Agenda of Aboriginal Advisory Committee

Aboriginal Advisory Committee

Meeting Date: Monday, 07 May, 2018

Location: Jervis Bay Rooms, City Administrative Centre, Bridge Road, Nowra

Time: 4.00pm

Please note: Council’s Code of Meeting Practice permits the electronic recording and broadcast of the proceedings of meetings of the Council which are open to the public. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Agenda

1. Apologies

2. A Minute Silence in Respect of Aboriginal Elders, Past and Present

3. Confirmation of Minutes

· Aboriginal Advisory Committee - 27 March 2018........................................................ 8

4. Declarations of Interest

5. Reports

AA18.7........ Election of Chairperson................................................................................ 10

AA18.8........ Aboriginal Advisory Committee Action Plan................................................. 11

AA18.14...... Review of Australian Aboriginal Flag Protocol............................................. 17

AA18.15...... Aboriginal Advisory Committee - Resignation - Leslie Halls....................... 20

AA18.16...... For Information - Uluru Statement from the Heart....................................... 21

AA18.17...... Update - Bulk South Coast Aboriginal Land Claim...................................... 23

6. General Business

Aboriginal Advisory Committee – Monday 07 May 2018

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Membership

Ms Sue-Anne Cutmore - Chairperson

Clr Cheyne

Clr Levett

Clr Kitchener

Clr Proudfoot

Mr Russ Pigg or nominee

Ms Janet Atkins

Ms Sylvia Timbery

Ms Patricia Lester

Mr Shane Brown

Ms Leonie Ebzery

Ms Valda Corrigan (NPWS)

Mr Noel Wellington

Mr Paul McLeod

Ms Janaya Hennessy

Ms Morgan Blakeney

Mr Charlie Ashby

Nowra LALC – Sharlene Cruickshank

Jerrinja LALC - Rebecca Woods

Ulladulla LALC

Quorum – Five (5)

Purpose

· To advise Shoalhaven City Council on necessary issues relating to Aboriginal communities in the LGA.

· Promote and increase knowledge & understanding of Aboriginal society, history & culture in the LGA.

· Facilitate access and accessibility to services and facilities for Aboriginal people.

· Advise on the development and implementation of the Shoalhaven City Council Community Strategic Plan.

· Develop strong collaborative partnerships between Aboriginal communities and Shoalhaven City Council.

· Maintain strong links between Council and Aboriginal communities throughout the Shoalhaven to accomplish the relationships and outcomes required for genuine reconciliation.

· Foster and safeguard a spirit of mutual trust and respect which allows the AAC and Shoalhaven City Council to work together in their commitment towards intelligent, well informed decision making processes that are sensitive to all Aboriginal issues.

· Recognise, support & uphold past and present local cultural heritage and its place in future Council directions.

· Remain a meaningful ‘place’ for the communication of messages and information from Aboriginal community voices that identify local needs for services, facilities and activities.

· Support and promote significant celebrations and events within the Shoalhaven Aboriginal and Torres Strait Islander community.

Minutes of the Aboriginal Advisory Committee

Meeting Date: Tuesday, 27 March 2018

Location: E-Meeting

The following members responded:

Clr Nina Cheyne

Clr John Levett

Clr Patricia White

Ms Janet Atkins

Ms Leonie Ebzery

Ms Leslie Halls

Ms Morgan Blakeney

Ms Sharlene Cruickshank (Nowra LALC)

Apologies / Leave of Absence

Nil

Confirmation of the Minutes

RESOLVED (By consent)

That the Minutes of the Aboriginal Advisory Committee held on Monday 12 February 2018 be confirmed.

CARRIED

Business arising from previous Minutes:

Note: Correct spelling of Cruickshank

Declarations of Interest

Nil

Reports

AA18.13 Local Government Regional NAIDOC Awards

HPERM Ref: D18/73939

Recommendation (Item to be determined under delegated authority)

That

The Aboriginal Advisory Committee financially contribute an additional $1,000 each year in addition to the budgeted contribution of $2000 to support the 2018 Local Government Regional NAIDOC Awards effective from Financial Year 2018/19 onwards.

