CHAPTER 2
National Native Title Tribunal
Annual Report 1996/97
The 1996-97 Report: Presentation and Style
Presentation
2.1 The NNTT report comprises: a preface including a letter of transmission,
a list of Tribunal members and a table of contents (pp.1-3); the President's
report (a discussion of native title issues and developments that arose
between July 1996 and June 1997, pp.5-8); the Tribunal's values, mission
and vision (p.9); the Tribunal Executive (pp.4,18); the Registrar's report
on the operations of the Tribunal for the year under review (corporate
overview, pp.10-17); six sections describing the Tribunal's performance
in detail (pp.19-58); regional overviews (pp.59-81); ten appendixes containing
information on the corporate directory, relevant legislation, publications
and papers, staffing, consultants, freedom of information, internal and
external scrutiny, audit report and financial statements, a glossary and
a compliance index (pp.82-123); and a general index (pp.124-126).
Style
2.2 The Committee has devoted some attention to the question of style
of the Tribunal's past reports. The Tribunal's 1995-96 annual report was
considerably shorter, better organised and more accessible than its predecessor.
The 1996-97 annual report is further testimony to the Tribunal's commitment
to improving the access to, and use of, its annual report.
Formal Requirements and Compliance
Requirements
2.3 While being a statutory authority, the Tribunal has chosen (as it
is entitled) to observe the annual reporting requirements for government
departments. Those requirements, updated in February 1996, can be itemised
as follows:
(i) Annual Report Requirements (compliance mandatory)
Letter of Transmission
Aids to Access
Portfolio and Corporate Overview
Program Performance Reporting
Staffing Overview
Financial Statements
(ii) Attachment 1: Information on Specific Statutory
Provisions Relating to Annual Reports
(compliance mandatory)
Industrial Democracy
Occupational Health and Safety
Freedom of Information
Advertising and Market Research
(iii) Attachment 2: Program Financial and Staffing
Resources Summary and Appropriations
to Programs Reconciliation - Proformas
(guidance document only)
(iv) Attachment 3: Information Available to Members
of Parliament and Senators on Request
(material to be available but inclusion in
annual report not mandatory)
Social Justice and Equity
Staffing Matters
Financial Matters
Internal and External Scrutiny
Privacy
Environmental Matters
Other Matters
Compliance
2.4 In its annual report for 1996-97 the Tribunal has fulfilled the reporting
requirements that are mandatory for government departments in the following
manner.
2.5 The President's letter to the Attorney-General was dated (Tuesday)
30 September 1997. The report was tabled in the House of Representatives
and in the Senate on 30 October 1997; this was within fifteen sitting
days of the day on which the Minister received it, and satisfies the requirement.
2.6 The NNTT report provides:
- Table of Contents (p.3);
- Introduction - President's Report (pp.5-8);
- Glossary (to Financial statements) (pp.119-122);
- Compliance Index (p.123);
- Index (p.124-126); and
- Contact Officer (pp.i, 82).
2.7 Accordingly, the Tribunal has adequately set out aids which allow
proper access to the document.
- Portfolio and Corporate Overview
2.8 A Portfolio Overview is not applicable.
2.9 The report's Table of Contents lists the items of the Corporate Overview.
The Registrar's corporate overview (pp.10-17) provides an account of the
following activities:
Community liaison (p.19); Education and participation (p.25); Practical
and innovative resolution of applications (p.30); Cultural concerns (p.44);
Corporate services (p.47); Future acts (p.53); Social justice and equity
(pp.23, 28, 46, 47, 49, 50, 89, 92, 93, 96); and Internal and external
scrutiny (pp.94, 95).
- Program Performance Reporting
2.10 In its annual report for 1995-96, the Tribunal indicated in the
Compliance Index (p.188) that the material comprising the Corporate Overview
chapters responded to the program performance reporting requirement. Such
a statement is not provided for the Compliance Index in the 1996-97 report.
