Agenda of Aboriginal Advisory Committee

Aboriginal Advisory Committee

Meeting Date: Monday, 07 December, 2020

Location: Council Chambers, Nowra & Microsoft Teams

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 - 11 March 2020......... 1

4. Declarations of Interest

5. Presentations

AA20.16...... Presentation - Hospital Redevelopment

Representatives (Mohamed Nasr and Sharon Bloxsome) from the Shoalhaven District Memorial Hospital will make a presentation on Hospital Redevelopment.

AA20.17...... Invitation - Rose O'Sullivan (Heritage NSW - Department of Premier and Cabinet) - Cullunghutti

At the 7 March 2020 meeting, it was requested to invite Rose O’Sullivan – Archaeologist, Aboriginal Cultural Heritage Regulation – South, (Heritage NSW - Department of Premier and Cabinet) to respond to members concerns regarding whether NPWS takes into account intangible/spiritual effects of damage to Cullunghutti.

6. Reports

AA20.18...... Membership Appointment............................... 6

AA20.19...... Membership Resignation - Sue Cutmore / Election of Chairperson................................ 15

AA20.20...... Update - Big Foot Adventures - DA Compliance................................................... 19

AA20.21...... Aboriginal Advisory Committee Status Action Report........................................................... 22

7. General Business

Aboriginal Advisory Committee – Monday 07 December 2020

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Membership

Ms Sue-Anne Cutmore - Chairperson

All Councillors

Chief Executive Officer or nominee

Ms Janet Atkins

Ms Sylvia Timbery

Ms Patricia Lester

Mr Shane Brown

Ms Leonie Ebzery

Mr Paul McLeod

Mr Charlie Ashby

Mr Morgan Blakeney

Ms Nicole Moore

Ms Caryn Carpenter

Ms Valda Corrigan (NPWS)

Mr Jared Brown – Youth Representative

Ms Kalinda Wills – Youth Representative

Nowra LALC – Ms Nicole Moore

Jerrinja LALC – Alfred Wellington

Ulladulla LALC – Paul Keith

Quorum – Five (5) local Aboriginal community members

Purpose

To provide appropriate and considered advice to Council on all relevant issues affecting Aboriginal and Torres Strait Islander people within the Shoalhaven LGA, and to influence Council’s support & intent in achieving their objectives for the current Statement of Commitment 2010 (SoC) and the Shoalhaven City Council Community Strategic Plan 2023 (SCCSP).

Role of the Committee

· 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.

Ordinary Meeting 21 December 2009 – Item 43 – MIN19.1808

STATEMENT OF COMMITMENT

This Statement commits Shoalhaven City Council to continue building mutually respectful relationships with the Aboriginal Communities of the Shoalhaven.

Shoalhaven City Council values its culturally diverse communities and lifestyles and is deeply committed to working in partnership with Aboriginal people of the Shoalhaven. This Partnership will be based on mutual respect and equality to further employment, social, cultural and economic community development.

Shoalhaven City Council recognizes and acknowledges the history and treatment of Aboriginal people in Australia and supports the Council for Aboriginal Reconciliation’s vision and values.

Shoalhaven City Council recognises Aboriginal people’s valuable contribution made in strengthening and enriching our communities and the heritage of all Australians.

Shoalhaven City Council Acknowledges and Recognises:

· Aboriginal people as the first people of Australia

· Past practices and policies that impacted on Aboriginal people’s lives, cultures and society

· The customs and traditions of Aboriginal people and their spiritual relationship with the land

· The rights of Aboriginal people to live according to their own beliefs, values and customs, and

· The significant contribution made by Aboriginal people in the past, present and future.