RESOLVED (By consent)

That the Aboriginal Advisory Committee financially contribute an additional $1,000 of their budget each year in addition to the budgeted contribution of $2000 to support the 2018 Local Government Regional NAIDOC Awards effective from Financial Year 2018/19 onwards.

CARRIED

There being no further business, the meeting concluded.

Ms Sue-Anne Cutmore

CHAIRPERSON

Aboriginal Advisory Committee – Monday 07 May 2018

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AA18.7 Election of Chairperson

HPERM Ref: D18/3103

Group: Finance Corporate & Community Services Group

Section: Human Resources, Governance & Customer Service

Aboriginal Advisory Committee at its meeting on 12 February 2018 resolved that the matter be deferred to the meeting to be held on 07 May 2018.

Purpose / Summary

To advise the Committee and reaffirm the election of Chairperson from 2016 to 2020.

Recommendation (Item to be determined under delegated authority)

That the committee reaffirm the following as resolved at the Aboriginal Advisory Committee 24 November 2016 (tenure to conclude in November 2020):

1. Sue Cutmore be appointed as Chairperson of the Aboriginal Advisory Committee.

2. Clr Kitchener be appointed as Co-Chairperson of the Aboriginal Advisory Committee.

Options

1. As Recommended

Background

Following the Aboriginal Advisory Committee meeting held 12 February 2018 it was found that an administrative error had been made in submitting the Election of Chairperson report. The Terms of Reference state that the Chairperson be limited to a four year tenure. The previous election of the Chairperson was held on the 24 November 2016, therefore an election is not required prior to November 2020.

Aboriginal Advisory Committee – Monday 07 May 2018

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AA18.8 Aboriginal Advisory Committee Action Plan

HPERM Ref: D18/14307

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Progress Action Plan - Aboriginal Advisory Committee - 12/2/18 ⇩

Aboriginal Advisory Committee at its meeting on 12 February 2018 resolved that the matter be deferred to the meeting to be held on 07 May 2018.

Purpose / Summary

To report to the Aboriginal Advisory Committee on the progress and completion of actions from Aboriginal Advisory Committee meetings.

Recommendation (Item to be determined under delegated authority)

That

1. The Aboriginal Advisory Committee receives the Progress Action Plan report

2. The Aboriginal Advisory Committee discuss and consider any further actions from the Progress Action Plan report.

Options

1. Adopt the recommendations

Implications: This will allow the finalisation of actions in the plan.

2. Adopt the recommendations with amendment(s)

Implications: Advisory Committee may resolve to remove or add to the recommendations and this may require further considerations or actions.

Background

The Aboriginal Advisory Committee was established in 1997 to advise Council on the needs of Aboriginal people living in the Shoalhaven local government area. This Advisory Committee provides an opportunity for Council to develop both a structure for effective consultation and communication with Aboriginal communities.

The Aboriginal Advisory Committee continue to work towards building stronger collaborative partnerships between Council and Aboriginal communities and plays a vital role in promoting and increasing kowledge and understanding of Aboriginal people’s history, cultures and experiences to achieve positive outcomes.

The Advisory Committee identified key issues and actions to work towards achieving improved outcomes for Aboriginal communities of the Shoalhaven and the advancement of reconciliation. Attached is the Progress Action Plan report with the current status actions.

Community Engagement

Shoalhaven City Council values it’s culturally diverse communities and lifestyles and is deeply committed to building stronger collaborative working partnerships with local Aboriginal communities and to provide opportunities for genuine community engagement.

