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LETTER OF TRANSMITTALThe Honourable Jenny Macklin MP Minister for Families, Housing, Community Services and Indigenous Affairs Parliament House CANBERRA ACT 2600

30 September 2011

Dear Minister,

I am pleased to present the 2010-11 Annual Report for Queensland South Native Title Services Limited (QSNTS).

This report is provided in accordance with the Australian Government’s Department of Families, Housing, Community Services and Indigenous Affairs 2010-11 general terms and conditions relating to the native title funding agreements under the Native Title Act 1993 (Cth), s203FE(1). The report includes independently audited financial statements for the financial year ending 30 June 2011.

Thank you for supporting the work of QSNTS.

Yours sincerely,

Colleen Ma’run Wall Chairperson Queensland South Native Title Services

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PERFORMANcE REPORT ..................................................................................18 • Performance Review ..........................................................................................................19 • Statutory Services ..............................................................................................................20 • Capacity Development ......................................................................................................20 • Reform ...................................................................................................................................21 • Organisational Capacity ....................................................................................................23 • Outputs .................................................................................................................................24 • Narrative Claim Performance Reports ...........................................................................25 • Future Acts ...........................................................................................................................41 • Financial Performance Report .........................................................................................43

cORPORATE REPORT ....................................................................................... 45 • Governance ..........................................................................................................................46 • Executive Management......................................................................................................46 • Board of Directors ..............................................................................................................46 • Planning and Reporting .....................................................................................................47 • Risk Management ...............................................................................................................47 • Ethical Standards ...............................................................................................................48 • Remuneration of Staff ........................................................................................................48 • External Scrutiny .................................................................................................................49

HuMAN RESOuRcES REPORT ...................................................................... 50 • Workforce Planning, and Staff Retention ......................................................................51 • Learning and Development ...............................................................................................52 • QSNTS Enterprise Agreement 2009-2011 .................................................................52 • Workplace Health and Safety ..........................................................................................52 • Consultants, Competitive Tendering and Contracting ...............................................53 • Looking Ahead: Human Resources for 2011-2012 ...................................................53

FINANcIAL STATEMENTS .................................................................................54

INdEx ....................................................................................................................79

TABLE OF cONTENTSLETTER OF TRANSMITTAL .................................................................................. i

TABLE OF cONTENTS ..........................................................................................1

GLOSSARy .............................................................................................................3

cONTAcT dETAILS ...............................................................................................5

cHAIRPERSON REPORT .....................................................................................7

cEO REPORT .........................................................................................................8

QSNTS OvERvIEw .............................................................................................10 • Region ...................................................................................................................................11 • Background ..........................................................................................................................12 • Role ........................................................................................................................................12 • Vision and Values ................................................................................................................12 • Functions ..............................................................................................................................13 • Key Features and Structures ............................................................................................14 • Strategic Plan ......................................................................................................................15 • Statutory Services ..............................................................................................................16 • Capacity Development ......................................................................................................17 • Reform ...................................................................................................................................17 • Operational Plan .................................................................................................................17

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GLOSSARy• Applicant – the person or persons authorised

by the native title claim group to represent the group in matters arising under the Native Title Act 1993 (Cth) in relation to the native title determination application.

• Authorisation – the process (usually in the form of a meeting) that a native title claim group uses to give permission to deal with matters arising in relation to that application, including a determination application.

• Claim – an application for a determination of native title, a revised determination of native titile, or a compensation application under s61 of the Native Title Act 1993 (Cth). Also referred to as a native title determination application or a native title application.

• Native title – the communal, group or individual rights and interests of Aboriginal Peoples and Torres Strait Islanders in relation to land and waters, where the rights and interests are possessed under the traditional law acknowledged and the traditional customs observed by the group or individual concerned. The Native Title Act 1993 (Cth), or Native Title Act, refers to the legislation recognising these rights and interests by the Federal Court of Australia.

• State of Queensland – the Queensland State Government and principal respondent party to a native title determination application. Also referred to as ‘the State’.

CEO Chief Executive Officer

CFO Chief Financial Officer

CMT Case management team

FaHCSIA Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs

ILUA Indigenous land use agreement

NNTT National Native Title Tribunal

NTSCorp Native Title Services Corporation (New South Wales)

NTA Native Title Act 1993 (Cth)

NTDA Native title determination application

NTRB Native title representative body

NTSP Native title service provider

PBC Prescribed body corporate

PLO Principal Legal Officer

QSNTS Queensland South Native Title Services Limited

TRIM Total Records Information Management

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cONTAcT dETAILSQSNTS Brisbane Head Office AddressLevel 4, 370 Queen Street Brisbane, Q 4000 PO Box 10832, Adelaide Street Brisbane, Q 4000

P 07 3224 1200 | 1800 663 693 F 07 3229 9880 E reception@qsnts.com.au W www.qsnts.com.au

QSNTS Annual Report contactMedia and Communications Officer, Sophia Walter.

Annual Report PhotographyDi O’Rourke Hank Wymarra Andrew Fahey Amy Humphries Lars Falcongreen Carbon Media Sophia Walter Matt O’Rourke

cover ArtistYalenguya (Sharon McAvoy)

design and layoutSuckerPunch Design

Copyright QSNTS 2011

ExEcuTIvE REPORTS

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cHAIRPERSON REPORTOn behalf of the newly formed Board of Directors, I have the pleasure of presenting the Queensland South Native Title Services 2010-11 Annual Report.

The reporting year has brought in tremendous change for the governance of QSNTS, with a transition in structure introducing five new Board members – Arabella Douglas, James William, Michael Cawthorn, Bernie Yates and myself. Our new Board reflects the growing maturity of QSNTS by bringing together experts in legal, anthropological, government and corporate backgrounds. Importantly, three members of our Board are Indigenous – Arabella is a Bundjalung woman from far north New South Wales, James a Kulkalgal man from Brisbane, and I am from the Dauwa Clan of the Kabi Kabi Nation from the Tiaro / Gigoomgan region.

A number of significant events have characterised the 2010-11 financial year. Firstly, the introduction of the Federal Court’s prioritisation system introduced new, strict timelines and increased time pressures with the goal of addressing lengthy claim processes. This has intensified QSNTS operations and placed much pressure on the legal and research staff.

A second major event was the National Native Title Conference which QSNTS co-convened with the Australian Institute of Aboriginal and Torres Strait Islander Studies in June. Hosted by the Turrbal, Jagera, Yuggera and Ugarapul Peoples at the Brisbane Convention Centre, it was an inspirational opportunity to share the stories, trials and tribulations of native title from across the country. Many commented on the success of the Conference and others agreed the packed agenda kept everyone very busy during the days although many of us went away feeling there was not enough time to enjoy being together.

Finally, the end of financial year was celebrated with an outstanding event – the Quandamooka People’s native title consent determinations on 4 July 2011. I must acknowledge the incredible efforts of QSNTS during this reporting period and their ability to achieve the region’s first native title determinations. The Quandamooka People joyously welcomed all visitors including five Directors to North Stradbroke Island for the celebration. It was both an honour and a pleasure to be there to celebrate such a momentous occasion with many old friends.

I must take this opportunity to thank Eddie Senatore the former Chairperson for his professionalism and leadership in placing QSNTS in the successful operational framework it is in today. I am grateful to be taking over the Chair of such a well oiled operation. Thank you, Eddie, for the support and organisational leadership over this period.

I thank QSNTS for their hard work, dedication and professionalism in attaining the achievements they have in the past year. I also thank the other members of the Board for their hard work and constant networking. As a committed and enthusiastic team we look forward to working with the QSNTS staff to achieve traditional owners’ native title aspirations in Queensland South.

Yours faithfully

Colleen Ma’run Wall Chairperson Queensland South Native Title Services

cEO REPORTThe 2010 – 2011 financial year was tumultuous to say the least. It spanned from the highest statutory highs – the native title consent determinations for the Quandamooka People – to the lowest operational lows – the forced closure of the QSNTS head office for a week as a result of the devastating Brisbane floods in January... Then there was everything in between!

Summary of significant issues and developmentsSignificant developments in QSNTS’ statutory services were characterised by major achievements in the pursuit of native title recognition on a number of claims. Most notable was the first recognition by the Federal Court of Australia of native title in the Queensland South region at the beginning of the 2011-12 financial year. The Quandamooka People’s 16 year battle for native title recognition was a momentous celebration.

Another major achievement was the negotiation of historic Indigenous Land Use Agreements between the Gangulu Nation and Wadja People and the Queensland and Commonwealth Governments. The agreements will allow for up to 44 new homes and a drug and alcohol residential rehabilitation facility to be built in the central Queensland town of Woorabinda over the next ten years. QSNTS facilitated the certification and registration of the ILUAs.

The reporting period also saw several QSNTS-commissioned connection reports delivered and accepted by the State, and substantive negotiations towards consent determinations on a number of claims. Specific information on these can be found in the Narrative Claim Performance Reports on page 26.

Balancing the positive news is news of the challenges which lead QSNTS to withdraw from a small amount of claims for a number of reasons. A comprehensive analysis of QSNTS’ performance can be found on page 18. We are looking forward by establishing a new unit, the Client Relations Unit, which aims to improve communication between clients and QSNTS.

A highlight of the 2010 – 2011 reporting period was QSNTS’ role as co-convenors (with the Australian Institute of Aboriginal and Torres Strait Islander Studies) of Australia’s largest annual Indigenous policy conference, the National Native Title Conference. More than 600 delegates attended to engage in debate about reform of the native title process.

OutlookWe are looking forward to an equally exciting 2011 – 2012 financial year with high expectations to deliver more results for traditional owners in the region. Consent determinations are anticipated for at least four claims.

The establishment of the Client Relations Unit and a satellite office in Rockhampton underpin a renewed focus on client satisfaction, particularly as connection reports are delivered to claim groups and the importance of client relationships increases.

Finally, I would like to acknowledge the hard work that Eddie Senatore our former Chairperson put into QSNTS from incorporation back in 2005 right through the operational amalgamation in July 2008 to the point where a new professional Board was appointed. Thank you, Eddie, for the support and organisational leadership over this period.

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I thank the Board, Staff, clients and stakeholders over the financial year and very much look forward to working together in the next financial year to achieve our Vision of realising Traditional Owners’ aspirations....

I submit the CEO Report for your consideration.

Kevin Smith CEO Queensland South Native Title Services

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QSNTS OvERvIEw

Director Bernie Yates Director James William

Director Michael Cawthorn

Director Arabella Douglas

Chairperson Colleen Wall

Chief Executive Officer Kevin Smith

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Mt Isa

Birdsville

Rockhampton

Bundaberg

Quilpie

Brisbane

NORTH wEST REGION

SOuTH wEST REGION

SOuTH EAST REGION

NORTH EAST REGION

charleville Roma

St George

SOuTH cENTRAL REGION

QSNTS Ltd is a public company limited by guarantee under the Corporations Act 2001 (Cth). It is governed by the QSNTS Constitution that specifies that the objective of the company is to provide native title services to the Traditional Owners of the land and waters in the Queensland south area.

In light of further amendments, QSNTS is now one of the country’s largest native title organisations, servicing over half the state of Queensland. A regional presence is maintained with offices located in Bundaberg and Mount Isa and the Head Office located in Brisbane.

ROLEQSNTS is the Native Title Service Provider (NTSP) for the southern half of Queensland.

QSNTS is a company limited by guarantee, funded under s 203 FE (1) of the Native Title Act 1993 (Cth) to carry out the functions of a representative body as prescribed in the NTA.

QSNTS provides the full range of statutory services through Native Title Claims (NTDAs), Future Acts, Indigenous Land Use Agreements, Capacity Development and Reform.

vISIONRealising Traditional Owners’ aspirations to land and waters through professional native title services.

vALuESAt QSNTS we recognise and respect cultural and other diversity.

We provide culturally appropriate services in ways that are:

• Professional • Collaborative • Accountable • Openly communicated

BAcKGROuNdFollowing the High Court’s landmark Mabo and Others v Queensland (No 2) decision of 1992 which overturned the doctrine of terra nullius, the Native Title Act 1993 (Cth) (NTA) was passed. The NTA was established to provide a framework for Aboriginal Peoples and Torres Strait Islanders to gain recognition of their rights and interests to traditional lands and waters. As a consequence, a network of Native Title Representative Bodies (NTRB) and Native Title Service Providers (NTSP) was established throughout Australia to provide services in accordance with the NTA to assist Aboriginal Peoples and Torres Strait Islanders in pursuing recognition of native title rights and interests.

Since the passage of the NTA, various organisations have provided native title services for the southern region of Queensland. However, due to a number of legislative amendments and reviews, the Commonwealth Government withdrew its recognition of these organisations and native title services in the area ceased on 22 June 2005. Under s 203FE (1):

The Secretary of the Department may make funding available to a person or body, by way of a grant or in any other way the Secretary considers appropriate, for the purpose of enabling the person or body to perform, in respect of a specified area for which there is no representative body:

(a) All the functions of a representative body; or

(b) Specified functions of a representative body;

Either generally or in relation to one or more specified matters.

QSNTS Ltd was registered as a public company on 2 June 2005 by the Australian Securities and Investments Commission. Later that month, QSNTS was invited to apply for funding under s 203 FE (1) of the NTA by the Commonwealth Government. On 7 July 2005, the then Minister for Immigration, Multicultural and Indigenous Affairs granted funding to QSNTS as a Native Title Service Provider for the southern region of Queensland.

QSNTS is the native title service provider within the region displayed below. we aim to assist traditional owners in realising their aspirations to native title. To achieve this, our primary service is statutory assistance. we also seek capacity development opportunities and promote reform of the native title system.

