MLALC 2011-2012 Annual Report - Metropolitan Local Aboriginal

Transcription

METROPOLITAN LOCAL ABORIGINAL LAND COUNCIL – ANNUAL REPORT 2011-2012
Metropolitan Local Aboriginal
Land Council
Annual Report
September
2012
“Always Was Always Will Be Aboriginal Land”
1
Metropolitan Local Aboriginal
Land Council
To begin our Annual Report for 2011/2012,
We firstly pay our respects to the original people of this
land we live on and work on,
The Eora People.
We pay our respect to our Elders both Past and
Present, and to all those people (both Aboriginal and
Non-Aboriginal) who have contributed towards
bettering our community and building a strong
Aboriginal community for our future generations.
We also make special mention and pay our respect to
all our loved ones we have lost the past 12 months. Our
prayers are with you and your families.
They will always be remembered.
“This Always was and Always will be, Aboriginal land”
2
MLALC VISION:
Strengthening the Aboriginal Nations
Building the foundation for our community and
providing real social, cultural and economic
benefits to our members and community through a
sustainable and independent organisation
MLALC PURPOSE:
To strive to be a model of best practice for all
Local Aboriginal Land Councils and set the
highest standards in Community Spiritual WellBeing, Our Culture & Heritage, Business
Administration;
Governance;
Leadership;
Community and Economic Benefits.
3
Index:
1. CHAIRPERSONS REPORT
2. BOARD MEMBERS
3. CHIEF EXECUTIVE OFFICER’S REPORT
4. STAFF MEMBERS & CASUALS & VOLUNTEERS
5. AIMS & OBJECTIVES
6. FUNCTIONS
7. SERVICES OF THE COUNCIL
8. ACCESS
9. MANAGEMENT & STRUCTURE
10. SUMMARY REVIEW OF OPERATIONS
11. BUDGET FOR 2011/2012
12. DRAFT BUDGET FOR 2012/2013
13. FINANCIAL STATEMENTS
14. COMMUNITY, LAND AND BUSINESS PLAN 2010/2013
15. LEGAL CHANGE
16. ECONOMIC AND OTHER FACTORS
17. MANAGEMENT & ACTIVITIES
18. RESEARCH & DEVELOPMENT
19. HUMAN RESOURCES
20. CONSULTANTS
21. EQUAL EMPLOYMENT OPPORTUNITY
22. DISABILITY PLAN
23. LAND DISPOSAL
24. PROMOTIONS
25. CONSUMER RESPONSE
26. GUARANTEE OF SERVICES
27. PAYMENT OF ACCOUNTS
28. TIME FOR PAYMENT OF ACCOUNTS
29. RISK MANAGEMENT & INSURANCE ACTIVITIES
30. ETHNIC AFFAIRS PRIORITIES STATEMENT & ANY AGREEMENT
31. NSW GOVERNMENT ACTION PLAN FOR WOMEN
32. OCCUPATION HEALTH & SAFETY
33. WASTE
34. MEDIA
35. WORKING PARTNERSHIPS
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1. Chairperson’s Report 2012
From the Chairperson
It is my great pleasure to provide to the members of the Metropolitan Local
Aboriginal Lands Council (MLALC) the Annual Report for 2012.
Firstly, I would like to acknowledge the traditional owners’ of the lands
within our boundaries, the 29 clan groups of the Sydney Metropolitan area,
referred to collectively as the Eora Nation. I would like to pay my respects
to our Aboriginal Elders both past and present.
The MLALC is a very significant organization in our community. It is a
reminder of the struggles of Elders and those who have gone before to fight
for land rights and social justice for our people. Its continued existence and
strength is an important symbol and a vital ongoing resource to our
members.
MLALC has gone through some significant changes since the last annual meeting in 2011, with the Board of
MLALC has been working really hard to ensure that we comply with the Aboriginal Land Right Act 1983.
We have achieved the highest score on our LMSS of 90% as required by NSWALC.
Aboriginal Lands Right Act Review
NSWALC has conducted a state-wide series of consultations in light of the Minister for Aboriginal Affairs,
Victor Dominello recently announcing of a review of the Aboriginal Land Rights Act (NSW) 1983.
The Review will be a major focus for the NSWALC and the land rights network over the course of 2012.