Shoalhaven City Council commits itself to:

· Ensuring local Aboriginal involvement in events and celebrations of significance which respect the dignity and protocols of the local Aboriginal communities

· The ongoing development of strategies to improve and increase the level of participation of local Aboriginal people in the local Government decision making processes

· Undertake holistic community planning to address wellbeing, employment and social economic or cultural disadvantage experienced by local Aboriginal people in the Shoalhaven

· Ensuring all council staff and Councillors are exposed to ongoing education and cultural training and development programs to increase knowledge, understanding and appreciation of Aboriginal Cultural heritage and the needs of the Aboriginal communities

· Celebrate and support significant Aboriginal ceremonies and events, e.g. NAIDOC week, Sorry Day, Reconciliation Week and Survival Day

· To continue to fly the Aboriginal flag in places such as City Administrative Centre, Council Chambers, Reception room and in other prominent Council locations.

Minutes of the Aboriginal Advisory Committee

Meeting Date: Wednesday, 11 March 2020

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

Time: 4.00pm

The following members were present:

Ms Sue-Anne Cutmore - Chairperson

Clr John Levett

Mr Shane Brown

Ms Sylvia Timbery

Mr Charlie Ashby

Ms Nicole Moore

Jerrinja LALC – Mr Alfred Wellington

Ulladulla LALC - Paul Keith

Others present:

Coralie Bell – Acting Recreation Community and Culture Manager

Janaya Hennessy – Community Development Cadet - Aboriginal

Ryan Schulter – Acting Senior Community Development Officer

Diana Lord – Acting Governance Unit Manager

Apologies / Leave of Absence

Apologies were received from Clr Findley, Clr Digiglio, Clr Kitchener, Clr White, Paul McLeod, and Ms Caryn Carpenter.

A minute’s silence in Respect of Aboriginal Elders, Past and Present.

Confirmation of the Minutes

RESOLVED (Nicole Moore / Shane Brown)

That the Minutes of the Aboriginal Advisory Committee held on Monday 17 February 2020 be confirmed, with the amendment that Paul Keith had been an apology.

CARRIED

Declarations of Interest

Nicole Moore – AA20.10 Youth Membership Appointment – Significant non pecuniary interest declaration – She is related to one of the candidates – Will leave the room and will not take part in discussion or vote.

Note: Nicole Moore left the meeting at 4.05pm

Reports

AA20.10 Youth Membership Appointment

HPERM Ref: D20/58084

Nicole Moore – significant non pecuniary interest declaration – She is related to one of the candidates – Will leave the room and will not take part in discussion or vote.

The selection panel had comprised Sue-Anne Cutmore, Margaret Simoes, Janaya Hennessy, and Ryan Schulter. Three applications had been received. The panel recommended Jared Brown and Kalinda Wills as the two stand-out candidates. Janaya Hennessy explained that Kalinda Wills has strong cultural connections with the community, and is also completing University and working at Waminda. Jared Brown was found to be very passionate. He is not from the area but has good cultural knowledge and excellent rapport with young people.

Recommendation

That the Aboriginal Advisory Committee:

1. Endorse and accept the appointment of Jared Brown as a member of the Shoalhaven Aboriginal Advisory Committee.

2. Endorse and accept the appointment of Kalinda Wills as a member of the Shoalhaven Aboriginal Advisory Committee.

RECOMMENDATION (Ulladulla LALC - Paul Keith / Charlie Ashby)

That Council endorse and accept the appointment of Jared Brown and Kalinda Wills as Youth members of the Shoalhaven Aboriginal Advisory Committee.

CARRIED

Note: Nicole Moore returned to the meeting at 4:10pm

GENERAL BUSINESS

AA20.11 Additional Item - Cullunghutti Plan of Management

Rose O’Sullivan had been an apology at the last meeting and this meeting. It was proposed to liaise with her and schedule an Extra Ordinary meeting around her availability.

Clr Levett recommended asking Rose O’Sullivan whether NPWS takes into account intangible/spiritual effects of damage. Charlie Ashby agreed that even with photographic evidence of damage, he felt he has to justify his personal response. He was concerned the photographic evidence was being downplayed, and asks that the evidence be accepted for what it is.

