Wagyl Kaip and Gnaala Karla Booja member directors announced

18 February 2021

The independent returning officer yesterday declared the results of the election for member directors for the Wagyl Kaip and Gnaala Karla Booja wards. The election follows no result from the 2020 election for both wards.

Laurence Riley was declared elected as the member director for the Wagyl Kaip ward and Roger Pickett for the Gnaala Karla Booja ward.

Mr Riley said that he was grateful to the members of the Wagyl Kaip ward for putting their confidence in him to progress the implementation of the South West native title settlement.

“There has been a lot of hard work, sacrifice and commitment in getting the deal this far, and I give my undertaking to give every effort in seeing the vision of my old people brought to life.  The deal may not be what some people hoped to receive but it’s all we have right now, and if strategically implemented, all Noongar people and communities will benefit from what’s available to them,” Mr Riley said.

“My priorities will be to re-instil the principles of trust, honesty, and transparency back into the organisation from all stakeholders, but most importantly regain the trust from our people, the Noongar people of this great nation,” Mr Riley said.

“Providing opportunities for decisions made through greater consultation and inclusion will ensure ownership from the people. If we can re-unify our communities, then the opportunities will be endless. I’m looking forward to my term, and to bring about a brighter future for all for many years to come,” said Mr Riley.

Mr Pickett thanked the SWALSC members of the Gnaala Karla Booja ward for their support.

“I would like to say how grateful and appreciative I am of having been given the opportunity to represent our people from the GKB ward,” Mr Pickett said.

“I would like to thank all the members who took the time to vote, twice. I would also like to congratulate the nominees who stood for election as director for GKB and pay my respects for the ongoing contribution they make to our community,” Mr Pickett said.

“I am, and will continue to be, fully committed to giving my all to what is right for us as a people and will do my upmost to help achieve this through my leadership whilst bringing everyone on the journey together equally,” said Mr Pickett.

SWALSC Chairperson, Vanessa Kickett, congratulated Laurence Riley and Roger Pickett on their election and welcomed them as directors.

“I would like to congratulate Laurence Riley and Roger Pickett on their election and welcome them both as directors for SWALSC.  I would also like to thank the other candidates who put themselves forward for consideration by our community,” Mrs Kickett said.

“The appointment of Mr Riley and Mr Pickett means that SWALSC now has a full complement of directors.  I look forward to working closely with all the directors as we work to implement the South West Settlement for the benefit of all Noongar People,” said Mrs Kickett.

Media contact: Jai Wilson 0427 690 053.

Calling for Expressions of Interest

NOONGAR BOODJA TRUST

In preparation for the establishment of the Noongar Boodja Trust, the Nominations Committee of the Noongar Boodja Trust is calling for expressions of interest from people who would like to nominate to the Investment Committee and also the Noongar Advisory Company.

INVESTMENT COMMITTEE DIRECTORS

The Investment Committee will guide and review the investment decisions of the Trustee. When the Noongar Corporations Committee (NCC) is established, the NCC will nominate two (2) Noongar members to the Investment Committee. Currently, four vacancies exist for two (2) independent property experts; and two (2) independent investment experts.

You can download the expression of interest packs for the Investment Committee Directors here: 

·      two (2) independent property experts; and 

·      two (2) independent investment experts.

NOONGAR ADVISORY COMPANY

This Company will transition to the Noongar Trustee in 12 years’ time. It will advise the Trustee in managing Noongar assets and play a significant role in fostering mutual respect and co-operation, building relationships between the Noongar Community and the Trustee.

You can download the expression of interest packs for the Noongar Advisory Company here:

·      two (2) Independent Directors; and 

·      two (2) Noongar Directors.

For More Information

Visit www.fdio.com.au/noongar to download the Expression of Interest packs for each of the roles, and the Noongar Boodja Trust Community Guide for more information about eligibility and criteria for available positions.

Applications close Friday 26 February 2021

Yued member-elected director announced

Brendan Moore has been elected unopposed as the member-elected director of SWALSC for the Yued ward.

The independent Returning Officer declared Mr Moore elected after conducting a nominations process for the ward after no nominations were received for the ward in the 2020 elections.

Mr Moore has served previously as a member-elected director for the Yued ward and brings this experience with him to the role.

Mr Moore was born in Moora, in the heart of Yued Boodja, and grew up on a farm in Dandaragan with his four siblings. Brendan has a Bachelor of Applied Science, a Masters of International Studies, and is an Associate Fellow Australian Institute of Management.

