson of their regional corporation. They will then appoint two more directors, known as ‘expert directors’ who will bring additional skills to the boards of the regional corporations.

Nominations are open to any eligible member who is interested in putting their name forward to be considered by the pre-incorporation meetings. All directors must meet high standards of experience and suitability, as set out in the ILUAs and the draft rule books (available on the SWALSC website).

In 2018, SWALSC facilitated the first round of nominations for the initial directors. The people who nominated and were found to be eligible will remain as ‘director nominees’ to be considered for selection at the pre-incorporation meetings. They do NOT need to lodge a new nomination.

Click here to download a nomination pack, and call SWALSC on 9358 7400 if you wish to discuss your eligibility or ask any other questions.

Notice of SWALSC general meeting

Date: Thursday, 27 May 2021

Time: 10.00am – 1.00pm

Venue: South Perth Community Centre, South Terrace & Sandgate Street, South Perth

AGENDA

Welcome and opening

Presentation of findings from independent review and valuation of El Caballo properties

Questions and comments

Meeting closure

Note: The general meeting has been called in response to a written request from a number of members dated 8 January 2021 under section 201-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006. No resolutions will be moved at the meeting.

The general meeting is for members of the corporation only and any non-member wishing to attend as an observer must apply in writing to the corporation and be approved to attend by a resolution of the directors. Pursuant to rule 8.12, a member is not entitled to appoint a proxy to attend and vote on their behalf at a general meeting.

No travel allowance is available to attend the general meeting. Light refreshments provided.

First payments to Noongar Boodja Trust welcomed

The first contributions from the State of Western Australia to the Noongar Boodja Trust under the historic South West Native Title Agreement have been made.

Acknowledging the payments, South West Aboriginal Land and Sea Council Aboriginal Corporation Chairperson, Brendan Moore, said it was a significant milestone for the Noongar Nation.

“The payments that have been made by the State to the Noongar Boodja Trust on 22 April 2021 are the first of many benefits that will flow to Noongar people under the settlement,” Mr Moore said.

“The first of twelve annual payments of $50 million have been paid into the Future Fund. This money is managed by the Perpetual Trustee Company and will be protected so that all future Noongar generations will be able to benefit from the settlement,” Mr Moore said.

A further $10 million has been deposited into the Operations Fund—an annual payment also for 12 years.

The money paid into the Operations Fund will be used to fund the operations of the six Noongar regional corporations and the central services corporation that will be established as part of the settlement.

These payments integrate Noongar into the mainstream economy as never before and provide opportunities for economic development and a greater role in decision making about land.

SWALSC is currently holding community information meetings across the South West to progress the establishment of the six regional corporations and the central services corporation.

“I encourage all Noongar people to attend these meetings to find out more about the settlement and the establishment of the regional corporations and central services corporation,” Mr Moore said.

It is anticipated the six Regional Corporations will be established by September 2021.

New leadership team at SWALSC

The South West Aboriginal Land and Sea Council (SWALSC) is pleased to announce the appointment of a new chair and its new CEO.

Brendan Moore has been elected as the new chairperson of SWALSC following the resignation of Vanessa Kickett to take up an opportunity as the Implementation Manager at SWALSC.

Mr Moore is the member director for the Yued ward and was elected on 27 February 2021. He previously served for a term as a director until 2017. He was born and raised on Yued country and attributes his commitment to social justice to his elders, particularly his grandmother.

“I would like to thank Vanessa Kickett for her leadership at an important time in the implementation of the South West Settlement and wish her all the best in her new role,” Mr Moore said. “I also want to thank my fellow directors for their confidence in me. I will be working to ensure that the full benefits of the settlement are delivered for Noongar people.”

SWALSC is also pleased to announce the appointment of Ed Armstrong as its CEO. Mr Armstrong has extensive experience as a CEO and Chief Operating Officer and brings skills and experience that are critical to ensuring the successful transition of SWALSC to the central services corporation. He has previously worked with the Noongar community across the Great Southern Region in the training sector.

