Footnotes
Chapter 1 - The terms of the inquiry
[1]
Department of Finance and Deregulation, Office of Evaluation and Audit
(Indigenous Programs), Performance Audit of the Northern Territory Land
Councils, January 2008, pp 8 and 37; and Department of Finance
and Deregulation Office of Evaluation and Audit (Indigenous Programs), Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd, November
2008, pp 11, 42–44.
Chapter 2 - The Central Land Council and Centrecorp: background to the inquiry
[1] CLC, Annual
Report 2007–08, p. 5. The CLC is now one of four councils in the Northern
Territory, which also include: the Northern Land Council; the Tiwi Land
Council; and the Anindilyakwa Land Council.
[2]
CLC, Annual Report 2007–08, p. 13.
[3] CLC, Annual
Report 2007–08.
[4]
Paragraph 23(1)(ea) of the Aboriginal Land Rights (Northern
Territory) Act 1976, emphasis added.
[5] Department
of Families, Housing, Community Services and Indigenous Affairs, Submission
5, pp 1–2. The Northern Land Council's primary commercial entities are the
Aboriginal Investment Group and the Larrakia Development Corporation Pty Ltd.
The Anindilyakwa Land Council's primary commercial entity is Groote Eylandt and
Bickerton Island Enterprises Pty Ltd. The Tiwi Land Council's primary
commercial entity is Pirntubula Pty Ltd.
[6] CLC, Annual
Report 2007–08, p. 111.
[7] Australian
National Audit Office, Northern Territory Land Councils and the Aboriginals
Benefit Account, Audit Report No. 28, 2002–03, p. 11.
[8] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, p. 17.
[9] Department
of Families, Housing, Community Services and Indigenous Affairs website,
'Aboriginals Benefit Account (NT Only)', at www.fahcsia.gov.au/sa/indigenous/progserv/money/Pages/aboriginals_benefit_account.aspx
(accessed 28 August 2009).
[10] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, p. 17.
[11] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, p. 43.
[12] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, p. 43
[13]
OEA, Performance Audit of the Northern Territory Land Councils,
January 2008, Recommendation 12, p. 44.
[14] CLC, Annual
Report 2007–08, p. 111.
[15] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, Recommendation
12, p. 45.
[16] CLC, Annual
Report 2007–08, p. 111.
[17] CLC, Annual
Report 2007–08, pp 111 and 125.
[18] CLC, Annual
Report 2007–08, p. 101.
[19] CLC website,
www.clc.org.au/about_us/who_we_are%20.html
(accessed 31 August 2009).
[20] CLC,
additional information, 17 August 2009, p. 2 at www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional_info/index.htm
[21] www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional_info/index.htm
[22] CLC, Annual
Report 2007–08, pp 103–104.
[23] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, p. 8.
[24] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, p. 37.
[25] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, p. 37.
[26] OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd,
November 2008, p. 14.
[27] OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd,
November 2008, p. 14.
[28] Under the
Trust Deeds of the charitable trusts of which Centrecorp is a trustee.
Centrecorp, Submission 3, pp 1–2.
[29]
Tangentyere Council, About Tangentyere Council, www.tangentyere.org.au/about
(accessed 20 May 2009).
[30]
Central Australian Aboriginal Congress Inc, History of Congress, www.caac.org.au/history.html
(accessed 20 May 2009).
[31]
Centrecorp website, www.centrecorp.com.au/index-1.html
(accessed 19 August 2009).
[32]
OEA Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 7.
[33]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 14.
[34] Deed of
Settlement of Trust: Centrecorp Aboriginal Investment Corporation Pty Ltd,
Trustee of the Central Australian Aboriginal Charitable Trust, 6 March 1986,
[CLC, answers to question on notice No 121, Supplementary Budget Estimates,
24 October 2008, pp 58–102, www.aph.gov.au/Senate/committee/clac_ctte/estimates/bud_0809/vol6_fahcsia.pdf
(accessed 12 November 2009)].
[35]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 7.
[36] www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional
_info.htm
[37]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 15.
[38] OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd,
November 2008, p. 14.
[39] OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd, November 2008,
p. 14.
[40]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 17.
[41] Deed of
Settlement of Trust: Centrecorp Aboriginal Investment Corporation Pty Ltd,
Trustee of the Central Australian Aboriginal Charitable Trust, 6 March 1986,
[CLC, answers to question on notice No 121, Supplementary Budget Estimates,
24 October 2008, p. 83, www.aph.gov.au/Senate/committee/clac_ctte/estimates/bud_0809/vol6_fahcsia.pdf
(accessed 12 November 2009)].
[42]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 17.
[43] CLC, answers
to question on notice, Supplementary Estimates, 24 October 2008,
pp 60–102, www.aph.gov.au/Senate/committee/clac_ctte/estimates/bud_0809/vol6_fahcsia.pdf
(accessed 12 November 2009).
[44] OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd,
November 2008, p. 25.
[45] www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional_info/index.htm
[46] OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd, November
2008, p. 18.