Nicole Moore raised concerns that the boundaries of the properties are not clearly marked. It is not clear how Compliance can be confident there has been no encroachment occurring.

Coralie Bell – Acting Section Manager, Recreation Community and Culture advised that she would follow up and seek advice from Compliance, with a report to come back to the Committee.

REcommendation (By consent)

That:

1. Council staff invite Rose O’Sullivan – Archaeologist (DPIE) or Representative to provide available times for the Committee to secure an Extra Ordinary meeting with her in attendance.

2. A further update on compliance concerns raised by the Committee to be brought to the next meeting.

CARRIED

AA20.12 Additional Item - Huskisson Church Development

Nicole Moore tabled a set of recommendations on Huskisson Church Development, following on from the previous meeting. This item concerned a particular incident that had occurred at the recent protests over the removal of trees.

Charlie Ashby raised concerns regarding actions that took place during protests and the sensitivity to local Aboriginal culture and concerns.

The Committee held a discussion in relation to the Code of Conduct (POL18/24) and how it applied to external contractors.

The Committee held a discussion in relation to whether a formal complaint had been made directly with the contractor. Members present noted that they had not made a complaint.

RECOMMENDATION (Charlie Ashby / Ulladulla LALC - Paul Keith)

That the Aboriginal Advisory Committee:

1. Ask Council to note that the individual behaviour of staff employed by the tree services contractor onsite on the morning of 26 February 2020 was perceived by members of the community, who are also members of the AAC, as “racially vilifying, humiliating and goading”, and note the perception of trauma that was caused by this situation encountered by community members at the site.

2. Request that Council provide a report on whether the external actions of contractors are taken into account when awarding tenders and carrying out contracted work for Council, and on how cultural competence is considered as part of the tender process.

3. Request that Council commit to urgent consultation with the AAC, Jerrinja LALC, Ulladulla LALC, Nowra LALC, and Aboriginal community to better understand and ameliorate the Aboriginal cultural heritage impacts related to the Huskisson Church site.

CARRIED

AA20.13 Additional Item - Huskisson Church Development - Aboriginal Advisors

A video clip from WIN News was displayed on the screen, in which the Developer made statements about unspecified Indigenous advisors of Council approving the project which the Committee perceived was them.

Nicole Moore raised concerns regarding the potential misleading statements made about Council’s Aboriginal advisors.

Alfred Wellington clarified that Jerrinja land was a quarter of the block, and they had been given to understand at the time there were three graves on the site.

RECOMMENDATION (Nicole Moore / Sylvia Timbery)

That Council:

1. Acknowledges that statements made by the Developer on WIN News on 26 February 2020, regarding Aboriginal advisors on the Huskisson Church development, could be misleading and add to the distress already felt within the Aboriginal community regarding this development; and

2. Specifically affirms that:

a. The Due Diligence in relation to the cultural sensitivity of the development site report was not prepared by an Aboriginal person; and

b. The Aboriginal Advisory Committee is Council’s official advisory Committee on matters of Aboriginal cultural heritage, and it has made known its concerns regarding the heritage impacts of this development and the lack of consultation.

CARRIED

AA20.14 Additional Item - Huskisson Church Development - Decision Making

Nicole Moore referred to the resolution of the Ordinary meeting of 26 November 2019 and the subsequent resolution of the Development and Environment Committee of 20 January 2020 in relation the Huskisson Church site.

The Committee expressed the wish to affirm on the public record that the Aboriginal Advisory Committee did not endorse these decisions and felt that the development on the site will have a significant impact on Aboriginal communities and relationships in the future.

It was discussed that Council should seek independent legal advice on compliance with legislative requirements to protect itself as concerns were raised for Council’s liability.

RECOMMENDATION (Nicole Moore / Charlie Ashby)

That Council:

1. Understands it is the advice of the Aboriginal Advisory Committee that:

a. Resolution DE20.2 (MIN20.17), adopted at the Development & Environment Committee on 20 January 2020, is not in keeping with the spirit of resolution AA19.27 (MIN19.867) (Ordinary Meeting of 26 November 2019).

b. The consultation process in decision making regarding the development is considered contrary to both Council’s Statement of Commitment and Aboriginal Advisory Group Action Plan.

