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ORGANISATIONAL PROSPECTUS YINDJIBARNDI ABORIGINAL CORPORATION JUNE 2014

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Page 1: YAC Prospectus

ORGANISATIONAL PROSPECTUS

YINDJIBARNDI ABORIGINAL CORPORATION

JUNE 2014

Page 2: YAC Prospectus

EXECUTIVE SUMMARY

SECTION 01

Wanthiwa Julu Yindjibarndi-ngarli.Hello to all Yindjibarndi

Yala nhantharri garbawa yurrawayi buya gangkala nhaa millimilli ganjagayi nhantharriyarndu wangka garbarngarli nyja buwarrila, guma yurrawayi nhaa wangka julu banthugayi Yindjibarndi-ngarli mirda wadirri barrharn garrima mirduwarra.Today with this document we stand with the raising of the Sun with our heads held high, for this document holds for all of us our words and our dreams. Together like the raising and setting of the Sun it is there to touch all Yindjibarndi to stand tall and successful and don’t become fearful of the light.

Mirda gundi jujuwathayarndu wanggangarli, mirda gundi nhantharriyandu ngurra, mirda gundi nharnha nhatharri. Yindjibarndi. Don’t forget the old people’s words of wisdom, don’t forget the country we come from and forget who we are. Yindjibarndi.

Yindjibarndi Aboriginal Corporation RNTBC (YAC) is the Registered Native Title Body Corporate of the Yindjibarndi People and the representative institution chosen by the Yindjibarndi People to be their Prescribed Body Corporate, under the Native Title Act 1993 (NTA). YAC is the legal owner of the native title rights and interests that were recognised in the 2005 Federal Court determination of native title (in Daniel v Western Australia [2005] FCA 536, as varied by the Full Court in Moses v State of Western Australia [2007] FCAFC 78), and YAC holds those rights and interests on trust for the Yindjibarndi

People. YAC is also the lawfully authorised agent of the Yindjibarndi People in respect of their common law native title rights in the area of land and waters covered by the Yindjibarndi #1 native title claim.

YAC is the first point of contact for anyone wishing to undertake any activities in Yindjibarndi Country that may affect the native title rights and interests of the Yindjibarndi People.

The purpose of this document is to communicate the strategic operating context of YAC and outline the governance model which is employed to ensure that the organisation operates effectively and responsibly both internally and in relation to its dealing with external parties.

The direction and actions of the YAC in delivering outcomes is led by the vision and priorities of the Yindjibarndi people which are encapsulated in the three community priorities below:

1. Preservation and celebration of Culture;2. Investment in and empowerment of Community3. Delivery of Commercial outcomes to benefit the

Yindjibarndi People

The image on the adjacent page articulates our organisation’s strategic framework and demonstrates how the principles above manifest themselves within our organisation.

COMMUNITYOF THE

YINDJIBARNDINATION

YINDJIBARNDICOMMUNITY &COMMERCIAL

PTY LTD

LAND ACCESSAGREEMENTS

COMMUNITY

COMMUNITY

COMMERCIAL

COMMERCIAL

CULTURE

MEMBER BENEFITS

NEGOTIATIONS

CULTURE

YAC

COMMUNITY DRIVERS

STRATEGICDRIVERS

culture community commercialFOCUSAREAS

• cultural practices• life skills• bush skills and

survival on country• using technology and

infrastructure to maintain knowledge and culture

• programs and events• cross generational leadership/

learning/ responsibility• living on country• land management• sharing culture

• governance and administration

• education• employment and careers• caring/nurturing community• housing• communication

• small business opportunities• mining and civil services• financial banking and

investment• primary production• YAC entertainment and

recreation• culture/art/craft• tourism02

Page 3: YAC Prospectus

EXECUTIVE SUMMARY

SECTION 01

Wanthiwa Julu Yindjibarndi-ngarli.Hello to all Yindjibarndi

Yala nhantharri garbawa yurrawayi buya gangkala nhaa millimilli ganjagayi nhantharriyarndu wangka garbarngarli nyja buwarrila, guma yurrawayi nhaa wangka julu banthugayi Yindjibarndi-ngarli mirda wadirri barrharn garrima mirduwarra.Today with this document we stand with the raising of the Sun with our heads held high, for this document holds for all of us our words and our dreams. Together like the raising and setting of the Sun it is there to touch all Yindjibarndi to stand tall and successful and don’t become fearful of the light.

Mirda gundi jujuwathayarndu wanggangarli, mirda gundi nhantharriyandu ngurra, mirda gundi nharnha nhatharri. Yindjibarndi. Don’t forget the old people’s words of wisdom, don’t forget the country we come from and forget who we are. Yindjibarndi.

Yindjibarndi Aboriginal Corporation RNTBC (YAC) is the Registered Native Title Body Corporate of the Yindjibarndi People and the representative institution chosen by the Yindjibarndi People to be their Prescribed Body Corporate, under the Native Title Act 1993 (NTA). YAC is the legal owner of the native title rights and interests that were recognised in the 2005 Federal Court determination of native title (in Daniel v Western Australia [2005] FCA 536, as varied by the Full Court in Moses v State of Western Australia [2007] FCAFC 78), and YAC holds those rights and interests on trust for the Yindjibarndi

People. YAC is also the lawfully authorised agent of the Yindjibarndi People in respect of their common law native title rights in the area of land and waters covered by the Yindjibarndi #1 native title claim.

YAC is the first point of contact for anyone wishing to undertake any activities in Yindjibarndi Country that may affect the native title rights and interests of the Yindjibarndi People.

The purpose of this document is to communicate the strategic operating context of YAC and outline the governance model which is employed to ensure that the organisation operates effectively and responsibly both internally and in relation to its dealing with external parties.