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Chief Executive Officer Executive Assistant

Personal Assistant

Legal Support

Board of Directors

ChiefFinancial Officer

Principal Legal Officer

Deputy PrincipalLegal Officers

Case ManagementTeams

Capacity DevelopmentFuture Acts ClaimsSpecial Projects

HumanResources

CorporateServices ManagerFinance

AssetManagementCommunicationsRecords

Management

KEy FEATuRES ANd STRucTuRESOrganisational StructureQSNTS continues to make operational enhancements designed to improve service delivery and accountability. Below is the organisational chart, as at 30 June 2011.

S 203BG NotificationQSNTS ensures that notices that relate to the land and waters wholly or partly within the QSNTS region are brought to the attention of native title holders and claimants and advise them of relevant time limits to respond to such notices.

S 203BH Agreement MakingQSNTS participates as a party in Indigenous Land Use Agreements where appropriate, consulting with and having regard to the interests of native title claimants.

S 203BI Internal ReviewQSNTS provides a process whereby clients can seek review of the decisions and actions executed in the implementation of statutory services.

S 203BJ Other FunctionsQSNTS conducts other functions related to native title that aim to improve the native title system to deliver better results for traditional owners. Examples of these functions include reform, capacity development and negotiating agreements such as memorandums of understanding.

FuNcTIONSQSNTS provides native title services to Aboriginal Peoples and Torres Strait Islanders in the southern half of Queensland. The following primary functions of the organisation are prescribed by the Native Title Act 1993 (Cth):

S 203BB Facilitation and AssistanceQSNTS conducts or facilitates the research and preparation of native title applications and represents or facilitates representation in native title related proceedings. These include consultations, mediation, negotiations and proceedings relating to native title applications, future acts, Indigenous Land Use Agreements (ILUAs) and any other matter related to native title.

S 203BE certificationQSNTS certifies native title applications and applications for the registration of Indigenous Land Use Agreements.

S 203BF dispute ResolutionQSNTS provides assistance in promoting agreement between clients regarding native title applications by conducting consultations, negotiations, mediation and other native title and related proceedings. QSNTS provides mediation services between client groups regarding native title claim issues such as claim boundary overlaps and shared apical ancestors.

QSNTS staff volunteering at the National Native Title Conference: (back row) Kieren Gibbs, Michelle Nieuwkamp, Leah Campbell, Geoff Doring, Tim Wishart; (front row) Hank Wymarra, Sarada Rao, Merilyn Muirhead, Matthew Prior.

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Reform

Capacity Development

Statutory Services

Realising Traditional Owners’ aspirations to land and waters through professional native title services

STRATEGIc PLAN

QSNTS fulfils its functions through a service delivery model founded on the assertion that native title has a vital role to play in reducing the gap between Indigenous and non-Indigenous Australians. QSNTS takes an approach that aims to enhance Traditional Owners’ capacity for autonomy. Exercising their rights is fundamental to creating a sustainable future for Aboriginal Peoples and Torres Strait Islanders. QSNTS has developed a three pronged holistic service delivery model that includes; Capacity Development, Reform and Statutory Services. Each activity is as equally important as the other. QSNTS believes these activities must be equally harnessed to provide real outcomes for Traditional Owners.

OuR STRATEGIc PRIORITIES:1. Achieve positive and equitable

outcomes for claim groups through provision of statutory services

2. Build the evidence base and capacity for agreement making

3. Provide options and utilise alternative agreement procedures for resolution

4. Implement communication and business development strategy

5. Support QSNTS’ People to be the best they can be

STATuTORy SERvIcESTo deliver a complete range of statutory services to realise our clients’ aspirations.

Native Title claimsQSNTS provides legal representation and facilitation assistance to native title claimants by providing consultation, mediation, negotiation, agreement making and court appearances relating to their native title claim.

QSNTS also assists and facilitates research for and preparation of native title claims. This includes seeking evidence to determine ‘right people for right country’ and resolving disputes that may arise in identifying the claim group and certification of the claim for lodgement with the Federal Court.

Future ActsA future act is a proposed activity that may affect native title, for example mining, exploration, compulsory acquisition, tourism and other development. Under the Native Title Act 1993 (Cth) and Aboriginal Cultural Heritage Act 2011 (Qld), a registered native title claim has certain rights which include the right for Applicants (representatives of a native title claim) to be notified and consulted on future acts that may affect their native title rights and interests.

Most future acts are notified under section 24 of the Native Title Act. As the native title service provider for the region, QSNTS receives future acts notices and forwards them to the relevant native title claim Applicants. QSNTS provides registered Applicants with assistance in understanding the process so that they may comment or object to the proposed activities.

Activities such as mining, petroleum exploration and compulsory acquisition of land for non-government parties are notified under section 29 of the Native Title Act. Where a right to negotiate applies, QSNTS provides a service representing the registered native title Applicants in negotiation and arbitration of future acts if necessary.

Indigenous Land use Agreements (ILuAs)An ILUA is a negotiated agreement between native title groups and other parties (for example, government, pastoralists and utility companies) about the use and management of land and waters in a certain area. ILUAs are provided for under the Native Title Act. They are used as a mechanism to resolve certain native title issues through a negotiated process as an alternative to costly and time consuming litigation processes. A registered ILUA is legally binding for the parties to the agreement and native title holders.

QSNTS provides facilitation assistance and representation in negotiating, resolving and certifying registration of ILUAs.

Carnarvon Gorge

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OPERATIONAL PLANQSNTS’ operational outcome and output structure centres around Case Management Teams (CMTs). CMTs report monthly, identifying activity outcomes, activity history and activity commentary/outputs. This is then used to create a plan with specific milestones and targets (for example, two claimant meetings in August). The Chief Financial Officer uses the CMT reports to evaluate expenditure and determine a budget.

cAPAcITy dEvELOPMENTTo build the evidence base and capacity for agreement making.

QSNTS aims to promote its Capacity Development Program as an integral part of the broader native title process that enables Aboriginal Peoples and Torres Strait Islanders to enjoy an independent and enriched well-being.

QSNTS works in partnership with the Queensland Government’s Department of Employment, Economic Development and Innovation to provide Traditional Owners and their communities with opportunities and access to obtain knowledge, training and skills development. The program developed from solely focussing on deliverables associated with the Native Title process to investigating a capacity development alliance. As envisaged, this alliance has established a model which will see key stakeholders contribute to a wrap around service which focuses on the needs of the individual groups as well as exploring the regional opportunities available.

REFORMTo reform and improve the native title system.

QSNTS seeks to improve and reform the Native Title Act so that it delivers better outcomes for Traditional Owners by advocating for legislative and administrative reform of the native title system. Proposed legislative changes include reversing the onus of proof, disregarding extinguishment and streamlining the native title determination process. Proposed administrative changes include exploring broader land settlements, alternative procedure regimes and enhancing the ability of the Applicants to engage in the process.

PERFORMANcE REPORT

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PERFORMANcE REvIEwIntroductionThe 2010 – 2011 financial year was characterised by a number of exceptional and joyful achievements, right alongside the often cheerless challenges that working in the native title arena tend to throw in. This review analyses QSNTS’ performance during the reporting period according to the strategic and operational plans, that is, according to statutory services, capacity development, reform and organisational capability. Developments since the end of the financial year that affect QSNTS performance are incorporated throughout.

STATuTORy SERvIcESThe realities of working within the Federal Court of Australia’s new operating environment – both positive and negative – bore a major impact on QSNTS’ achievement of statutory services during the reporting period. A number of highlights have underscored the efforts of the QSNTS team:

• Four native title claims (Boonthamurra, Mardigan, Mithaka and Budjiti) were successfully taken out of Trial and put into a Federal Court independent expert process.

• Historic Land Use Agreements were negotiated between the Gangulu Nation and Wadja People and the Queensland and Commonwealth Governments. QSNTS facilitated the certification and registration of the ILUAs that will allow for up to 44 new homes and a drug and alcohol residential rehabilitation facility to be constructed in the central Queensland Aboriginal community.

• The Southeast Queensland Regional Research Project (SERRP) was launched as part of QSNTS’ regional strategy to resolve native title interests in Southeast Queensland. This research will allow a broad, objective and regional picture of native title in the area.

• Several native title claims represented by QSNTS moved closer to consent determinations, with connection material accepted by the State and significant breakthroughs in negotiations. These are identified in coloured boxes in the following Narrative Claim Performance Reports. The next big milestone for QSNTS is the Kalkadoon native title consent determination which is scheduled for December 2011.

• The first native title consent determinations in the entire QSNTS region were recognised by the Federal Court at the beginning of the 2011-12 financial year. The Quandamooka People achieved recognition of their native title rights and interests on 4 July 2011.

For the last three years, QSNTS has adopted a strategy of rigorously following the evidence to ensure that current and future native title claims are capable of being prosecuted to consent determination, particularly in relation to claim group description. This, along with the resources boom and consequent economic opportunities for traditional owner groups, the competitive legal representation market, and the pressure of the Federal Court’s prioritisation system, has posed some challenges to QSNTS statutory services.

These challenges are reflected by QSNTS’ withdrawal on a limited number of claims and by some negative feedback received from clients. The feedback has been across a range of matters, including claims not being progressed as quickly as expected and the organisation of meetings. Although this feedback is not unexpected in the current environment, QSNTS is committed to continuing to improve service delivery. These challenges have been addressed by establishing a dedicated Client Relations Unit, whose aim it is to address concerns and streamline processes for QSNTS clients. In addition, a “Compliments and Complaints” brochure was created during the reporting period, and plans are underway to establish a Rockhampton office to increase client contact.

cAPAcITy dEvELOPMENTIn partnership with traditional owner groups, regional agencies and the Queensland Government’s Department of Employment, Economic Development and Innovation, QSNTS’ capacity development program aims to provide opportunities in the areas of enterprise, education, training and employment. During the reporting period, QSNTS developed “programs of need” for nine traditional owner groups. A number of meetings were held to determine work plans and deliver workshops. In addition, QSNTS conducted two “Commitment to Capacity Development” workshops for QSNTS Community Relations Officers.

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QSNTS is proud to have published the QSNTS Native Title Handbook in May 2011. This is a guide to native title in the Queensland South region and an outline of the organisation’s work and goals. QSNTS has distributed the handbook widely and we hope recipients will keep the handbook as a reference for fundamental native title questions. It is complimentary to order from the website and at QSNTS events.

A major highlight of the year for QSNTS was the National Native Title Conference. QSNTS was delighted to co-convene the event alongside the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS). The event was hosted in June 2011 on the traditional lands of the Turrbal, Jagera, Yuggera and Ugarapul Peoples at the Brisbane Exhibition and Convention Centre. It drew almost 600 delegates including more than 70 traditional owners from throughout the Queensland South region who were sponsored by QSNTS to be part of the event with the goals of capacity development and community engagement.

REFORMQSNTS seeks to promote reform of the Native Title Act so that it delivers better outcomes to traditional owners. As well as co-convening Australia’s largest annual Indigenous policy conference, the National Native Title Conference, QSNTS continued to work in partnership with the National Native Title Council and other Native Title Representative Bodies and Service Providers to advocate for positive change. CEO Kevin Smith is Deputy Chairperson of this organisation.

Reform activity during the reporting period included the following:

• Presentation at Native Title Law Summit, 15-16 July 2010 CEO Kevin Smith delivered a paper titled, “Our Old People Are Dying” – A cry for broader land settlement and social justice not just native title claim disposition.

• Presentation at National Indigenous Lawyers and Law Students Conference 2010, 1-2 October 2010 PLO Shaz Rind delivered a paper discussing economic rights, mining agreements and future acts within the native title environment.

• Submission on Exposure Draft of the Indigenous Cultural Heritage Acts Amendment Bill 201, 23 February 2011 QSNTS has been involved in the public consultation process over the proposed amendments to the Aboriginal Cultural Heritage Act 2003 since the original Indigenous Cultural Heritage Acts Review Paper was published in September 2008. This submission makes comments about proposed amendments to the cultural heritage agreement making process, the transferring of the Minister’s decision-making powers to the Land Court, and submits that any amendment to the Act should expand the role Aboriginal people play in the protection of their cultural heritage.

• Keynote Address at National Native Title Conference, 1 – 3 June 2011 QSNTS Chief Executive Officer Kevin Smith exposed the ‘stark reality’ of native title in the Queensland South region in his keynote address at the National Native Title Conference in Brisbane. Kevin advocated for a number of vital reforms to the current system, outlining the factors at play in the region to exemplify his arguments.

• Presentations at National Native Title Conference, 1 – 3 June 2011 CEO, Kevin Smith, PLO Shaz Rind, Deputy PLO Tim Wishart, Senior Legal Officer Wati Qalotaki, Community Relations Officer Nelson Stacey, Capacity Development Coordinator Sharon McAvoy, Director Arabella Douglas and Chairperson Colleen Ma’run Wall presented at the Conference in a range of formats including dialogue forums, speeches and facilitation of Indigenous Talking Circles. Topics focussing on reform and improvement of the native title system included urban native title, proactive case management, native title benefits and youth participation.