2. Seek urgent independent legal advice on whether there are any breaches of legislative requirements regarding Aboriginal cultural heritage (places, objects or sites) as per the NPW Act, Heritage Act, or ATSIHPA (Clth), and consider a stop work order on DA18/2102/4 pending the outcome.

CARRIED

AA20.15 Additional Item - Aboriginal Community Engagement - Nowra Bridge

Shane Brown addressed the meeting and provided information regarding Aboriginal Community Engagement for the Nowra Bridge.

There being no further business, the meeting concluded, the time being 5.51pm.

Ms Sue-Anne Cutmore

CHAIRPERSON

Aboriginal Advisory Committee – Monday 07 December 2020

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AA20.18 Membership Appointment

HPERM Ref: D20/519452

Section: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Aboriginal Advisory Committee - Terms of Reference ⇩

Reason for Report

Recommending approval to appoint the additional member to the Shoalhaven Aboriginal Advisory Committee.

Recommendation (Item to be determined under delegated authority)

1. That the Aboriginal Advisory Committee (AAC) recommend that Council appoints Sharlene Cruickshank as a community member on the Aboriginal Advisory Committee.

2. That the Aboriginal Advisory Committee consider Natalie Lloyd as an option for membership to the Committee when the next vacant position becomes available.

3. That the Aboriginal Advisory Committee review the AAC Terms of Reference in December 2020 and its membership on the Committee.

Options

1. The Aboriginal Advisory Committee endorse the recommended applicant for membership and recommend her appointment to Council as a member of the Committee.

Implications: This will ensure the vacant position is filled and recommendation is forwarded to Council for consideration.

2. The Aboriginal Advisory Committee do not accept the recommended applicant for membership on the Aboriginal Advisory Committee.

Implications: The Committee provide an alternate recommendation regarding the selection of a member to fill the existing vacancy on the Committee in accordance with the Shoalhaven Aboriginal Advisory Committee’s Terms of Reference.

3. The Aboriginal Advisory Committee consider Natalie Lloyd as an option for membership when the next vacant position becomes available.

Implications: This will ensure that the next vacant position is filled quickly and this recomedation will be forwarded to Council for consideration.

4. The Aboriginal Advisory Committee review the Committee’s Terms of Reference

Implications: To ensure the Terms of Reference is updated with any required or recommended changes.

Background

At the Aboriginal Advisory Committee (AAC) meeting held on Monday 17 February 2020 it was recommended that Council call for expressions of interest to fill the vacant position on the Committee. Advertisements calling for nominations were placed in South Coast Register and on Council’s website during August 2020. Council received five nominations by the closing date of the 3 September. A selection panel comprised of:

· Council’s Aboriginal Community Development Officer, Margaret Simoes,

· Senior Community Development Officer, Michael Paine,

· Chair of the Aboriginal Advisory Committee, Sue Cutmore,

· Shane Brown AAC member

· and Caryn Carpenter AAC member

assessed the applications against the criteria that is contained in the Committee’s Terms of Reference and on the Application for Membership form. These criteria are set out in section 4.2 of the Terms of Reference – the Role of the Advisory Committe.

The panel particularly considered the skills and experience that each nominee could bring to the Committee as outlined in their respective application forms.

The Assessment Panel discussed the five membership applications received in 2020:

1. Sharlene Cruickshank was an active former member of the AAC representing Nowra LALC. Sharlene has acted in the AAC Chairperson’s role and has proven to be a reliable member of the Committee. Professionally, she has a health background which includes mental health and Sharlene brings a holistic perspective to the committee. Sharlene addresses the criteria well within her application.