The direction and actions of the YAC in delivering outcomes is led by the vision and priorities of the Yindjibarndi people which are encapsulated in the three community priorities below:

1. Preservation and celebration of Culture;2. Investment in and empowerment of Community3. Delivery of Commercial outcomes to benefit the

Yindjibarndi People

The image on the adjacent page articulates our organisation’s strategic framework and demonstrates how the principles above manifest themselves within our organisation.

COMMUNITYOF THE

YINDJIBARNDINATION

YINDJIBARNDICOMMUNITY &COMMERCIAL

PTY LTD

LAND ACCESSAGREEMENTS

COMMUNITY

COMMUNITY

COMMERCIAL

COMMERCIAL

CULTURE

MEMBER BENEFITS

NEGOTIATIONS

CULTURE

YAC

COMMUNITY DRIVERS

STRATEGICDRIVERS

culture community commercialFOCUSAREAS

• cultural practices• life skills• bush skills and

survival on country• using technology and

infrastructure to maintain knowledge and culture

• programs and events• cross generational leadership/

learning/ responsibility• living on country• land management• sharing culture

• governance and administration

• education• employment and careers• caring/nurturing community• housing• communication

• small business opportunities• mining and civil services• financial banking and

investment• primary production• YAC entertainment and

recreation• culture/art/craft• tourism02

Page 4: YAC Prospectus

CONTENTS BOARD OFDIRECTORSEXECUTIVE SUMMARY // 2

CONTENTS // 4

YINDJIBARNDI NATION // 6

YINDJIBARNDI ABORIGINAL CORPORATION // 8

THE TRUSTS // 10

THE THREE C’S – STRATEGIC PILLARS // 12

COMMUNITY // 14

CULTURE // 16

COMMERCIAL // 17

YURRA // 18

SHOWN ABOVE (LEFT TO RIGHT)

STANLEY WARRIEPANSY SAMBOTOM JACOBSTOOTSIE DANIELSROSEMARY WOODLEYRUSSELL SANDYMICHAEL WOODLEYMIDDLETON CHEEDYJOYLENE WARRIEJEAN NORMAN GABRIELLE CHEEDYANGUS MACKCURTIS LOCKYER

SECTION 02

04

Page 5: YAC Prospectus

CONTENTS BOARD OFDIRECTORSEXECUTIVE SUMMARY // 2

CONTENTS // 4

YINDJIBARNDI NATION // 6

YINDJIBARNDI ABORIGINAL CORPORATION // 8

THE TRUSTS // 10

THE THREE C’S – STRATEGIC PILLARS // 12

COMMUNITY // 14

CULTURE // 16

COMMERCIAL // 17

YURRA // 18

SHOWN ABOVE (LEFT TO RIGHT)

STANLEY WARRIEPANSY SAMBOTOM JACOBSTOOTSIE DANIELSROSEMARY WOODLEYRUSSELL SANDYMICHAEL WOODLEYMIDDLETON CHEEDYJOYLENE WARRIEJEAN NORMAN GABRIELLE CHEEDYANGUS MACKCURTIS LOCKYER

SECTION 02

04

Page 6: YAC Prospectus

06

YAC ORGANISATIONAL PROSPECTUS

YINDJIBARNDI NATION

SECTION 03

The Yindjibarndi People have, since before the assertion of British sovereignty, maintained their connection to Yindjibarndi Country through the continuous acknowledgement and observance of the traditional laws and customs which connect their society to Yindjibarndi Country.

In accordance with our religious ‘Birdarra’ Law, Yindjibarndi people, Yindjibarndi language and Yindjibarndi country are not different things, but related parts of a unity called ‘Yindjibarndi’ which has existed since the Ngurra Nyjunggamu.

Yindjibarndi Elders speak of how and why the first Law was given to the Yindjibarndi. Long before the Ngaardangarli, the Marrga practiced their laws with tough traditional governance. However, two Marrga troublemakers intentionally broke the rules. The Marrga decided to punish them. They found the two trouble makers up the river in Yindjibarndi country, and initiated them at a place called Ganyiyanhna on the Fortescue River; this place became the first Law of Birdirra ceremony. The markings on the flat river rock at the BilinBilin, still exemplify this occurrence.

The Ngaardangarli’s connection to this land, its inherent elements and images, is demonstrated, reinforced and reproduced through the songs, stories, culture, traditions, language, actions and customs, taught by the Elders. Each religious element of flora, fauna, ceremony, song, kinship, respect, language, protocol and landscape is unified, encapsulated by the consequential philosophical structured continuum, which requires repeated ceremonial action based on knowledge of the Law,

and is the key to Ngaarda’s continued survival as a unified nation.

Every component of life and death is connected by Yindjibarndi’s Galharra; which is our law of social relationship, and Nyinyadt which literally means the rule of sharing (reciprocity). Galharra and Nyinyadt dictate how every living being and the country interact, respect each other and must behave in accordance with these strict rules .

The Yindjibarndi regard their country as a religious precinct with every part being a component of, and connected to, one living and interactive entity that is relationally and reciprocally responsive to the spiritual, linguistic and material actions, thoughts and deeds of the Yindjibarndi people. Therefore, as their culture demands, Yindjibarndi people take personal responsibility for the protection of their country; if they fail to care and reciprocate then not only will the country wither and die, they will also perish.

The Yindjibarndi believe that the country is inhabited by their direct familial ancestors who watch over and judge their every action. In short, the Yindjibarndi wish to take an active interest in all activities that occur within their spiritual and material realm, and ask that via consultation, communication and negotiation, their concerns and beliefs are respected by all who come into contact with them and their traditional country.

The Yindjibarndi publication, Know The Song, Know The Country, outlines what Ngurra Nyjunggamu is:

In our Law it is said that in the beginning the sky was very low. When the creation spirits got up from the ground, they lifted the sky and the world out of the sea. The creation spirits are called Marrga…If Marrga are not approached and spoken to in the proper way, they might hurt visitors or make them sick. It was the Marrga and Minkala/Mangunyba (Skygod) that named and shaped the country, then all the birds and animals, and finally the Ngaardangarli (Aboriginal people) came from the Marrga themselves. In other places they call this the ‘dreaming’, but here we call it Ngurra Nyjunggamu – ‘when the world was soft’ (2004: 2).

