❓ A WA parliamentary question regarding governance and corruption within Aboriginal corporations, specifically referencing Marra Worra Worra and the Kimberley Land Council. The Attorney General's limited role is clarified, pointing to federal oversight.
AnsweredQoN 123Legislative Council
Asked
13 May 2021
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
ABORIGINAL CORPORATIONS — GOVERNANCE
123. Hon ROBIN SCOTT to the parliamentary secretary
representing the Attorney General:
I
refer to recent reports that Swinburne University of Technology in Melbourne
was paid almost $345 000 to provide governance
training to the Marra Worra Worra Aboriginal Corporation—the
corporation recently found to be without a valid board and unable to
account for more than $28 million in spending. This is on top of the
allegations of corruption in another Aboriginal group, the Kimberley Land
Council, which recently appointed a barrister to carry out an internal
investigation.
(1) Does the
Attorney General trust the internal investigation of the Kimberley Land Council
or does he intend to carry out an investigation of the Kimberley Land Council
himself?
(2) What is the McGowan government
doing to tackle corruption in Aboriginal corporations?
(3) What is the
government's response to allegations that its track record on tackling
corruption in Aboriginal corporations is pathetic?
The PRESIDENT : I am going to
give the call to the Parliamentary Secretary to the Attorney General, but I will
mention that I think the first part of question, or other parts of it, might
impinge on the standing orders in relation to seeking an opinion. Parliamentary
secretary, I am not sure what response you have.
123. Hon ROBIN SCOTT to the parliamentary secretary
representing the Attorney General:
I
refer to recent reports that Swinburne University of Technology in Melbourne
was paid almost $345 000 to provide governance
training to the Marra Worra Worra Aboriginal Corporation—the
corporation recently found to be without a valid board and unable to
account for more than $28 million in spending. This is on top of the
allegations of corruption in another Aboriginal group, the Kimberley Land
Council, which recently appointed a barrister to carry out an internal
investigation.
(1) Does the
Attorney General trust the internal investigation of the Kimberley Land Council
or does he intend to carry out an investigation of the Kimberley Land Council
himself?
(2) What is the McGowan government
doing to tackle corruption in Aboriginal corporations?
(3) What is the
government's response to allegations that its track record on tackling
corruption in Aboriginal corporations is pathetic?
The PRESIDENT : I am going to
give the call to the Parliamentary Secretary to the Attorney General, but I will
mention that I think the first part of question, or other parts of it, might
impinge on the standing orders in relation to seeking an opinion. Parliamentary
secretary, I am not sure what response you have.
AnswerView source ↗
I have a response here, Madam
President, so I shall give it to the member. I might point out that in his
question he spelt ''Swinburne'' incorrectly to begin with. That
is okay; it is a personal thing for me about how ''Swinbourn'' is
spelt, so I encourage people to get it correct!
I
thank the member for some notice of the question and I provide the following
answer on behalf of the Attorney General.
(1)–(3) The
Attorney General's role in relation to Aboriginal corporations extends
only to charitable trusts. The Attorney General is the guardian of the public
interest in the enforcement of charities. The role includes a duty to protect
property the subject of a charitable trust, or property held for charitable
purposes, and to ensure that the trust or charitable purpose is enforced.
The role does not extend to the
regulation of corporations formed under the commonwealth Corporations (Aboriginal and Torres Strait Islander) Act 2006.
CATSI act corporations, including the Marra Worra Worra Aboriginal
Corporation, are regulated by the Office of the Registrar of Indigenous
Corporations, a federal body. Charitable trusts are not corporations, and not
all Aboriginal corporations have charitable trusts. The Attorney General
remains committed to reforming the Charitable Trusts Act 1962, and work is
being progressed to achieve that end.
President, so I shall give it to the member. I might point out that in his
question he spelt ''Swinburne'' incorrectly to begin with. That
is okay; it is a personal thing for me about how ''Swinbourn'' is
spelt, so I encourage people to get it correct!
I
thank the member for some notice of the question and I provide the following
answer on behalf of the Attorney General.
(1)–(3) The
Attorney General's role in relation to Aboriginal corporations extends
only to charitable trusts. The Attorney General is the guardian of the public
interest in the enforcement of charities. The role includes a duty to protect
property the subject of a charitable trust, or property held for charitable
purposes, and to ensure that the trust or charitable purpose is enforced.
The role does not extend to the
regulation of corporations formed under the commonwealth Corporations (Aboriginal and Torres Strait Islander) Act 2006.
CATSI act corporations, including the Marra Worra Worra Aboriginal
Corporation, are regulated by the Office of the Registrar of Indigenous
Corporations, a federal body. Charitable trusts are not corporations, and not
all Aboriginal corporations have charitable trusts. The Attorney General
remains committed to reforming the Charitable Trusts Act 1962, and work is
being progressed to achieve that end.
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