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FAcILITATION ANd ASSISTANcE: Number 1. The claims ExperienceClaimant applications 28

Active claims represented at 30 June 2010 1

Plus claims filed by QSNTS 0

Less claims determined 0

Less claims dismissed 0

Less claims withdrawn 2

Plus or less any other 5

Active claims represented at 30 June 2011 23

Number of these claims registered by National Native Title Tribunal 23

Claims in development 17

Non-claimant applications 0

Compensation claims 0

2. The Agreements ExperienceFuture act notices received 1851

Responses to future acts 1851

Agreements concluded 20

Agreements in development 23

ILUAs concluded and registered 15

ILUAs in development 1

complaints and disputesComplaints received 17

Complaints resolved 17

Complaints pending resolution 0

Disputes relating to native title applications 0

Disputes relating to ILUA’s, rights of access and other matters 0

Requests for review of decisions not to assist 0

Requests received 0

Reviews completed 0

ORGANISATIONAL cAPABILITyIntense organisational planning in the previous financial year established a strong foundation for organisational capability during the reporting period. An emphasis on solidifying policies and procedures continues – a need that was highlighted during the devastating floods that swept through the state in December 2010 and January 2011. Three quarters of the state was declared a disaster zone and more than a third of the claim groups represented by QSNTS were affected by torrential rain and floods in December and January.

QSNTS’ headquarters, situated in a lower-lying section of Brisbane city, received no damage but was without power for days. Consequently the QSNTS server was unavailable and staff were limited in their capacity to work for around five days.

A Business Impact Analysis was conducted and a number of new measures implemented to address downfalls, in particular related to server management.

Throughout the year, QSNTS continued to recruit employees who have the skills, experience and disposition to provide services in the complex native title operating environment. In addition, the Governance of QSNTS has moved from prior Director arrangements to the appointment, during the reporting period, of five new Board members. Their input on the development of QSNTS policies and procedures has already been valuable.

In a FaHCSIA-commissioned review delivered to QSNTS in December 2010, our organisation was viewed as having performed well, having made “creditable achievements”. More details can be found on page 49. For specific details please refer to the Outputs table and Narrative Claim Performance Reports following.

OuTPuTS 2010-2011

Lagoon near Woorabinda, Central Queensland

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NARRATIvE cLAIM PERFORMANcE REPORTSThe solicitor on the record with oversight over all QSNTS claims was Principal Legal Officer Shahzad Rind.

North East RegionBarada Barna and Southern Barada Kabalbara yetimarla claimsThe Barada Barna People claim was registered during the reporting period. The QSNTS case management team for the reporting period included Legal Officer Paul Richards, Community Relations Officer Richard Sporne and Research Officer Sue O’Brien. The Barada Barna People native title claim is represented privately by external lawyers.

The area of the claim covers two native title representative bodies (North Queensland Land Council and QSNTS) and accordingly, pursuant to the Native Title Act, there was a necessity for an agreement between the two representative bodies before either would be able to act. An agreement was entered into during the reporting period and the CEO for QSNTS has conducted discussions with the Barada Barna People’s legal representatives as to conditions under which QSNTS would take over the role as legal representative.

Mediation will occur to further develop findings of a regional research report. A connection report commissioned by QSNTS is due for completion in June 2012.

darumbalThe Darumbal People native title determination application was filed with the Federal Court of Australia on 27 June 1997 and the Darumbal People #2 on 22 January 1999. The QSNTS case management team for the reporting period included Legal Officer Christie Groves, Legal Officer Peter Bishop, Community Relations Officer Nelson Stacey and Senior Research Officer Tony Eales.

QSNTS took over legal assistance for the Darumbal matters in 2008. As two of the longest running unresolved claims in the State of Queensland, the matters have been prioritised for expeditious resolution.

During the reporting period, mediation between the Darumbal Applicant and Indigenous respondent parties has had positive outcomes. In November 2010, a supplementary connection report was provided to the State. QSNTS has received a favourable opinion as to the strategic direction of the matters from Senior Counsel following the State’s response in March 2011.

Significant negotiations are still to be undertaken with the State and the matter has not yet been listed for trial.

ImanThe Iman People #2 native title determination application was filed with the Federal Court of Australia on 30 October 1997. The QSNTS case management team for the reporting period included Deputy Principal Legal Officer Tim Wishart, Community Relations Officer Kieren Gibbs and Research Officer Alex Crowe.

A number of meetings were held during the reporting period. An authorisation meeting at Rockhampton in June 2011 resolved to terminate QSNTS’ retainer.

KaringbalThe Karingbal People native title determination application was filed with the Federal Court of Australia on 30 November 2006 and the Karingbal #2 on 20 June 2006. The QSNTS case management team for the reporting period included Legal Officer Kay Whyte, Community Relations Officer Nelson Stacey and Research Officer Jacqui Hilton.

In late September 2010, QSNTS commissioned an anthropologist and a historian to prepare reports in relation to the Karingbal People and Karingbal #2 native title claims. The preliminary recommendations of the connection report were presented to the Applicant group in January 2011. Following a number of information and community meetings, the recommendations of the connection report were presented to the Karingbal People claim group for authorisation in March 2011.

The claim group submitted the connection report, historical report, statement of claim, and affidavits and statements in April 2011. From 15 June 2011, QSNTS ceased to act for the claim. The group have now sought independent legal representation.

Port curtis coral coastThe Port Curtis Coral Coast People native title determination application was filed with the Federal Court of Australia on 25 July 2001. The QSNTS case management team for the reporting period included Legal Officer Paul Richards, Community Relations Officer Nelson Stacey and Research Officer Andrew Fahey.

Tenure extinguishment and claim boundary description issues are ongoing for this claim and work is continuing to attempt to resolve them. After clear research material is obtained, a claim group meeting will need to be held to authorise this as a new claim.

The connection report was delivered to the State in late 2010 and the State responded in May 2011. The parties have conferred. Further research is to be completed and provided to the State in September 2011 and the State is to respond to that research in October 2011.

Port Curtis Coral Coast (PCCC)

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wulli wulliThe Wulli Wulli People native title determination application was filed with the Federal Court of Australia on 17 July 2000. The QSNTS case management team for the reporting period included Legal Officer Paul Richards, Community Relations Officer Hank Wymarra and Research Officer Alex Crowe.

QSNTS is awaiting the completion of a connection report for this claim. Ongoing workshops, mediation and meetings have been held during the reporting period to resolve connection issues. These were unsuccessful in resolving the issues.

Following attempts at mediation, QSNTS took the position that the connection issues needed to be resolved before an authorisation meeting could take place.

djaku-nde & Jangerie JangerieThe Djaku-nde & Jangerie Jangerie People (DJJ) native title determination application was filed with the Federal Court of Australia on 26 September 2000. The QSNTS case management team for the reporting period included Legal Officer Paul Richards, Community Relations Officer Hank Wymarra and Research Officer Alex Crowe.

A draft application report for this matter was received by QSNTS in 2010. Ongoing workshops, mediation and meetings have been held during the reporting period to resolve connection issues. These were unsuccessful in resolving the issues.

Belyando to dawson Rivers region / Gangulu PeopleThe QSNTS case management team for the Belyando to Dawson Rivers region during the reporting period included Legal Officer Peter Bishop, Community Relations Officer Hank Wymarra and Research Officers Sita McAlpine and Andrew Fahey.

In May 2011, representatives from the Wadja and Gangalu groups authorised an Indigenous Land Use Agreement to secure much needed social housing for the Wadja and Gangalu People residing in Woorabinda. The negotiation of this ILUA was considered a priority for QSNTS and significant resources were allocated to ensure a comprehensive consultative process to deliver community benefits to clients.

QSNTS is assessing the research material previously prepared in order to properly advise the traditional owners of the Belyando to Dawson Rivers region and to identify next steps and options available to the Gangalu people. QSNTS has commenced work to provisionally engage a consultant anthropologist to prepare a connection report.

wakka wakkaOn 4 November 2009, the Wakka Wakka People pre-authorised the lodging of two native title determination applications which, together, covered the area of the group’s former claim. The QSNTS case management team for the reporting period included Deputy Principal Legal Officer Tim Wishart, Research Officer Tony Eales and Community Relations Officer Kieren Gibbs.

Outstanding boundary issues have delayed formal authorisation of this claim. Mediation and meetings were convened in January and May 2011 by QSNTS. While an agreement in principle was reached, a definitive outcome was not reached until 28 May 2011 when a meeting of the claim group resolved to authorise three new claims comprising a core country claim and claims over two other areas. An authorisation meeting will be held to formally authorise those claims and the Applicant to represent the group.

wadjaThe QSNTS case management team for the Wadja People during the reporting period included Legal Officer Sheree Sharma, Community Relations Officer Hank Wymarra and Research Officer Dianne O’Rorke.

In May 2011, representatives from the Wadja and Gangalu groups authorised an Indigenous Land Use Agreement to secure much needed social housing for the Wadja and Gangalu People residing in Woorabinda. The negotiation of this ILUA was considered a priority for QSNTS and significant resources were allocated to ensure a comprehensive consultative process to deliver community benefits to clients. Positive relationships between QSNTS and the Wadja people developed during the negotiations of the ILUA will form a useful basis for the work required to begin the native title claim process.

QSNTS is assessing the research material previously prepared in order to properly advise the Wadja people and identify next steps and options available to the Wadja people. QSNTS will be meeting with a Wadja claim steering committee early in the 2011-12 financial year to provide a claim update and obtain instructions to progress this matter.

wangan and JagalingouThe Wangan and Jaqalingou People native title determination application was filed with the Federal Court of Australia on 27 May 2004. The QSNTS case management team for the reporting period included Legal Officer Geoff Doring, Community Relations Officer Hank Wymarra and Research Officer Dianne O’Rorke.

A senior anthropologist has been commissioned by QSNTS to review existing research and reports. It is hoped this review and supplementary report will clarify existing issues with the claim group and boundary descriptions.

The claim group has significant future act activity which is managed in part by QSNTS.

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North west RegionIningaiThe Iningai matter concerns the unclaimed area around Longreach, Barcaldine, Jericho, Muttaburra, and Aramac. The QSNTS case management team for the reporting period included Legal Officer Christie Groves, Community Relations Officer Richard Sporne and Research Officer Dianne O’Rorke.

At the request of individuals who claim to hold rights and interests in the unclaimed Iningai area, QSNTS has sought to undertake research for the purpose of advising on and potentially preparing a native title application.

A preliminary anthropological report was provided to QSNTS in March 2011. Due to a number of difficulties with the nature of research in the project area, QSNTS legal officers made an assessment in April 2011 that the Preliminary Report did not contain sufficient material for QSNTS to advise the Steering Committee and the wider traditional owner community on pursuing a native title application for the area.

In June 2011, a further senior anthropologist was engaged to complete preliminary research to finalise a claim group description, claim boundaries and other material necessary to allow QSNTS to provide advice on lodging a registrable native title claim for the area. This research is expected to be completed in the first half of the 2011-2012 financial year.

KalkadoonThe Kalkadoon People #4 native title determination application was amended and filed with the Federal Court of Australia on 14 December 2010. The QSNTS case management team for the reporting period included Legal Officer Andrea Olsen, Paralegal Officer Tim Madigan, Community Relations Officer Heather Andrews and Research Officer Jacqui Hilton.

In April 2010, the Federal Court issued extensive programming Orders for the filing of evidence and expert reports. Between June 2010 and October 2010 both expert and lay evidence was filed pursuant to the programming orders. In October 2010, the State and the Applicant agreed to the elements of a proposed “broader settlement package” and in March 2011, the Applicant and the State agreed to the terms of the draft consent determination (excluding schedules).

Significant amendments were made to the claim group description to include additional Kalkadoon apical ancestors identified in the research. Rights and interests were also amended and the Kalkadoon #4 and Kalkadoon #5 claims were combined. The amended Kalkadoon People #4 claim was accepted for registration on 15 March 2011. Negotiation of Indigenous Land Use Agreements with a number of respondent parties continued throughout the trial preparation and all claim resolution ILUAs are close to completion. During the course of the trial preparation, all Indigenous respondents withdrew or were removed as respondent parties. The number of respondents, generally, was also reduced. By March 2011, all parties indicated their consent to a determination of native title for the Kalkadoon People in the whole of their claim area.

On 7 March 2011 the trial dates were vacated and the matter was scheduled for a consent determination in Mt Isa on 12 December 2011.

Maiawali A new Maiawali People native title determination application has been authorised and will be lodged with the Federal Court of Australia after an outstanding issue relating to boundary alignment is resolved. The QSNTS case management team for the reporting period included Deputy Principal

Barcaldine country

Legal Officer Tim Wishart, Community Relations Officer Hank Wymarra and Research Officer Jacqueline Hilton.

Evidence gathering is an ongoing task. It is hoped a claim group meeting at Winton in September 2011 will identify further witnesses and resolve all outstanding matters preparatory to lodging the new claim.

MitakoodiWork is proceeding towards the identification of right people for country preparatory to lodging a native title determination application for the Mitakoodi People. The QSNTS case management team for the reporting period included Deputy Principal Legal Officer Tim Wishart, Community Relations Officer Kieren Gibbs and Research Officer Michael Thompson.

Two meetings have been held at Cloncurry with members of the Steering Committee who were appointed in May 2010. Ongoing issues around claim group membership have challenged the goal of lodging a claim.

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Pitta PittaThe Pitta Pitta People native title determination application was filed with the Federal Court of Australia on 27 September 1999. The QSNTS case management team for the reporting period included Legal Officer Craig Reiach, Community Relations Officer Richard Sporne and Research Officer Andrew Fahey.

Throughout the reporting period, mediation and conferences convened by the National Native Title Tribunal between the Applicant and the State resulted in the production of a ‘Program of Target Dates’ for a consent determination. Connection materials, including witness statements collected by QSNTS as further evidence of connection, were provided to the State.

At a Directions Hearing held in Brisbane on 7 March 2011, Justice Dowsett referred the matter to intensive case management by the Court. On 15 April 2011, the State informed QSNTS that, on the basis of the connection materials provided to it, there was sufficient evidence for the State to enter into substantive negotiations towards a consent determination.

