Footnotes

Chapter 1 - Introduction

[1]        Journals of the Senate, No. 35—24 June 2014, p. 976.

[2]        Journals of the Senate, No. 37—26 June 2014, p. 1013.

[3]        Journals of the Senate, No. 45—17 July 2014, p. 1240.

[4]        Journals of the Senate, No. 59—2 October 2014, p. 1582.

[5]        Journals of the Senate, No. 70—27 November 2014, p. 1893.

[6]        Journals of the Senate, No. 79—2 March 2015, p. 2202.

[7]        Aboriginal and Torres Strait Islander Amendment (A Stronger Land Account) Bill 2014, Explanatory Memorandum, p. 3.

[8]        See: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs

[9]        Aboriginal and Torres Strait Islander Act 2005 (ATSI Act), s. 192X.

[10]      Central Land Council, Submission 10, p. 3.

[11]      ATSI Act, s. 192W. The ILC and Land Account were established under the Land Fund and Indigenous Land Corporation (ATSIC) Amendment Act 1995.

[12]      ATSI Act, s191B; Indigenous Land Corporation, Annual Report 2012–13, p. 21.

[13]      McGrath Nicol Corporate Advisory, Ayers Rock Resort Review—Final Report: Indigenous Land Corporation, December 2013, p. 5, http://www.ilc.gov.au/~/media/ILC/ILC%20Website/Content/About%20Us/Files/05%20Released%20Documents%20Part%204.ashx (accessed 23 July 2014).

[14]      See: The Hon. Jenny Macklin MP (Minister for Families, Housing, Community Services and Indigenous Affairs), letter to Ms Shirley McPherson (Chair ILC), dated 22 September 2010, pp 1–2, http://www.ilc.gov.au/~/media/ILC/ILC%20Website/Content/Media/Voyages/ILC%20correspondence%20with%20former%20Ministers%20Macklin%20and%20Wong%20-%20Ayers%20Rock%20Resor.ashx (accessed 24 July 2014). Ms Shirley McPherson (Chair, ILC), letter to the Hon Jenny Macklin MP (Minister for Families, Housing, Community Services and Indigenous Affairs), dated 23 September 2010, pp 1–9,  http://www.ilc.gov.au/~/media/ILC/ILC%20Website/Content/Media/Voyages/ILC%20correspondence%20with%20former%20Ministers%20Macklin%20and%20Wong%20-%20Ayers%20Rock%20Resor.ashx (accessed 24 July 2014). Ms Shirley McPherson (Chair, ILC), letter to the Hon Jenny Macklin MP (Minister for Families, Housing, Community Services and Indigenous Affairs), dated 23 September 2010, p. 2,  http://www.ilc.gov.au/~/media/ILC/ILC%20Website/Content/Media/Voyages/ILC%20correspondence%20with%20former%20Ministers%20Macklin%20and%20Wong%20-%20Ayers%20Rock%20Resor.ashx (accessed 24 July 2014). Senator the Hon. Penny Wong (Minister for Finance and Deregulation), letter to Ms Shirley McPherson (Chair, ILC), dated 29 September 2010, pp 1–2, http://www.ilc.gov.au/~/media/ILC/ILC%20Website/Content/Media/Voyages/ILC%20correspondence%20with%20former%20Ministers%20Macklin%20and%20Wong%20-%20Ayers%20Rock%20Resor.ashx (accessed 24 July 2014). Dr Dawn Casey (Chair, ILC), letter to the Hon Jenny Macklin MP (Minister for Families, Housing, Community Services and Indigenous Affairs), 14 May 2013, pp 1–3, http://www.ilc.gov.au/~/media/ILC/ILC%20Website/Content/Media/Voyages/ILC%20correspondence%20with%20former%20Ministers%20Macklin%20and%20Wong%20-%20Ayers%20Rock%20Resor.ashx (accessed 24 July 2014). 

[16]      Mr Mike Dillon, Proof Estimates Hansard, 22 November 2013, p. 39.

[17]      Media Release, Minister for Indigenous Affairs, Senator the Hon Nigel Scullion, 'Review into Indigenous Business Australia and the Indigenous Land Corporation', 2 December 2013, http://minister.indigenous.gov.au/sites/default/files/media/2013-12-02_ilc_iba_review.pdf (accessed 7 August 2014).

[18]      Ernst & Young, Review of the Indigenous Land Corporation and Indigenous Business Australia, 17 February 2014, http://www.dpmc.gov.au/publications/docs/EY_final_report_review_of_ILC_IBA.PDF (accessed 7 August 2014).

[19]      Ernst & Young, Review of the Indigenous Land Corporation and Indigenous Business Australia, 17 February 2014, pp 62–63, http://www.dpmc.gov.au/publications/docs/EY_final_report_review_of_ILC_IBA.PDF (accessed 7 August 2014).