It’s an important chance for land council members to engage in the future of hard fought and hard won
Aboriginal land rights in NSW. The NSWALC led consultations give our members a chance to have their say
and inform any submissions NSWALC may deliver back to government. Documents relating to the Review
from both NSWALC and the Government on the progress of the Review and proposed community
consultations will be added to the New South Wales Aboriginal Lands Council website as they are produced
or become available and I urge all members to visit the website for further information.
We will keep an eye on the proceedings to ensure we get the right recommendations changed to make the Act
more flexible and provide for more benefits for Lands Councils and its members.
Outlined in this annual report is a range of activities that have been supported by the current Board and will
lead MLALC into the future.
I would like to thank the current Board for their hard work and dedication to ensure that we meet the
requirements under the Aboriginal Lands Rights Act and we continue to receive our annual allocation. The
Board has many challenges ahead of it and we draw upon the experiences of the Board members to make the
right decisions for the benefit of MLALC and its members.
Thanks to Paul Morris, Chief Executive Officer and his staff for all of their hard work, ensuring that we adhere
to the policies and procedures as directed by the Board. Thank you to all of our members who turn up to all of
our members meetings and support the initiatives that will make our Lands Council the most productive Local
Aboriginal Lands Council in our region.
Yours in the struggle
Ricky Lyons
Chairperson
September 2012
5
2. Metropolitan Local Aboriginal Land Council
Board of Directors
Ricky Lyons
(Chairperson)
Allan Murray
(Deputy Chairperson)
Ray Davison
(Board Member)
Eunice Roberts
(Board Member)
Sandra Miller
(Board Member)
Narelle Lyons
(Board Member)
Allan Madden
(Board Member)
Jodie Choolburra
(Board Member)
Debbie Bell
(Board Member)
Yvonne Weldon
(Board Member)
6
3. Chief Executive Officer’s Report
Dear Metropolitan LALC Members,
I too would like to pay my respects to the First people of this
beautiful land, the Eora people, and to our Elders past and present.
I would also like to acknowledge the many people who have
contributed toward build a strong Aboriginal Nation for our future
generations.
This is our third consecutive year with a clean or unqualified audit, which shows the
commitment to following our Community Land & Business Plan, directive and policy.
I can report from a management perspective we are improving and processes are improving.
While we are going well in most area’s the Land Council has still got a lot of improvement left
in it and I look forward to having the budget to recruit extra Finance staff, a full time Sites
Officer and a Project Officer to further strengthen our Partnerships with the wider community
and build on Cultural Events such as NAIDOC.
I also look forward to settling a long drawn out process with OEH and Ausgrid regarding the
destruction of one of our sites in Cromer which will set a precedence for Land Council’s and
the preservation of Aboriginal sites of significance.
I would like to thank our staff for working through some very demanding periods and having
the strength to maintain and stay on track during these times. I would also like to thank Board
members for their constructive views and contributions.
I would also like to thank the members for supporting the resurgence of the Land Council and
for having the patience to attend meetings and contribute in a positive and constructive
manner.
Regards,
Paul Morris
Chief Executive Office
7
4. METROPOLITAN LALC STAFF