A case management conference of all parties to the Pitta Pitta native title determination application took place Friday 24 June 2011 where a task list for progressing towards a consent determination by the end of June 2012 was settled.

Bularnu waluwarra & wangkayujuruThe Bularnu Waluwarra & Wangkayujuru People native title determination application was filed with the Federal Court of Australia on the 6 February 1997 and the Bularnu Waluwarra & Wangkayujuru People #2 on the 12 March 2002. The QSNTS case management team for the reporting period included Legal Officer Sheree Sharma, Community Relations Officer Richard Sporne and Research Officer Jacqui Hilton.

On 28 May 2010, the State of Queensland advised that the anthropological material prepared on behalf of the Bularnu, Waluwarra & Wangkayujuru (BWW) People provides sufficient evidence for the State to enter into substantive negotiations towards a

consent determination. The Parties were working towards a Consent Determination in October 2010 and had reached near final agreement on the form of the consent determination and Indigenous Land Use Agreements between the BWW claim group and respondent parties.

On 17 June 2011, two individuals asserting native title rights and interests in the BWW claim area filed a Notice of Motion with the Federal Court of Australia seeking to be joined as parties to the proceedings. The Applicant has attempted to address the assertions being made in mediation without success. A joint approach to further research to identify and assess any groups or individuals that assert native title rights in the BWW claim area is being considered and will be implemented once finalised.The Applicant has informed the Court that the resolution of these asserted interests will delay the making of the consent determination for 6-12 months.

QSNTS has also made attempts to resolve an asserted overlapping native title interest in the northern area of claim. Discussions are continuing with the State and other parties in regards to this issue and QSNTS is confident that resolution of this issue will not impact on the revised consent determination timeframe.

yullunaThe Yulluna People native title determination application was filed with the Federal Court of Australia on 1 June 2010. The QSNTS case management team for the reporting period included Legal Officer Craig Reiach, Community Relations Officer Hank Wymarra and Research Officer Andrew Fahey.

QSNTS commissioned a consultant anthropologist to produce a full connection report in relation to the Yulluna #3 claim, to be completed by 31 October 2011. His Honour Justice Dowsett made orders requiring this report to be provided to the State and interested parties by 14 November 2011.

wangkangurru / yarluyandiThe Wangkangurry / Yarluyandi native title determination application was filed with the Federal Court of Australia on the 21 August 1997. The QSNTS case management team for the reporting period included Legal Officer Craig Reiach, Community Relations Officer Allan Timms and Research Officer Andrew Fahey. The Wangkangurry / Yarluyandi native title claim is privately represented by external lawyers.

wangkamahdla / wangkamanaThe QSNTS case management team for the Wangkamahdla / Wangkamana People (W/W) during the reporting period included Legal Officer Peter Bishop, Community Relations Officer Hank Wymarra and Research Officer Jacqueline Hilton. There is currently no registered native title determination application for the group.

In August 2010, QSNTS wrote to the State of Queensland outlining a process to address the concerns raised by W/W People in relation to the Bularnu Waluwarra Wangkayujuru (BWW) claim.

Between November 2010 and March 2011, QSNTS undertook an in-house review of the research materials that were held by QSNTS to assess what research had been done and what material there was to substantiate their native title aspirations.

During the reporting period, QSNTS met with the W/W steering committee to discuss the research findings and to progress their native title aspirations in respect of the BWW claim area. In June 2011, the QSNTS claim lawyer ceased to assist the W/W due to a possible conflict of interest arising from the joinder of the W/W persons in the BWW proceedings. An external lawyer has been briefed by QSNTS to assist W/W in respect of their asserted interests in the BWW claim.

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South East RegionButchullaThe Butchulla People #2 and Butchulla Land & Sea Claim #2 native title determination applications were filed with the Federal Court of Australia on 27 November 2009. The QSNTS case management team for the reporting period included Legal Officer Wati Qalotaki, Community Relations Officer Richard Sporne and Research Officer Sue O’Brien.

During the reporting period, orders were made by the Court in July and December 2010 in relation to the conduct of connection were complied with. By December 2010, QSNTS had engaged a historian and an anthropologist to compose reports that would comprise part of the connection material to be provided to the State. The Butchulla Historical Report and Stage 1 of the Butchulla Anthropological Report were completed.

Field work and the remainder of the research in relation to connection is ongoing with the Applicant on track to deliver connection to the State by 18 November 2011.

K’gari, Butchulla Country

Gold coastThe Gold Coast Group native title determination application was filed with the Federal Court of Australia on 5 September 2006. The QSNTS case management team for the reporting period included Legal Officer Geoff Doring, Community Relations Officer Hank Wymarra and Research Officer Sue O’Brien. The Gold Coast group native title claim is privately represented by external lawyers.

QSNTS has commissioned a consultant anthropologist to undertake a connection report. It is due for completion on 9 September 2011.

JageraThe Jagera People #2 native title determination application was filed with the Federal Court of Australia on 12 November 2003. The QSNTS case management team for the reporting period included Legal Officer Paul Richards, Community Relations Officer Hank Wymarra and Senior Research Officer Tony Eales. The Jagera People native title claim is privately represented by external lawyers.

JinibaraThe Jinibara People native title determination application was filed with the Federal Court of Australia on 29 September 1998. The QSNTS case management team for the reporting period included Legal Officer Wati Qalotaki, Community Relations Officer Richard Sporne and Research Officer Tony Eales.

During the reporting period, a number of respondents were dismissed from the proceedings for non-compliance with Court orders. An application for joinder by Indigenous parties was also dismissed.

In November 2010, the Jinibara Applicant received advice that the State had accepted the Jinibara connection material and that the State was willing to enter into substantive negotiations towards a consent determination. The Court referred the matter to claims resolution mediation in the National Native Title Tribunal on 4 February 2011.

A consent determination in the matter is anticipated for June/July 2012. Negotiations in relation to a local government ILUA are also progressing with the parties planning for negotiations to be concluded and an agreement in principle being reached by October / November 2011.

Jinibara Country - Westride lookout D’aguilar Ranges National Park

Kabi Kabi / Gubbi GubbiThe QSNTS case management team for the Kabi Kabi / Gubbi Gubbi People during the reporting period included Legal Officer Geoff Doring, Community Relations Officer Richard Sporne and Research Officer Tony Eales. There is no claim currently registered for this matter.

During the reporting period, a consultant anthropologist was commissioned to conduct a connection report. A draft is expected to be finished by 30 November 2011.

Turrbal / yugurapulThe Turrbal People native title determination application was filed with the Federal Court of Australia on 13 May 1998. The QSNTS case management team for the reporting period included Legal Officer Andrea Olsen, Community Relations Officer Hank Wymarra and Research Officer Tony Eales. The Turrbal People native title claim is privately represented by external lawyers.

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QuandamookaThe Quandamooka native title determination application was filed with the Federal Court of Australia on 3 January 1995 and the Quandamooka People #2 native title determination application on 10 September 1999. The QSNTS case management team included Legal Officer Wati Qalotaki, Community Relations Officer Kieren Gibbs and Research Officer Tony Eales.

Substantive negotiations during the reporting period led to the first consent determinations in the QSNTS region, and the recognition of the Quandamooka People’s native title by the Federal Court of Australia on North Stradbroke Island on 4 July 2011.

Throughout the reporting period, negotiations and discussions in mediation at the National Native Title Tribunal continued in relation to the proposed Quandamooka consent determinations and ILUAs with the State and Redland City Council. The Quandamooka Applicant and Quandamooka Family Representatives Steering Committee (“QFRSC”) were involved on an ongoing basis throughout the year in meetings with QSNTS and mediation discussions with parties to the claim.

On 26 October 2010, an agreement in principle over the proposed ILUA with the State was fully executed. From November 2010, discussions with the Applicant and QFRSC commenced in relation to their draft prescribed body corporate (“PBC”) rules. The Applicant and QFRSC met to finalise and confirm decisions and instructions on the establishment and incorporation of their new PBC, the Quandamooka Yoolooburrabee Aboriginal Corporation (“QYAC”), and an application for incorporation was lodged by QSNTS with the Office of the Registrar of Indigenous Corporations (“ORIC”) by May 2011. QYAC was registered by ORIC on 2 June 2011.

On 2 April 2011, authorisation meetings were held on North Stradbroke Island in relation to amending the claims so as to enable them to be in the most appropriate form for the consent determination hearings. The claim group authorised amendments to the claim and provided instructions amongst other matters on the establishment of their agent PBC by the QFSRC.

The Quandamooka-State (Land & Sea) ILUA was fully executed on 15 June 2011 and full execution of the ILUA with Redland City Council occurred on 1 July 2011.

Southeast Queensland Regional Research Project (SERRP)During the reporting period, QSNTS initiated the Southeast Queensland Regional Research Project (SERRP) to conduct sufficient regional historical, anthropological and genealogical research to determine the extent of country, traditional boundaries and levels of society that exist in the region. This research aims to provide a broad, objective and regional picture of native title in the area. It is being conducted in stages by highly experienced and well-regarded experts in their fields.

Research spans the areas including, but not limited to, the asserted traditional land and waters of those Peoples who identify as Birinburra, Bullungin, Gambuwal, Githabul, Gugingin, Jagera, Kombumerri, Migunberri, Minjungbal, Mununjali, Ugarapul, Wangerriburra, Yuggera, Yugembeh, Kambuwal/Gambuwal.

Historical and genealogical reports are due for completion in October 2011 and preliminary anthropological reports are expected to be completed by December 2012.

GithabulThe QSNTS case management team for the Githabul People during the reporting period included Legal Officer Craig Reiach, Community Relations Officer Allan Timms and Research Officer Tony Eales. The Githabul #2 native title determination application was discontinued on 6 August 2010 with leave of the Court.

A judgment was handed down by Justice Collier in which Her Honour placed conditions upon any further claim being lodged over the Mt Lindesay area by the Githabul People. Before any new claim can be lodged, an expert anthropological report must be obtained specifically dealing with the issue of all Indigenous interests in the Mt Lindesay area, including those of the Githabul, Ugurapul and Mununjali Peoples. That report must be provided to the State and each party.

Following the discontinuance of Githabul #2, QSNTS initiated the Southeast Queensland Regional Research Project (‘SERRP’) in order to conduct sufficient regional historical, anthropological and genealogical research to determine the extent of country, traditional boundaries and levels of society that exist in the region. Although the SERRP is not specific to Mt Lindesay, it covers a broad region that includes Mt Lindesay and involves historical, genealogical and anthropological research into traditional owner groups that include Githabul, Ugurapul and Mununjali Peoples.

KamilaroiThe QSNTS case management team for the Kamilaroi People during the reporting period included Legal Officer Paul Richards, Community Relations Officer Richard Sporne and Research Officer Sita McAlpine. The Kamilaroi People have lodged a native title claim in New South Wales and are considering lodging a claim in Queensland.

QSNTS is not actively representing Kamilaroi but maintains a watching brief for any developments which may require action. Research material will be collected and referred in order to provide an update on developments.

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KoomaThe QSNTS case management team for the Kooma People during the reporting period included Legal Officer Peter Bishop, Community Relations Officer Hank Wymarra and Research Officer Sita McAlpine.

Ongoing tenure site visits and mediation meetings were held throughout the reporting period in relation to a Tenure Resolution ILUA with the State and Local Governments.

An authorisation meeting in December 2010 authorised certain members of the Kooma native title claim group to be the Applicant. The lodging of a new claim was also authorised at this meeting.

A connection report commissioned by QSNTS was submitted to the State on 5 August 2011 and the new claim is expected to be lodged in the first quarter of the next financial year.

MandandanjiThe Mandandanji People native title determination application was filed with the Federal Court of Australia on 6 November 2008. The QSNTS case management team included Legal Officer Kay Whyte, Community Relations Officer Hank Wymarra and Research Officer Diana Romano.

During the reporting period, the anthropologist commissioned by QSNTS undertook extensive field and desk research and presented preliminary research to the Applicant group. The connection report is due to be filed with the State by 30 September 2011.

QSNTS held two community meetings in late 2009 and 2010 to advise on the strategy recommended by the resulting report but the community failed to reach a consensus on how to move forward. Any plans to hold a further community meeting were put on hold while the Barunggum #2 claim (QUD 178/10) was active (lodged by a privately represented sub-group from the region). This claim failed the registration test in September 2010 and was finally dismissed by Justice Reeves in June 2011.

A community meeting was originally planned for June 2011 but was not held until July 2011. At the community meeting, representatives of a considerable majority of families in the region agreed to pursue a regional approach to native title and a steering committee was appointed to advise on matters while research to support a native title determination application was drawn up.

GunggariThe Gunggari People #2 native title determination application was filed with the Federal Court of Australia on 23 August 2001. The QSNTS case management team included Legal Officer Craig Reiach, Community Relations Officer Nelson Stacey and Research Officer Diana Romano.

During the reporting period, in compliance with Court Orders, the Applicant provided its connection report and supporting genealogical material to the State. Certain issues outlined by the State were discussed at a mediation in November 2010. Following this, the State provided the Applicant with a letter indicating the State was prepared to enter into substantive negotiation with a view to working towards a consent determination.

In December, a program of target dates was settled with a view to achieving a consent determination by the end of May 2012.

South central RegionBidjaraThe Bidjara People native title determination application was filed with the Federal Court of Australia on 23 July 2008. The QSNTS case management team for the reporting period included Legal Officer Paul Richards, Community Relations Officer Kieren Gibbs and Research Officer Michael Thompson. QSNTS ceased to act for the Bidjara People native title claim in July 2010 and the claim is now privately represented by external lawyers.