Page 7: YAC Prospectus

06

YAC ORGANISATIONAL PROSPECTUS

YINDJIBARNDI NATION

SECTION 03

The Yindjibarndi People have, since before the assertion of British sovereignty, maintained their connection to Yindjibarndi Country through the continuous acknowledgement and observance of the traditional laws and customs which connect their society to Yindjibarndi Country.

In accordance with our religious ‘Birdarra’ Law, Yindjibarndi people, Yindjibarndi language and Yindjibarndi country are not different things, but related parts of a unity called ‘Yindjibarndi’ which has existed since the Ngurra Nyjunggamu.

Yindjibarndi Elders speak of how and why the first Law was given to the Yindjibarndi. Long before the Ngaardangarli, the Marrga practiced their laws with tough traditional governance. However, two Marrga troublemakers intentionally broke the rules. The Marrga decided to punish them. They found the two trouble makers up the river in Yindjibarndi country, and initiated them at a place called Ganyiyanhna on the Fortescue River; this place became the first Law of Birdirra ceremony. The markings on the flat river rock at the BilinBilin, still exemplify this occurrence.

The Ngaardangarli’s connection to this land, its inherent elements and images, is demonstrated, reinforced and reproduced through the songs, stories, culture, traditions, language, actions and customs, taught by the Elders. Each religious element of flora, fauna, ceremony, song, kinship, respect, language, protocol and landscape is unified, encapsulated by the consequential philosophical structured continuum, which requires repeated ceremonial action based on knowledge of the Law,

and is the key to Ngaarda’s continued survival as a unified nation.

Every component of life and death is connected by Yindjibarndi’s Galharra; which is our law of social relationship, and Nyinyadt which literally means the rule of sharing (reciprocity). Galharra and Nyinyadt dictate how every living being and the country interact, respect each other and must behave in accordance with these strict rules .

The Yindjibarndi regard their country as a religious precinct with every part being a component of, and connected to, one living and interactive entity that is relationally and reciprocally responsive to the spiritual, linguistic and material actions, thoughts and deeds of the Yindjibarndi people. Therefore, as their culture demands, Yindjibarndi people take personal responsibility for the protection of their country; if they fail to care and reciprocate then not only will the country wither and die, they will also perish.

The Yindjibarndi believe that the country is inhabited by their direct familial ancestors who watch over and judge their every action. In short, the Yindjibarndi wish to take an active interest in all activities that occur within their spiritual and material realm, and ask that via consultation, communication and negotiation, their concerns and beliefs are respected by all who come into contact with them and their traditional country.

The Yindjibarndi publication, Know The Song, Know The Country, outlines what Ngurra Nyjunggamu is:

In our Law it is said that in the beginning the sky was very low. When the creation spirits got up from the ground, they lifted the sky and the world out of the sea. The creation spirits are called Marrga…If Marrga are not approached and spoken to in the proper way, they might hurt visitors or make them sick. It was the Marrga and Minkala/Mangunyba (Skygod) that named and shaped the country, then all the birds and animals, and finally the Ngaardangarli (Aboriginal people) came from the Marrga themselves. In other places they call this the ‘dreaming’, but here we call it Ngurra Nyjunggamu – ‘when the world was soft’ (2004: 2).

Page 8: YAC Prospectus

YINDJIBARNDI ABORIGINAL CORPORATION

SECTION 04

The Yindjibarndi Aboriginal Corporation (YAC) is the chosen representative body of approximately 1500 Yindjibarndi people, the majority of which reside in and around the township of Roebourne.

The YAC is a Prescribed Body Corporate, under the Native Title Act 1993; and, holds in trust for the Yindjibarndi People the native title rights and interests that were recognised in the Yindjibarndi Native Title Determination. YAC on behalf of the Yindjibarndi Native title holders and accordance with Yindjibarndi common law is delegated authority to negotiate agreements in relation to use of Yindjibarndi law.

The YAC heads an alliance between the five most significant and long-lived Yindjibarndi organisations: YAC, Juluwarlu Aboriginal Corporation, Cheeditha Community, Ngurrawaana Community and Ngaarda TV & Radio. This alliance has a strong history of cooperative achievement with a focus on sustainable community development.

The role of the Yindjibarndi Aboriginal Corporation includes but is not limited to:

1. Community consultation and the promotion of clear and productive communication;

2. Community empowerment; 3. Implementation of 3 C’s principles;4. To create opportunities for self-development;5. Policy development;6. Assessment of local content and context in

broader strategy development;7. Investment in community and people;

8. Growth of sustainable commercial opportunities for Yindjibarndi people in order to facilitate economic diversification;

YAC MANAGEMENT STRUCTURE

The management of YAC has a number of key inputs that have influenced development of the corporation’s structure.

The Yindjibarndi people through the articulation of community priorities have provided strategic direction to the YAC. The 3c’s principles of Culture, Community and Commercial development guide the day to day activities of the Corporation. A structural focus on the 3C principals has resulted in the establishment of three general manager positions within the organisation who are the custodians of each of the strategic pillars.

The focus areas for the management team under each strategic pillar are delivered through a range of initiatives including direct investment, partnerships, alliances and service agreements.

The YAC in delivering its responsibilities to the community ensures that all matters are delivered in a transparent and accountable manner. This is achieved through an organisational commitment to importance of best practice and auditable governance.