David Evans (Executive Assistant); Colin Davison (Housing & Property Manager); Donna Ingram (Cultural
Consultant); Kelly Bradshaw (Receptionist); Victoria Haines (Office Manager) and Graham Rees (Finance
Manager)
Position
Name
Status
Chief Executive
Paul Morris
Permanent FT
Finance Manager
Office Manager
Graham Rees
Victoria Haines
Permanent FT
Temporary FT
Housing & Property
Manager
Receptionist
Camp Wollemi Care
Taker
Executive Assistant
Cultural Rep
Cultural Rep
Volunteer
Colin Davison
Permanent FT
Kelly Bradshaw
Colin Lyons
Permanent FT
Permanent FT
David Evans
Donna Ingram
Michael West
Sue Downes
Temporary PT
Casual
Consultant
Temporary PT
Training attended /
Tertiary Qualifications
Grad Dip Planning &
Property Development; Dip
Business Governance Land
Rights; MYOB; Master in
Indigenous studies; Masters
in Health Management;
QUICKEN; Premier Payroll;
Dip Business Governance
Land Rights; Cert 2 & 3 Bus
Admin. Mgt, Bus. Writing,
Mgrs Training.
Cert IV Social Housing
Cert III Business Admin
Youth Work, Rural Fire
Service Training, OH&S,
Law Degree ; BA Arts;
BA Accountancy
Further training for staff
Metro LALC Staff have also participated in an Internal Annual Review and Policy Development
Workshops; Land Claims Workshops for all Staff (NSWALC); Aboriginal Site Awareness Training.
(OEH); Staff workshops on Legal Process and Engaging Legals; First Aid Training for all Staff
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METROPOLITIAN LOCAL ABORIGNAL LAND COUNCIL
CHARTER
The Metropolitan Local Aboriginal Land Council (MLALC) was constituted in accordance with the
provisions of the Aboriginal Land Rights Act, 1983 (ALRA) as amended and administered the
relevant provisions of the Act as they apply to the functions listed under Aims and Objectives.
This Act provides that the minister for Aboriginal Affairs may, by notice published in the
Government Gazette, constituted an area as an Aboriginal Land Council Area. A copy of MLALC
boundaries are shown below.
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5. AIMS & OBJECTIVES
The aims, objectives, and range of services that the MLALC can pursue or provide must be in
accordance with the Objects as provided for in the Section 51 of the NSW Aboriginal Land
Rights Act 1983 as amended.
The object of the Council is as follows:
The objects of each Local Aboriginal Land Council are to improve, protect and foster the best
interests of all Aboriginal persons within the Councils are and other persons who are members of
the Council.
6. FUNCTIONS
Section 52 of the ALRA states that a Local Aboriginal Land Council must have following
functions:
(1) A Local Aboriginal Land Council has the functions conferred or imposed on it by or under
this or any other Act;
(2) Land Acquisition;
(3) Land use and management;
(4) Aboriginal Culture and Heritage;
(5) Financial Stewardship;
(6) Other functions prescribed by regulations;
(7) Community benefits schemes with an approval of the New South Wales Aboriginal Land
Council NSWALC;
(8) Social housing schemes with an approval of the NSWALC;
(9) Establish or participate in the establishment of, a trust for the purpose of providing a
community benefits scheme with an approval of the NSWALC
(10) A Local Aboriginal Land Council must, when exercising its functions with respect to lands
that are the subject of a lease, or proposed lease, under Part 4A of the NPW Act, act in the best
interests of the Aboriginal owners of the lands concerned.
(11) Other functions prescribed by regulations
10
7. SERVICES OF THE COUNCIL
The MLALC provides services in the area of housing; land management issues; cultural
education and the promotion of Aboriginal culture; advocacy and referrals; first point of contact
for Aboriginal peoples of the area.
Housing and Property







