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Tuesday, 8 February 2005
Page: 141


Senator Brown asked the Minister for Immigration and Multicultural and Indigenous Affairs, upon notice, on 16 November 2004:

With reference to the administration of the Aboriginal Councils and Associations Act 1976 and, in particular, to section 60:

(1)   Given that an authorised person must produce written authority provided by the Registrar before exercising any powers under this section: (a) which Aboriginal corporations were served with written authority; (b) how was this written authority served and by whom; (c) what were the names of the persons to whom the written authority was given; and (d) which Aboriginal corporations were not served with any written authority.

(2)   Which Aboriginal corporations were and are subject to legal actions by the Registrar.

(3)   Since 1996: (a) how much has been spent by the Registrar’s office on legal matters in relation to section 60 findings; and (b) what are the names of the Aboriginal corporations involved in these matters.

(4) (a)   Did the Registrar act upon complaints from former employees of the Aboriginal and Torres Strait Islander Commission (ATSIC) and the Aboriginal and Torres Strait Islander Services (ATSIS) to institute action under section 60; and (b) which Aboriginal corporations were recommended for examination on the instruction of the former ATSIC or ATSIS.

(5)   Were procedures in place between the Registrar’s office and the former ATSIC and ATSIS to allow for Commonwealth employees of either the Registrar’s office or the former ATSIC or ATSIS to engage in a deliberate process of instructing solicitors engaged in court proceedings initiated by the Registrar’s office.


Senator Vanstone (Minister for Immigration and Multicultural and Indigenous Affairs and Minister Assisting the Prime Minister for Indigenous Affairs) —The answer to the honourable senator’s question is as follows:

(1) (a)   When the Registrar or the Registrar’s delegate authorises the completion of an examination of the documents of a corporation pursuant to Section 60 of the ACA Act, a statutory notice is sent to the corporation about one (1) to two (2) weeks prior to the commencement of the examination. In addition a copy of the statutory notice is also given to the examiner(s) for production at the commencement of all examinations. A list of all corporations examined by the Registrar since 1996 is attached in answer to your Question No 4 (2).

(b)   In the first instance the statutory notice is usually sent to the Board at the corporation’s registered address and the Public Officer of each Corporation by post, and in most circumstances the Notice is also faxed to the Chairperson of the Board at the corporation’s registered address. A copy of the statutory notice is also produced to a member of the Board or an officer of the corporation by the examiner at the commencement of the examination.

(c)   Section 60(8) of the ACA Act requires production of the statutory notice by the authorised person (the examiner) before commencing the examination, but it does not stipulate that records of the name of the actual person to whom the notice was produced be maintained. As previously mentioned the examiner will produce the statutory notice to a board member or an officer of the corporation at the commencement of the examination work.

(d)   None

(2)   A list of Aboriginal corporations that were and are subject to legal action by the Registrar is at Attachment A. The list includes the names of all corporations where legal costs were incurred as follows;

  • for action to wind up corporations
  • for the costs of legal advice associated with statutory notices and other matters, and
  • for legal costs on behalf of an Administrator or a Liquidator to pursue matters such as actions against individuals in relation to civil and/or criminal matters.

(3) (a)   —

1995/96

$353,843

1996/97

$405,507

1997/98

$582,263

1998/99

$601,781

1999/00

$392,063

2000/01

$229,714

2001/02

$248,413

2002/03

$297,185

2003/04

$300,000

(b)   The names of the Aboriginal corporations are included in the list provided in response to Question 3 (2).

(4) (a)   The Registrar receives information and complaints from many different sources (eg. members of corporations, members of the public, Commonwealth and State government agencies who provide grants to corporations, members of Commonwealth and State Parliaments, auditors engaged by corporations). Every complaint is researched and assessed by the Registrar’s staff before a decision is made about whether any intervention is required.

(b)   The Registrar does not take instructions from ATSIC, ATSIS or any other Commonwealth or State government agency in the exercise of statutory functions under the ACA Act.

(5)   When the Registrar initiates legal action, the Registrar or the Registrar’s staff instructs the Registrar’s solicitor. There is no procedure in place that allows ATSIC, ATSIS or any other Commonwealth or State government agency to pursue any matter under the ACA Act on the Registrar’s behalf.