[20]      Media Release, Minister for Indigenous Affairs, Senator the Hon Nigel Scullion, ' Ernst & Young review ILC/IBA', http://minister.indigenous.gov.au/media/2014-05-03/ernst-young-review-ilciba (accessed 7 August 2014).

[21]      National Commission of Audit, The Report of the National Commission of Audit—Phase 1, February 2014, p. 175, http://www.ncoa.gov.au/report/docs/phase_one_report.pdf (accessed 23 July 2014).

[22]      National Commission of Audit, The Report of the National Commission of Audit—Phase 1, February 2014, p. 216, http://www.ncoa.gov.au/report/docs/phase_one_report.pdf (accessed 23 July 2014).

[23]      Media Release, Minister for Indigenous Affairs, Senator the Hon Nigel Scullion, ' Ernst & Young review ILC/IBA', http://minister.indigenous.gov.au/media/2014-05-03/ernst-young-review-ilciba (accessed 7 August 2014).

[24]      See: Dr Dawn Casey, (Chair, ILC), letters to the Hon Tony Abbott (Prime Minister), 14 November 2013; Dr Dawn Casey, (Chair, ILC), letter to the Hon Tony Abbott (Prime Minister), 18 December 2013; Dr Dawn Casey, (Chair, ILC), letter to the Hon Tony Abbott (Prime Minister), 8 January 2014, http://www.ilc.gov.au/~/media/ILC/ILC%20Website/Content/About%20Us/Files/04%20Released%20Documents.ashx (accessed 7 August 2014).  

[25]      Indigenous Land Corporation, Submission 1, p. 3.

[26]      Second Reading Speech, Senate Hansard, 24 June 2014, p. 38.

[27]      Patricia Karvelas, 'Indigenous merger set aside', The Australian, 24 October 2014, p. 6. http://www.ilc.gov.au/IndigenousLandCorporation/media/Items/Content/Media/Media%20Coverage/Indigenous-merger-set-aside-The-Australian-24-Oct-2014-p6.pdf (accessed 24 March 2015).

[28]      Aboriginal and Torres Strait Islander Amendment (A Stronger Land Account) Bill 2014, Explanatory Memorandum, p. 3.

[29]      Parliamentary Joint Committee on Human Rights, Examination of legislation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, Bills introduced 23–26 June 2014, Legislative Instruments received 7–20 June 2014, p. 1.

[30]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2014, p. 1.

Chapter 2 - Key issues

[1]        See, for example: Indigenous Land Corporation, Submission 1; Northern Land Council, Submission 6; Wunan, Submission 2.

[2]        See, for example: Professor Mick Dodson and Dr Asmi Wood, Submission 3; Torres Strait Regional Authority, Submission 18; Cape York Land Council Aboriginal Corporation, Submission 11; North Queensland Land Council, Submission 12.

[3]        Department of the Prime Minister and Cabinet, Submission 14, pp 1–2.

[4]        Department of Finance, Submission 20, p. 1.

[5]        During the hearing, Mr Mike Dillon (ILC) alleged that a former director of ILC did not disclose a substantial conflict of interest during a major ILC asset acquisition. The committee notes that this Bill inquiry is not the proper forum to investigate these allegations. The committee encourages the ILC to pursue these allegations through an appropriate legal process if there is evidence to support these claims.

[6]        Mr Mike Dillon, Indigenous Land Corporation, Proof Committee Hansard, pp 1–2.

[7]        Additional Information, Letter from Mr David Baffsky, March 2015, p. 1.

[8]        Additional Information, Letter from Mr David Baffsky, March 2015, p. 2.

[9]        Mr Lembit Surr, Department of Finance, Proof Committee Hansard, p. 28. The DoF has responsibility for 'developing policy and providing whole-of-government advice on governance arrangements for the range of Commonwealth bodies' including the ILC. All Commonwealth agencies are governed by the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The PGPA Act 'establishes a coherent system of governance and accountability for public resources, with an emphasis on planning, performance and reporting. The Act applies to all Commonwealth entities and companies'.

[10]      Mr Lembit Suur, Department of Finance, Proof Committee Hansard, p. 26.

[11]      Mr Lembit Surr, Department of Finance, Proof Committee Hansard, p.26.  See also: Department of Finance, Submission 20.2, pp 2–5.

[12]      Mr Lembit Surr, Department of Finance, Proof Committee Hansard, p. 27.

[13]      Department of Finance, Submission 20.2, p. 5.

[14]      North Queensland Land Council, Submission 12, p. 5.

[15]      Professor Michael Dodson, National Centre for Indigenous Studies, Proof Committee Hansard, p. 23. Answer to Questions on Notice, Torres Strait Regional Authority, p. 1. Also see: Mr Mike Dillon, Indigenous Land Corporation, Proof Committee Hansard, p. 3. The Parliamentary Joint Committee on Human Rights considered that the Bill does not give rise to human rights concerns (see Chapter 1).