Brendan is committed to taking a hard line against racism, encouraging opportunity, sticking up for the oppressed, and empowering his fellow countrymen.

“I thank the Yued people for supporting my nomination as the Yued member-elected director, and with your continued support and trust, the future is ours for the taking. I know we can do anything if and when we work 100% together,” Brendan Moore said when informed of his election.

SWALSC Chair, Vanessa Kickett welcomed Mr Moore’s election, “I welcome Brendan Moore to the board of directors for SWALSC, and look forward to working closely with him and the other directors as we work to implement the South West Settlement for the benefit of all Noongar People”.

The election for the remaining two member-elected directors for the Gnaala Karla Booja and Wagyl Kaip wards are currently underway, with ballot papers and declarations due to be returned to the independent returning officer by 12.00pm on 16 February 2021. 

Enquiries about the elections for the member-elected directors for the Gnaala Karla Booja ward and Wagyl Kaip ward should be directed to the independent returning officer, Mr Thomas Darbyshire, Returning Officer, C/- Edwards Mac Scovell, Level 1, 8 St Georges Terrace Perth WA 6000, (08) 6245 0222, Tom.darbyshire@emslegal.com.au.

Contact: Jai Wilson, 0427 690 053

Listening Meetings

PURPOSE OF THE MEETINGS:

1. How did we get here?

• Background of the South West Settlement and the Noongar Boodja Trust and what they will deliver for Noongar people

• An explanation of the High Court decision that resolved five years of appeals against the registration of the ILUAs

• The Noongar governance structure for the South West Settlement.

2. Where do we go from here?

Information about the steps that will need to be taken this year to establish the Noongar governance structure, including the six regional Noongar corporations, and to transition to the new structure.

3. Have your say

Tell us what are the priorities for you and your community and how information can be provided to you.

25 January 2021

Director election update

The election process under the SWALSC rule book for member directors for the Yued, Wagyl Kaip and Gnaala Karla Booja wards was re-commenced in December 2020. The independent Returning Officer has released the following statement in relation to elections for the Wagyl Kaip and Gnaala Karla Booja wards. A further announcement is expected in relation to the Yued ward. 

“I, Thomas Darbyshire have been appointed by SWALSC to be Returning Officer for the director elections for the Wagyl Kaip and Gnaala Karla Booja wards. As more than one eligible nomination has been received for each of these wards, a postal ballot will be undertaken.

The mailout of ballot papers to members of the Wagyl Kaip and Gnaala Karla Booja wards will occur in the week commencing 25 January 2021. Members will receive an election pack containing a reply paid envelope for the return of ballot papers and voter’s declarations. Ballot papers and declarations must be returned to me by 12.00pm on 16 February 2021, after which time I will be undertaking the counting of the votes and the declaration of the election results.

Enquiries about the ballot should be directed to myself, Thomas Darbyshire, Returning Officer, C/- Edwards Mac Scovell, Level 1, 8 St Georges Terrace Perth WA 6000, (08) 6245 0222, Tom.darbyshire@emslegal.com.au.

Thomas Darbyshire

25 January 2021”

23 December 2020

Nominations open for member-elected director for Yued ward

The three-year term for the Yued ward member-elected director expired at the SWALSC AGM on Monday, 16 November 2020.

Nominations are now open for candidates who are members of SWALSC and registered in the Yued ward and will close 12pm, 13 January 2021.

Candidate nominations must include an acceptable national police clearance which is no more than 12 months old and meet the other requirements set out in the election notice and candidate pack that can be downloaded at the this link. The SWALSC election rules can be found at this link.

For more information, please contact the Returning Officer, Thomas Darbyshire, by email to tom.darbyshire@emslegal.com.au or by phone (08) 6245 0222.

Click on this image to download the candidate information pack.

SWALSC welcomes High Court decision to clear the path to implement the South West Native Title Settlement

South West Aboriginal Land and Sea Council Chair Vanessa Kickett has welcomed today's decision by the High Court of Australia to dismiss all special leave applications challenging the registration of the six Indigenous Land Use Agreements (ILUAs), that form the South West Native Title Settlement.

The High Court’s decision means that all avenues for review of the Native Title Registrar’s decisions to register the ILUAs in October 2018, have now been exhausted.