If the Registrar decides to provide funds to an Administrator (appointed by the Registrar) or a Liquidator (appointed by the Court) to engage a solicitor to take legal action against any person associated with an Aboriginal corporation, the Administrator or Liquidator instruct that solicitor. Likewise if a Commonwealth or State government agency decides to provide funds to an Administrator or Liquidator to take legal action, the latter instruct the solicitor.

Attachment A

QUESTION 3 (2) and 3(3)(b) - THE NAMES OF THE ABORIGINAL CORPORATIONS FOR WHICH THE REGISTRAR’S OFFICE HAS INCURRED COSTS FOR LEGAL MATTERS ARISING OUT OF SECTION 60 EXAMINATION FINDINGS

1996/97 YEAR

Australian Capital Territory

ACT Ngunnawal Education Aboriginal Corporation

Bogong Community Aboriginal and Torres Strait Islanders Corporation

New South Wales

Kamilaroi Aboriginal Corporation

Moree Aboriginal Sobriety House Aboriginal Corporation

National Indigenous Advisory Group Aboriginal Corporation

Perleeka Television - An Aboriginal Corporation

Central Area Training Accounting and Resource Aboriginal Corporation

Dubbo Koorie Housing Aboriginal Corporation

Gilgandra Aboriginal Corporation

Gular CDEP Aboriginal Corporation

Illawarra Aboriginal Medical Service Aboriginal Corporation

Muli Art Aboriginal Corporation

Nanima Progress Association (Aboriginal Corporation)

New Burnt Bridge Aboriginal Corporation

North Star Construction Aboriginal Corporation

Northern Star Aboriginal Corporation

Sandhills Advancement Aboriginal Corporation

Southern and Western Regional Aboriginal Corporation for Justice

Tharawal Aboriginal Corporation

Queensland

Barambah Men’s Aboriginal Corporation

Central Queensland Aboriginal Corporation for Training Resources

Dalaipi Aboriginal and Torres Strait Islanders Corporation

Incarcerated Peoples Cultural Heritage Aboriginal Corporation

Toowoomba Aboriginal and Torres Strait Islanders Corporation for Health Services

Yidinji Community Aboriginal Corporation

Bidgerdii Aboriginal & Torres Strait Islanders Corporation Community Health Service Central Queensland Region

Carpentaria Land Council Aboriginal Corporation

Charleville and Western Areas Aboriginal and Torres Strait Islanders Corporation For Health

Kabi Kabi Aboriginal Corporation

Kuku Djungan Aboriginal Corporation

Townsville and District Aboriginal and Torres Strait Islanders Corporation for Legal Service

Wakka Wakka Legal Aboriginal Corporation

Northern Territory

Acacia Larrakia Aboriginal Corporation

Bulgul Aboriginal Corporation

Top End Aboriginal Bush Broadcasting Association (Aboriginal Corporation)

Wadjigan Aboriginal Corporation

Victoria

Yuroke Students Aboriginal Corporation

Western Australia

Ngurin Aboriginal Corporation

Nyul Nyul Aboriginal Corporation

Eastern Goldfields Aboriginal Corporation Resource Agency

Goldfields Land Council Aboriginal Corporation

Iragul Aboriginal Corporation

Lake Jasper Project (Aboriginal Corporation)

Noongar Land Council Aboriginal Corporation

Southern Aboriginal Corporation

Warta Kutju Aboriginal Corporation

QUESTION 3 (2) and 3(3)(b) - THE NAMES OF THE ABORIGINAL CORPORATIONS FOR WHICH THE REGISTRAR’S OFFICE HAS INCURRED COSTS FOR LEGAL MATTERS ARISING OUT OF SECTION 60 EXAMINATION FINDINGS

1997/98 YEAR

New South Wales

Nucoorilma Aboriginal Corporation

Wirrajarrai Aboriginal Corporation

Girree Girree Aboriginal Corporation

Adjee Aboriginal Corporation

Narwon Housing Aboriginal Corporation

Minnon Housing Aboriginal Corporation

Doonooch Self-Healing Aboriginal Corporation

Gundabooka Aboriginal Corporation

Ngunawal Housing Aboriginal Corporation

Buyinbin Aboriginal Corporation

Riverina Medical & Dental Aboriginal Corporation

Coomealla Health Aboriginal Corporation

Goolburri Aboriginal Corporation Land Council

Queensland

Maithakari North West Queensland Aboriginal Corporation

Mona Mona Aboriginal Corporation

Thallon Aboriginal Corporation

Thoorgine Educational and Culture Centre Aboriginal Corporation

Yirrganydji Tribal Aboriginal Corporation

Townsville and District Aboriginal & Torres Strait Islanders Corporation for Legal Services