YINDJIBARNDI ABORIGINAL COMMUNITY

YINDJIBARNDI ABORIGINAL CORPORATION (YAC)

RNTBC

YAC BOARD OF DIRECTORS

CEOMICHAEL WOODLEY

GM - COMMUNITYRHYS GEORGE

CFOCHRIS HARRISON

PRINCIPAL LEGAL OFFICERGEORGE IRVING

SENIOR BOOKEEPER/ OFFICE MANAGER

GM - CULTUREPHILIP DAVIES

COMMERCIAL CONSULTANTMIKE HOLLETT

08

Page 9: YAC Prospectus

YINDJIBARNDI ABORIGINAL CORPORATION

SECTION 04

The Yindjibarndi Aboriginal Corporation (YAC) is the chosen representative body of approximately 1500 Yindjibarndi people, the majority of which reside in and around the township of Roebourne.

The YAC is a Prescribed Body Corporate, under the Native Title Act 1993; and, holds in trust for the Yindjibarndi People the native title rights and interests that were recognised in the Yindjibarndi Native Title Determination. YAC on behalf of the Yindjibarndi Native title holders and accordance with Yindjibarndi common law is delegated authority to negotiate agreements in relation to use of Yindjibarndi law.

The YAC heads an alliance between the five most significant and long-lived Yindjibarndi organisations: YAC, Juluwarlu Aboriginal Corporation, Cheeditha Community, Ngurrawaana Community and Ngaarda TV & Radio. This alliance has a strong history of cooperative achievement with a focus on sustainable community development.

The role of the Yindjibarndi Aboriginal Corporation includes but is not limited to:

1. Community consultation and the promotion of clear and productive communication;

2. Community empowerment; 3. Implementation of 3 C’s principles;4. To create opportunities for self-development;5. Policy development;6. Assessment of local content and context in

broader strategy development;7. Investment in community and people;

8. Growth of sustainable commercial opportunities for Yindjibarndi people in order to facilitate economic diversification;

YAC MANAGEMENT STRUCTURE

The management of YAC has a number of key inputs that have influenced development of the corporation’s structure.

The Yindjibarndi people through the articulation of community priorities have provided strategic direction to the YAC. The 3c’s principles of Culture, Community and Commercial development guide the day to day activities of the Corporation. A structural focus on the 3C principals has resulted in the establishment of three general manager positions within the organisation who are the custodians of each of the strategic pillars.

The focus areas for the management team under each strategic pillar are delivered through a range of initiatives including direct investment, partnerships, alliances and service agreements.

The YAC in delivering its responsibilities to the community ensures that all matters are delivered in a transparent and accountable manner. This is achieved through an organisational commitment to importance of best practice and auditable governance.

YINDJIBARNDI ABORIGINAL COMMUNITY

YINDJIBARNDI ABORIGINAL CORPORATION (YAC)

RNTBC

YAC BOARD OF DIRECTORS

CEOMICHAEL WOODLEY

GM - COMMUNITYRHYS GEORGE

CFOCHRIS HARRISON

PRINCIPAL LEGAL OFFICERGEORGE IRVING

SENIOR BOOKEEPER/ OFFICE MANAGER

GM - CULTUREPHILIP DAVIES

COMMERCIAL CONSULTANTMIKE HOLLETT

08

Page 10: YAC Prospectus

Revenues that are negotiated by YAC on behalf of the Yindjibarndi people are managed by a separate, independent organisation called the Yindjibarndi Community & Commercial Ltd.The Yindjibarndi Community & Commercial Pty Ltd is the trustee for (2) separate trusts being:

1. Yindjibarndi People Community Trust; and2. Yindjibarndi Commercial Trust (Capital and Wealth).

The nature of the trusts is that they are fully discretional. By this no person has a right to receive income or capital in the absence of a trustee decision to do so.

THETRUST

SECTION 05

REPRESENTATIVES

The Yindjibarndi Community & Commercial Pty Ltd board of directors is made up of trusted members of the community with assistance from experts in governance and financial management.

Community Members – Middleton Cheedy, Thomas Jacob, Tootsie Daniels & Pansy Sambo.

Tom Stephens - an active advocate for Aboriginal rights and justice in our region since the late 1970’s, was a member of the WA Parliament from 1982 until 2013; he brings a wealth of knowledge and experience to the board of the Yindjibarndi Community and Commercial Trust.

John Hender - National Manager for Native Title Trusts with Perpetual Ltd, brings 25 years of financial experience to the board of our trust; he specialises in wealth building and with his help Yindjibarndi Trust will grow to benefit current and future generations of Yindjibarndi people.

DUTIES

The duty of the trusts’ board is to make decisions on the most appropriate ways to distribute revenues in order to maximise outcomes for Yindjibarndi community and self-development. The core duties for the trust include but are not limited to:

Benefit Management

As the trusts are fully discretionary it is the role of the board to assess applications and the rights of those being considered for distribution of capital or income.

Policy

The trusts’ board through open communication with the YAC should establish a policy setting that encourages the most appropriate use of funds to benefit the Yindjibarndi community.

BENEFIT MANAGEMENTSTRUCTURE (BMS)