The decision clears the path for the conclusive registration of the six ILUAs that underpin the agreement negotiated by the Noongar people and the State of Western Australia.

This negotiated agreement will resolve all native title claims in Noongar country in exchange for a package of land and other benefits worth around $1.3 billion for Noongar people.

SWALSC will now begin the work of preparing for the implementation of the negotiated agreement including the transition to a Central Services Corporation and the creation of six Noongar Regional Corporations that will represent the rights and interests of the Noongar people.

Comments attributed to SWALSC Chair Vanessa Kickett:

“I am delighted that the High Court has decided today to dismiss the applications for special leave to appeal.

“The High Court’s decision today brings to a close five years of appeals to the negotiated agreement that was accepted by the Noongar people in six authorisation meetings in 2015.

“Today I remember the Noongar Elders who fought so long to win justice for our people and who passed before they were able to see this day come to pass and I pay my respects to their memory and the legacy they leave for us.

“On behalf of the SWALSC Board, I ask the Noongar community to accept today’s decision and come together with us as we begin the nation-building task we have ahead of us.

“The path to date has brought many challenges, but we remain focused on honouring the vision of our ancestors, our elders and our communities, whose guidance and dignity inspire us to be strong and proud.

Media contact: Jai Wilson 0427 690 053 or jai.wilson@noongar.org.au

Mrs Vanessa Kickett elected Chairperson of SWALSC

At the first meeting of the newly elected directors of the South West Aboriginal Land and Sea Council (SWALSC) today, Mrs Vanessa Kickett was elected as the Chairperson of SWALSC.

The Board resolved to appoint Mrs Kickett to the role of Chairperson for a twelve-month period.

Mrs Kickett is a proud Whadjuk Noongar woman with over fifteen years professional experience in policy, contract management, Aboriginal heritage and culture, native title and Aboriginal engagement throughout Noongar Boodja.

“I am deeply honoured to have been given the trust of my fellow Board members to be appointed as the Chairperson of SWLASC during this very important and exciting time for our Noongar People,” Mrs Kickett said.

“On the 26 of November 2020, the High Court of Australia will hear oral submissions for the applications for special leave to appeal.  We are hoping the High Court rejects the applications so that we can begin the important work of implementing the South West Native Title Agreement.”

“Five years ago, the Noongar people voted to accept the negotiated agreement between the Noongar People and the State of Western Australia. While we have waited for the court processes and appeals to work their way through the legal system, we have lost many of our Elders who worked so hard to see this agreement to come to pass.”

In addition to Mrs Kickett, Barry Winmar and Noelene McCormick were also appointed as directors at this week’s AGM.  Expert director David Ashton continues in his role and is joined by a second expert director, Vanida Lennon.  There are three vacancies on the Board and by-elections will be held shortly to elect these positions.

“The new directors of SWALSC will work tirelessly to ensure that the vision our Elders fought so hard for will be delivered for the benefit of all our Noongar People.  While it is sad that many of those Elders have passed before they were able to see the agreement implemented, we will do everything we can to honour their vision and their memory,” Mrs Kickett said.

“The new directors of SWALSC will focus on developing the capacity of SWALSC and earning the trust and support of the Noongar community as we prepare for SWALSC to transition into the Central Services Corporation and work to establish the six new Noongar Regional Corporations once the Agreement begins implementation.”

Project Manager appointed

Arrangements have been finalised with the Commonwealth to appoint a Project Manager for SWALSC following the departure of the former Chief Executive Officer on the 13th of October 2020.

The Commonwealth has appointed the firm Grant Thornton Australia as the Project Manager, and Grant Thornton Australia have appointed one of their Partners, Mr Anthony Beven, to act in this role.

Anthony Beven is a legal practitioner with over 20 years’ experience as a senior statutory officeholder, including ten years as Registrar of Aboriginal and Torres Strait Islander Corporations and eight years as an ASIC Regional Commissioner.

He has a deep knowledge and understanding of Aboriginal and Torres Strait Islander culture having worked closely with Aboriginal and Torres Strait Islander people, organisations and communities around Australia. He also has expertise in forensic investigation.

Grant Thornton Australia will be the Project Manager for SWALSC until at least 31 March 2021, and the arrangement shall come to an end by the mutual agreement of the Commonwealth and SWALSC.

