With reference to Native Title Representative Body (NTRB) funding arrangements:

(1)   For each of the financial years 2001-02 to 2005-06, what is the funding allocated to each NTRB.

(2)   Is the funding for NTRBs indexed; if so, on what basis (eg, Consumer Price Index).

(3)   For the financial years 2004-05 and 2005-06, how many funding modules for assistance for specific native title claims or Independent Land Use Agreements (ILUA) were submitted by NTRBs throughout Australia.

(4) (a)   What methodology and criteria were used by the Office of Indigenous Policy Coordination (OIPC) to assess, approve or reject these submissions; and (b) who formally approves the submissions.

(5)   For the financial years 2004-05 and 2005-06, how many funding modules for assistance for specific native title claims or ILUAs: (a) were approved by OIPC; and (b) were rejected by OIPC.

(6)   Can a list be provided of the native title claims that did not receive funding in the financial years 2004-05 and 2005-06.

(7)   How many native title claims have not received representation due to a lack of funding in the financial years 2004-05 and 2005-06.

(8)   Were NTRBs given notice regarding the denial of funding for specific claims.

(9)   How and when were NTRBs consulted in the process of determining which claims would receive funding.

(10)   Does the Government intend to commit funding to the claims that presently lack funding; if so, when, and can details be provided for each claim.

(1)   Funding for the financial years 2001-02 to 2005-2006 for each NTRB is provided at Attachment A.

(2)   The program that funds NTRBs to deliver services to Native Title claimants is indexed in accordance with Wage Cost Index 1 (WCI 1). WCI 1 is a mixed parameter based on movements in wages (75%) and CPI (25%) calculated by the Department of Finance and Administration. The indexation element of the NTRB funding program is passed on to NTRBs. The base level of funding provided to NTRBs in 2004-05 was determined having regard to 2003-04 funding plus an additional 2% as indexation. For the current financial year (2005-06) funding for NTRBs was not determined with reference to the previous year’s funding. Funding was determined on the basis of Operational Plans developed by each NTRB. The Operation Plans include the estimated cost of implementing prioritised Native Title activities during 2005-06. The funding provided takes into account any cost increases that have arisen since the previous year’s funding.

(3)   This information cannot be presented for 2004-05 as the Operational Plans for that year were based on the performance of Native Title statutory functions. Consequently, Native Title activities are reported against more than one function. For 2005-06, 401 funding modules (activities) for assistance for Native Title claims were submitted by NTRBs. The funding activities submitted included 118 activities involving agreement making, including Indigenous Land Use Agreements (ILUAs).

(4)  

(a)   Submissions for 2004-05 funding were considered against the following criteria: ·      2003-2004 base allocations; ·      level of risk; ·      the general level and nature of activity, by output, identified in Operational Plans; ·      the strategies and priorities identified in Strategic Plans; ·      activity data; ·      the priority attached to each activity by the NTRB; ·      NTRB capacity to perform its functions and achieve its objectives; ·      compliance with reporting requirements and funding terms and conditions; and ·      past performance. Submissions for funding for 2005-06 were assessed on the basis of the Native Title activities contained in Operational Plans developed by NTRBs. The criteria for determining the level of funding provided for activities were: ·      eligibility under the Native Title Act 1993; ·      organisational compliance with relevant Commonwealth legislation; ·      workload and associated priorities; ·      transparent and sound processes for developing priorities and subsequent proposed activities; ·      achievable outputs and outcomes and clear priorities identified within defined timeframes; ·      sound and transparent decision-making processes; ·      past performance (of service delivery and the achievement of agreed outputs and outcomes); ·      capacity to deliver services and achieve intended outputs and outcomes; ·      compliance with accountability and reporting requirements under the Native Title Act 1993 and the Program Funding Agreement; and ·      issues relevant to the protection of Commonwealth funds.

(b)   The Delegate for decisions on NTRB funding for 2004-05 was the Manager, Native Title and Land Rights Branch of the (then) Aboriginal and Torres Strait Islander Services. For 2005-06, the Delegate was the Assistant Secretary of the Land Rights Services Branch of the Office of Indigenous Policy Coordination (OIPC).

(5)   This information is not available for 2004-05 as decisions on funding for NTRBs were primarily made on the basis of the previous year’s funding plus a supplementary amount to cover inflation. Further information on the 2004-05 funding process is provided in response to part (2) (above). For 2005-06 OIPC offered funding for 395 of the 401 Native Title modules (activities) contained in Operational Plans submitted by NTRBs. OIPC funded all of the 118 proposed activities involving agreement making, including ILUAs.

(6)   No. The disclosure of the information requested could place the relevant NTRB at a disadvantage in negotiations with respondents.

(7)   The number of Native Title claims that NTRBs decline to represent is not known as NTRBs only seek funding for those claims that it agrees to represent.

(8)   Yes. NTRBs were provided with advice on all decisions that affected the funding of the Operational Plans submitted by NTRBs for 2005-06.

(9)   A workshop was held in Alice Springs in April 2005 for representatives from NTRBs. The focus of the workshop was the development of the Operational Planning concept and its role in determining funding to NTRBs in 2005-06. Most NTRBs were represented at the workshop and were active participants in the development of model Operational Plans. NTRBs were notified of decisions to fund and not fund particular claims and invited to submit a revised budget as necessary. Several NTRBs took the opportunity to provide further information in support of their claim for funding, and in some instances the initial decision, following consideration of the material provided, was varied or reversed.

(10)   NTRBs are responsible for prioritising Native Title claims. Prioritised claims are included in the Operational Plans submitted by NTRBs for funding. The funded Operational Plan for 2005-06 can be varied on request from NTRBs to respond to emerging or changed priorities where sufficient justification exists.

ATTACHMENT A