SUMMARY OVERVIEWAS AT 31 MAY 2014

YINDJIBARNDI ABORIGINALCORPORATION RNTBC 4370

(YAC)ABN:97 456 543 455MEMER OF YCCL

YINDJIBARNDI COMMUNITYAND COMMERCIAL LTD

(YCCL)ACN:164 648 145

YINDJIBARNDI PEOPLECOMMUNITY TRUST

(YPCT)ABN: 92 660 734 993

COMMUNITYOUTREACH AND

PROGRAMS

YINDJIBARNDICAPITAL PTY LTDACN: 164 283 872

LONGER TERMINVESTMENTS YAC

SHAREHOLDER

YINDJIBARNDICAPITAL TRUST

UNIT HOLDERSYCCL 79 UNITS

YAC UNITS

YINDJIBARNDIWEALTH PTY LTDACN: 160 283 881

BUSINESSOPERATIONS YACSHAREHOLDER

DIRECTORS

TOM STEPHENSPANSY SAMBO

GARRY SLEECHRIS HARRISON- CO.SECRETARY

YINDJIBARNDICOMMERCIAL TRUST

(YCT)ABN: 86 768 095 321

COMMERCIALINVESTMENTS &

OPERATIONS

FUTURE FUNDLONG TERM

BENEFIT FUND

AS TRUSTEE FOR

YINDJIBARNDI ABORIGINALCOMMUNITY

DIRECTORSTOM STEPHENS, PANSY SAMBO, MIDDLETON CHEEDY,THOMAS JACOB, TOOTSIE DANIELS, JOHN HENDER,

CHRIS HARRISON - CO.SECRETARY

10

Revenues that are negotiated by YAC on behalf of the Yindjibarndi people are managed by a separate, independent organisation called the Yindjibarndi Community & Commercial Ltd.The Yindjibarndi Community & Commercial Pty Ltd is the trustee for (2) separate trusts being:

1. Yindjibarndi People Community Trust; and2. Yindjibarndi Commercial Trust (Capital and Wealth).

The nature of the trusts is that they are fully discretional. By this no person has a right to receive income or capital in the absence of a trustee decision to do so.

THETRUST

SECTION 05

REPRESENTATIVES

The Yindjibarndi Community & Commercial Pty Ltd board of directors is made up of trusted members of the community with assistance from experts in governance and financial management.

Community Members – Middleton Cheedy, Thomas Jacob, Tootsie Daniels & Pansy Sambo.

Tom Stephens - an active advocate for Aboriginal rights and justice in our region since the late 1970’s, was a member of the WA Parliament from 1982 until 2013; he brings a wealth of knowledge and experience to the board of the Yindjibarndi Community and Commercial Trust.

John Hender - National Manager for Native Title Trusts with Perpetual Ltd, brings 25 years of financial experience to the board of our trust; he specialises in wealth building and with his help Yindjibarndi Trust will grow to benefit current and future generations of Yindjibarndi people.

DUTIES

The duty of the trusts’ board is to make decisions on the most appropriate ways to distribute revenues in order to maximise outcomes for Yindjibarndi community and self-development. The core duties for the trust include but are not limited to:

Benefit Management

As the trusts are fully discretionary it is the role of the board to assess applications and the rights of those being considered for distribution of capital or income.

Policy

The trusts’ board through open communication with the YAC should establish a policy setting that encourages the most appropriate use of funds to benefit the Yindjibarndi community.

BENEFIT MANAGEMENTSTRUCTURE (BMS)

SUMMARY OVERVIEWAS AT 31 MAY 2014

YINDJIBARNDI ABORIGINALCORPORATION RNTBC 4370

(YAC)ABN:97 456 543 455MEMER OF YCCL

YINDJIBARNDI COMMUNITYAND COMMERCIAL LTD

(YCCL)ACN:164 648 145

YINDJIBARNDI PEOPLECOMMUNITY TRUST

(YPCT)ABN: 92 660 734 993

COMMUNITYOUTREACH AND

PROGRAMS

YINDJIBARNDICAPITAL PTY LTDACN: 164 283 872

LONGER TERMINVESTMENTS YAC

SHAREHOLDER

YINDJIBARNDICAPITAL TRUST

UNIT HOLDERSYCCL 79 UNITS

YAC UNITS

YINDJIBARNDIWEALTH PTY LTDACN: 160 283 881

BUSINESSOPERATIONS YAC

SHAREHOLDER

DIRECTORS

TOM STEPHENSPANSY SAMBO

GARRY SLEECHRIS HARRISON- CO.SECRETARY

YINDJIBARNDICOMMERCIAL TRUST

(YCT)ABN: 86 768 095 321

COMMERCIALINVESTMENTS &

OPERATIONS

FUTURE FUNDLONG TERM

BENEFIT FUND

AS TRUSTEE FOR

YINDJIBARNDI ABORIGINALCOMMUNITY

DIRECTORSTOM STEPHENS, PANSY SAMBO, MIDDLETON CHEEDY,THOMAS JACOB, TOOTSIE DANIELS, JOHN HENDER,

CHRIS HARRISON - CO.SECRETARY

10

Page 11: YAC Prospectus

Revenues that are negotiated by YAC on behalf of the Yindjibarndi people are managed by a separate, independent organisation called the Yindjibarndi Community & Commercial Ltd.The Yindjibarndi Community & Commercial Pty Ltd is the trustee for (2) separate trusts being:

1. Yindjibarndi People Community Trust; and2. Yindjibarndi Commercial Trust (Capital and Wealth).

The nature of the trusts is that they are fully discretional. By this no person has a right to receive income or capital in the absence of a trustee decision to do so.

THETRUST

SECTION 05

REPRESENTATIVES

The Yindjibarndi Community & Commercial Pty Ltd board of directors is made up of trusted members of the community with assistance from experts in governance and financial management.

Community Members – Middleton Cheedy, Thomas Jacob, Tootsie Daniels & Pansy Sambo.

Tom Stephens - an active advocate for Aboriginal rights and justice in our region since the late 1970’s, was a member of the WA Parliament from 1982 until 2013; he brings a wealth of knowledge and experience to the board of the Yindjibarndi Community and Commercial Trust.

John Hender - National Manager for Native Title Trusts with Perpetual Ltd, brings 25 years of financial experience to the board of our trust; he specialises in wealth building and with his help Yindjibarndi Trust will grow to benefit current and future generations of Yindjibarndi people.

DUTIES

The duty of the trusts’ board is to make decisions on the most appropriate ways to distribute revenues in order to maximise outcomes for Yindjibarndi community and self-development. The core duties for the trust include but are not limited to:

Benefit Management

As the trusts are fully discretionary it is the role of the board to assess applications and the rights of those being considered for distribution of capital or income.