MLALC housing stock remains at 27 houses. This is a combination of properties owned
by AHO, NSW Housing Corp & Metro LALC.
Rent is $160 per week but remains well below the rental market rate
MLALC has appointed a Housing Sub-Committee for additional Community input and
Community Consultation and to remove conflicts from the Boardroom. This is an
excellent move by the Board and one, which will add to the transparency of the housing
allocations process and policy development.
The major issue with Metro LALC’s housing is rental arrears incurred by non-paying
tenants. To date we are in arrears of $69,481.97; to date we have collected rental arrears to
the sum of $49,493.24.
Repairs and maintenance is a potential issue/liability when tenants are not paying rents.
Rental increases will be considered in 2013 by the Housing subcommittee to address CPI
and other costs associated with the upkeep of the houses.
MLALC have been in negotiations with other land owners in the Warringah area to come
together and help plan a mountain bike trail that leads through all land owners properties
to minimize any damage to local flora and fauna as well as Traditional Aboriginal Sites in
the area.
Cultural and Site Matters




39 Aboriginal Site Survey were conducted in the past financial year ($47,559.00)
399 Welcome to Country ($172,065.00)
27 Cultural Talks
2 Cultural Education/Tours
8. ACCESS
Office Address:
Mail Address:
Telephone Number:
Fax Number:
Email:
Website:
Office Hours:
36-38 George Street, Redfern NSW 2016
PO Box 1103 Strawberry Hills, NSW 2012
(02) 8394 9666
(02) 8394 9733
metrolalc@metrolalc.org.au
www.metrolalc.org.au
9am to 5pm – Monday to Friday
Camp Wollemi
Address:
Telephone Number:
1467 Settlers Road St Albans NSW 2775
(02) 4568 2294
11
9.
MANAGEMENT & STRUCTURE
The Local Aboriginal Land Council functions under the authority of the Aboriginal Land Rights
Act 1983 and as amended.
MEMBERS
BOARD of
DIRECTORS
CHIEF
EXECUTIVE
OFFICER
HOUSING SUB
COMITTEES
LEGAL &
COMMERCIAL
ADVISOR
EXEC
ASSISTANT
HOUSING &
PROPERTY
MGR
CARETAKER
CAMP
WOLLEMI
OFFICE
MANAGER
CULTURAL
REPRESENTATIVES
RECEPTIONIST
SITES
OFFICER
CASUALS /
VOLUNTEERS
12
FINANCE
MANAGER
VOLUNTEERS
10. SUMMARY REVIEW OF OPERATIONS
Meetings
Attempted
3
3
1
11
Ordinary
Extra Ordinary
Annual
Board
Achieved
2
2
1
10
Land Claims
Claims Lodged
2
Finalised
5
Withdrawn
2
Granted
5
Incomplete
930
Pt Granted/Pt Incomplete
Pt Refused/Pt Incomplete
Refused
12
(NOTE: Staff were trained in making land claims a part of professional development)
Staffing
Total Employed
Permanent
F/T Temporary
Training
7
5
2
Continued professional development programs will be attended
11. BUDGET FOR 2011/2012
Attachment 1
12. DRAFT BUDGET FOR 2012/2013
Attachment 2
13. FINANCIAL STATEMENTS
Attachment 3
13
14. COMMUNITY LAND AND BUSINESS PLAN
The MLALC 3 year Community Land & Business Plan (CLBP) has been approved by Metro
LALC Members and NSW Aboriginal Land Council.
The Community land & Business Plan is available at the Metropolitan LALC Office.
Goals Achieved to Date:
Staff Development Strategy

New Staff have been recruited to fill approved vacancies including Officer Manager &
Casual Executive Assistant.
Core staff in place matched to organisational requirement and community needs
All staff have a work plan consistent with the CLBP
A proposal has been tabled to the Board to consider a long- term organisational
restructure to address future growth and long term financial sustainability
An annual review of organizational Policies and Procedures, work process is in its
third year to ensure best practice and to address the ALRA.
Staff have to opportunity to enroll in further training and Professional Development
programs pending time and financial constraints.





Governance Strategy
 Ongoing development of MLALC governance policy in line with ALRA requirements
 Compliance calendar for New South Wales Aboriginal Land Council (NSWALC)
reporting dates & requirements
 An Annual Review of organisational policies and procedures and work process is in its
third year to ensure best practice.
 The Annual Review will be scheduled by the Board.
Financial Management





CLBP Approved
Cash flow & budget in place
Budget performance monitored at monthly board meetings
Business unit budgets developed
All risk management processes in place and are adhered to.
Administration Management Strategy





Local Aboriginal Land Councils are responsible for effectively managing many
classes of assets; from Land, to Property, to Cultural and Heritage Sites, to Motor
Vehicles, Office Equipment and Machinery, to name just a few.
A new computer system and software has been installed to update the old system.
Administration Policy & Procedures document will be continually updated and
implemented for best practice
A new filing system is being implemented & updated.
All old file have been taken to storage.
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


New centralized Land Asset Management computer system has being installed with
better mapping services and assets management software. Training is provided for all
staff on the software and its use/s
MLALC Website is currently being updated
Administration and communication systems is much improved in the past 6 months
due to a change in staff and direction being more effectively followed
Casual/ Volunteer Strategy




Casual positions have been advertised in the Community.
Engaged a volunteer for administration and other casual positions
Developed a work plan for each volunteer and casual
Engaged with Sydney University for casual and volunteers
Land Management & Development Plan