The Project Manager shall:
a) undertake all the functions that would otherwise be performed by the CEO with respect to the Project, including in relation to director’s meetings;
b) manage staffing issues arising from the departure of former senior executives;
c) manage the transition from the outgoing to the incoming board including arranging appropriate governance training;
d) manage the transition process to a central services corporation and implement other aspects of the South West Settlement process including community and government liaison; and
e) manage the selection process and induction for a new CEO and, if necessary, work alongside that CEO for an introductory period.

SWALSC has given an undertaking to, at all times, actively cooperate with the Project Manager in good faith, and to provide all assistance, access and information reasonably necessary for the Project Manager to perform the functions they have been engaged to perform.

SWALSC Project Manager Anthony Beven

SWALSC directors election update

SWALSC has been advised by the independent Returning Officer of the results of the elections for member-elected Directors: 

“I confirm and formally forward to the South West Land and Sea Council (SWALSC) the results of the Ballot for Directors Election 2020 as certified by Computershare Investor Services Pty Limited who were appointed as the Relationship Manager to oversee the processing, audit and collation of the final ballot result. 

Additionally, I have made recommendations on the Wards that do not have a clear winner. I confirm that the postal ballot closed on Monday, 26 October 2020 with the results which are as summarised below:

Ballardong Ward

• Barry Winmar was elected by ballot.

Whadjuk Ward

• Vanessa Kickett was elected by ballot.

South West Boojarah

• Noelene McCormick was elected by ballot.

Gnaala Karla Booja Ward

• The vote was tied. By-election recommended to break deadlock.

Wagyl Kaip Ward *

• Previous declaration rescinded due to legal advice on process. Further election or by-election recommended.

Yued Ward

• Sole Candidate Withdrawn for personal reasons therefore provisional declaration rescinded. By-election recommended.

* With respect to the Wagyl Kaip ward, the Returning Officer and SWALSC has received legal demands on the conduct of the election process for this ward. At the commencement of the Ballot process the view of the Selections Committee had been that only one candidate John Penny, was eligible to stand. Accordingly, he was provisionally declared the candidate-elect, a decision that would have then been noted (see Rule Book, Rule 9.4.1 (d)) at the SWALSC AGM on the 16th November 2020. Upon receipt of detailed legal advice, I have rescinded my earlier decision on this declaration of John Penny, and have made a new ruling that no candidate be declared for the Wagyl Kaip Ward and have recommended that SWALSC consider a further election process in line with the legal advice received.

Regards

Shawn Boyle

Returning Officer”

SWALSC directors election update

The SWALSC elections for Directors has progressed to the Ballot stage.

Following the process set out in Rule 9 of the SWALSC Rule book, members have been mailed ballots for the following eligible candidates in the following wards: 

Gnaala Karla Booja

Roger Pickett, Phil Matera, Geri Hayden, Shirley Viti and James Bowron

South West Boojarah

Noelene McCormick, Chontarle Bellottie and Malcolm Williams

Whadjuk

Vanessa Kickett and Noel Morich

Ballardong

Kevin Fitzgerald, Barbara Bynder and Barry Winmar

The following Wards had only one eligible candidate and as a result the candidate will be declared elected unopposed at the close of the election process.

Wagyl Kaip: John Penny

Yued: Margaret Drayton

Polls close on the 26th October 2020.

Shawn Boyle

Returning Officer

Aboriginal land councils say new Aboriginal cultural heritage laws are “pointless”

After a review of the draft bill, the Kimberley Land Council (KLC) and the South West Aboriginal Land and Sea Council (SWALSC), say that proposed changes to WA’s Aboriginal Heritage law will not stop the destruction of scared sites as long as decision- making power over their protection remains with a government minister.

The McGowan government’s key selling points for the new act was the removal of Section 18, which allows for the destruction of sacred sites such as those destroyed by Rio Tinto at Juukan Gorge, and an increase in fines for those who break the law from $50,000 to $10 million.

The government claims changes to the bill will “transform how Aboriginal cultural heritage is identified, protected and managed”. The KLC and the SWALSC say this is hugely misleading and that unauthorised destruction is not the only problem and Traditional Owners should have the final say.

“Let’s not forget that what happened at Juukan Gorge was legal,” said Kimberley Land Council, CEO, Nolan Hunter. “Rio Tinto asked for Ministerial consent under section 18 of the Aboriginal Heritage Act, and this consent was granted by the Minister of the day.

Whilst the changes remove Section 18, government endorsed destruction without the agreement of Traditional Owners would still be possible under a re-badged and rebranded Section 139.” “With a few more checks and balances, a minister will still have the final say on if a sacred site is important or not. How is that better than what we have now?”