Policy

The trusts’ board through open communication with the YAC should establish a policy setting that encourages the most appropriate use of funds to benefit the Yindjibarndi community.

BENEFIT MANAGEMENT STRUCTURE (BMS)

SUMMARY OVERVIEWAS AT 31 MAY 2014

YINdJIbarNdI abOrIgINalCOrpOraTION rNTbC 4370

(YaC)abN:97 456 543 455mEmEr Of YCCl

YINdJIbarNdI COmmuNITY aNd COmmErCIal lTd

(YCCl)aCN:164 648 145

YINdJIbarNdI pEOplE COmmuNITY TruST

(YpCT)abN: 92 660 734 993

COmmuNITY OuTrEaCh aNd

prOgramS

YINdJIbarNdI CapITal pTY lTdaCN: 164 283 872

lONgEr TErm INvESTmENTS YaC

SharEhOldEr

YINdJIbarNdI CapITal TruST

uNIT hOldErSYCCl 79 uNITS

YaC uNITS

YINdJIbarNdI WEalTh pTY lTdaCN: 160 283 881

buSINESS OpEraTIONS YaCSharEhOldEr

DIRECTORS

TOm STEphENSpaNSY SambO

garrY SlEEChrIS harrISON - CO.SECrETarY

YINdJIbarNdI COmmErCIal TruST

(YCT)abN: 86 768 095 321

COmmErCIal INvESTmENTS &

OpEraTIONS

fuTurE fuNdlONg TErm

bENEfIT fuNd

AS TRUSTEE FOR

YINDJIBARNDI ABORIGINAL COMMUNITY

DIRECTORSTOm STEphENS, paNSY SambO, mIddlETON ChEEdY, ThOmaS JaCOb, TOOTSIE daNIElS, JOhN hENdEr,

ChrIS harrISON - CO.SECrETarY

10

Page 12: YAC Prospectus

On the 15th May 2011 an all day workshop was hosted by YAC for the Yindjibarndi people with no external consultants or other influences in order to foster and promote grass roots ideas and priorities by Yindjibarndi people regarding the vision for their community.

The ideas, projects and themes generated as part of this consultation result in (3) distinct focus areas for YAC being:

1. Community development;2. Culture, heritage and religion; and3. Commercial development.

YAC is determined to potentialise and incubate the wealth generated through land use and other development to stimulate Yindjibarndi self-development, advance Yindjibarndi independence and ultimately better Yindjibarndi life outcomes. To do this YAC is guided by the three C’s principles of Culture, Community and Commercial development to deliver a vision.

In the delivery of outcomes derived from each of the 3C drivers it is critical to the success of Yindjibarndi’s community development that each driver and the opportunities within it be considered holistically. The greater YAC can facilitate the delivery of that collaboration the greater the success of Yindjibarndi’s community development will be.

12

YAC ORGANISATIONAL PROSPECTUS

THE THREE C’S STRATEGIC PILLARS

SECTION 06

CU

LTU

RE

CO

MM

UN

I TY

CO

M

M E R C IAL

Stronger Yindjibarndi community built on self-determination.

Page 13: YAC Prospectus

On the 15th May 2011 an all day workshop was hosted by YAC for the Yindjibarndi people with no external consultants or other influences in order to foster and promote grass roots ideas and priorities by Yindjibarndi people regarding the vision for their community.

The ideas, projects and themes generated as part of this consultation result in (3) distinct focus areas for YAC being:

1. Community development;2. Culture, heritage and religion; and3. Commercial development.

YAC is determined to potentialise and incubate the wealth generated through land use and other development to stimulate Yindjibarndi self-development, advance Yindjibarndi independence and ultimately better Yindjibarndi life outcomes. To do this YAC is guided by the three C’s principles of Culture, Community and Commercial development to deliver a vision.

In the delivery of outcomes derived from each of the 3C drivers it is critical to the success of Yindjibarndi’s community development that each driver and the opportunities within it be considered holistically. The greater YAC can facilitate the delivery of that collaboration the greater the success of Yindjibarndi’s community development will be.

12

YAC ORGANISATIONAL PROSPECTUS

THE THREE C’S STRATEGIC PILLARS

SECTION 06

CU

LTU

RE

CO

MM

UN

I TY

CO

M

M E R C IAL

Stronger Yindjibarndi community built on self-determination.

Page 14: YAC Prospectus

The key focus areas for the Yindjibarndi “community” drivers include but are not limited to:

Governance and Administration

Developing a community structure that has processes in place to support communication, innovation and planning. YAC is focused on the ongoing development of the skills required to successfully administer the different facets of a regional community.

Education

Education is one of the most important investments that can be made on the journey to self-development. YAC will continue to develop ways to improve education outcomes by providing local context to Government regarding the specific requirements of the community and through seeking opportunities for training and skills development through all 3C drivers.

Employment and Careers

YAC Training and employment services are designed to develop career paths for Yindjibarndi people, match community with local employment opportunities and support the growth of new small business opportunities.

Caring / Nurturing Community

The health of the community is central to all. YAC will continue to develop ways in which to facilitate the improvement of all elements of community health. The core community requirements being:

1. Health and nutrition;2. Mental Health;3. Drug and Alcohol;4. Aged care;5. Child services; and6. Lifestyle development.

Communication

The promotion of communication is important not only through governance but through structured investment in communication infrastructure. YAC will continue to investigate and provide opportunities for new mediums of communication.

Housing

Housing solutions should seek to provide sustainable, affordable options that meet the varied requirements of the community, consider the local environment as well as culture in the design. YAC will remain focused on working with Cheeditha and Ngurrawaana communities and well as developing new accommodation solutions to meet future demands for all members of the community.

14

YAC ORGANISATIONAL PROSPECTUS

COMMUNITYSECTION 07

Page 15: YAC Prospectus

The key focus areas for the Yindjibarndi “community” drivers include but are not limited to:

Governance and Administration

Developing a community structure that has processes in place to support communication, innovation and planning. YAC is focused on the ongoing development of the skills required to successfully administer the different facets of a regional community.

