ABORIGINAL CORPORATIONS
AND CHARITABLE TRUSTS — GOVERNANCE
792. Hon ROBIN SCOTT to the Leader of the House representing
the Attorney General:
I refer to recent calls from senior Indigenous figures for an
inquiry into the gross mismanagement of native title royalties within
Aboriginal corporations. It was reported in The Weekend West that
several Indigenous corporations and charitable trusts are under police
investigation or special administration, or are rebuilding after periods of
dysfunction.
Does the McGowan government support calls for an inquiry into
the governance of Aboriginal corporations and charitable trusts?
Hon SUE ELLERY replied:
I thank the honourable member for some notice of the
question. The following answer has been provided by the Attorney General.
The McGowan government remains committed to protecting
charitable trusts, Aboriginal or otherwise, in accordance with the Crown's
duty to do so. As I said in the foreword to the ''Report on Njamal
People's Trust'', which was tabled in Parliament in December
2018, although native title has brought many positives for Aboriginal people, I
am concerned that some of the communities that these charitable trusts were
designed to assist are still blighted by poverty and disadvantage. In respect
of any charitable trust, whether holding native title benefits or otherwise, as
Attorney General I can, and have, taken action in relation to specific
charitable trusts when information provided to me supports this. I refer all
complaints to the State Solicitor's Office to ensure that appropriate
action is taken. Each matter is considered on a case-by-case basis.
Under the Charitable Trusts Act 1962, I appointed Deputy
State Counsel for Western Australia, Mr Alan Sefton, to examine and inquire
into the Njamal People's Trust on my behalf. The inquiry undertook a
detailed analysis of that trust and produced a report that is a valuable
reference for the sector. That report was tabled in Parliament. The inquiry
made recommendations that the McGowan government is in the process of implementing.
I have become a party to Supreme Court proceedings considering charitable trust
matters in numerous actions, to assist the court and to ensure that charitable
trusts are enforced. I have also intervened to assist in resolving disputes
outside of court.
My jurisdiction as Attorney General relates to charitable
trusts, and matters involving Aboriginal corporations may not relate to any
charitable trust. Aboriginal corporations fall within the jurisdiction of the
Office of the Registrar of Indigenous Corporations, which supports and
regulates corporations under the commonwealth Corporations (Aboriginal and
Torres Strait Islander) Act 2006. It is apparent that ORIC has been exercising
its powers to ensure compliance with the law, including by appointing special
administrators when it considers it appropriate. The Australian Charities and
Not-for-profits Commission also regulates those Aboriginal corporations that
are registered charities. When matters do involve charitable trusts, I work in
cooperation with the Australian Securities and Investments Commission, ORIC,
ACNC and the Western Australia Police Force. It would be unfortunate for large
sums to be spent unnecessarily, dealing with the same inquiries by different
regulators. The costs and time involved in such matters can be a significant
burden on the trust funds. I therefore work with other regulators to respond to
concerns raised.