Agreeing with the assessment made by the KLC, SWALSC CEO Wayne Nannup said that the new bill would not make any difference if the attitude of Ministers stays the same. Over 99 percent of the 400 plus section 18 applications made by miners and developers to the McGowan government have been granted.

“If Ministers are going to continue to grant their consent to the destruction Aboriginal heritage to almost everyone who asks them, then does it really matter what is in the rest of the bill?”, Wayne Nannup, CEO, SWALSC asked.

Mr Nannup said that the recent experience of Minister Wyatt consenting to the destruction of registered Noongar ceremonial ground Munday Swamp against the advice of the ACMC and the express wishes of the Noongar People has caused great distress in the Noongar community.

“If Ministers cannot be trusted to protect Aboriginal heritage sites by saying ‘no’ when asked to give their consent to destroy them, then it falls to industry and developers to show some self-restraint and stop asking,” said Mr Nannup.

Recent damage to sacred sites in the East Kimberley is yet another example of the disconnect within government that is enabling destruction to continue despite the acknowledgement of heritage sites.

“The Minister for Mines is holding a recommendation for Kimberley Granite Holdings to mine, while his own Cabinet colleagues have told him there is a significant Aboriginal site in the same location,” said KLC CEO Mr Hunter. “Rather than decline the application, the Minister for Mines is actively supporting the grant of the mining lease in the proceedings before the National Native Title Tribunal. He knows that the National Native Title Tribunal approves similar projects almost without exception with only three applications rejected since 1994.”

The KLC and the SWALSC are calling on government and industry to engage with them directly to come up with a workable solution that provides free, prior and informed consent to Aboriginal people about any works that would damage Aboriginal culture and heritage values.

“It’s not the intention of Traditional Owners to hinder industry. We need to know that when we say ‘’no’’ that this will be respected, and there isn’t a loophole for miners or other operators to get what they want,” said Mr Hunter.

“We are asking industry to engage with us directly to come up with an approach that balances the needs of industry with those of heritage protection. This draft bill certainly isn’t it, and we will do all we can to block it.”

Media contacts

Shannon Wilson, Media Coordinator, Kimberley Land Council. 0408 436 987 shannon.wilson@klc.org.au

Jai Wilson, Communications Coordinator, South West Aboriginal Land and Sea Council. 0427 690 053 jai.wilson@noongar.org.au

SWALSC legal update

On the 19th of December 2019, the three judges of the Full Court of the Federal Court of Australia handed down their joint decision unanimously dismissing the applications to have the Registrar’s decision to register the six Indigenous Land Use Agreements (ILUAs) set aside.

Marianne Mackay, Mingli McGlade, Naomi Smith, Fabian Yarran, Margaret Culbong, Dion Joseph, Meretta Kickett, and Antonia Phillips had asked the Federal Court to overturn the decision of the Registrar of the National Native Title Tribunal made on the 17th of October 2018, when she registered all six ILUAs that make up the South West Native Title Settlement.

In rejecting all of these applications, the three judges of the Full Court of the Federal Court were satisfied that the Registrar made a valid decision to register the six ILUAs, and that the claims made by the Applicants were without merit. Costs were also awarded against the Applicants.

Decisions of the Full Court of the Federal Court of Australia can be appealed to the High Court, but this is not an automatic right of appeal. The High Court has the right to decide whether or not it will hear an appeal.

Before Applicants can have their appeals heard by the High Court, they must first apply for special leave to have their case heard.  The High Court can decide to either accept the special leave application and hear the appeal or reject the special leave application.

On the 20th of January 2020, Mingli McGlade, Naomi Smith, Margaret Culbong and Fabian Yarran filed applications for special leave with the High Court seeking leave to appeal the decision of the Full Court of the Federal Court. SWALSC filed written responses to the Applicants’ reasons on the 10th of February 2020.

These Applicants were then given the opportunity to reply to SWALSC’s responses by the 17th of February 2020, after which time the legal papers for those applications were closed.

After the close of papers for those applications, Marianne Mackay then filed a late application for special leave to appeal the decision of the Full Court of the Federal Court in the High Court. SWALSC filed written responses to this late application on the 24th of April 2020. Papers in relation to this late application were due to be closed on the 1st of May 2020.