Education

Education is one of the most important investments that can be made on the journey to self-development. YAC will continue to develop ways to improve education outcomes by providing local context to Government regarding the specific requirements of the community and through seeking opportunities for training and skills development through all 3C drivers.

Employment and Careers

YAC Training and employment services are designed to develop career paths for Yindjibarndi people, match community with local employment opportunities and support the growth of new small business opportunities.

Caring / Nurturing Community

The health of the community is central to all. YAC will continue to develop ways in which to facilitate the improvement of all elements of community health. The core community requirements being:

1. Health and nutrition;2. Mental Health;3. Drug and Alcohol;4. Aged care;5. Child services; and6. Lifestyle development.

Communication

The promotion of communication is important not only through governance but through structured investment in communication infrastructure. YAC will continue to investigate and provide opportunities for new mediums of communication.

Housing

Housing solutions should seek to provide sustainable, affordable options that meet the varied requirements of the community, consider the local environment as well as culture in the design. YAC will remain focused on working with Cheeditha and Ngurrawaana communities and well as developing new accommodation solutions to meet future demands for all members of the community.

14

YAC ORGANISATIONAL PROSPECTUS

COMMUNITYSECTION 07

Page 16: YAC Prospectus

The community has identified a number of key drivers that describe the cultural requirements for Yindjibarndi people which include but are not limited to:

Land AccessAs the Registered Native Title Body (RNTBC) for all Yindjibarndi country, all corporate, not-for-profit and government entities must engage with the YAC if their actions are going to affect the Yindjibarndi people’s native title rights and interests and/or Yindjibarndi cultural heritage. The YAC cultural and heritage department has created a team of local Yindjibarndi people and non-Indigenous professionals to oversee and protect the internationally significant religious and cultural heritage precinct which the Yindjibarndi people have occupied for up to 45,000 years. This structure includes the ‘future act’ and native title team who specifically deal with promoting and safeguarding the native title rights and interests of the Yindjibarndi people.

Ethnographic and Archaeological Heritage SurveysSince 2007 the YAC has been conducting ethnographic and archaeological heritage surveys for corporations who are intending to ‘disturb ground for the first time’ within the Yindjibarndi native title determination and claim areas. Prior to undertaking surveys the proponent must have met with the Yindjibarndi people in a community meeting/s, explained the extent and purpose of their proposed industrial footprint, and if all agree, sign a heritage agreement with the YAC that sanctions them to proceed with the works. It is YAC policy that all surveys, substantial meetings and discussions with proponents are filmed; there is zero tolerance for drugs and/or alcohol in all aspects of YAC activities; that only Yindjibarndi men who have been through the Birdirra Law can speak for country; and that in accordance with appropriate respect and practice all Yindjibarndi Law men are consulted in counsel regarding any actions that take place within Yindjibarndi country. These policies ensure that transparency, honesty and community values, are upheld and implemented when making decisions regarding the future of every Yindjibarndi person.

Flora and Fauna - EnvironmentIt is the aspiration of the Yindjibarndi people to manage and maintain the environmental diversity that exists within our traditional boundaries, as we have been doing effectively for 1500 generations. The YAC is developing its institutional capacity to research, implement and produce professional environmental reports that meet the legislative needs of corporations interacting with Yindjibarndi people and country. We believe that we can add value to these publications by incorporating Yindjibarndi’s traditional, cultural and religious knowledge that will augment the knowledge of the people who are working in Yindjibarndi country.

Ngurawaana RangersThe YAC supports a team of Rangers who live at the Ngurawaana community which is located near to the Millstream/Chichester National Park. These Rangers are employed by YAC and currently are involved in controlling and eradicating Date Palms and Parkinsonia which infest the Fortescue River, as well as working as a contract team for the National Park. Via this project, the Rangers are able to live on country at Ngurawaana as well as being able to put food on their table for their families.

Cultural Awareness Training (CAT)The Yindjibarndi carry a vast knowledge about their religion, heritage, environment and country. Via the YAC, companies whose employees need to know more about the Yindjibarndi society, priorities and activities, both past and present, can hire the Yindjibarndi people to conduct comprehensive Cultural Awareness Training (CAT) which will introduce them to an Yindjibarndi perspective on life; which can be a very positive, challenging and life-changing experience for CAT participants.

Cultural MappingUtilising Geographical Information system (GIS) software, photography, film and interviews with Yindjibarndi Elders, the YAC organises, runs and culturally maps Yindjibarndi country. All of this information is professionally archived by the YAC. The information is available for all Yindjibarndi people according to the appropriate cultural protocols.

COMMERCIALSECTION 09

The strategic commercial driver is tasked with building the financial wealth of the Yindjibarndi people through sound investments and the development of community owned property assets and businesses. The aim is to provide capital growth and wealth creation on one hand whilst delivering employment, training and career development opportunities for Yindjibarndi people for the immediate and longer term future. The focus areas outlined for the Yindjibarndi commercial drivers include but are not limited to:

Small Business Opportunities

YAC will provide assistance to the development of new as well as supporting growth of existing small businesses. YAC will also continue to invest in the training and development of Yindjibarndi people to ensure that opportunities exist within the community to be engaged through the development of new and existing businesses.

Mining and Resource Services

Promotion and facilitation of opportunities that exist in the mining and resources sector through relationships and negotiations on land use agreements.

Financial / Banking / Investment

Providing financial facilities for Yindjibarndi people locally whilst also exploring opportunities that will provide longer term benefit to the community.

Land Use

Numerous opportunities exist for the use of Yindjibarndi land to create opportunities that facilitate community development outcomes. These opportunities include but are not limited to:

1. Resources;2. Primary production;3. Land Management; and4. Tourism.

YAC Entertainment and Recreation

Through the utilization of existing programs and as the community develops there will be opportunities that YAC can assist with to create commercial opportunities that capture the needs of the community as well as visitors to the community.