In accepting the position Mr Armstrong said, “I am excited and honoured to lead SWALSC through the implementation of the South West Settlement and the building of a central services corporation that will provide efficient and effective services to the Noongar regional corporations”. “I am personally looking forward to reconnecting with Noongar colleagues and friends along with developing new relationships across the broader Noongar community and key stakeholders”.

Mr Armstrong commences with SWALSC on Monday, 3 May 2021.

Media contact: Anthony Beven 0419 218 518.

Noongar Boodja Trust deed signed

On Monday, 29 March 2021, the directors of the South West Aboriginal Land and Sea Council Aboriginal Corporation (SWALSC) came together with representatives of the WA Government and Perpetual Trustees to sign the deed for the Noongar Boodja Trust.

The signing ceremony took place in the presence of The Honourable Kim Beazley AC, Governor of Western Australia, at Government House and Noongar elders who have committed decades of their lives’ work to the pursuit of justice for the Noongar community.

During the ceremony, the settlor for the trust deed, Mr Bill Lawrie; the Minister for Aboriginal Affairs, the Hon Stephen Dawson MLC; and SWALSC representatives Vanessa Kickett and Barry Winmar signed the trust deed and security deed documents.

The signing of the trust deed documents officially appoints Perpetual Trustees as the trustee for the Noongar Boodja Trust and signifies the trust effective date, or the date the trust commences.

The commencement of trust enables the benefits under the South West native title agreement to start flowing into the trust.

Following the signing of the documents, SWALSC Chairperson Vanessa Kickett made the following remarks:

“While the signing of the trust deed is a significant achievement, our work in creating the governance structures that will guide the implementation of the South West native title agreement has just begun.

“There is a lot more work for SWALSC to do in the next six months to establish the six Noongar regional corporations and gain the support of the Noongar community for SWALSC to become the central services corporation.”

“Today, I remember the Noongar elders who fought so long to win justice for our people and who passed before they were able to see this day come to pass.

“We pay our respects to their memory and honour the legacy they leave for our people.

“The path to date has brought many challenges, but we remain focused on honouring the vision of our ancestors, our elders and our communities, whose guidance and dignity inspire us to be strong and proud.

Media contact: Jai Wilson 0427 690 053.

Community Information Sessions

PURPOSE OF THE COMMUNITY INFORMATION SESSIONS

Commencing early April, the South West Aboriginal Land and Sea Council Aboriginal Corporation (SWALSC) will convene sixteen community information sessions throughout the south west to provide information on the implementation of the Noongar settlement agreement. These are not decision-making meetings, they are informational only.

These sessions will cover the agreement and transition process. Multiple meetings will be held for each of the six Noongar agreement group areas and you only need to attend one of the meetings.

WHO SHOULD ATTEND?

The community information sessions are open to all Noongar people, including those who are not members of SWALSC. You must only attend the community information sessions for the agreement group areas that you identify with.

Meeting dates

Each Noongar agreement group area will have multiple sessions in a few different places. There will be multiple sessions for each agreement group, but the content presented will be the same at each so you only need to attend one.

All meetings are from 10am till 4pm.