Aboriginal Advisory Committee – Monday 07 May 2018

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AA18.14 Review of Australian Aboriginal Flag Protocol

HPERM Ref: D18/88310

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Australian Aboriginal Flag Protocol ⇩

2. Part 2 - Protocols for the Appropriate Use & Flying of the Flag (under separate cover) ⇨

Purpose / Summary

Request that the Aboriginal Advisory Committee endorse the Australian Aboriginal Flag Protocol Policy and recommend to Council that the Policy be adopted without change.

Recommendation

That Council adopt the existing Australian Aboriginal Flag Protocol Policy POL16/145 (Attachment 1).

Options

1. That the Aboriginal Advisory Committee accept the existing Australian Aboriginal Flag Protocol Policy as recommended.

Implications:

Flying the Australian Aboriginal flag is a highly visible symbol of respect and can be used to promote a sense of community and create a culturally welcoming environment.

The Aboriginal flag demonstrates Australia’s recognition of Aborignal people as the first peoples of this nation, promoting a sense of community partnership and a commitment toward reconciliation.

2. That the Aboriginal Advisory Committee consider minor amendments to the existing Australian Aboriginal Flag Protocol Policy.

Implications:

The committee members are to be fully aware of Part 2 – Protocols for the Appropriate Use & Flying of the Flag (Attachment 2) before recommending suggested changes. The protocols for the Appropriate Use and Flying of the Flag is a Federal Government document and opportunities to change / amend the Council Policy are bound by the Federal document.

Background

The Australian Aboriginal Flag was designed by artist Harold Thomas and was first flown at Victoria Square Adelaide, South Australia, on National Aborigines Day July 1971. It became the official flag for the Aboriginal Tent Embassy in Canberra after it was first flown there in 1972. Since then, it has become a widely recognised symbol of the unity and identity of Aboriginal people.

In view of the flag’s wide acceptance and importance in Australian society, the Commonwealth took steps in 1994 to give the flag legal recognition. After a period of public consultation, in July 1995 the Aboriginal flag was proclaimed a ‘Flag of Australia’ under the Flags Act 1953.

In 1997 the Federal Court recognised Harold Thomas as the designer of the flag. (http://www.naidoc.org.au/indigenous-australian-flags).

In accordance to Shoalhaven City Council’s Australian Aboriginal Flag Protocol, the Aboriginal flag is flown on all days of the year.

Additionally, the Australian Aboriginal Flag will be flown at half-mast upon a death of a local Aboriginal Elder until the end of that working week.

Community Engagement

The purpose of the Aboriginal Advisory Committee is to provide appropriate and considered advice to Council on all relevant issues affecting Aboriginal people within the Shoalhaven local government area.

Policy Implications

This is a review of the existing Aboriginal Flag protocol POL16/145. The policy is to be reviewed within one year of the election of every new council.

Aboriginal Advisory Committee – Monday 07 May 2018

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AA18.15 Aboriginal Advisory Committee - Resignation - Leslie Halls

HPERM Ref: D18/104943

Group: Finance Corporate & Community Services Group

Section: Human Resources, Governance & Customer Service

Purpose / Summary

To advise of the resignation of Ms Leslie Halls from the Aboriginal Advisory Committee.

Recommendation (Item to be determined under delegated authority)

That:

1. The resignation of Ms Leslie Halls from the Aboriginal Advisory Committee be accepted.

2. Council write to Ms Leslie Halls to thank her for her contribution to the Committee

3. A member be sought to fill the vacancy created on the Committee by the resignation of Ms Halls.

Options

1. As recommended

Implications: The vacancy for a community representative will be filled by further report to the Committee

2. The Aboriginal Advisory Committee adopt an alternate recommendation.

Background

On Tuesday 27 March 2018, Council received Ms Leslie Halls’ resignation to the Aboriginal Advisory Committee. Ms Leslie Halls has been a community member of the Aboriginal Advisory Committee since August 2011.

In the resignation, Ms Leslie Halls thanked Margaret Simoes and the Committee for their years of service and wished them all the best for the future.