BigambulThe Bigambul People native title determination application was filed with the Federal Court of Australia on 14 April 2009. The QSNTS case management team for the reporting period included Legal Officer Geoff Doring, Community Relations Officer Kieren Gibbs and Research Officer Sita McAlpine.

A connection report commissioned by QSNTS was received and presented to the Applicant group on 18 June 2011.

In the new financial year, QSNTS were advised that the Applicant group were instructing private representation by external lawyers.

darling downs regionThe QSNTS case management team for the Darling Downs region included Legal Officer Paul Richards, Legal Officer Christie Groves, Community Relations Officer Kieren Gibbs and Research Officer Alex Crowe.

The Darling Downs Region involves the unclaimed area around Toowoomba, Miles, Dalby and Chinchilla. The region was previously the site of several unsuccessful sub-regional claims including Barunggam, Jarowair and Western Wakka Wakka Peoples. In 2009, QSNTS engaged an external anthropologist to consider the available research in the area and advise on a strategy for pursuing the recognition of native title in the region.

Balonne River Weir Mandandanji Country

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KullilliThe Kullilli People native title determination application was filed with the Federal Court of Australia on 23 March 2009. The QSNTS case management team included Legal Officer Paul Richards, Community Relations Officer Richard Sporne and Research Officer Diana Romano.

During the reporting period, an anthropologist was commissioned by QSNTS to prepare a connection report. This began with a conference of the Applicant group, representatives of the State of Queensland, the anthropologist and QSNTS legal personnel. The connection report was delivered to the State in late 2010 and the claim group is currently in negotiation with the State.

QSNTS is now working to produce affidavits with claimants in preparation for mediation with the State.

KunjaQSNTS is working with the Kunja people to prepare a Kunja People native title determination application. The QSNTS case management team during the reporting period included Legal Officer Sheree Sharma, Community Relations Officer Nelson Stacey and Research Officer Diana Romano.

QSNTS has engaged a senior anthropologist to prepare a full connection report for completion at the end of the 2011-2012 financial year. During the reporting period, the senior anthropologist and QSNTS staff met with members of the Kunja group to discuss the next steps in the native title claims process and collect the evidence needed for a native title claim. Witness statements were also taken from elderly members of the claim group.

MardiganThe Mardigan People native title determination application was filed with the Federal Court of Australia on 17 January 2007. The QSNTS case management team for the reporting period included Deputy Principal Legal Officer Tim Wishart, Community Relations Officer Allan Timms and Research Officer Michael Thompson.

South west RegionBoonthamurraThe Boonthamurra People native title determination application was filed with the Federal Court of Australia on 2 November 2006. The QSNTS case management team for the reporting period included Deputy Principal Legal Officer Tim Wishart, Community Relations Officer Allan Timms and Research Officer Michael Thompson.

An Applicant meeting was held in Roma on 21 August 2010 at which the Applicant instructed QSNTS that the group was willing to embark on a process under which a Court appointed expert would review the research material with a view to advising the Court as to whether there was sufficient evidence for a determination to be made. All parties to the matter were invited to be part of the review process but only the State of Queensland and the Boonthamurra People elected to be part of the process. A connection report and historical report were completed and drew favourable comment from the Court appointed expert and the State with some further issues outlined.

Ongoing research occurred throughout the reporting period including the collection of witness statements and field trips.

BudjitiThe Budjiti People native title determination application was filed with the Federal Court of Australia on 20 February 2007. The QSNTS case management team for the reporting period included Legal Officer Peter Bishop, Community Relations Officer Nelson Stacey and Research Officer Michael Thompson.

During the reporting period, the Applicant and the State agreed to a process for the appointment of a Court expert to consider the research material prepared in this matter. To date, the Court expert has not reviewed the QSNTS research material in this matter but their review is expected soon into the next financial year.

QSNTS continues to represent this group in future act matters and to send out future act notices to the Applicant, and to otherwise assist them in relation to future acts.

During the reporting period, the Applicant and the State agreed to a process for the appointment of a Court expert to consider the research material prepared in this matter with a view to advising the Court as to whether there was sufficient evidence for a determination to be made. To date, the Court expert has not reviewed the QSNTS research material in this matter but their review is expected soon into the next financial year. It is likely that further research, reporting and evidence gathering will be required.

QSNTS has provided assistance to the Applicant group in future act negotiations. In addition, QSNTS assisted the claim group to incorporate an Aboriginal Corporation to receive and administer money received from future act work.

MithakaThe Mithaka People native title determination application was filed with the Federal Court of Australia on 28 November 2002. The QSNTS case management team for the reporting period included Legal Officer Peter Bishop, Community Relations Officer Nelson Stacey and Research Officer Michael Thompson.

From July 2010 to January 2011, the Applicant (together with the State) agreed to a process for the appointment of a Court expert to consider the research material already prepared in this matter. In February 2011, a Court expert was appointed to inquire into and report on a variety of matters contained within their terms of reference which detail the elements required to prove native title.

wongkumaraThe Wongkumara People native title determination application was filed with the Federal Court of Australia on 11 March 2008. The QSNTS case management team included Legal Officer Kay Whyte and Research Officer Diana Romano. The Wongkumara People native title claim is represented privately by external lawyers.

During the reporting period numerous correspondences has been forwarded to their legal representatives for action. A connection report was filed in Court on 28 June 2011.

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Notifications Generally

Objection Applications

Tenement Type Total Number of Notices Received

Number of Notices (Groups represented

by QSNTS)

Type

EP RTNAuthority To Prospect (ATP / EPP) 36 0 0 36

Exploration Permit for Coal (EPC) 74 7 74 0

Exploration Permit for Minerals (EPM) 223 137 219 4

Mineral Development Lease (MDL) 0 4 0 0

Mining Lease (ML) 37 3 0 37

Petroleum Lease (PL) 9 0 0 9

Sales Permit (SP) 3 0 0 3

Total 382 77 293 89

Objection Application Status Number of Applications

Objection Lodged 67

Active Objection Applications 32

Finalised Objection Applications 71

Finalised Objection Withdrawn – Agreement

54

Finalised Objection Withdrawn – No Agreement (NTPCs)

3

Finalised Objection Dismissed 14

Agreement MakingNegotiations Negotiations

commencedNegotiations

FinalisedActive

NegotiationsTenements Abandoned

Authority to Prospect (ATP) 0 0 5 0

Exploration Permit (EPM and EPC) 18 20 18 2

Mining Lease (ML) 0 0 0 0

Other 0 0 0 0

Total 18 20 23 2

FuTuRE AcTSA future act is a proposal to do something that will affect native title, for example mining, exploration or development. Under s203BG of the Native Title Act, QSNTS is required to fulfil notification functions. The notification function seeks to ensure that as far as reasonably practicable, notices that are received by QSNTS that relate to the land and waters wholly or partly within the area represented are brought to the attention of native title holders or people who may hold native title and advise them of relevant time limits to respond.

Section 24 NotificationsSection 24 notifications refer to notifications sent by Government parties to notify native title parties of activities such as public infrastructure, Indigenous Land Use Agreements and reserve developments.

For the reporting period, QSNTS received a total of 1371 section 24 notifications. This is a 20% decrease from the amount received for the 2009/2010 financial year.

Section 29 NotificationsSection 29 notifications refer to notifications sent by the Government on behalf of non-government parties, for instance, mining companies to notify native title parties of activities such as mining, petroleum exploration and compulsory land acquisition.

For the reporting period, QSNTS received 382 section 29 notifications. This is a 13% decrease from the number received for the 2009/2010 financial year.

certificationUnder s203BE of the Native Title Act, a function of QSNTS’ role is to assist with the certification and registration process of native title applications and Indigenous land use agreements (ILUAs). QSNTS completed 6 certifications during the reporting period, related to the registration of five ILUAs and a native title determination application.

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FINANcIAL PERFORMANcE REPORTThe 2010/11 reporting period has seen a budget increase as a result of a 10% funding increase received from FaHCSIA. These funds were directed largely to three areas; Capital, achieving our first Consent Determination and a Trial.

Capital expenditure included updating our vehicle fleet, Information Technology and completing the ‘fit out’ of the extra office space we acquired. We achieved our first Consent Determination this period and also managed to have a trial vacated allowing this claim to head towards a Consent Determination. As a result we had a 60% increase in legal consultant expenditure.

Anthropological consultant costs reduced significantly due to the completion of a large number of connection reports. Once completed, these reports need to be reviewed by legal counsel and this has added to the increase in legal consultants.

Eighty five percent of objectives were completed or no longer applicable due to the States acceptance of connection during the reporting period. Subject to FaHCSIA approval all unexpended funds are taken up by accruals or commitments for the 2011/12 year.

QSNTS FuNcTIONS (FuNdS uTILISEd uNdER FuNdING AGREEMENT)

(1) AcTuAL 2009-10

(2) BudGET 2010-11

(3) AcTuAL 2010-11

(4) vARIATION(cOLuMN 3 MINuS

cOLuMN 2)

ExpenditureCapital 54,702 633,929 586,161 -47,768

Activities 5,649,983 8,207,797 6,994,257 -1,213,540

Corporate 2, 720,683 2,376,832 2,244,695 -132,137

Commitments 1,832,559 1,419,292 1,419,292

Total $10, 257, 927 $11,218,558 $11,244,405 $25,847

IncomeFaHCSIA Funding

Unexpended from previous year

8,254,277

2,338,936

8,742,314

2,375,322

8,742,314

2,375,322

Activity Generated Income

Interest

State Government

114,568

90,909

100,922 126,769 25,847

Total $10, 798, 690 $11,218,558 $11,244,405 $25,847Surplus/deficit - $540, 763

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cORPORATE REPORTGOvERNANcEQSNTS maintained its governance structure consisting of a Board of Directors and Executive. The Board has moved from an ‘external’ arrangement to the appointment of a new, ‘independent’ Board who have full responsibility for the organisation. Five Directors of the Board were appointed during the reporting period to achieve this.

ExEcuTIvE MANAGEMENTThe QSNTS Executive consisted of Chief Executive Officer Kevin Smith, Chief Financial Officer Paul Davies and Principal Legal Officer Shahzad Rind. The CEO is responsible for the leadership and management of QSNTS. The CFO is responsible for legislative and grant compliance, management of corporate and financial services and governance policy decisions. The PLO is responsible for managing the legal section of QSNTS and for ensuring the effective provision of QSNTS services to clients.

Wherever possible, the Executive meets weekly.

BOARd OF dIREcTORSAfter an intense phase of recruitment throughout the reporting period, Queensland South Native Title Services is pleased to announce the new Board of Directors. Colleen Ma’run Wall has accepted the role as Chairperson of the Board, and Michael Cawthorn and Bernie Yates joined Arabella Douglas and James William as Directors.

QSNTS’ Constitution outlines specific instructions for the composition of the Board of Directors. At least one third of the Board must be of Aboriginal and/or Torres Strait Islander descent (now more than half). The Board should reflect a thorough approach to native title in Queensland South by consisting of traditional owners and people from legal, anthropological, government and corporate backgrounds.

Six Board Meetings were held during the reporting period.

Chief Executive Officer, Kevin Smith

Chairperson of the Board, Colleen Ma’run Wall

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PLANNING ANd REPORTINGQSNTS’ Strategic Plan 2010 – 2013 guides the organisation’s strategic focus. QSNTS reviews its performance against the Operational Plan every four months, reporting to FaHCSIA tri-annually.

Case Management Teams hold monthly meetings to review their claims and budgets to determine if the milestones will be achieved. Each team member contributes to a regular claim update report which is delivered to the Principal Legal Officer.

Performance of claims is also monitored by the Federal Court of Australia’s assessment of the progress of native title determination applications. Claims are managed according to a strict schedule which is reviewed by the Court as often as required to ensure the timelines are met.

A Strategic Communications Report and Branding Guide were also produced during the reporting period to help define QSNTS’ communications focus and streamline communications activities.

RISK MANAGEMENTQSNTS undertakes a number of risk management strategies. The TRIM records management system allows for the secure storage of all documents. Security settings are continuously reviewed and updated ensuring employees only have access to documents relevant to their needs.

Following the Brisbane floods in January 2011, QSNTS reviewed disaster management practices. Procedures are now in place to address shortcomings highlighted by the disaster. These include additional offsite data storage of our computing system that will allow remote access for staff at all times. QSNTS changed information technology consultant services during the reporting period to ensure maximum value and quality.

QSNTS allocates 15% of its operational budget to the holding of events, ranging from large scale authorisation meetings to research field trips. Conducting seamless events allow us to maximise the transaction of business within budgetary and time

constraints. To address the risk of inefficiencies in our event management, during the reporting period we reviewed and updated relevant policies and procedures, and are creating two new specialist event coordinator positions in the coming year.

Managing risk is also integrated within aspects of Human Resources Management and includes the assessment of risk (identifying, analysis and prioritisation) and development of strategies to mitigate or control the risk. Part of this process includes workforce planning and providing dedicated structure around HR issues.

As a consequence, during this financial year, QSNTS introduced a number of key Human Resource Management policies and procedures that focussed particularly on building the capacity of QSNTS employees and Workplace Health and Safety. Documents approved by the executive included:

• Workplace Health and Safety Policy;

• Field Work Safety Policy and Procedure;

• Fire and Emergency Evacuation Procedure;

• Induction Program;

• Learning and Development Policy and Procedure; and

• Employee Performance and Development Process.