2.11 The report sets out details of the Tribunal Members (p.2) and the
Tribunal Executive (pp.4,18). In pages 89 to 91 management of the Tribunal's
human resources is set out, including issues such as: the total number
of employees (p.89), performance pay (p.90), training (p.90) and consultants
(p.91). Regrettably, whereas the Tribunal provided an organisation chart
in its 1995-96 report (pp.151,152), a similar chart was not provided for
1996-97. A useful Members List is provided at p.83, but the Compliance
Index incorrectly advises that an organisation chart appears on p.18.
2.12 Appendix VIII provides the Financial Statements (pp.97-118); the
statements received an unqualified audit. Appendix IX provides the Glossary
(pp.119-122).
2.13 The Tribunal's report is inconsistent about the location of its
references to industrial democracy. The Compliance Index indicates that
industrial democracy is dealt with at p.50; the Index, by contrast, indicates
that it appears at p.49.
2.14 More significantly, and despite reference to the Tribunal's Joint
Staff and Management Consultative Committee, the discussion of industrial
democracy issues at pages 49 and 50 is not sufficiently informative of
the Tribunal's approach.
- Occupational Health and Safety
2.15 In similar fashion to the topic of industrial democracy, occupational
health and safety is referred to at pages 49 and 50 (as indicated by the
Index) although the Compliance Index lists only p.50.
2.16 This matter is mentioned at pages 92, 93 and 95 (as noted in the
Index) although the Compliance Index indicates only p.92.
- Advertising and Market Research
2.17 Advertising and market research is covered at pages 23, 47, 48 and
113. A useful pie-chart is provided at page 48. Again, there are significant
discrepancies between the Compliance Index and the Index concerning these
topics.
2.18 Media liaison is covered at page 20.
Summary
2.19 Together with the President's report (pp.5-8), the Tribunal has
covered the subjects required to be addressed by the compliance criteria.
The extent to which the report is satisfactory in addressing these matters
is assessed in the following section of this report.
The 1996-97 Report: Issues
2.20 There are two matters to which the Committee draws attention about
the Tribunal's 1996-97 annual report. They concern the way in which the
Tribunal responded to the Committee's ninth report and the Tribunal's
workload.
Response to the Committee's Ninth Report
2.21 This Committee's ninth report reviewed the Tribunal's annual report
for 1995-96. In addition to discussing some substantive issues concerning
the role of the Tribunal, the report made a number of suggestions as to
ways in which the Tribunal's subsequent annual reports could be improved.
These suggestions related to the internal and external scrutiny of the
Tribunal; the requirement to give details of the contact officer in the
Compliance Index; reference to the Committee's reports; and reference
to the Tribunal's conflict of interest policy in its next annual report.
2.22 The Committee is pleased to note that the Tribunal has responded
positively to the suggestions about its report for 1995-96.
- Reference to the contact officer for the annual report has been given.
Nevertheless, it would be desirable for the Tribunal to provide the
name of the relevant officer for this purpose. Further, the correct
page references would appear to be i and 82, not 92 as given in the
Compliance Index.
- The Tribunal has amended and recorded its conflict of interest policy
in the 1996-97 annual report (p.94). Furthermore, the role of the Committee,
both in terms of scrutiny and reporting, has been properly acknowledged
(pp.5, 13, 94). This fulfils an undertaking by Tribunal President Justice
Robert French.
2.23 The Committee's ninth report (concerning the NNTT annual report
for 1995-96) was tabled on 16 June 1997. Accordingly, reference to it
was required in the Tribunal's report for the period July 1996 to June
1997; tabling of the ninth report is noted at page 94. The Tribunal's
annual report for 1996-97 has responded to the Committee's suggestions;
the NNTT has produced its most accessible, accurate and professional report
to date and is to be commended.
- Impartiality and Neutrality
2.24 In the Tribunal's 1995-96 annual report the Registrar noted (p.3)
that:
The fact and perception of impartiality is an important element of the
Tribunal's operations.
The Registrar confirmed (NNTT annual report 1995-96, p.4) that the Tribunal
must be seen to be unbiased and that neutrality is emphasised to staff.
