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Chapter 1 - Introduction
The Committee’s statutory duty
1.1
The Parliamentary Joint Committee on the National
Native Title Tribunal and the Aboriginal and Torres Strait Islander Land Fund
has a statutory duty to examine the annual reports of the National Native Title
Tribunal (NNTT) and the Indigenous Land Corporation (the ILC).
1.2
Under Section 206(c) of the Native Title Act 1993, ('the NT Act') the Committee is required to
examine each annual report that is prepared by the President of the NNTT or by
any person under Part 4A of the Aboriginal
and Torres Strait Islander Commission Act 1989 ('the ATSIC Act'). The
Committee, at its discretion, reports to Parliament on any matters to which
Parliament’s attention should be directed.
1.3
In the view of the Committee, the analysis of the
Annual Reports is an opportunity for agencies to receive constructive
assistance to improve performance and accountability.
Reports considered
1.4
Pursuant to these requirements, this report examines:
- the National Native Title Tribunal (NNTT) Annual
Report 2003-2004; and
- the Indigenous Land Corporation (ILC) Annual
Report 2003-2004.
National Native Title Tribunal
1.5
The NNTT is established under Part 6 of the NT Act. The
annual report of the NNTT was tabled in the Senate and in the House of Representatives
on 17 November 2004.
The Indigenous Land Corporation and the Land Fund
1.6
The ILC is a statutory authority established under
section 191A of the ATSIC Act. Section 191B of this Act states that the purpose
of the Corporation is to assist Indigenous people to acquire and manage land,
and requires the Corporation to support sustainability, as well as the social,
environmental and cultural benefits in the acquisition and use of the land.
1.7
During the reporting period, funding for the operations
of the ILC was provided from the Land Fund pursuant to Division 10 of Part 4A
of the ATSIC Act. ATSIC was responsible for reporting on the Land Fund under
section 193H of the ATSIC Act. ATSIC also had investment powers concerning the
Land Fund.
1.8
The Annual Report on the Aboriginal and Torres Strait
Islander Land Fund is usually provided as an annexure to the ILC Annual Report.
On this occasion, there was a delay in the auditing of the Fund, which resulted
in a qualified audit. The Audit was not available in time for the publication
of the ILC Annual Report.The practical consequences of the audit are discussed
in Chapter 3.
1.9
The ILC’s annual reports have been prepared in
accordance with section 9 of the Commonwealth
Authorities and Companies Act 1997 since
1998.
Public Hearings
1.10
In preparing this Report, the Committee conducted two
public hearings in Canberra on:
- Wednesday 9 March 2005; and
- Wednesday 16 March 2005.
1.11
The Committee acknowledges the time taken to provide
evidence to the Committee by both the National Native Title Tribunal and the
Indigenous Land Corporation.
Adoption of the Report
1.12
The Committee considered and adopted the report at a
private meeting on
11 May 2004
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