The Assessment Panel recommends that the Aboriginal Advisory Committee members endorse the appointment of Sharlene Cruickshank and recommends her membership to the committee to Council

2. Natalie Lloyd applied for membership as a community representative. Natalie has applied for membership on numerous occasions when there were no vacancies. In May this year Council received notice from Nowra Local Aboriginal Land Council (LALC) nominating Natalie Lloyd as its representative. As the AAC had not had any formal meetings, this nomination was not formally endorsed by the AAC and Council. Council was informed by the Nowra LALC CEO and with Natalie’s agreement, this representation would be withdrawn. Nowra LALC would consider nominating a representative in 2021. Natalie’s recent application would remain as a community representative.

The Assessment Panel recommends that the AAC Committee members consider Natalie Lloyd as an option for appointment to the Committee should a vacant position becomes available.

3. Three applications received all identified as representing Jerrinja Tribe / Tribal Group or derivatives of.

· Ron Carberry (Jerrinja Tribe)

· Adam Crossley (Jerrinja Tribe, traditional custodians of Shoalhaven NSW)

· and Priscilla Rowe (Jerringa Tribal Group & Roseby Park Peoples (Jerringa Tribe))

As the Jerrinja Tribe / Tribal Group is not currently listed as an identified organisation with representation on the committee, the assessment panel could not recommend the applicants to attend in this capacity.

As Community members, it was felt that neither Ron Carberry nor Adam Crossley addressed the necessary criteria in their applicatons.

Priscella Rowes application is the strongest application of the three and she addresses many of the criteria required for the appointment, however Priscellas was not the strongest application of the five received.

The Assessment Panel recommends that the Aboriginal Advisory Committee discuss the membership and representation of a community group such as the Jerrinja Tribal Group on the Committee.

The Assessment Panel recommends that the Committee consider membership positions on the Committee when the AAC Terms of Reference is reviewed in December 2020

Community Engagement

The Aboriginal Advisory Committee provides an opportunity for Council to develop both a structure for effective consultation and communication with Aboriginal communities and the opportunity for Aboriginal people to participate in Council’s decision-making process to achieve mutually co-operative responses for their cultural, environmental and economic wellbeing.

Aboriginal Advisory Committee – Monday 07 December 2020

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AA20.19 Membership Resignation - Sue Cutmore / Election of Chairperson

HPERM Ref: D20/521633

Section: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Letter of Resignation - Sue-anne Cutmore ⇩

Reason for Report

To advise Council of the resignation received from Sue-anne Cutmore, facilitate the election of Chairperson by the committee and recommend to Council to call for Expressions of Interest for vacant membership.

Recommendation

That the Aboriginal Advisory Committee:

1. Accept the resignation from Sue-anne Cutmore and thank her for her contribution and commitment to the Aboriginal Advisory Committee and the local Aboriginal Community.

2. Call for Expressions of Interest for the vacant community member position created by the resignation of Ms Cutmore.

3. Elect (insert name) as Chairperson for a 4-year period to December 2024.

Options

1. Adopt the Recommendation

Implications: Positions will be filled and AAC will continue business as usual.

2. Propose a different membership arrangement.

Implications: Should the Committee wish to propose a different membership arrangement, the Terms of Reference will need to be amended and this is required to go to Council for approval. It is noted that a separate report to this meeting recommends a review of the Terms of Reference in December 2020. The Committee may amend recommendation 2 to elect a temporary Chairperson until such time as the new Terms of Reference is adopted or at each meeting until that time.

Background

Each year in September Council reaffirms all its committees for the next 12 months. At that meeting Council has the option to: reaffirm its committees; make any change to membership, purpose, delegation, quorum, and the number of meetings required for those committees; or disband committees.

At the Ordinary meeting on 22 September 2020, Council resolved as follows:

Meetings per year – Four (4) & others as required

Commencement time – 4pm

Quorum – Five (5)

Terms of Reference: POL19/80

Amended: 26 November 2019

Purpose

Role of the Committee

All members are encouraged to become actively involved in the business of the AAC and to be an advocate between community and Council. The role of the Committee is:-