Aboriginal Outreach Programme (Aboriginal Corporation)

Marula Aboriginal Corporation

Gulgi-Galbay Aboriginal Corporation

Ghundu Aboriginal & Torres Strait Islanders Corporation

Bidjara Traditional Owners Aboriginal Corporation for Land Culture and Heritage

Gurang Land Council Aboriginal Corporation

Nungeena Aboriginal Corporation For Womens Business

Victoria

Yangennanock Aboriginal Corporation

Western Australia

Bibelmen Mia Aboriginal Corporation

Kal Services Aboriginal Corporation

Kulan Nintibai Child Care Aboriginal Corporation

Walagunya Aboriginal Corporation

West Pilbara Land Council Aboriginal Corporation

Karla Aboriginal Corporation

Goldfields Land Council Aboriginal Corporation

West Pilbara Land Council Aboriginal Corporation

Gubrun Aboriginal Corporation

Mallingbarr Aboriginal Corporation

Esperance Aboriginal Corporation

Northern Territory

Woodycupaldiya Aboriginal Corporation

Yantjarrwu Outstation Resource Centre Aboriginal Corporation

Top-End Aboriginal Bush Broadcasting (Aboriginal Corporation)

QUESTION 3 (2) and 3(3)(b) - THE NAMES OF THE ABORIGINAL CORPORATIONS FOR WHICH THE REGISTRAR’S OFFICE HAS INCURRED COSTS FOR LEGAL MATTERS ARISING OUT OF SECTION 60 EXAMINATION FINDINGS

1998/99 YEAR

New South Wales

Allambi Aboriginal Corporation

Boggabilla Aboriginal Corporation

Cabarita Aboriginal Corporation

Carnma Trading Aboriginal Corporation

Euston Aboriginal Corporation

Gillarwarna Aboriginal Corporation

Gingie Community Aboriginal Corporation

Jannawigu Youth Centre Aboriginal Corporation

Leeton and District Aboriginal Corporation

Mungindi Aboriginal Corporation

Nambucca Valley Aboriginal Corporation for Sport

Narooma Community Centre Aboriginal Corporation

Orange Mirriwinni Aboriginal Corporation

South Coast Youth Movement Aboriginal Corporation

Yarrahappinni Aboriginal Corporation

Hunter Valley Aboriginal Corporation

Tenterfield Aboriginal Corporation

Kullila Welfare and Housing Aboriginal Corporation

Western Australia

Balangarri Aboriginal Corporation

Karalundi Community Aboriginal Corporation

Meearu Djarula Aboriginal Corporation

Morrell Park Farm Aboriginal Corporation

Murnkurni Women’s Aboriginal Corporation

Wungu Aboriginal Corporation

Yorganop Child Care Aboriginal Corporation

Queensland

Ghundu Aboriginal and Torres Strait Islanders Corporation

Munding-Garrbay Aboriginal Corporation

National Aboriginal and Islanders Legal Services Secretariat Aboriginal Corporation (NAILSS)

Ngumarryina Aboriginal Corporation

Queensland Aboriginal and Torres Strait Islanders Corporation for Legal Services Secretariat (QAILSS)

Wanamara Aboriginal Corporation

Nalingu Aboriginal Corporation

KASH Aboriginal Corporation

Giangurra Aboriginal Corporation

Yaamba Aboriginal and Torres Strait Islanders Corporation for Men

Petford Training Farm Aboriginal Corporation

Northern Territory

Allalgara/Annangara Aboriginal Corporation

Babbarra Women’s Council Aboriginal Corporation

Gluunurra Aboriginal Corporation

Mbantarinya Aboriginal Corporation

Tiwi Ngaripuluwamigi Aboriginal Corporation

Ukaka Aboriginal Corporation

Wogayala Aboriginal Corporation

Balangarri Aboriginal Corporation

Emama Gnuda Aboriginal Corporation

Gubrun Aboriginal Corporation

South Australia

Nalta Ruwe Aboriginal Corporation

QUESTION 3 (2) and 3(3)(b) - THE NAMES OF THE ABORIGINAL CORPORATIONS FOR WHICH THE REGISTRAR’S OFFICE HAS INCURRED COSTS FOR LEGAL MATTERS ARISING OUT OF SECTION 60 EXAMINATION FINDINGS