Marianne Mackay then asked the High Court for three extensions of time to file her reply, with the latest extension date for filing being the 26th of June 2020. Marianne Mackay filed her reply by the 26th of June 2020, but it was rejected by the Registrar. The papers for that application were then resubmitted on the 2nd of July 2020, at which point the papers for Marianne Mackay’s late application were also closed.

On 21 September 2020, the High Court advised SWALSC that they would hear oral submissions on the special leave applications but would only list this hearing after the High Court handed down its decision in the case of Northern Land Council v Quall.  The Quall case was heard by the High Court on 13 August 2020.  It is not certain how long it will take for the High Court to hand down its decision on Quall, but it is likely that it could take around three months from the time it was heard in August.  Oral arguments on special leave applications are heard by the court on the last sitting day of the month, and the Court does not sit in the month of January.  This would mean that it is possible the Court might hear oral arguments for the special leave applications on the 13th of November 2020 at the earliest, the 11th of December 2020, or the 12th of February 2021.

If the High Court decides to accept one or more of the Applications for special leave, then the High Court will hear the appeal at a future date. This decision will result in further delays as we will have wait for the High Court to hear the case, and then wait for the judges to hand down their written decision.

However, if the High Court decides instead to reject the applications for special leave, then that will be the end of the legal process and we will move towards implementing the decision made by the Noongar people in 2015 to accept the South West Native Title Settlement that was negotiated between the State of Western Australia and the Noongar People.

SWALSC will continue to advise members which of these two paths we are going down once the High Court has made its decision about the applications for special leave. SWALSC will continue to act on the instructions of the Noongar people and take all necessary steps to implement the South West Native Title Settlement for the benefit of all Noongar people.

Media contact

Jai Wilson, Communications Coordinator, South West Aboriginal Land and Sea Council. 0427 690 053 jai.wilson@noongar.org.au

SWALSC legal update

On the 19th of December 2019, the three judges of the Full Court of the Federal Court of Australia handed down their unanimous decision dismissing the applications to have the Registrar’s decision to register the six Indigenous Land Use Agreements (ILUAs) set aside.

Marianne Mackay, Mingli McGlade, Naomi Smith, Fabian Yarran, Margaret Culbong, Dion Joseph, Meretta Kickett, and Antonia Phillips had asked the Federal Court to overturn the decision the Registrar of the National Native Title Tribunal made on the 17th of October 2018, when she registered all six ILUAs that make up the South West Native Title Settlement.

In rejecting all of these applications, the three judges of the Full Court of the Federal Court were satisfied that the Registrar made a valid decision to register the six ILUAs, and that the claims made by the Applicants were without merit.  Costs were also awarded against the Applicants.

Decisions of the Full Court of the Federal Court of Australia can be appealed to the High Court, but this is not an automatic right of appeal.  The High Court has the right to decide whether or not it will hear an appeal.

Before Applicants can have their appeals heard by the High Court, they must first apply for special leave to have their case heard.  The High Court can decide to either accept the special leave application and hear the appeal or reject the special leave application.

On the 20th of January 2020, Mingli McGlade, Naomi Smith, Margaret Culbong and Fabian Yarran filed applications for special leave with the High Court seeking leave to appeal the decision of the Full Court of the Federal Court.  SWALSC filed written responses to the Applicants’ reasons on the 10th of February 2020.

These Applicants were then given the opportunity to reply to SWALSC’s responses by the 17th of February 2020, after which time the legal papers for those applications were closed.

After the close of papers for those applications, Marianne Mackay then filed a late application for special leave to appeal the decision of the Full Court of the Federal Court in the High Court.  SWALSC filed written responses to this late application on the 24th of April 2020.  Papers in relation to this late application were due to be closed on the 1st of May 2020.

Marianne Mackay then asked the High Court for three extensions of time to file her reply, with the latest extension date for filing being the 26th of June 2020.  Marianne Mackay filed her reply by the 26th of June 2020, but it was rejected by the Registrar.  The papers for that application were then resubmitted on the 2nd of July 2020, at which point the papers for Marianne Mackay’s late application were also closed.

Now that the High Court has received all of the papers for the special leave applications, the Court is in the process of assessing the written submissions and deciding whether or not it will accept the special leave applications and agree to hear the appeals.

At the time of writing this legal update, SWALSC has not been advised when the High Court will make its decision on the special leave applications.  Parties to special leave applications only get short notice about when the High Court will decide special leave applications.  It is SWALSC’s best guess that the judges’ decision will not be made until September 2020 at the earliest.