The Committee recommended that the Tribunal make its conflict of interest
policy consistent with its mission statement. This recommendation was
adopted and the amended conflict of interest policy was referred to in
the Tribunal's 1996-97 annual report (p.94).
2.25 The question of Tribunal impartiality remained current for the reporting
period 1996-97. Notably, a Member of the Tribunal, Mr Sean Flood, stood
down from the Tribunal in June 1997. Mr Flood had made remarks concerning
the Government's 10 Point Wik Plan during a speech at the University of
NSW. On 12 June 1997 the Tribunal President issued a media release advising
that Mr Flood had agreed to take leave for one week while he considered
his position. The President's press release is included as Appendix 1
to this report. The Committee notes that Mr Flood remains a Member of
the Tribunal and that this matter was not addressed in the Tribunal's
report for 1996-97.
2.26 The impartiality of the Tribunal has been a consistent concern of
the Committee. While the Committee has not held a public hearing at which
the incident concerning Mr Flood could be considered, the issue of Tribunal
impartiality will be addressed when the Committee completes its duties
pursuant to s.206(d) of the Native Title Act 1993. Those duties include
an inquiry into the effectiveness of the Tribunal.
Tribunal Workload
2.27 Significant mention of workload issues is made by both the President
and Registrar. The eight regional overviews of the Tribunal's 1996-97
annual report also refer to this matter (pp.61, 64, 67, 69, 72, 74, 78,
81).
2.28 The workload of the Tribunal and its Members is recognised as a
significant issue by the Committee and is one which it continues to monitor
closely. Justice French stated in his introduction to the 1996-97 annual
report (p.5), that:
The Tribunal's response to its growing workload is reflected in the strengthening
of its regional presence by the opening of a new office in Brisbane, the
upgrading of the Adelaide office and the Kalgoorlie office and the development
of substantial regional plans.
2.29 The Tribunal, as of 30 June 1997, had 552 claimant applications,
185 of which were received during the reporting period. The Registrar
notes (p.10), that:
Although this rate of lodgment is less than for the 1995/96 financial
year, the total number of claimant applications in the mediation phase
of the Tribunal processes increased significantly, and now represents
the major component of the Tribunal's workload.
2.30 The Tribunal has expanded its regional focus in response to the
number of claimant applications now in the mediation phase. In August
1996, a regional office was opened in Brisbane. The office commenced with
a staff of 10, but by June 1997, 23 staff positions had been established
and further office space was required. Furthermore, the Tribunal is considering
opening a regional office in Cairns to deal with the 65 Torres Strait
applications, and 35 other applications in mediation in North Queensland.
2.31 The Registrar further stated that as well as temporarily relocating
the Goldfields Regional Co-ordinator from Perth to Kalgoorlie, and upgrading
the Adelaide office to a full regional office, steps were also taken to
set up a regional office in Melbourne.
2.32 In its `future act' activities, the Tribunal has responded to an
increasingly large workload, particularly in Western Australia. Justice
French states (p.6) that:
There is a slowly increasing number of agreements emerging out of the
right to negotiate process. The major future act agreement in the reporting
period was that between Century Zinc Ltd and a number of claimants in
North Queensland.
Budget and Running Costs
2.33 The budget allocation to the Tribunal increased from $20,041,000
in 1995-96 to $23,900,000 in 1996-97 (p.17). The Tribunal's annual report
notes (pp.47,48) that the running costs budget of $17,841,000 was underspent
by $1,395,000. However, there are errors in this paragraph of the report.
Following the Committee's inquiry to the Tribunal concerning apparent
errors, the Tribunal has confirmed that:
. the figure of $1.395 million spent on property and operating expenses
(p.47) should read $1.393 million (although given as $1.392 million on
page 52); and
. the figure of $1.395 million underspent (p.48) should read $1.923 million,
with $1.784 million carried over into the 1997-98 financial year.
2.34 The Tribunal's letter concerning this matter is reproduced at Appendix
2 of this report.
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