The Project Delivery Agreement for Ralston Avenue Belrose, has been approved by
Metro Members and NSWALC.
Metro is awaiting approval from other authorities to progress.
The outstanding liabilities on Bantry Bay Road will be addressed through the sale of these
properties.
Business, Enterprise & Investment strategy
 An investment strategy has been develop for all income received by Metro LALC. The
formula is for a 70%: 30% split of income. 70% to go into the investment account and
30% go into the general account for operational costs.
 Identify & explored options for business opportunities- cultural tourism & camp Wollemi
expansion; Grants have been applied for cleanup and fencing of Camp Wollemi
 Tourism feasibility studies are being completed for cultural tours around Redfern and
down to Elizabeth Street and possible use of Elizabeth Street as a Cultural Centre/
Conference Centre/ Museum
Stakeholder Engagement & Partnership


Mapped existing & potential stakeholders for partnership
A consultant will be engaged in the future to address MOU’s with all appropriate LGA’s
and other stakeholders.
Members Engagement/ Benefits Strategy





Residential rehabilitation centre; aged care facility; funeral fund & services have been
identified and progressed.
Basic site training will be provided to members on an annual basis’
Youth Engagement Strategy through Cultural Camps, Site Training, Employment and
Fitness Programs
Home Ownership Workshops is scheduled for Feb 2013.
The development of a Housing Sub- Committee for improved community input and
remove any conflicts from the Board.
15
15. LEGAL CHANGE
There are no changes in the ALRA and subordinate legislation and significant judicial
decisions affecting MLALC.
16. ENONOMIC AND OTHER FACTORS






MLALC’s investigation & administration debt is $ 781,719.00
NSWALC loan is $ 473,281.00
Total debt to NSWALC $ 1,255,000.00
Lack of cash resources to generate income has prevented future growth
This debt can be reduced by 50% if MLALC can repay the debt within a 12 month period.
It is projected that Metro LALC will be debt free by year’s end (2012).
17. MANAGEMENT & ACTIVITIES



During the period, 2011/2012 MLALC underwent the following management activities
outlined in the previous Management letter.
Members approval for new Community Land and Business Plan
Approval by members and NSWALC for sale of land
18. RESEARCH & DEVELOPMENT
MLALC continue in its endeavors to building partnerships with key research Partners to
ensure we have and or ownership the latest information relating to MLALC’s core business
and activities. The most recent development has come in the shape of a Principles of
Cooperation with Sydney University and connecting with research staff and volunteers who
have expertise in areas associated with Metro LALC’s Core Business and community
members needs.
19. HUMAN RESOURCES
MLALC continue to provide casual employment opportunities where possible to members,
including Aboriginal Site Assessments, Welcome to Countries (WTC’s), repatriations,
laboring work and Administration Work. This is an area which Metro is building and hoping
that more opportunity will arise for casual staff which may lead to longer term employment.
Metro also has a strong focus on training and all staff are participating in training and or
mentoring programs.
20. CONSULTANTS
External Consultants, Westwood Spice were engaged to prepare a Community Land &
Business Plan (CLBP) for 2011 and 2013. The plan whilst prepared by Westwood Spice,
members, Board, staff and stakeholders all contributed towards the development of the CLBP.
21. EQUAL EMPLOYMENT OPPORTUNITY
The MLALC adhere to the policies and practices of Equal Employment Opportunities.
16
22. DISABLITY PLAN
The MLALC office is situated on the lower ground, which is accessed easily by those with disabilities.
The MLALC hold majority of their meetings at the Redfern Town Hall that provides for disabled
access. All meetings are held on premises that have appropriate access for all members.
23. LAND DISPOSALS
Lot 1 DP: 1139826, aka 1 Ralston Avenue, Belrose
Metro LALC Members and NSWALC have given approval to enter into a Project Delivery Agreement
for the above mentioned properties. The Project Delivery Agreement is with Partners Payce
Consolidated & Matthew Civil. This is a medium term project (3 to 5 years).
Lots 8, 9, 10, 11 DP 257403 Bantry Bay Road Frenchs Forest
Lots 8, 9, 10,11 DP 257403 Bantry Bay Road Frenchs Forest has been approved for sale by members
and NSWALC. Metro LALC is expecting in excess of $4.3 Million for the combined properties.
24. PROMOTIONS