[47]
OEA Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 36.
[48] Centrecorp
website, www.centrecorp.com.au/index-2.html
(accessed 12 November 2009).
[49] Centrecorp
website, www.centrecorp.com.au/index-2.html
(accessed 12 November 2009).
[50] OEA Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd,
November 2008, p. 52.
[51] See for
example Russel Skelton and Ben Schneiders, 'Charity Comes Under Scrutiny', The
Age, 20 August 2007.
[52] Russel
Skelton, 'The Double Standard of Centrecorp', The Brisbane Times, 29
March 2009; Erwin Chlanda, 'Centrecorp: Elders Fume', Alice Springs News,
4 May 2006.
[53] Russel Skelton
and Ben Schneiders, 'Overhaul Ordered for Centrecorp', The Age,
13 March 2009.
[54] Ben
Schneiders and Russel Skelton, 'Double Role for Aboriginal Company's Key
Figure', The Age, 21 August 2007; Kieran Finane and Erwin Chlanda,
'Charitable Institution Centrecorp Tax Exempt?', Alice Springs News, 23
March 2006.
[55] Russel
Skelton and Ben Schneiders, 'Charity Comes Under Scrutiny', The Age, 20
August 2007.
[56] Russel
Skelton and Ben Schneiders, 'Charity Comes Under Scrutiny', The Age, 20
August 2007.
[57] CLC, Submission
2, p. 2.
[58] OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd,
November 2008, p. 2.
Chapter 3 - Findings on Terms of Reference
[1]
www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional_info/index.htm
[2]
OEA, Performance Audit of Centrecorp Aboriginal Investment
Corporation Pty Ltd, November 2008, pp 11, 42–44; and OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, pp 8 and 37.
[3] This
section covers Terms of Reference (a) and (b)(i).
[4] Russel
Skelton, 'The Double Standard of Centrecorp', The Brisbane Times, 29
March 2009; Erwin Chlanda, 'Centrecorp: Elders Fume', Alice Springs News,
4 May 2006.
[5] ANAO, Submission
1, p. 3.
[6] ANAO, Submission
1, p. 3.
[7] Australian
Accounting Standards Board, Accounting Standard AASB 127, 'Consolidated
and Separate Financial Statements, July 2004, Submission 1, p. 3,
emphasis added by ANAO.
[8] Australian
Accounting Standards Board, Accounting Standard AASB 127, 'Consolidated
and Separate Financial Statements, July 2004. The committee notes that the AASB
127 has been amended since July 2004, but that the quoted portions have not
changed.
[9] ANAO, Submission
1, p. 3.
[10]
OEA, Performance Audit of the Northern Territory Land Councils,
January 2008, p. 37.
[11]
ANAO, Answer to question on notice, Additional Estimates, February 2009,
Question F57, www.aph.gov.au/Senate/committee/fapa_ctte/estimates/add_0809/finance/answers/F57-ANAO.pdf.
[12]
OEA, Performance Audit of the Northern Territory Land Councils,
January 2008, p. 4.
[13] CLC, Submission
2, p. 5; Centrecorp, Submission 3, p. 2; Mr Roche, Branch Manager, Portfolio Governance, Department of
Families, Housing, Community Services and Indigenous Affairs, Estimates
Hansard, Senate Community Affairs Committee, 24 October 2008, pp 29–30.
[14]
CLC, answer to question on notice, Supplementary Budget Estimates, 24 October
2008, Question 125.
[15] Centrecorp, Submission
3, p. 2.
[16] Centrecorp,
additional information, 24 August 2009, pp 3, 6 and 10, at www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional_info/index.htm
[17] CLC,
Submission 3, p. 4.
[18] www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional_info/index.htm
[19]
OEA, Performance Audit of the Northern Territory Land Councils,
January 2008, p. 36.
[20]
Mr David Ross, CLC, Estimates Hansard, Senate Standing Committee on
Community Affairs, 24 October 2008, p. 34.
[21] Centrecorp, Submission
3, p. 2.
[22] Centrecorp, Submission
3, p. 2.
[23]
Centrecorp, Submission 3, p. 1.
[24] CLC, answers
to questions on notice, Supplementary Budget Estimates, 24 October 2008, QON no
121, p. 59, www.aph.gov.au/Senate/committee/clac_ctte/estimates/bud_0809/vol6_fahcsia.pdf.
[25] Centrecorp, Submission
3, p. 2.
[26]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 39.
[27]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 39.
[28]
OEA, Performance Audit of the Northern Territory Land Councils,
January 2008, p. 8.
[29] This section
covers Term of Reference (b)(iii).
[30]
Centrecorp holds two shares or 66.7 per cent and Mr Bob Kennedy
(Centrecorp General Manager) holds one share (33.3 per cent) in Magnetic as
bare trustee for Centrecorp because two shareholders are required. According to
the OEA, Mr Kennedy does not receive any benefit from holding this share. OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd, November
2008, p. 17.