1999/2000 YEAR

New South Wales

Dhunghulla Economic Development Aboriginal Corporation

Orana Barellan Aboriginal Corporation

Central Area Training Accounting and Resource Aboriginal Corporation

Cootamundra and Districts Aboriginal Corporation

Tingha Aboriginal Corporation

Black Swan Aboriginal Theatre (Aboriginal Corporation)

New Burnt Bridge Aboriginal Corporation

Wongaibon Women’s Aboriginal Corporation

Armidale Baalapiny Housing Aboriginal Corporation

Kattang Housing Aboriginal Corporation

Gunyah Housing Aboriginal Corporation

Mirrabooka Housing Aboriginal Corporation

NSW Women’s Aboriginal Corporation

Mrangalli Housing Aboriginal Corporation

Narrandera Wiradjuri Elders Group Aboriginal Corporation

Twofold Aboriginal Corporation

Nulla Nulla Boongutti Aboriginal Corporation

Mrangalli Aboriginal Corporation

Mrangalli Housing Aboriginal Corporation

Towri Aboriginal Corporation

Queensland

King Kiara Community Council (Aboriginal Corporation)

Keriba Kazil Torres Strait Islanders Corporation

Gungandji Aboriginal Corporation

Camu Goun-Doi Aboriginal Corporation

Uutaalnganu Aboriginal Corporation

Petford Training Farm (Aboriginal Corporation)

Townsville Regional Aboriginal & Torres Strait Islanders Corporation for Youth

Manth-thayan Aboriginal Corporation

Capricorn Aboriginal Corporation for Heritage and Culture

Lockhart Women’s Aboriginal Corporation

Nurapai Torres Strait Islanders Corporation

Millmerran Aboriginal and Torres Strait Islanders Corporation

Dabu Jajikal Aboriginal Corporation

Dirrabandi Aboriginal Corporation

Theodore Aboriginal Corporation

Nurapai Torres Strait Islanders Corporation

Napranum Aboriginal Corporation

Theodore Aboriginal Corporation

Wiri/Yuwiburra “Touri” Aboriginal Corporation

Link-up (QLD) Aboriginal Corporation

Northern Territory

Mistake Creek Aboriginal Corporation

Payeperrentye Aboriginal Corporation

Mount Liebig Aboriginal Corporation

Sandover Farm Aboriginal Corporation

Tuwakam Aboriginal Corporation

Kuwuma Djudian Aboriginal Corporation

Flinders Outstation Aboriginal Corporation

Jangirurlu Aboriginal Corporation

Arrunge Aboriginal Corporation

Utopia Cultural Centre and Utopia Awely Batik Aboriginal Corporation

Ahalpere/Pitchi Richi Aboriginal Corporation

Likajarrayinda Aboriginal Corporation

Mungoorbada Aboriginal Corporation

Irrwanyere Aboriginal Corporation

Gulin Gulin and Weemol Community Council Aboriginal Corporation

Rrumburriya Malandari Council Aboriginal Corporation

Western Australia

Gooda Binya Aboriginal Corporation

Kupartiya (Aboriginal Corporation)

Gulingi Nangga Aboriginal Corporation

Ngadju Bugarla Miming Wamu Wamu Aboriginal Corporation

Balangarri Aboriginal Corporation

Miniarra Resource Agency Aboriginal Corporation

Butchilbidi Aboriginal Corporation

Buurabalayji Thalanyji Aboriginal Corporation

Onslow Women’s Aboriginal Corporation

Wandanooka Aboriginal Corporation.