MLALC has developed a PowerPoint presentation for stakeholders and interested parties.
CEO to implement a Cultural Engagement Strategy to engage all local governments within our
boundaries
Increased working partnerships with external stakeholders
Develop meaningful and sustainable relationships with key stakeholders within MLALC
boundaries
25. CONSUMER RESPONSE
Metro LALC Members and stakeholders will have a further opportunity to recommend strategies and
programs to the land council via surveys and email.
26. GUARANTEE OF SERVICES
The MLALC provide services to their members as per the ALRA 1983 amended and Aboriginal Land
Rights Regulations 2002.
27. PAYMENTS OF ACCOUNTS
All MLALC accounts are paid through the accounts office as they fall due and in accordance with the
regulations associated with the ALRA and other relevant financial reporting requirements.
28. TIME FOR PAYMENTS OF ACCOUNTANTS
Payments of all the MLALC are processed in a timely and professional manner.
29. RISK MANAGEMENT & INSURANCE ACTIVITIES
The MLALC has insurance to cover Public Liability, Business, Building & Properties, Workers
Comprehensive Cover and Motor Vehicles. Risk management is a high priority in all MLALC
practices, and legal advice sought is on all areas of concern.
17
30. ETHNIC AFFAIRS PRIORITIES STATEMENT & ANY AGREEMENT
The MLALC recognizes and values cultural and ethnic diversity. The council through its
policy and procedures promotes, protects and celebrates culture, race, religion, sexual
orientation and other forms of diversity.
31. NSW GOVERNMENT ACTION PLAN FOR WOMEN
The MLALC is committed to equal employment opportunities, but has no plans that
specifically relate to this initiative of the Government.
32. OCCUPATION HEALTH & SAFETY
MLALC’s occupational Health & Safety (OH&S) policy is based on the New South Wales
Occupational Health & Safety Act 1983, administered by the Work Cover Authority and
Workers Compensation Insurance.’
MLALC is committed to the health and safety of all its employees, members and visitors, and
the rehabilitation of any injured employee. This will be achieved through continuous review
and improvement of its OH&S policy and management processes.
33. WASTE
The MLALC is committed to Government waste reduction policy, minimizes the generation
of waste, and uses recycled materials as and when practical.
34. MEDIA
Metro LALC has featured prominently in NSWALC Magazine TRACKER for the protection
and conservation of Aboriginal sites and places of significance, particularly in the case of
damage to Aboriginal engraving at Orlando Street Cromer. Metro LALC will be the first to
test the new laws on the protection of Aboriginal sites. The site was known to the Contractor
Ausgrid and the sub contractor through the AHIMS and yet the destruction occurred
regardless, which is a blatant insult and disrespectful.
Ausgrid have admitted they are at fault and are currently in negotiations with Metro on
compensation and reparation.
35. WORKING PARTNERSHIP
Metro LALC is working in Partnership with The City Of Sydney; Redfern Community
Centre; Tribal Warrior; Wyanga; Redfern AMS; Babarna Men’s Group; Sydney University;
UTS; NCIE; South Care; Gadigal Information Centre; Trail Care; Rural Fire Service; CMA;
Canada Bay Council; Warringah Council; SSYS Factree Youth Services; OEH; Crown
Lands; NPWL and others.
18
COMMUN ITY MEMBERS AT METRO NAIDOC AWARD
19
Community members
participating in Site Awareness program
20
21
SUMMARY OF MILESTONES
 Metro will be debt free by the year’s end.
 Approval has been given for the Ralston Avenue
Belrose Joint Venture project
 Addressing the Liabilities on lots 8,9,10 & 11
Bantry Bay Road Frenchs Forest.
 Paying out the liability on the 99-year lease on
lots 8,9,10 Bantry Bay Road, Frenchs Forest.
 Getting the Community Land & Business Plan
Approved by Members & NSWALC.
 Principles of Cooperation with Canada Bay
Council
 Principles of Cooperation with Sydney
University.
 2012 Naidoc awards
 Youth camps at Camp Wollemi
 The commencement of an Wellbeing Centre at
Camp Wollemi.
 NSWALC AWARD
“Paying
respect to the eora nation”
22

MLALC 2011-2012 Annual Report - Metropolitan Local Aboriginal

Transcription

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