WAGYL KAIP AND SOUTHERN NOONGAR MEETINGS

KATANNING Wednesday, 7 April
Katanning Leisure Centre, 4 Pemble St, Katanning

ALBANY Thursday, 8 April
Centennial Stadium, 156 Lockyer Ave, Albany

PERTH Thursday, 15 April
Mills Park Centre, 86 Brixton St, Beckenham

SOUTH WEST BOOJARAH MEETINGS

BUSSELTON Monday, 12 April
Esplanade Hotel, 30-38 Marine Tce, Busselton

MANJIMUP Tuesday, 13 April
The Roundhouse, 80 Rose St, Manjimup

PERTH Thursday, 22 April
Mills Park Centre, 86 Brixton St, Beckenham

YUED MEETINGS

MOORA Monday, 19 April
Moora Recreation Centre, Roberts St, Moora

PERTH Tuesday, 20 April
Mills Park Centre, 86 Brixton St, Beckenham

GNAALA KARLA BOOJA MEETINGS

BUNBURY Wednesday, 28 April
SW Italian Club, 13 – 19 White St, East Bunbury

NARROGIN Thursday, 29 April
John Higgins Community Centre, 50 Clayton Rd

PERTH Thursday, 6 May
Mills Park Centre, 86 Brixton St, Beckenham

WHADJUK MEETINGS

CANNINGTON Monday, 3 May
Mills Park Centre, 86 Brixton St Beckenham

BIBRA LAKE Wednesday, 5 May
Wetlands Centre, 184 Hope Rd, Bibra Lake

BALLARDONG MEETINGS

BROOKTON Monday, 10 May
WB Eva Pavilion, Brookton Highway, Brookton

KELLERBERRIN Tuesday, 11 May
Kellerberrin Rec Centre, 94 Massingham St

PERTH Thursday, 13 May
Mills Park Centre, 86 Brixton St, Beckenham

AGENDA ITEMS

10.00AM WELCOME AND APOLOGIES

• Nomination and appointment of Chair

• Opening and welcome

• Acknowledgements and one minute silence

• Code of conduct

10.10AM

• Introduction and meeting protocols

• Photographs and video permission

• Importance of feedback on the meeting

10.20AM TRANSITION PROCESS

• Timeline of settlement agreement

10.40AM REGIONAL CORPORATIONS

• Rule book workshop feedback

• Cultural advice policy

• Interim directors—nomination, appointment and role

• Membership drive

12.30 LUNCH

1.00PM NOONGAR BOODJA TRUST UPDATE

• Trust effective date

• Terms of trust deed, including trustee remuneration

• Noongar Advisory Company and trust committees

2.30PM CENTRAL SERVICES CORPORATION (CSC)

• CSC transition program

• Draft CSC cultural consultation policy

• Membership drive

• Staff recruitment

• CSC rule book

• CSC report

3.45PM GENERAL BUSINESS

• Question and answers

• Next steps

4.00PM MEETING CLOSED

Light refreshments will be provided at the sessions.

If you have any queries about the community information sessions, please contact the SWALSC office on (08) 9358 7400.

We look forward to seeing you at this important community information session.

Baldivis Farms Information Meeting

INFORMATION MEETING

An information meeting is being held for all Noongar people on Wednesday, 31 March 2021 regarding Noongar opportunities at Baldivis Farms.

BACKGROUND

Baldivis Farms is located on Eighty Road, Baldivis and consists of a greenhouse, packing shed and 21.7 hectares of irrigated agricultural land in the Gnaala Karla Booja agreement group area. The Commonwealth’s Indigenous Land and Sea Corporation (ILSC) purchased Baldivis Farms in 2020 and leased the greenhouse to Abundance Fresh Farms Pty Ltd (AFF) in September 2020.

Abundance Fresh Farms is owned by Abundance Produce Australia Pty Ltd (80%) and the Aboriginal Housing Recovery Centre Limited (20%). 

Abundance Produce is a majority owned Aboriginal agriculture and food supply business established in 2014 and has a 12,000sqm distribution centre in Canning Vale. It supplies and supports some of Australia’s largest companies such as Coles, Woolworths, Compass, Sodexo, Civeo, Brightwater and Qantas, and ten per cent of its workforce are Indigenous people.

The ILSC’s intention is to divest its interest in Baldivis Farms to an eligible Aboriginal community controlled entity.

PURPOSE OF THE INFORMATION 

The purpose of the meeting is to provide information to Noongar people regarding Baldivis Farms and consult with the Gnaala Karla Booja people regarding divestment of the properties. No decisions will be made at the meeting.

All Noongar people are welcome to attend but consultation regarding the divestment of Baldivis Farms will be restricted to those people identifying as Gnaala Karla Booja Noongar people, as defined in Gnaala Karla Booja Native Title Agreement Group Description - from Gnaala Karla Booja Indigenous Land Use Agreement (Schedule 2) of the Gnaala Karla Booja Indigenous Land Use Agreement.

WHERE

• Carnaby Hall, Mary Davies Library and Community Centre, 17 Settlers Avenue, BALDIVIS WA 6107 (map)

WHEN

• 11.30am - 2.00pm, Wednesday, 31 March 2021 

AGENDA 

1. The acquisition and ownership of Baldivis Farms (ILSC and SWALSC)

2. The management of Baldivis Farms and employment opportunities (Abundance Fresh Farms)

3. Consultation about the divestment of Baldivis Farms to an eligible Aboriginal community controlled entity (ILSC and SWALSC)

4. Visit to Baldivis Farms, Eighty Road, Baldivis (optional and own transport required). Directions and instructions on visiting Baldivis Farms will be provided at the meeting. (Abundance Fresh Farms)

Light refreshments provided. 