Workforce data and quarterly statistics are recorded in order to monitor trends and form the basis for Executive workforce planning and decision making. Risk management within HR is aided by the TRIM system. Accurate records are essential when managing issues such as remuneration, Industrial Relations and employment conditions. Adequate levels of Workcover are maintained at all times.

Exit interviews were conducted with all staff exiting the organisation during the period. Analysis was performed on the data and strategies were put in place to counter the risk of increased turnover. The improved employee retention rate since the first quarter indicates that these strategies have had a positive impact. It is acknowledged however, that more work needs to be performed in this area.

ETHIcAL STANdARdSAll QSNTS employees are expected to maintain high standards of integrity, honesty and fair dealing and to conduct themselves at all times so as to avoid actions which may adversely impact the interests or good standing of the organisation.

QSNTS’ Policy and Procedures Manual contains a Code of Conduct and other guidelines and policies which set out legal and ethical standards for employees. As part of performance management, employees are assessed against QSNTS values. More specifically, QSNTS employees are required to recognise and respect cultural diversity, and provide culturally appropriate services in ways that are:

• Professional;

• Accountable;

• Collaborative; and

• Openly communicated.

QSNTS treats breaches of ethical standards seriously and will discipline employees found to be in breach.

REMuNERATION OF STAFFRemuneration of staff is determined by the QSNTS Enterprise Agreement 2009-2011. Salary scales within the document correspond to a Competency Framework that outlines the Key Performance Indicators of each classification level. All QSNTS employees are engaged on a ‘performance based salary’ basis, which is designed to facilitate the provision of feedback to employees and managers, identify learning and development needs and assess staff performance.

Staff are entitled to up to two pay increases each year, subject to satisfactory performance. The first is an increment increase within their designated classification level on 1 July each year. The second is a percentage based increase, determined by the Enterprise Agreement, payable on 1 January each year.

Occasionally, new employees will agree to a common law contract that includes benefits that are in association with the provisions of the QSNTS Enterprise Agreement.

As QSNTS is considered a Public Benevolent Institution (PBI) by the Australian Taxation Office, the option to utilise salary sacrifice is available to all staff. Employees who choose to participate in the salary sacrifice scheme, facilitated by external supplier ‘Advantage Salary Packaging’, may gain significant additional benefits through taxation savings.

This remuneration strategy is ultimately designed to benefit QSNTS clients by ensuring that the organisation can attract and retain a skilled workforce and that staff are continually improving and delivering positive results.

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ExTERNAL ScRuTINyA review commissioned by QSNTS funding body, the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) demonstrated the Company is in “good shape” according to FaHCSIA Indigenous Programs Branch Manager Greg Roche. The Review of Governance, Performance, Financial Management and Program Funding Agreement Compliance of Queensland South Native Title Services (QSNTS) was undertaken by Mr Lex Dodd and delivered in December 2010.

Mr Roche congratulated QSNTS staff on their hard work in successfully coping with the pressures of the recent boundary re-alignment. The review included a number of recommendations, for example expanding the QSNTS Board, which have since been adopted.

HuMAN RESOuRcES REPORT

An annual audit was undertaken by Di Bartolo Diamond & Mihailaros and is appended to this annual report.

There were no judicial decisions or decisions of the Administrative Appeals Tribunal for the reporting period. A number of ministerial queries were received which were all responded to promptly.

QSNTS also benefited from scrutiny of native title representative bodies generally in a Client Satisfaction Survey conducted by Urbis and commissioned by FaHCSIA. It was an excellent opportunity to understand QSNTS’ primary stakeholders and the results and recommendations have guided QSNTS policy and procedures to pursue tailored service delivery and high levels of client satisfaction. The survey results confirm the very important role performed by NTRBs in the native title system and their key role in the Australian Government’s use of mediation as opposed to litigation as an effective mechanism to resolve native title claims.

National Native Title Conference

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wORKFORcE PLANNING ANd STAFF RETENTION In parallel with previous years, QSNTS has continued to grow and staffing numbers have now increased to 49. Compared to last year, the number of staff terminations more than doubled to 20, providing an overall turnover rate of 44.19%. Almost half of the total terminations occurred within the first quarter with significant improvement to the retention rate occurring towards the end of the financial year.

As a consequence, quite a number of recruitment exercises took place over the period that covered positions in both the corporate and legal arms of the organisation.

Perm. Temp. Male Female Full-time Part-time casual Indigenous Total

30 Sep 37 7 41% 59% 40 4 0 36% 44

31 dec 38 6 39% 61% 40 4 0 34% 44

31 Mar 37 7 45% 55% 40 4 0 36% 44

30 Jun 41 6 39% 61% 43 4 2 28.5% 49

LEARNING ANd dEvELOPMENTQSNTS is committed to providing learning and development opportunities to employees that are tailored to the needs of the individual and in accordance with the needs of the organisation.

Through this process, QSNTS seeks to achieve the following goals:

• Linking learning and development to all levels of corporate planning within the organisation to ensure that learning and development activities are relevant, effective and support QSNTS in achieving its objectives;

• Encouragement of employees to undertake learning and development that complements their current jobs and improves work performance;

• Improving employee job satisfaction and fostering greater commitment and loyalty;

• Assisting the organisation to be responsive to future needs;

• Developing better working relationships between management, supervisors and staff by encouraging a collaborative approach to identifying and addressing learning and development needs;

• Implementing a planned approach to learning and development to ensure that it is managed effectively and responsibly; and

• Improving organisational capability to enhance services to QSNTS clients.

QSNTS has continued its partnership with the Aurora Project this year with staff being involved with a number of learning and development opportunities that directly relate to Native Title. A further partnership includes the Metropolitan South Institute of TAFE, where nine QSNTS staff members have enrolled in a Diploma of Management, a Diploma of Project Management or a Certificate IV in Accounting.

QSNTS ENTERPRISE AGREEMENT 2009-2011This Agreement is due for renewal and negotiations began in April 2010 for a new Agreement. It is hoped that a positive outcome can be achieved by October 2011 to ensure that QSNTS maintains and exceeds client needs and expectations.

wORKPLAcE HEALTH ANd SAFETyA comprehensive audit was undertaken by Workplace Health and Safety Queensland in May 2011. The audit centred on five important workplace health and safety management system elements:

1. Management Commitment;

2. Consultation;

3. Safe Work Procedures;

4. Training and Supervision; and

5 Reporting Safety.

Each element was rated in two differing capacities: a Desktop Component where an assessment was made of QSNTS’ safety management system; and a Site Verification Component which tests the systems against work hazards. The audit resulted in exceptional results with QSNTS attaining a perfect score in six categories out of ten, and solid ratings in the remaining four. Identified deficiencies were remedied immediately.

During the period, staff participated in a number of ‘healthy lifestyle’ activities including influenza vaccinations and the Queensland Corporate Games held in May 2010. The majority of employees also qualified for an annual reimbursement of $100 which is provided to employees who make healthy lifestyle choices away from the workplace.

Research Officer Sue O’Brien congratulated by Senior Research Officer Tony Eales for the publication of her paper, Berajondo and Mill Point: remembering place and landscape in December 2010.

eDRMS & Information Management Administrator Sarada Rao was awarded Associate Professional membership to Records and Information Management Professionals Australasia in October 2010.

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cONSuLTANTS, cOMPETITIvE TENdERING ANd cONTRAcTINGFor the reporting period, QSNTS spent a total of $2, 545, 833.69 on consultants, of which $173, 621.55 was travel expenses. More than 50 consultants were contracted to undertake a range of work for QSNTS, including providing legal opinion, expert anthropology, project management and information technology services.

Legal Consultants - $1,387,825

Anthropological Consultants - $932, 375

Corporate Consultants - $52, 012

QSNTS complied with competitive tendering requirements and maintained a Register of Consultants.

LOOKING AHEAd: HuMAN RESOuRcES FOR 2011-2012It is hoped that more administrative support can be provided to the legal team via additional Para Legal positions. Career progression and succession planning will play a major role in future employment strategy along with an on-going commitment to employee learning and development.

An ‘employee engagement’ exercise has been earmarked as well as more team building activities. Initiatives such as these will encourage a motivated and focussed workforce, working as a team, and progressing in accordance with organisational objectives.

– Andrew McGill, Human Resources Officer

FINANcIAL STATEMENTS

Yulluna traditional owners Uncle Brian Sullivan, Auntie Valerie and Lauralee Punch on country with consultant anthropologist Peter Blackwood.

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TABLE OF cONTENTSdIREcTORS’ REPORT ...........................................................................................56

AudITOR’S INdEPENdENcE dEcLARATION ...................................................59

FINANcIAL REPORT• Statement of Comprehensive Income .............................................................................. 60• Statement of Financial Position .......................................................................................... 61• Statement of Change in Equity........................................................................................... 62• Statement of Cash Flows .................................................................................................... 63• Notes to the Financial Statements .................................................................................... 64

dIREcTORS’ dEcLARATION ................................................................................ 74

INdEPENdENT AudIT REPORT .........................................................................75

AudITOR’S dIScLAIMER OF AddITIONAL INFORMATION .......................... 77

AddITIONAL INFORMATION ................................................................................78

dIREcTORS’ REPORTQuEENSLANd SOuTH NATIvE TITLE SERvIcES LIMITEd ABN 88 114 581 556

Your Directors present their report on the company for the financial year ended 30 June 2011.

directorsThe names of the Directors in office at any time during or since the end of the financial year are:

Colleen May Wall Appointed 20 October 2010 Arabella Katrina Douglas Appointed 20 October 2010 James Rodney William Appointed 20 October 2010 Bernie Yates Appointed 14 March 2011 Michael Cawthorn Appointed 14 March 2011 Ezio Marco Senatore Retired 20 April 2011 Stephen David Richard Brennan Retired 2 February 2011 Mamun Faiz Rashid Retired 2 February 2011

Directors have been in office since the start of the financial year to the date of this report unless otherwise stated.

Information on directorsThe information on directors is as follows:

colleen May wall Chairperson

Colleen is an executive for the Aboriginal and Torres Strait Islander Women’s Legal and Advocacy Service and owns her own company, Wanyiram Pty Ltd, which provides arts industry expertise with the vision of ‘Spiritual Wellbeing for our People.’ Colleen has delivered community, youth and arts training to Aboriginal and Torres Strait Islander students and cultural training to Griffith University allied health students.

Arabella Katrina douglasArabella is a lecturer at Sydney’s University of Notre Dame, Director of Regional Services for the New South Wales Department of Human Services’ Aboriginal Housing Office, and she owns an Indigenous accommodation and events company called Connecting Dots Pty Ltd. Arabella is also currently undertaking an MBA with the University of New South Wales.

James Rodney williamJames is a Kulkalgal man from Brisbane with more than fifteen years of engagement experience working with Aboriginal and Torres Strait Islander people and communities. He has worked extensively in the public sector in key portfolio areas including public housing, vocational education and training, employment, economic development and Indigenous enterprise development. Previous private sector experience focused on the development and delivery of customised consulting services for the Indigenous services sector.

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Bernie yates Deputy Chairperson

Bernie currently works part-time as a volunteer or consultant, particularly with Indigenous organisations and government agencies to help improve how they work together. Before retiring last year from the Australian public service, Bernie worked in a range of Federal Government agencies with policy and service delivery responsibilities including treasury and employment and industrial relations; and in Indigenous affairs with ATSIC and FaHCSIA over the past decade.

Michael cawthornMichael is Deputy Director of the Museum and Art Gallery of the Northern Territory (MAGNT) Southern Region and the Strehlow Research Centre. He has previously worked as an anthropologist with the Strehlow Research Centre and the Ngaanyatjarra Council in Western Australia. Michael is the Manager of the Return of Indigenous Cultural Property (RICP) Program for the Northern Territory and Vice President of Museums Australia (NT).

Meetings of directorsDuring the reporting period the Board held six meetings. Details of attendance by individual Board members are provided below.

Attendance at Board and committee Meetings

Director ___________________________ Director ____________________________ Colleen May Wall Bernie Yates

Dated: ____________________________

Operating ResultsThe surplus for the financial year was $424,496 (2010 deficit of $174,427).

1 JuLy 2010 – 30 JuNE 2011

dIREcTORS dIREcTORS’ MEETINGS

Meetings Eligible to attend Meetings attended

Colleen May Wall 6 6

Arabella Katrina Douglas 6 6

James Rodney William 6 4

Bernie Yates 3 2

Michael Cawthorn 3 3

Ezio Marco Senatore 4 1

Stephen David Richard Brennan 1 0

Mamun Faiz Rashid 1 0

Principal ActivityThe principal activity of the Company is the relief of poverty, sickness, destitution, serious economic disadvantage, distress, dispossession, suffering and misfortune that face Aboriginal People by:

1) providing native title services to Aboriginal and Torres Strait Islander People in the southern half of Queensland as prescribed in the Native Title Act 1993 (Cth);

2) enhancing the capacity of Traditional Owners to be autonomous in pursuing their rights and interests; and 3) advocating for reform and improvement to the native title system.

ObjectivesShort-Term ObjectivesQSNTS aims to assist traditional owners to realise their aspirations to land and waters through the provision of statutory services, capacity development initiatives and system reform. The short to medium term focus of the organisation is the preparation, prosecution, negotiation and settlement of current and prospective native title claims. Supporting this objective is the development of traditional owner capacity to understand the native title process from start to finish, and advocacy of broader reform to achieve procedural and substantive outcomes that make the native title process more fair and equitable. QSNTS aim to expand the range of options available for the successful resolution of native title claims.