Where to from here?

If the High Court decides to accept one or more of the Applications for special leave, then the High Court will hear the appeal at a future date.  This decision will result in further delays as we will have wait for the High Court to hear the case, and then wait for the judges to hand down their written decision.

However, if the High Court decides instead to reject the applications for special leave, then that will be the end of the legal process and we will move towards implementing the decision made by the Noongar people in 2015 to accept the South West Native Title Settlement that was negotiated between the State of Western Australia and the Noongar People.

SWALSC will advise members which of these two paths we are going down once the High Court has made its decision about the applications for special leave.  SWALSC will continue to act on the instructions of the Noongar people and take all necessary steps to implement the South West Native Title Settlement for the benefit of all Noongar people.

Naomi Smith compensation claim 

SWALSC is aware that on the 22nd of November 2019, Naomi Smith lodged an application for compensation against the State of Western Australia in the Federal Court.

SWALSC is also aware that on the 20th of January 2020, the State of Western Australia filed an application for Summary Dismissal, and the matter is now with Federal Court.

SWALSC is NOT a party to these proceedings, therefore it is not appropriate for SWALSC to comment about that case.

Director Election Notice 2020

THE THREE-YEAR TERM FOR THE SIX MEMBER-ELECTED DIRECTORS WILL EXPIRE AT THE SWALSC AGM ON MONDAY 16 NOVEMBER 2020.

Nominations for Directors are now open for eligible candidates in all six Wards of the Council. This election notice and the enclosed nomination form have been posted to all members of SWALSC.

If you have not received your election notice and nomination form, it is possible that you have moved address and not told SWALSC where you live. If so, please contact SWALSC to update your contact details.

Transformative housing solution to empower South West Noongar people

MEDIA RELEASE

Transformative housing solution to empower South West Noongar people 

A progressive new venture to address homelessness among South West Noongar people promises an innovative solution that will deliver much more than housing.

Developed by the South West Aboriginal Land and Sea Council (SWALSC), it involves purchasing strategically located properties and developing them into integrated hubs offering accommodation options as well as care and support services and training to empower Aboriginal people to transform their lives.

The focus is on tackling issues such as unemployment, family violence, a lack of childcare and alcohol and drug use which can not only lead to homelessness but are in turn exacerbated by a lack of permanent accommodation.

The game-changing approach will be delivered by the newly established Aboriginal Housing Foundation (AHF) – a special purpose Charitable Trust overseen by joint trustees, the Noongar not-for-profit Aboriginal Housing Recovery Centre Limited (AHRCL) and Equity Trustees.

SWALSC Chief Executive Officer, Wayne Nannup, said the AHF has hit the ground running with the acquisition of the El Caballo Lifestyle Village in the Wheatbelt town of Wundowie.

“It will ultimately be developed into a multi-purpose complex offering accommodation for up to 180 vulnerable Noongar people and will include specialist aged care facilities,” he said.

“A rehabilitation centre, domestic violence refuge and childcare centre for up to 50 Aboriginal children will add vital care and support services that are just as important as the bricks and mortar.”

Mr Nannup said the running of the multi-purpose site will create vocational training opportunities in horticulture, language, childcare and property management and a 

Trade Centre will be equipped to support hospitality and catering, as well and building and construction.

“Although purchasing a mature property like El Caballo means we will need to do some remedial work, it gives us a great location within a vibrant, well-established community and a variety of multi-use accommodation styles.

“The sub-division and aged care approvals already in place mean we can also commence the new construction we need to undertake immediately, significantly cutting development time,” he said.  

The Aboriginal Housing Foundation is a huge step forward in South West Noongar people taking control of their own future with long-term investment in programs that meet their specific needs. 

“We’re not sitting around waiting for other people to deliver on promises and create meaningful opportunities for our community,” said Mr Nannup.

“Noongar people have ownership of this initiative and are inspired to achieve results that will set the benchmark for the rest of Australia.”

Ends

·      The South West Aboriginal Land and Sea Council (SWALSC) are a native title service provider to the Noongar people, who are the traditional owners of the south west of Australia. 

·      SWALSC works with members to progress the resolution of Noongar native title claims, while also advancing and strengthening Noongar culture, language, heritage and society.

Contact: Carla Shearman @ The PR Collaborative on 0418 140 220.