Due to COVID-19 restrictions there are limitations at the venue on the number of people able to attend the meeting. Priority will be given to Gnaala Karla Booja Noongar people and then to other Noongar people on a first arrived basis.

This meeting is facilitated by South West Aboriginal Land and Sea Council Aboriginal Corporation (SWALSC), Abundance Fresh Farms and the Indigenous Land and Sea Corporation.

Regional corporation rule book workshops

The next round of community meetings will be rule book workshops to consult with each of the six Noongar agreement groups about the name of their regional corporation and its rule book.

The rule book sets out the name of the corporation and governs how a corporation can be run—for example, how to elect directors and hold valid meetings. Having a rule book that is carefully followed and works well for a regional corporation is essential to maintaining good governance.

The rule book workshops will be convened for consultation purposes only, therefore no decisions will be made at the workshops. The purpose of the workshops is to assist the agreement groups to make amendments where necessary to ensure the draft rule books are relevant and reflect the agreement groups’ current aspirations. A series of community information meetings will follow the workshops to explain the draft rule books and other matters.

The rule book workshops are open to all Noongar people including those Noongar people who are not members of the SWALSC. As the workshops will be discussing the rule books for each regional corporation, you must only attend the meetings for the agreement group areas that you identify with. Light refreshments will be provided at the workshops.

If you have any queries about the rule book workshops please contact our office on (08) 9358 7400.

Wagyl Kaip & Southern Noongar rule book workshop

• 10am - 3pm, Tuesday, 16 March 2021.

South West Boojarah rule book workshop

• 10am - 3pm, Wednesday, 17 March 2021.

Ballardong rule book workshop

• 10am - 3pm, Monday, 22 March 2021.

Yued rule book workshop

• 10am - 3pm, Tuesday 23 March 2021.

Gnaala Karla Booja rule book workshop

• 10am - 3pm, Thursday, 18 March 2021.

Whadjuk rule book workshop

• 10am - 3pm, Wednesday, 24 March 2021.

Further details about the locations and agendas for rule book workshops, are found at the links in the calendar above.

Wagyl Kaip and Gnaala Karla Booja member directors announced

18 February 2021

The independent returning officer yesterday declared the results of the election for member directors for the Wagyl Kaip and Gnaala Karla Booja wards. The election follows no result from the 2020 election for both wards.

Laurence Riley was declared elected as the member director for the Wagyl Kaip ward and Roger Pickett for the Gnaala Karla Booja ward.

Mr Riley said that he was grateful to the members of the Wagyl Kaip ward for putting their confidence in him to progress the implementation of the South West native title settlement.

“There has been a lot of hard work, sacrifice and commitment in getting the deal this far, and I give my undertaking to give every effort in seeing the vision of my old people brought to life.  The deal may not be what some people hoped to receive but it’s all we have right now, and if strategically implemented, all Noongar people and communities will benefit from what’s available to them,” Mr Riley said.

“My priorities will be to re-instil the principles of trust, honesty, and transparency back into the organisation from all stakeholders, but most importantly regain the trust from our people, the Noongar people of this great nation,” Mr Riley said.

“Providing opportunities for decisions made through greater consultation and inclusion will ensure ownership from the people. If we can re-unify our communities, then the opportunities will be endless. I’m looking forward to my term, and to bring about a brighter future for all for many years to come,” said Mr Riley.

Mr Pickett thanked the SWALSC members of the Gnaala Karla Booja ward for their support.

“I would like to say how grateful and appreciative I am of having been given the opportunity to represent our people from the GKB ward,” Mr Pickett said.

“I would like to thank all the members who took the time to vote, twice. I would also like to congratulate the nominees who stood for election as director for GKB and pay my respects for the ongoing contribution they make to our community,” Mr Pickett said.

