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Parliamentary Questions


Question Without Notice No. 792 asked in the Legislative Council on 7 September 2020 by Hon Robin Scott

Parliament: 40 Session: 1

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.