Long-Term ObjectivesThe long term objective of QSNTS is to expand the range of statutory services to both native title claimants and native title holders to ensure that traditional owners can harness the economic and social opportunities associated with native title whilst protecting, practicing and preserving their culture, rights and interests to land and waters for present and future generations.

Strategy for Achieving the ObjectivesQSNTS achieves short and long term objectives by implementing a business model based on multidisciplinary, professional case management teams. These teams work with appropriate external experts to develop, implement and review case plans, in consultation with clients and stakeholders, designed to gather credible and comprehensive evidence that achieves native title and related outcomes within designated timeframes.

Significant changes in State of AffairsNo significant changes in the state of affairs of the company occurred during the financial year.

contributions on winding upIn the event of the company being wound up, ordinary members are required to contribute a maximum of $10 each. The total amount that members of the company are liable to contribute if the company is wound up is $10, based on 1 current member.

Signed in accordance with a resolution of the Board of Directors:

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AUDITOR’S INDEPENDENCE DECLARATION

UNDER SECTION 307C OF THE CORPORATIONS ACT 2001 TO THE DIRECTORS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

I declare that, to the best of my knowledge and belief, during the year ended 30 June 2011 there have been:

• no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in relation to the audit; and

• no contraventions of any applicable code of professional conduct in relation to the audit.

PKF Di Bartolo Diamond & Mihailaros

Ross Di Bartolo Partner

Dated:

Di Bartolo Diamond & MihailarosAn Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au Level 7, 28 University Ave | Canberra City | Act 2601 GPO Box 588 | Canberra City | ACT 2601

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

PARTNERS: Ross Di Bartolo B.A (Accounting). FCA George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

STATEMENT OF cOMPREHENSIvE INcOME FOR THE yEAR ENdEd 30 JuNE 2011QuEENSLANd SOuTH NATIvE TITLE SERvIcES LIMITEd ABN 88 114 581 556

Notes 2011 2010$ $

RevenueRevenue from ordinary activities 2(a) 10,175,453 8,733,207

ExpensesEmployee benefits expense (4,183,155) (3,337,894)

Depreciation expenses (179,075) (110,720)

Other expenses from ordinary activities 2(b) (5,388,727) (5,459,020)

Profit/(Loss) from ordinary activities 424,496 (174,427)

Other comprehensive income - -

Net gain / (loss) on revaluation of non-current assets - -

Total comprehensive income - -

Profit / (loss) attributable to members 424,496 (174,427)

The accompanying notes form part of these financial statements

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STATEMENT OF FINANcIAL POSITION AS AT 30 JuNE 2011QuEENSLANd SOuTH NATIvE TITLE SERvIcES LIMITEd ABN 88 114 581 556

Notes 2011 2010$ $

cuRRENT ASSETSCash and cash equivalents 3 1,806,948 2,640,711

Trade and other receivables 4 246,708 158,344

TOTAL CURRENT ASSETS 2,053,656 2,799,055

NON cuRRENT ASSETSProperty, plant and equipment 5 1,470,572 1,191,522

TOTAL NON CURRENT ASSETS 1,470,572 1,191,522

TOTAL ASSETS 3,524,228 3,990,577

cuRRENT LIABILITIESTrade and other payables 6 579,703 737,450

Financial Liabilities 7 4,301 -

Provisions 8 220,898 202,615

Other Liabilities 9 705,945 1,461,258

TOTAL CURRENT LIABILITIES 1,510,847 2,401,323

NON-cuRRENT LIABILITIESProvisions 8 11,463 11,832

TOTAL NON-CURRENT LIABILITIES 11,463 11,832

TOTAL LIABILITIES 1,522,310 2,413,155

NET ASSETS 2,001,918 1,577,422

EQuITyRetained earnings/(Accumulated losses) 2,001,918 1,577,422

TOTAL EQUITY 2,001,918 1,577,422

The accompanying notes form part of these financial statements

STATEMENT OF cHANGE IN EQuITy FOR THE yEAR ENdEd 30 JuNE 2011QuEENSLANd SOuTH NATIvE TITLE SERvIcES LIMITEd ABN 88 114 581 556

Retained Earnings

Total Equity

$ $

Balance at 1 July 2009 1,751,849 1,751,849

Net Surplus for the year (174,427) (174,427)

Balance at 30 June 2010 1,577,422 1,577,422

Balance at 1 July 2010 1,577,422 1,577,422

Net Surplus for the year 424,496 424,496

Balance at 30 June 2011 2,001,918 2,001,918

The accompanying notes form part of these financial statements

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STATEMENT OF cASH FLOwS FOR THE yEAR ENdEd 30 JuNE 2011QuEENSLANd SOuTH NATIvE TITLE SERvIcES LIMITEd ABN 88 114 581 556

Notes 2011 2010$ $

cASH FLOw FROM OPERATING AcTIvITIESOperating grant and funding receipts 9,931,495 9,179,705

Receipts from customers 208,587 79,618

Interest received 92,810 63,276

Payments to suppliers and employees (10,587,824) (9,233,616)

Net cash provided by/(used in) operating activities 13(b) (354,932) 88,983

cASH FLOw FROM INvESTING AcTIvITIESPayment for property, plant and equipment (621,859) (196,094)

Proceeds from disposal of plant and equipment 143,028 -

Net cash used in investing activities (478,831) (196,094)

Net increase/(decrease) in cash held (833,763) (107,111)

Cash at beginning of financial year 2,640,711 2,747,822

Cash at end of financial year 13(a) 1,806,948 2,640,711

The accompanying notes form part of these financial statements

NOTES TO THE FINANcIAL STATEMENTS FOR THE yEAR ENdEd 30 JuNE 2011QuEENSLANd SOuTH NATIvE TITLE SERvIcES LIMITEd ABN 88 114 581 556

NOTE 1: STATEMENT OF SIGNIFIcANT AccOuNTING POLIcIESThe financial report is a general purpose financial report that has been prepared in accordance with Accounting Standards, Urgent Issues Group Consensus Views and other authoritative pronouncements of the Australian Accounting Standards Board and the Corporations Act 2001.

Australian Accounting Standards set out accounting policies that the Australian Accounting Standards Board has concluded would result in financial statements containing relevant and reliable information about transactions, events and conditions. Material accounting policies adopted in the preparation of these financial statements are presented below and are consistently applied unless otherwise stated.

The financial report has been prepared on an accruals basis and is based on historical costs, modified, where applicable, by the measurement at fair value of selected non-current assets, financial assets and financial liabilities.

The following is a summary of significant accounting policies adopted by the Company in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated.

(a) Income Tax

No provision for income tax has been raised as the company is exempt from income tax under Division 50 of the Income Tax Assessment Act 1997..

(b) Property, Plant and Equipment

Each class of property plant and equipment is carried at cost or fair value less, where applicable, any accumulated depreciation.

Plant and equipment

Plant and equipment is measured on the cost basis.

The carrying amount of plant and equipment is reviewed annually by the directors to ensure it is not in excess of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The expected net cash flows have not been discounted to present values in determining recoverable amounts.

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Depreciation

The depreciable amount of all fixed assets including buildings and capitalised leased assets, but excluding freehold land, are depreciated over their estimated useful lives to the company commencing from the time the asset is held ready for use. Properties held for investment purposes are not subject to a depreciation charge. Leasehold improvements are amortised over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.

The depreciation rates and useful lives used for each class of depreciable assets are:

Class of fixed asset Depreciation rates/useful lives Depreciation basis

Plant & Equipment 25 – 40 % Straight Line Motor Vehicles 12.5 % Straight Line Furniture & Fixtures 5 – 10 % Straight Line

(c) Employee Benefits

Provision is made for the company’s liability for employee benefits arising from services rendered by employees to balance date. Employee benefits expected to be settled within one year together with benefits arising from wages and salaries, annual leave and sick leave which will be settled after one year, have been measured at the amounts expected to be paid when the liability is settled plus related on costs. Other employee benefits payable later than one year have been measured at the present value of the estimated future cash outflows to be made for those benefits.

Contributions are made by the company to an employee superannuation fund and are charged as expenses when incurred.

(d) Cash

For the purposes of the Statement of Cash Flows, cash includes cash on hand and at call deposits with banks or financial institutions, investments in money market instruments maturing within less than two months and net of bank overdrafts.

(e) Revenue

Revenue from the rendering of a service is recognised upon the delivery of the service to the customers.

Interest revenue is recognised on a proportional basis taking into account the interest rates applicable to the financial assets.

Other revenue is recognised when the right to receive the revenue has been established.

All revenue is stated net of the amount of goods and services tax (GST).

(f) Goods and Services Tax (GST)

Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office. In these circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of expense. Receivables and payables in the Statement of Financial Position are shown inclusive of GST.

2011 2010$ $

NOTE 2: PROFIT FROM ORdINARy AcTIvITIES Profit (losses) from ordinary activities has been determined after:

(a) Revenue and Net Gains

Grant funding 9,783,945 7,998,108

Interest Income 92,810 63,276

Contribution of Assets Transferred In/Gifted - 560,000

Other Income & Services 298,698 111,823

Total Income 10,175,453 8,733,207

(b) Other Expenses

Advertising 156,719 178,851

Catering, venue hire & meetings 207,094 111,322

Consultancy fees 1,027,879 1,768,957

Corporate expenses 77,890 249,548

Legal consultancy costs 1,577,388 925,551

Loss on disposal of non current assets 20,706 -

Motor vehicle expenses 123,474 141,993

Rent 425,346 403,916

Traveling & accommodation expenses 1,143,654 1,122,911

Training & professional development 66,136 88,170

Other expenses 562,441 467,801

Total Income 5,388,727 5,459,020

NOTE 3: cASH & cASH EQuIvALENTSCash on hand 1,116 1,247

Cash at bank 1,805,832 2,639,464

1,806,948 2,640,711

NOTE 4: TRAdE ANd OTHER REcEIvABLESTrade Receivables 224,348 104,637

Prepayments 22,360 53,707

246,708 158,344

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2011 2010$ $

NOTE 5: PROPERTy, PLANT ANd EQuIPMENTLand & Building – at cost 560,000 560,000

Less accumulated depreciation (32,000) (16,000)

528,000 544,000

Plant and equipment - at cost 554,724 319,737

Less accumulated depreciation (136,780) (109,713)

417,944 210,024

Motor vehicles - at cost 297,227 266,016

Less accumulated depreciation (7,378) (76,023)

289,849 189,993

Office equipment - at cost 306,316 262,645

Less accumulated depreciation (71,537) (15,140)

234,779 247,505

Total property, plant and equipment 1,470,572 1,191,522

Credit Risk – Trade and Other Receivables

The company does not have any material credit risk exposure to any single receivable or group of receivables. The following table details the company’s trade and other receivables exposed to credit risk with ageing analysis and impairment provided for thereon. Amounts are considered as ‘past due’ when the debt has not been settled within the terms and conditions agreed between the association and the customer or counter party to the transaction. Receivables that are past due are assessed for impairment by ascertaining solvency of the debtors and are provided for where there are specific circumstances indicating that the debt may not be fully repaid to the association. The balances of receivables that remain within initial trade terms (as detailed in the table) are considered to be of high credit quality.

NOTE 4: TRAdE ANd OTHER REcEIvABLES (cont’d)Ageing of Trade Receivables

Total Amount

$

Less than 30 Days

$

Past Due 31-60 Days

$

Past Due 61-90 Days

$

Past Due < 90 Days

$

Past Due & Impaired

$

2011 Trade Receivables

224,348 205,098 - - 19,250 -

2010 Trade Receivables

104,637 62,507 22,715 19,415 - -

NOTE 5: PROPERTy, PLANT ANd EQuIPMENT (cont’d)

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

Land & Building

Plant & Equipment

Motor vehicles

Office Equip

Total

$ $ $ $ $

2011

Balance at the beginning of the year 544,000 210,024 189,993 247,505 1,191,522

Additions - 280,960 297,228 43,671 621,859

Disposals - - (163,734) - (163,734)

Depreciation expense (16,000) (73,040) (33,638) (56,397) (179,075)

Carrying amount at end of year 528,000 417,944 289,849 234,779 1,470,572

2011 2010$ $

NOTE 6: TRAdE ANd OTHER PAyABLESCURRENT

Trade creditors and accruals 360,217 578,745

Sundry creditors 219,486 158,705

579,703 737,450

NOTE 7: FINANcIAL LIABILITIESCURRENT

Credit Card Liability

4,301 -

NOTE 8: PROvISIONSCURRENT

Employee benefits – Annual Leave Provision 174,098 175,967

Employee benefits – Long Service Leave Provision 46,800 26,648

220,898 202,615

NON CURRENT

Employee benefits – Long Service Leave Provision 11,463 11,832

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NOTE 10: RELATEd PARTy TRANSAcTIONSThe names of directors who have held office during the financial year are: Colleen May Wall Michael Cawthorn Arabella Katrina Douglas Ezio Marco Senatore (Retired) James Rodney William Stephen David Richard Brennan (Retired) Bernie Yates Mamun Faiz Rashid (Retired)

Key Management Personnel

Key management personnel comprise directors and other key persons having authority and responsibility for planning, directing and controlling the activities of the organisation. No transactions have occurred during the year with related parties.

Key Management Personnel Compensation Summary

Short Term Employee Benefits 577,516 342,305

Long Term Employee Benefits - -

577,516 342,305

NOTE 11: EcONOMIc dEPENdENcEEconomic dependency exists where the normal trading activities of a company depends upon a significant volume of business. Queensland South Native Title Services Limited is dependant on grants received from the Department of Families, Housing, Community Services and Indigenous Affairs to carry out its normal activities.

NOTE 12: SEGMENT REPORTINGThe Company operates in the Community Services Segment.