“I am, and will continue to be, fully committed to giving my all to what is right for us as a people and will do my upmost to help achieve this through my leadership whilst bringing everyone on the journey together equally,” said Mr Pickett.

SWALSC Chairperson, Vanessa Kickett, congratulated Laurence Riley and Roger Pickett on their election and welcomed them as directors.

“I would like to congratulate Laurence Riley and Roger Pickett on their election and welcome them both as directors for SWALSC.  I would also like to thank the other candidates who put themselves forward for consideration by our community,” Mrs Kickett said.

“The appointment of Mr Riley and Mr Pickett means that SWALSC now has a full complement of directors.  I look forward to working closely with all the directors as we work to implement the South West Settlement for the benefit of all Noongar People,” said Mrs Kickett.

Media contact: Jai Wilson 0427 690 053.

Calling for Expressions of Interest

NOONGAR BOODJA TRUST

In preparation for the establishment of the Noongar Boodja Trust, the Nominations Committee of the Noongar Boodja Trust is calling for expressions of interest from people who would like to nominate to the Investment Committee and also the Noongar Advisory Company.

INVESTMENT COMMITTEE DIRECTORS

The Investment Committee will guide and review the investment decisions of the Trustee. When the Noongar Corporations Committee (NCC) is established, the NCC will nominate two (2) Noongar members to the Investment Committee. Currently, four vacancies exist for two (2) independent property experts; and two (2) independent investment experts.

You can download the expression of interest packs for the Investment Committee Directors here: 

·      two (2) independent property experts; and 

·      two (2) independent investment experts.

NOONGAR ADVISORY COMPANY

This Company will transition to the Noongar Trustee in 12 years’ time. It will advise the Trustee in managing Noongar assets and play a significant role in fostering mutual respect and co-operation, building relationships between the Noongar Community and the Trustee.

You can download the expression of interest packs for the Noongar Advisory Company here:

·      two (2) Independent Directors; and 

·      two (2) Noongar Directors.

For More Information

Visit www.fdio.com.au/noongar to download the Expression of Interest packs for each of the roles, and the Noongar Boodja Trust Community Guide for more information about eligibility and criteria for available positions.

Applications close Friday 26 February 2021

Yued member-elected director announced

Brendan Moore has been elected unopposed as the member-elected director of SWALSC for the Yued ward.

The independent Returning Officer declared Mr Moore elected after conducting a nominations process for the ward after no nominations were received for the ward in the 2020 elections.

Mr Moore has served previously as a member-elected director for the Yued ward and brings this experience with him to the role.

Mr Moore was born in Moora, in the heart of Yued Boodja, and grew up on a farm in Dandaragan with his four siblings. Brendan has a Bachelor of Applied Science, a Masters of International Studies, and is an Associate Fellow Australian Institute of Management.

Brendan is committed to taking a hard line against racism, encouraging opportunity, sticking up for the oppressed, and empowering his fellow countrymen.

“I thank the Yued people for supporting my nomination as the Yued member-elected director, and with your continued support and trust, the future is ours for the taking. I know we can do anything if and when we work 100% together,” Brendan Moore said when informed of his election.

SWALSC Chair, Vanessa Kickett welcomed Mr Moore’s election, “I welcome Brendan Moore to the board of directors for SWALSC, and look forward to working closely with him and the other directors as we work to implement the South West Settlement for the benefit of all Noongar People”.

The election for the remaining two member-elected directors for the Gnaala Karla Booja and Wagyl Kaip wards are currently underway, with ballot papers and declarations due to be returned to the independent returning officer by 12.00pm on 16 February 2021. 

Enquiries about the elections for the member-elected directors for the Gnaala Karla Booja ward and Wagyl Kaip ward should be directed to the independent returning officer, Mr Thomas Darbyshire, Returning Officer, C/- Edwards Mac Scovell, Level 1, 8 St Georges Terrace Perth WA 6000, (08) 6245 0222, Tom.darbyshire@emslegal.com.au.

Contact: Jai Wilson, 0427 690 053

Listening Meetings

PURPOSE OF THE MEETINGS:

1. How did we get here?

• Background of the South West Settlement and the Noongar Boodja Trust and what they will deliver for Noongar people

• An explanation of the High Court decision that resolved five years of appeals against the registration of the ILUAs

• The Noongar governance structure for the South West Settlement.