Morawa Aboriginal Corporation

Gubrun Aboriginal Corporation

Yonga Aboriginal Corporation

Aboriginal Driver Training Program Aboriginal Corporation

Yathalla Group Aboriginal Corporation

Guddoo Marddah Aboriginal Corporation

Aboriginal Movement for Outback Survival Aboriginal Corporation

Tkalkaboorda Community Aboriginal Corporation

Barrel Well Community Nanda Aboriginal Corporation

Gumala Aboriginal Corporation

Ngoonjuwah Council Aboriginal Corporation

Murchison Region Aboriginal Corporation

Carnarvon Medical Service Aboriginal Corporation

South Australia

Aboriginal Corporation of Employment and Training Development

Tasmania

Indigenous Tasmanians Aboriginal Corporation

QUESTION 3 (2) and 3(3)(b) - THE NAMES OF THE ABORIGINAL CORPORATIONS FOR WHICH THE REGISTRAR’S OFFICE HAS INCURRED COSTS FOR LEGAL MATTERS ARISING OUT OF SECTION 60 EXAMINATION FINDINGS

2000/2001 YEAR

New South Wales

Aboriginal Youth Accommodation (Aboriginal Corporation)

Doonooch Self-Healing Aboriginal Corporation

Dubbo Koorie Housing Aboriginal Corporation

Guri Wa Ngundagar Aboriginal Corporation

Queensland

Harlaxton Youth and Sporting Aboriginal Corporation

Kooma Aboriginal Corporation for Land

Marillac House Aboriginal Corporation

Twin Cities Aboriginal and Torres Strait Islanders Corporation

Jiddabul Aboriginal Corporation

Victoria

Kerrup Jmara Elders Aboriginal Corporation

Western Australia

Tkalkaboorda Community Aboriginal Corporation

Yamatji Media Aboriginal Corporation

Gobawarrah Minduarra Yinhawanga Aboriginal Corporation

QUESTION 3 (2) and 3(3)(b) - THE NAMES OF THE ABORIGINAL CORPORATIONS FOR WHICH THE REGISTRAR’S OFFICE HAS INCURRED COSTS FOR LEGAL MATTERS ARISING OUT OF SECTION 60 EXAMINATION FINDINGS

2001/2002 YEAR

New South Wales

Gilgandra Aboriginal Corporation

Ningi Aboriginal Corporation

Queensland

Wiri/Yuwiburra “Touri” Aboriginal Corporation

Ang-Gnarra Aboriginal Corporation of Laura

Toowoomba Aboriginal Corporation for Community Welfare

Murri-Aid Inala Aboriginal & Torres Strait Islander Corporation

Western Australia

Koomaal Aboriginal Corporation

Narrogin Aboriginal Corporation

Louisa Downs Aboriginal Corporation

Noongar Language and Culture Centre Aboriginal Corporation

Bega Garnbirringu Health Services Aboriginal Corporation

Goomburrup Aboriginal Corporation

QUESTION 3 (2) and 3(3)(b) - THE NAMES OF THE ABORIGINAL CORPORATIONS FOR WHICH THE REGISTRAR’S OFFICE HAS INCURRED COSTS FOR LEGAL MATTERS ARISING OUT OF SECTION 60 EXAMINATION FINDINGS

2002/2003 YEAR

New South Wales

Gundabooka Aboriginal Corporation

Brewarrina Aboriginal Cultural Tourism Aboriginal Corporation

Brewarrina Aboriginal Cultural Museum Aboriginal Corporation

Noongar Language & Culture Centre Aboriginal Corporation

Carnma CDEP Aboriginal Corporation

Munjuwa Health Housing & Community Aboriginal Corporation

Queensland

Aboriginal & Torres Strait Islander Corporation For All Sports Health & Recreation Association

Mitakoodi Aboriginal Corporation

Western Australia

Karijini Aboriginal Corporation

Martidja Banyjima Aboriginal Corporation

QUESTION 3 (2) and 3(3)(b) - THE NAMES OF THE ABORIGINAL CORPORATIONS FOR WHICH THE REGISTRAR’S OFFICE HAS INCURRED COSTS FOR LEGAL MATTERS ARISING OUT OF SECTION 60 EXAMINATION FINDINGS

2003/2004 YEAR

New South Wales

Boree Aboriginal Corporation

Carnma CDEP Aboriginal Corporation

Gunangarah Aboriginal Corporation for Housing

Boorabee Aboriginal Corporation

Armidale Employment Aboriginal Corporation

Queensland

Brisbane North Aboriginal and Torres Strait Islanders Corporation for Aged Care

Yuddika (Aboriginal and Torres Strait Islanders Corporation)

Kalkadoon Aboriginal Corporation

Central Queensland Aboriginal Corporation for Media

Mount Morgan Aboriginal Corporation

Western Australia

South-West Aboriginal Medical Service Aboriginal Corporation

Kununurra Region Economic Aboriginal Corporation

Wirrimanu Aboriginal Corporation