2011 2010$ $

Reconciliation of cash Cash at the end of the financial year as shown in the statement of Cash Flows is reconciled to the related items in the statement of financial position as follows:

Cash on hand 1,116 1,247

Cash at bank 1,805,832 2,639,464

1,806,948 2,640,711

Reconciliation of cash flow from operations with profit from ordinary activities after income tax

Profit/(Loss) from ordinary activities after income tax 424,496 (174,427)

Non cash flows in profit from ordinary activities

Contribution of assets transferred in - (560,000)

Depreciation 179,075 110,720

Net (gain)/loss on disposal of property, plant and equipment 20,706 -

Changes in assets and liabilities

(Increase)/decrease in prepayments 31,347 (11,927)

(Increase)/decrease in trade receivables (119,711) (43,387)

Increase/(decrease) in trade and other payables (153,446) 365,548

Increase/(decrease) in income in advance (755,313) 347,078

Increase/(decrease) in provisions 17,914 55,378

Cash flows from operations (354,932) 88,983

NOTE 14: FINANcIAL RISK MANAGEMENT(i) Financial Risk Management Policies

The company’s financial instruments consist mainly of cash and deposits at bank, trade debtors and trade creditors. The Board of Directors assist the company in meeting its financial targets, whilst minimising potential adverse effects on financial performance. The total of each category of financial instruments, measured in accordance with AASB139 as detailed in the accounting policies to these financial statements, are detailed on the following page:

NOTE 13: cASH FLOw INFORMATION2011 2010$ $

NOTE 9: OTHER LIABILITIESCURRENT

Income in Advance – Unexpended Grant Funds

705,945 1,461,258

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2011 2010$ $

Financial Assets

Cash and Cash Equivalents 1,806,948 2,640,711

Trade and Other Receivables 246,708 158,344

2,053,656 2,799,055

Financial Liabilities

Trade and Other Payables 579,703 737,450

Financial Liabilities 4,301 -

Income in Advance – Unspent Grant Funds 705,945 1,461,258

1,289,949 2,198,708

(ii) Interest Rate Risk Exposure to interest rate risk arises on financial assets and financial liabilities recognised at reporting date whereby a future changes in interest rates will affect future cash flows or the fair value of fixed rate financial instruments.

(iii) Liquidity Risk Liquidity risk arises from the possibility that the company might encounter difficulty in settling its debts or otherwise meeting its obligations related to financial liabilities. The association manages this risk through the following mechanisms: • preparing forward looking cash flow analysis in relation to its operational, investing and financing activities; • maintaining a reputable credit profile; • investing only in surplus cash with major financial institutions; and • comparing the maturity profile of financial liabilities with the realization profile of financial assets.

The tables below reflect an undiscounted contractual maturity analysis for financial liabilities.

Within 1 Year 1 to 5 Years Over 5 Years Total Cash Flow

2011 2010 2011 2010 2011 2010 2011 2010$ $ $ $ $ $ $ $

Financial liabilities due for payment

Trade & other payables 579,703 737,450 - - - - 579,703 737,450

Financial Liabilities 4,301 - 4,301 -

Income in Advance 705,945 1,461,258 705,945 1,461,258

Total expected outflows 1,289,949 2,198,708 - - - - 1,289,949 2,198,708

Financial assets — cash flows realisable

Cash and cash equivalents 1,806,948 2,640,711 - - - - 1,806,948 2,640,711

Trade & Other Receivables 246,708 158,344 - - - - 246,708 158,344

Total expected inflows 2,053,656 2,799,055 2,053,656 2,799,055

Net (outflow)/inflow on financial instruments 763,707 600,347 - - - - 763,707 600,347

NOTE 14: FINANcIAL RISK MANAGEMENT (cont’d)(iv) Credit Risk

Exposure to credit risk relating to financial assets arises from the potential non-performance by counter parties of contract obligations that could lead to a financial loss to the company. Credit risk is managed through the maintenance of procedures ensuring to the extent possible, that customers and counter parties to transactions are of sound credit worthiness. Such monitoring is used in assessing receivables for impairment.

Risk is also minimized through investing surplus funds in financial institutions that maintain a high credit rating, or in entities that the Board and management has otherwise cleared as being financially sound.

The maximum exposure to credit risk at balance date to recognized financial assets is the carrying amount as disclosed in the statement of financial position and notes to the financial statements. The company does not have any material credit risk exposure to any single debtor or group of debtors.

NOTE 15: cOMMITMENTS

Operating Lease Commitments

Non-cancellable operating rental lease on premises contracted for but not capitalized in the financial statements.

2011 2010$ $

Payable – minimum lease payments

Not later than 12 months 494,427 468,804

Between 12 months and five years 685,398 1,093,874

$1,179,825 $1,562,678

2011 2010$ $

Audit Services 24,437 23,218

Other Services - -

24,437 23,218

A security guarantee of $225,988 is held by the Bank as a commitment under the lease rental Agreement.

Research Consultancy Commitments

Agreements have been entered into amounting to $784,367 involving future payments within the next 12 months for research consultancy services.

NOTE 16: AudITORS REMuNERATION

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NOTE 17: cONTINGENT LIABILITIESAs tenants under the current Lease Rental Agreement there is an obligation for the Company to make good at the cessation of the five year lease. The company has not obtained a professional assessment of the cost of potential make good obligations under the lease and accordingly a reliable measurement of this potential future liability is considered not practicable at this stage. The company had no known contingent liabilities as at 30 June 2011.

NOTE 18: EvENTS SuBSEQuENT TO REPORTING dATENo matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the company, the results of those operations, or the state of affairs of the company in future financial years.

NOTE 19: cOMPANy dETAILSThe registered office of the company is: Queensland South Native Title Services Limited Level 4, 370 Queen Street BRISBANE QLD 4000

Date of Incorporation: 2 June 2005

dIREcTORS’ dEcLARATIONQuEENSLANd SOuTH NATIvE TITLE SERvIcES LIMITEd ABN 88 114 581 556The directors of the company declare that:

1. The financial statements and notes, as set out on pages 4 to 17 are in accordance with the Corporations Act 2001 (Cth):

(a) comply with Accounting Standards and the Corporations Regulations 2001; and

(b) give a true and fair view of the financial position as at 30 June 2011 and of the performance for the financial year ended on that date of the company.

2. In the directors’ opinion there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable.

This declaration is made in accordance with a resolution of the directors.

Director ___________________________ Director ____________________________ Colleen May Wall Bernie Yates

Dated: ____________________________

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INDEPENDENT AUDIT REPORT TO THE MEMBERS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

REPORT ON THE FINANcIAL REPORTWe have audited the accompanying financial report of Queensland South Native Title Services Limited (the company), which comprises the statement of financial position as at 30 June 2011 and the statement of comprehensive income, statement of change in equity and cash flow statement for the year ended on that date, a summary of significant accounting policies and other explanatory notes and the Directors’ declaration.

Directors’ Responsibility for the Financial Report

The Directors of the company are responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Act 2001. This responsibility includes establishing and maintaining internal controls relevant to the preparation and fair presentation of the financial report that is free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances.

Auditor’s Responsibility

Our responsibility is to express an opinion on the financial report based on our audit. We conducted our audit in accordance with Australian Auditing Standards. These Auditing Standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial report is free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial report. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal controls relevant to the entity’s preparation and fair presentation of the financial report in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal controls. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the directors, as well as evaluating the overall presentation of the financial report.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Independence

In conducting our audit, we have complied with the independence requirements of the Corporations Act 2001. We confirm that the independence declaration required by the Corporations Act 2001 has been provided to the Directors of the Company.

Di Bartolo Diamond & MihailarosAn Australian Capital Territory Partnership

Di Bartolo Diamond & MihailarosAn Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

Chartered Accountants & Business Advisers

INDEPENDENT AUDIT REPORT TO THE MEMBERS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

Auditor’s Opinion

In our opinion, the financial report of Queensland South Native Title Services Limited is in accordance with the Corporations Act 2001, including:

i. giving a true and fair view of the company’s financial position as at 30 June 2011 and of their performance for the year ended on that date; and

ii. ii. complying with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Regulations 2001.

PKF Di Bartolo Diamond & Mihailaros

Ross Di Bartolo Partner

Canberra

Dated:

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au Level 7, 28 University Ave | Canberra City | Act 2601 GPO Box 588 | Canberra City | ACT 2601

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au Level 7, 28 University Ave | Canberra City | Act 2601 GPO Box 588 | Canberra City | ACT 2601

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

PARTNERS: Ross Di Bartolo B.A (Accounting). FCA George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

PARTNERS: Ross Di Bartolo B.A (Accounting). FCA George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

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DISCLAIMER TO THE MEMBERS OF QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

The additional financial data presented on page 78 is in accordance with the books and records of the company which have been subjected to the auditing procedures applied in our statutory audit of the company for the financial year ended 30 June 2011. It will be appreciated that our statutory audit did not cover all details of the additional financial data. Accordingly, we do not express an opinion on such financial data and we give no warranty of accuracy or reliability in respect of the data provided. Neither the firm nor any member or employee of the firm undertakes responsibility in any way whatsoever to any person (other than Queensland South Native Title Services Limited) in respect of such data, including any errors of omissions therein however caused.

PKF Di Bartolo Diamond & Mihailaros GPO Box 588 CANBERRA ACT 2601

Ross Di Bartolo Partner

Dated:

Di Bartolo Diamond & MihailarosAn Australian Capital Territory Partnership

Chartered Accountants & Business Advisers

dETAILEd PROFIT ANd LOSS FOR THE yEAR ENdEd 30 JuNE 20112011 2010

$ $

INcOMEInterest 92,810 63,276

Grants & Funding 9,783,945 7,998,108

Contribution of Assets Transferred In - 560,000

Other income & services 298,698 111,823

TOTAL INCOME 10,175,453 8,733,207

LESS ExPENSESAudit fees 24,437 23,218

Advertising 156,719 178,851

Bank charges 8,553 8,209

Catering, venue hire & meetings 207,094 111,322

Computer expenses 5,453 30,745

Consultancy fees 1,027,879 1,768,957

Corporate expenses 77,890 249,548

Depreciation 179,075 110,720

Insurance 43,270 31,254

Loss on sale of vehicles 20,706 -

Legal consultancy costs 1,577,388 925,551

Mapping & Resources 105,486 107,622

Motor vehicle expenses (incl vehicle hire) 123,474 141,993

Office expenses 34,771 31,402

Postage 31,817 23,467

Printing and stationery 59,615 39,541

Rent 425,346 403,916

Repairs, maintenance and minor replacements 66,326 49,121

Salaries and on costs 3,859,729 3,085,148

Security costs 2,312 2,914

Storage fees 13,590 12,079

Subscriptions 43,872 20,917

Sundry expenses 26,663 6,792

Superannuation 323,426 252,746

Telephone 96,276 80,520

Training & professional development 66,136 88,170

Traveling & accommodation expenses (incl consultant travel) 1,143,654 1,122,911

TOTAL EXPENSES 9,750,957 8,907,634

OPERATING SURPLUS/(LOSS) 424,496 (174,427)

These financial statements should be read in conjunction with the attached Disclaimer.

Tel: 02 6257 7500 | Fax: 02 6257 7599 | www.pkf.com.au Level 7, 28 University Ave | Canberra City | Act 2601 GPO Box 588 | Canberra City | ACT 2601

PKF Di Bartolo Diamond & Milhailaros is a member of PKF Australia Limited a national association of independent chartered accounting and consulting firms each trading as PKF. PKF Di Bartolo Diamond & Milhailaros is also a member of PKF International, an association of legally independent chartered accounting and consulting firms. Liability limited by a scheme approved under Professional Standards Legislation.

PARTNERS: Ross Di Bartolo B.A (Accounting). FCA George Diamond B.Ec. FCA John Mihailaros B.Comm (Accounting). CA

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INdExB Barada Barna and Southern Barada Kabalbara Yetimarla claims 25 Belyando to Dawson Rivers region / Gangulu People 28 Bidjara 37 Bigambul 37 Boonthamurra 20, 39 Budjiti 20, 39 Bularnu Waluwarra & Wangkayujuru 31 Butchulla 33

c Capacity development 15, 17, 20

d Darling Downs region 37 Darumbal 25 Davies, Paul 46 Djaku-nde & Jangerie Jangerie 28

F FaHCSIA 43, 47, 49 Future Act 41, 42

G Githabul 36 Gold Coast 33 Gunggari 37

I Iman 25 Iningai 29

J Jagera 33 Jinibara 34

K Kabi Kabi / Gubbi Gubbi 34 Kalkadoon 20, 30 Kamilaroi 36 Karingbal 25 Kooma 38 Kullilli 39 Kunja 40

M Maiawali 30 Mandandanji 38 Mardigan 20, 40 Mitakoodi 30 Mithaka 20, 40

N National Native Title Conference 7, 9, 21, 22

P Pitta Pitta 31 Port Curtis Coral Coast 26

QQuandamooka 7, 8, 20, 35

R Reform 15, 17, 21 Rind, Shahzad 22, 25, 46

S Smith, Kevin 9, 21, 22, 46 Southeast Queensland Regional Research Project (SERRP) 20, 36 Strategic Plan 15, 47

TTRIM 47 Turrbal / Yugurapul 7, 21, 34

w Wakka Wakka 27 Wall, Colleen 7, 46, 56 Wangan and Jagalingou 28 Wangkamahdla / Wangkamana 32 Wangkangurry / Yarluyandi 32 Wongkumara 40 Wulli Wulli 27

y Yulluna 32