[31]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, pp 17–19.
[32] This section
covers Term of Reference (b)(iv).
[33]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 6.
[34] Erwin
Chlanda, 'Bush Tribes own Centrecorp Millions', Alice Springs News, 30
August 2007; Ben Schneiders and Russell Skelton, 'Centrecorp rethinks its
spending priorities', The Age, 25 August 2007.
[35] Centrecorp, additional information, 24 August 2009, p. 1. www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional_info/index.htm
[36] This section
covers Term of Reference (b)(ii).
[37]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 22.
[38]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 21.
[39]
Centrecorp, additional information, 24 August 2009, pp 1, 4 and 8. www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional_info/index.htm
[40] Centrecorp, Submission
3, p. 4.
[41]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 6.
[42] OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd,
November 2008, pp 23–28.
[43]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 6.
[44] This section
covers Terms of Reference (b)(v)(vi) and (viii).
[45]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 49.
[46]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 50.
[47]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 50.
[48] Centrecorp, Submission
3, p. 10.
[49] Centrecorp
website, www.centrecorp.com.au/index-3.html
(accessed 12 November 2009).
[50] Centrecorp
website, www.centrecorp.com.au/index-3.html
(accessed 12 November 2009).
[51] Centrecorp, Submission
3, p. 11.
[52]
Centrecorp, Submission 3, p. 8. Note that the order of the quotes
at notes 50 and 51 have been reversed from how they appeared in Centrecorp's
submission.
[53] www.aph.gov.au/Senate/committee/fapa_ctte/central_land_council/additional_info/index.htm
[54] Centrecorp, Submission
3, p. 9.
[55] Centrecorp, Submission
3, p. 11.
[56] CLC, Submission
2, p. 7.
[57] Russel
Skelton and Ben Schneiders, 'Charity Comes Under Scrutiny', The Age, 20
August 2007.
[58] Russel
Skelton and Ben Schneiders, 'Charity Comes Under Scrutiny', The Age, 20
August 2007.
[59] OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd,
November 2008, p. 47. The report states that the employment figures were
correct as at the date of filedwork (conducted between 26–28 September 2007 and
between 21–24 April 2008).
[60] This section
covers Term of Reference (b)(vii).
[61]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation Pty
Ltd, November 2008, p. 42.
[62]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 8.
[63]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 42.
[64]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, November 2008, p. 43.
[65] Russel
Skelton and Ben Schneiders, 'Charity Comes Under Scrutiny', The Age, 20
August 2007.
[66] Mr Erwin
Chlanda, Submission 6, p. 1.
[67] Centrecorp, Submission
3, p. 10.
[68] Centrecorp, Submission
3, p. 10.
[69] Centrecorp, Submission
3, p. 10.
Government and Australian Greens Senators' Dissenting Report
[1] Paragraph
2.54.
[2] Ben
Schneiders and Russel Skelton, Submission 4; Erwin Chlanda, Submission
6; see also attachments 2 and 3 to CLC, Submission 2, pp 10–29.
[3] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008; OEA, Performance
Audit of Centrecorp Aboriginal Investment Corporation Pty Ltd, November
2008; ANAO, Northern Territory Land Councils and the Aboriginals Benefit
Account, Audit Report No. 28, 2002–03.
[4] Paragraph
3.2.
[5] Paragraph
3.2.
[6] Paragraph
3.3.
[7] Paragraph
2.22.
[8] The
committee also requested documents from Yeperenye Pty Ltd, on 27 July 2009,
which provided the committee with 100 pages of documents on 16 October 2009,
however, the committee majority does not criticise Yeperenye, so no comments in
relation to Yeperenye are necessary here.
[9] CLC,
additional information, 17 August 2009, p. 2.
[10] CLC,
additional information, 17 August 2009, p. 2.
[11] Centrecorp,
additional information, 24 August 2009, pp 1–11.
[12]
Paragraph 3.2.
[13]
Paragraph 1.9.
[14]
Paragraph 3.77.
[15]
Paragraph 3.80.
[16]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, p. 8.
[17]
OEA, Performance Audit of Centrecorp Aboriginal Investment Corporation
Pty Ltd, p. 11, recommendation 7.
[18] www.centrecorp.com.au/index-2.html
Appendix 3 - Central Land Council—Organisational Structure
[1] Central
Land Council, Annual Report 2007–08, p. 101.
Appendix 4 - Centrecorp Aboriginal Investment Corporation Pty Ltd—Corporate Structure
[1]
Department of Finance and Deregulation
Office of Evaluation and Audit (Indigenous Programs), Performance Audit of
Centrecorp Aboriginal Investment Corporation Pty Ltd, November 2008, p. 16.Note:
The content of the above figure is identical to the version published in the
OEA report, but in a slightly different format. It was provided to the
committee by the OEA on 23 November 2009.
Appendix 5 - Central Land Council Governance Arrangements
[1] OEA, Performance
Audit of the Northern Territory Land Councils, January 2008, p. 71.