2. Where do we go from here?

Information about the steps that will need to be taken this year to establish the Noongar governance structure, including the six regional Noongar corporations, and to transition to the new structure.

3. Have your say

Tell us what are the priorities for you and your community and how information can be provided to you.

25 January 2021

Director election update

The election process under the SWALSC rule book for member directors for the Yued, Wagyl Kaip and Gnaala Karla Booja wards was re-commenced in December 2020. The independent Returning Officer has released the following statement in relation to elections for the Wagyl Kaip and Gnaala Karla Booja wards. A further announcement is expected in relation to the Yued ward. 

“I, Thomas Darbyshire have been appointed by SWALSC to be Returning Officer for the director elections for the Wagyl Kaip and Gnaala Karla Booja wards. As more than one eligible nomination has been received for each of these wards, a postal ballot will be undertaken.

The mailout of ballot papers to members of the Wagyl Kaip and Gnaala Karla Booja wards will occur in the week commencing 25 January 2021. Members will receive an election pack containing a reply paid envelope for the return of ballot papers and voter’s declarations. Ballot papers and declarations must be returned to me by 12.00pm on 16 February 2021, after which time I will be undertaking the counting of the votes and the declaration of the election results.

Enquiries about the ballot should be directed to myself, Thomas Darbyshire, Returning Officer, C/- Edwards Mac Scovell, Level 1, 8 St Georges Terrace Perth WA 6000, (08) 6245 0222, Tom.darbyshire@emslegal.com.au.

Thomas Darbyshire

25 January 2021”

23 December 2020

Nominations open for member-elected director for Yued ward

The three-year term for the Yued ward member-elected director expired at the SWALSC AGM on Monday, 16 November 2020.

Nominations are now open for candidates who are members of SWALSC and registered in the Yued ward and will close 12pm, 13 January 2021.

Candidate nominations must include an acceptable national police clearance which is no more than 12 months old and meet the other requirements set out in the election notice and candidate pack that can be downloaded at the this link. The SWALSC election rules can be found at this link.

For more information, please contact the Returning Officer, Thomas Darbyshire, by email to tom.darbyshire@emslegal.com.au or by phone (08) 6245 0222.

Click on this image to download the candidate information pack.

SWALSC welcomes High Court decision to clear the path to implement the South West Native Title Settlement

South West Aboriginal Land and Sea Council Chair Vanessa Kickett has welcomed today's decision by the High Court of Australia to dismiss all special leave applications challenging the registration of the six Indigenous Land Use Agreements (ILUAs), that form the South West Native Title Settlement.

The High Court’s decision means that all avenues for review of the Native Title Registrar’s decisions to register the ILUAs in October 2018, have now been exhausted.

The decision clears the path for the conclusive registration of the six ILUAs that underpin the agreement negotiated by the Noongar people and the State of Western Australia.

This negotiated agreement will resolve all native title claims in Noongar country in exchange for a package of land and other benefits worth around $1.3 billion for Noongar people.

SWALSC will now begin the work of preparing for the implementation of the negotiated agreement including the transition to a Central Services Corporation and the creation of six Noongar Regional Corporations that will represent the rights and interests of the Noongar people.

Comments attributed to SWALSC Chair Vanessa Kickett:

“I am delighted that the High Court has decided today to dismiss the applications for special leave to appeal.

“The High Court’s decision today brings to a close five years of appeals to the negotiated agreement that was accepted by the Noongar people in six authorisation meetings in 2015.

“Today I remember the Noongar Elders who fought so long to win justice for our people and who passed before they were able to see this day come to pass and I pay my respects to their memory and the legacy they leave for us.

“On behalf of the SWALSC Board, I ask the Noongar community to accept today’s decision and come together with us as we begin the nation-building task we have ahead of us.

“The path to date has brought many challenges, but we remain focused on honouring the vision of our ancestors, our elders and our communities, whose guidance and dignity inspire us to be strong and proud.

Media contact: Jai Wilson 0427 690 053 or jai.wilson@noongar.org.au

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”