(1)   In respect of the appointment on 28 April 2006 of an Administrator to the Nyangatjatjara Aboriginal Corporation (NAC) by the Registrar of Aboriginal Corporations; will he: (a) outline the process by which the Administrator was appointed; (b) explain whether the Registrar of Aboriginal Corporations undertook an investigation into NAC on the grounds contemplated in s 68(1) of the Aboriginal Councils and Associations Act 1976; (c) outline the findings of any investigation undertaken; (d) explain the grounds on which the Administrator was appointed; (e) explain the particular concerns the Administrator has been appointed to address; (f) confirm whether the Registrar of Aboriginal Corporations has received a report on NAC from the Administrator; (g) outline the progress the Administrator has made to date in addressing the concerns he has been appointed to resolve; (h) provide a timeline for the satisfactory resolution of these concerns by the Administrator; (i) provide a timeline for the return of day-to-day conduct of the affairs of the NAC to the corporation’s members; (j) outline the charges and expenses incurred by the Administrator to date; (k) confirm whether charges or expenses incurred by the Administrator have been charged on the property of NAC; (l) outline the remuneration the Administrator has received, or will receive; (m) outline the role of the Administrator in the management and administration of the Nyangatjatjara College; and (n) outline the role of the Administrator in setting the policy of the Nyangatjatjara College.

(2)   Is he aware of a community meeting held in Imanpa on 30 August 2006 at which parents of Nyangatjatjara College students expressed concern at the management and administration of Nyangatjatjara College, particularly in respect of recent staff losses and falling attendance rates.

In December 2005, an examination of the affairs of the Nyangatjatjara Aboriginal Corporation (NAC) was conducted pursuant to section 60 of the Aboriginal Councils and Associations Act 1976 (the ACA Act). After a review of the findings of the examination, the delegate of the Registrar concluded there may be grounds for the appointment of an Administrator. On 16 January 2006, the Registrar served a notice in writing calling on the corporation to show cause by the close of business on Tuesday, 31 January 2006 why an Administrator should not be appointed to NAC. This time was extended to 3 March 2006 by the Registrar at the request of the corporation and the corporation replied on 2, 3 10, 21 and 24 February 2006. Having considered the corporation’s replies to the notice, the Registrar decided to recommend the appointment of an Administrator under section 71(2) of the Act as she was satisfied that there were grounds to appoint the Administrator. The Registrar sought the approval of the Minister to appoint an Administrator to NAC and the Minister approved the appointment on 18 April 2006. On 26 April 2006, the Registrar executed an instrument to appoint Mr Eamonn Thackaberry of Chalgrove Projects Pty Ltd as the Administrator to NAC effective from 28 April 2006. In addition, the Registrar published a notice in the Gazette and in a newspaper of the appointment of Mr Eamonn Thackaberry as Administrator from 28 April 2006.

The Registrar did not undertake an investigation into NAC under section 68(1) of the ACA Act.

No investigation was undertaken, so no findings can be reported.

The Registrar appointed the Administrator to NAC on four grounds in accordance with section 71(2) of the ACA Act. Firstly, the corporation traded at a loss for at least six months during the preceding 12 months: section 71(2)(a) of the ACA Act. Secondly, the corporation failed to comply with a provision of the ACA Act and/or regulations and/or provisions of the corporation’s rules: section 71(2)(b) of the ACA Act. Thirdly, the appointment of the Administrator was deemed to be in the interest of the corporation, its members and creditors: section 71(1)(2)(d) of the ACA Act. Fourthly, the appointment of an Administrator was deemed to be in the public interest: section 71(2)(f) of the ACA Act.

The Administrator is responsible for the conduct of the affairs of the corporation and, in addition, has the functions of the public officer pursuant to section 75 of ACA Act. The Administrator has been appointed to address the concerns underlying the grounds for his appointment. These include: a range of governance issues, such as, the lack of a Register of Members, failure to hold Annual General Meetings, and improper election procedures; significant trading loss over a 15 month period; weak internal controls and lack of documented policies and procedures; and poor reporting and filing of returns.

The Administrator of NAC is required to report to the Registrar from time to time as the Registrar requires under section 77C of the ACA Act. The Administrator has been reporting to the Registrar regularly since the commencement of his appointment.

The Administrator is working with NAC to ensure a viable corporation and secondary college in the Northern Territory.

The Registrar is unable to provide a timeline because the Administrator is currently in the process of ascertaining all relevant information, considering that information and developing an overall strategy for the administration.

Currently, the Registrar is unable to provide a timeline for the return of the day-to-day conduct of the affairs of NAC to the corporation’s members as the administration is in its early stages of gathering information and implementing a plan for the administration.

The Administrator has incurred expenses in relation to travel, travel allowance and legal costs. The Registrar has paid the Administrator for these expenses in the amount of $27,640.00 (exclusive of GST) as at 11 December 2006.

To date, the Registrar has not charged the Administrator’s remuneration, charges and expenses on the property of NAC.

The Registrar has paid $153,720.00 (exclusive of GST) to the Administrator for remuneration as at 11 December 2006.

The Administrator is responsible for the conduct of the affairs of NAC. He also has the functions and duties of the public officer under section 75 of the ACA Act. As part of his role of conducting the affairs of NAC, the Administrator manages the operation of Nyangatjatjara College.

On 1 December 2006, an action was commenced in the Federal Court of Australia by members of NAC in relation to the management and administration of Nyangatjatjara College. As the matter is sub judice, no details can be provided at this time.