Aboriginal Advisory Committee – Monday 07 May 2018

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AA18.16 For Information - Uluru Statement from the Heart

HPERM Ref: D18/139519

Group: Finance Corporate & Community Services Group

Section: Human Resources, Governance & Customer Service

Attachments: 1. Uluru Statement from The Heart ⇩

Purpose / Summary

To provide the Uluru Statement from the Heart for Information.

Recommendation (Item to be determined under delegated authority)

That the Uluru Statement from the Heart be received for information.

Options

1. As recommended

2. The Aboriginal Advisory Committee adopt an alternate recommendation.

Background

Correspondance was received from The Chairperson - Clr Cheyne requesting that this document be placed on the agenda for information.

In May 2017, a constitutional convention bringing together over 250 Aboriginal and Torres Strait Islander leaders met at the foot of Uluru in Central Australia on the lands of the Aṉangu people.

The majority resolved, in the ‘Uluru Statement from the Heart’, to call for the establishment of a ‘First Nations Voice’ in the Australian Constitution and a ‘Makarrata Commission’ to supervise a process of ‘agreement-making’ and ‘truth-telling’ between governments and Aboriginal and Torres Strait Islander peoples.

Aboriginal Advisory Committee – Monday 07 May 2018

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AA18.17 Update - Bulk South Coast Aboriginal Land Claim

HPERM Ref: D18/138954

Group: Planning Environment & Development Group

Section: Development Services

Attachments: 1. Map of Bulk South Coast Aboriginal Land Claims ⇩

2. Advice to Local Government - Update on the Bulk South Coast Aboriginal Land Claims - ALC Investigation Unit ⇩

Purpose / Summary

Provide an update on the NSW Land and Environment Court decision regarding the bulk South Coast Aboriginal Land Claims (ALCs), which were lodged during December 2016.

Recommendation (Item to be determined under delegated authority)

Receive the report regarding the status of the bulk South Coast Aboriginal Land Claims for information.

Options

1. Receive this report for information.

Implications: Council is not required to do anything further at this stage. Advice will be provided to the NSW Crown Lands Aboriginal Land Claims Investigation Unit (ALCIU) regarding individual lots or properties as the claims are investigated in detail in the future.

Background

In January 2017, Council was advised of the lodgement of multiple ALCs over a large proportion of Crown Land within the Shoalhaven Local Government Area (LGA) and surrounding coastal Council areas. These claims were lodged in December 2016, and are often referred to as the ‘bulk’ or ‘blanket’ claims, which affect the following Crown Land:

· All land reserved for Future Public Requirements pursuant to Government Gazette No. 83 of 29 June 2007 (Folios 4182 – 4213 and Folio 4226);

· All Travelling Stock Reserves as defined by s61 of the Local Land Services Act 2013; and

· All Reserves within the meaning of s78 of the Crown Lands Act 1989.

Attachment 1 is a map of the areas potentially covered by these claims within the Shoalhaven LGA.

In April 2017, the NSW Minister for Lands commenced legal proceedings in the NSW Land and Environment Court (LEC), challenging the way the land was identified in these claims. As a result, investigation into the subject claims was placed on hold awaiting the outcome of these legal proceedings.

Council has received advice (see Attachment 2) that, on 8 March 2018, the LEC handed down its decision, finding that the land was adequately described for the claims to be registered and accepted as valid. There LEC decision can be viewed on the internet at the following link:

https://www.caselaw.nsw.gov.au/decision/5a9f75c6e4b087b8baa874b2

This decision has been accepted by the NSW Minister for Lands, and investigation of the bulk claims may now be conducted on a lot-by-lot basis as per standard ALC investigation processes and timeframes.

Council is not required to provide any additional information to the ALCIU at this stage. Advice will be provided upon request as each of the claims are investigated on a lot-by-lot basis at the relevant point in the future.

This report is provided to the Committee for their information.