[16]      Department of the Prime Minister and Cabinet, Submission 14, pp 1–2.

[17]      See: Mr Lembit Surr, Department of Finance & Ms Nadine Williams, Department of the Prime Minister and Cabinet, Proof Committee Hansard, p. 28.

[18]      Department of the Prime Minister and Cabinet, Submission 14, p. 10. See also: Mr Lembit Suur, Department of Finance, Proof Committee Hansard, pp 25–26.

[19]      Department of the Prime Minister and Cabinet, Submission 14, p. 10.

[20]      Department of Finance, Submission 20, pp 5–8. In its supplementary submission (20.2), the DoF observed that item 7 of the Bill actually restricts the Audit and Risk Committee (ARC) to selecting members from the ILC Board. This is contrary to best practice in which there should be an option to appoint ARC members from outside the organisation and 'is seen as a valuable assurance process'.

[21]      Mr Mike Dillon, ILC, Proof Committee Hansard, p. 5.

[22]      Department of Finance, Submission 20.1, p. 2.

[23]      Department of Finance, Submission 20.2, p. 6.

[24]      Professor Michael Dodson, National Centre for Indigenous Studies, Proof Committee Hansard, p. 20. See also, section below on consultation.

[25]      Indigenous Land Corporation, Submission 1.1, p. 13.

[26]      Mr Mark Thomann, Department of Finance, Proof Committee Hansard, p. 34.

[27]      Mr Lembit Suur, Department of Finance, Proof Committee Hansard, p. 35.

[28]      Indigenous Land Corporation, Submission 20.1, p. 2.

[29]      Professor Dodson and Dr Asmi Wood, Submission 3, p. 1.

[30]      Professor Michael Dodson, National centre for Indigenous Studies, Proof Committee Hansard, p. 20

[31]      Cape York Land Council, Submission 11, pp 2–6. CYLC submits that ILC should provide vocational training to the entities that will manage the land in the future. This will improve local capacity to manage land and businesses more effectively when they are handed over to local ATSI groups. Further support from ILC such as in the preparation of business plans and guidance through development processes would ensure the success of these ventures once handed over. See also, Mr Joseph Morrison, Northern Land Council, Proof Committee Hansard, p. 12.

[32]      Torres Strait Regional Authority, Submission 18, p. 5. See also: Mr Mike Dillon, ILC, Proof Committee Hansard, p. 1; Mr Joseph Morrison, Northern Land Council, Proof Committee Hansard, p. 11.

[33]      Professor Michael Dodson, National Centre for Indigenous Studies, Proof Committee Hansard, p. 22.

[34]      Australian Law Reform Commission, Terms of reference: Review of the Native Title Act 1993, http://www.alrc.gov.au/inquiries/native-title-act-1993/terms-reference (accessed 23 February 2015).

[35]      Mr Dillon, ILC, Proof Committee Hansard, p. 5; and Mr John Daly, Northern Land Council, Proof Committee Hansard, pp 12–13.

[36]      Department of the Prime Minister and Cabinet, Submission 14, pp 1–2.

[37]      Mr Joseph Elu, Torres Strait Regional Authority, Proof Committee Hansard, p. 16.

[38]      Mr Joseph Elu, Torres Strait Regional Authority, Proof Committee Hansard, p. 18.

[39]      Professor Michael Dodson, National Centre for Indigenous Studies, Proof Committee Hansard, p. 23.

[40]      Answers to Questions on Notice, Indigenous Land Corporation, p. 6.

[41]      See: Mr Mike Dillon, ILC, Proof Committee Hansard, p. 9; Mr Joe Morrison, Northern Land Council, Proof Committee Hansard, p.15; Mr Joseph Elu, Torres Strait Regional Authority, Proof Committee Hansard, p. 18.

Australian Greens' Dissenting Report

[1] Mr Michael Dillon, Indigenous Land Council, Proof Committee Hansard, p. 1.  

[2] Mr Michael Dillon, Indigenous Land Council, Proof Committee Hansard, p. 1-2.  

[3] Mr Michael Dillon, Indigenous Land Council, Proof Committee Hansard, p. 6.  

[4] Mr Joe Morrison, Northern Land Council, Proof Committee Hansard, p. 11

[5] Reconciliation  Australia, Submission 16, p.1.

[6] Professor Mick Dodson and Dr Asmi Wood, Submission 3, p. 4.

[7] Mr Michael Dillon, Indigenous Land Council, Proof Committee Hansard, p. 5.

[8] Mr John Daly, Northern Land Council, Proof Committee Hansard, p. 12.

[9] Mr Michael Dillon, Indigenous Land Council, Proof Committee Hansard, p. 9.

[10] Mr Lembit Suur, Department of Finance, Proof Committee Hansard, p. 26.

[11] Mr Lembit Suur, Department of Finance, Proof Committee Hansard, p. 29.