WORKING PARTY MEETINGS SUSPENDED TO PROTECT ELDERS

The health and wellbeing of our Elders is SWALSC’s number one priority.We have been carefully monitoring the health advice coming from medical experts about the COVID-19 virus.

It has become clear to the Board and management at SWALSC that the expert advice requires that we take every possible step to protect our Elders from the risk of exposure to this new virus.

In order to reduce unnecessary travel and to reduce the amount of contact our Elders have with groups of people, SWALSC has decided today to immediately suspend all Working Party Meetings until further notice.

This decision will have an immediate impact on the Members of the Gnaala Karla Boodja (GKB) Working Party who are scheduled to meet at SWALSC’s Cannington Office Wednesday 18 March 2020.

SWALSC staff are currently phoning and emailing all GKB Working Party Members to advise them that the meeting will not be going ahead as planned.SWALSC apologises for any inconvenience caused to GKB Working Party Members who have already made travel plans, but we do not want to take any risks with the health and wellbeing of our Elders.

If you are a GKB Working Party Member and you have not received a phone call, we might not have your current contact details. Please phone the SWALSC office on (08) 9358 7400 so our staff can update you and answer your questions.

Letters will be sent out to all Working Party members in the coming week advising of the changes.

SWALSC WELCOMES FEDERAL COURT DECISION

The South West Aboriginal Land and Sea council (SWALSC) today welcomes the Full Federal Court’s decision to uphold the registration of all six Indigenous Land Use Agreements (ILUAs) that comprise the South West Native Title Settlement, bringing the negotiated Settlement one step closer to implementation.

The $1.3bn settlement, which covers 200,000 square kilometres in the south west of Western Australia and impacts an estimated 30,000 Noongar peoples, was authorised by the Noongar People at six Authorisation Meetings in 2015.

The settlement has been challenged at various stages of the legal process by a small group of Noongar People who are opposed to the decisions made by the majority of Noongar People at the six Authorisation Meetings.

In October 2018, the Registrar of the National Native Title Tribunal made the decision to register all six ILUAs. In December 2018, applications for judicial review of the Registrar’s decision were lodged in the Federal Court.

In May 2019, two days of hearings were held to hear oral submissions on the first four grounds of review. In November 2019, a third day of hearings was held to hear oral submissions on the fifth ground of review.

Today, 19 December 2019, the Full Bench of the Federal Court handed down its decision, rejecting the applications for judicial review and awarded costs against the Applicants.

Any parties wishing to appeal this decision are entitled to seek leave to appeal to the High Court, which can then decide whether or not to hear the case.

“I am excited that today we move one step closer to controlling our own destiny and being able to bring our community together in healing for the benefit of future generations of our Noongar People,” said Jeanice Krakouer, Chairperson, SWALSC.

“I’m pleased that today we have been able to honour and respect the wishes of our Elders who fought so long and hard for this negotiated settlement of our claims for native title. I look forward to working with all Noongar People to implement this Agreement,” said Wayne Nannup CEO, SWALSC.

SWALSC successful in funding application for second round of Aboriginal Ranger Program

SWALSC is delighted by today's announcement from WA Minister for the Environment, Stephen Dawson MLC, that SWALSC is one of the successful applicants for second round funding from the State's Aboriginal Ranger Program.

This funding will allow SWALSC to continue the paid training partnership with the Parks and Wildlife Service, Western Australia that has created 12 full-time paid traineeships for Noongar people delivered from six locations across Noongar Boodja for a further 16 months.

SWLASC will now enter into a funding agreement with the government and finalise details for the roll-out and employment opportunities for the second round of the program. 

The intention is to make an offer to those trainees who are currently employed in the program to continue their training up to Certificate IV level, and to backfill the vacancies created by trainees who have left the program to take on other work or pursue other interests.

As soon as these details are finalised, and the number and locations of the vacancies have been identified, we will advertise the employment opportunities and recruitment process on our Facebook page, here on our webpage, and also in a mail out to all SWALSC members.

Further information about the Aboriginal Ranger Program can be found here.

Second Round of Town Information Sessions

We have received feedback that some SWALSC members are finding it difficult to make it to the locations for the six Town Information Sessions that were announced 17 Jan 2019. We have taken this feedback onboard and have decided to run a second round of meetings in other locations across the South West to ensure that as many Noongar people as possible are able to attend. Below is the list of times, dates and locations for these eight additional Town Information Sessions.