Culture / Art / Craft

Through the continued development of strong cultural identity of Yindjibarndi people commercial opportunities will exist for cultural based enterprises. YAC like with any Yindjibarndi small business venture will assist through the provision of advice

CULTURESECTION 08

16

Page 17: YAC Prospectus

The community has identified a number of key drivers that describe the cultural requirements for Yindjibarndi people which include but are not limited to:

Land AccessAs the Registered Native Title Body (RNTBC) for all Yindjibarndi country, all corporate, not-for-profit and government entities must engage with the YAC if their actions are going to affect the Yindjibarndi people’s native title rights and interests and/or Yindjibarndi cultural heritage. The YAC cultural and heritage department has created a team of local Yindjibarndi people and non-Indigenous professionals to oversee and protect the internationally significant religious and cultural heritage precinct which the Yindjibarndi people have occupied for up to 45,000 years. This structure includes the ‘future act’ and native title team who specifically deal with promoting and safeguarding the native title rights and interests of the Yindjibarndi people.

Ethnographic and Archaeological Heritage SurveysSince 2007 the YAC has been conducting ethnographic and archaeological heritage surveys for corporations who are intending to ‘disturb ground for the first time’ within the Yindjibarndi native title determination and claim areas. Prior to undertaking surveys the proponent must have met with the Yindjibarndi people in a community meeting/s, explained the extent and purpose of their proposed industrial footprint, and if all agree, sign a heritage agreement with the YAC that sanctions them to proceed with the works. It is YAC policy that all surveys, substantial meetings and discussions with proponents are filmed; there is zero tolerance for drugs and/or alcohol in all aspects of YAC activities; that only Yindjibarndi men who have been through the Birdirra Law can speak for country; and that in accordance with appropriate respect and practice all Yindjibarndi Law men are consulted in counsel regarding any actions that take place within Yindjibarndi country. These policies ensure that transparency, honesty and community values, are upheld and implemented when making decisions regarding the future of every Yindjibarndi person.

Flora and Fauna - EnvironmentIt is the aspiration of the Yindjibarndi people to manage and maintain the environmental diversity that exists within our traditional boundaries, as we have been doing effectively for 1500 generations. The YAC is developing its institutional capacity to research, implement and produce professional environmental reports that meet the legislative needs of corporations interacting with Yindjibarndi people and country. We believe that we can add value to these publications by incorporating Yindjibarndi’s traditional, cultural and religious knowledge that will augment the knowledge of the people who are working in Yindjibarndi country.

Ngurawaana RangersThe YAC supports a team of Rangers who live at the Ngurawaana community which is located near to the Millstream/Chichester National Park. These Rangers are employed by YAC and currently are involved in controlling and eradicating Date Palms and Parkinsonia which infest the Fortescue River, as well as working as a contract team for the National Park. Via this project, the Rangers are able to live on country at Ngurawaana as well as being able to put food on their table for their families.

Cultural Awareness Training (CAT)The Yindjibarndi carry a vast knowledge about their religion, heritage, environment and country. Via the YAC, companies whose employees need to know more about the Yindjibarndi society, priorities and activities, both past and present, can hire the Yindjibarndi people to conduct comprehensive Cultural Awareness Training (CAT) which will introduce them to an Yindjibarndi perspective on life; which can be a very positive, challenging and life-changing experience for CAT participants.

Cultural MappingUtilising Geographical Information system (GIS) software, photography, film and interviews with Yindjibarndi Elders, the YAC organises, runs and culturally maps Yindjibarndi country. All of this information is professionally archived by the YAC. The information is available for all Yindjibarndi people according to the appropriate cultural protocols.

COMMERCIALSECTION 09

The strategic commercial driver is tasked with building the financial wealth of the Yindjibarndi people through sound investments and the development of community owned property assets and businesses. The aim is to provide capital growth and wealth creation on one hand whilst delivering employment, training and career development opportunities for Yindjibarndi people for the immediate and longer term future. The focus areas outlined for the Yindjibarndi commercial drivers include but are not limited to:

Small Business Opportunities

YAC will provide assistance to the development of new as well as supporting growth of existing small businesses. YAC will also continue to invest in the training and development of Yindjibarndi people to ensure that opportunities exist within the community to be engaged through the development of new and existing businesses.

Mining and Resource Services

Promotion and facilitation of opportunities that exist in the mining and resources sector through relationships and negotiations on land use agreements.

Financial / Banking / Investment

Providing financial facilities for Yindjibarndi people locally whilst also exploring opportunities that will provide longer term benefit to the community.

Land Use

Numerous opportunities exist for the use of Yindjibarndi land to create opportunities that facilitate community development outcomes. These opportunities include but are not limited to:

1. Resources;2. Primary production;3. Land Management; and4. Tourism.

YAC Entertainment and Recreation

Through the utilization of existing programs and as the community develops there will be opportunities that YAC can assist with to create commercial opportunities that capture the needs of the community as well as visitors to the community.

Culture / Art / Craft

Through the continued development of strong cultural identity of Yindjibarndi people commercial opportunities will exist for cultural based enterprises. YAC like with any Yindjibarndi small business venture will assist through the provision of advice

CULTURESECTION 08

16

Page 18: YAC Prospectus

Yurra Pty Ltd was established in early 2013 as the formilisation of a partnership between the Yindjibarndi Aboriginal Corporation (YAC) and ALM. Yurra’s first contract was awarded in mid-2013 with the company’s target market focused initially on the North-West of Western Australia.

Yurra has a vision to enter into long term partnerships to deliver education and training for indigenous and local people, generate long term employment opportunities, in particular for the Yindjibarndi community, improve and grow relationships with stakeholders and develop the Yurra business brand.

The major objectives for Yurra are:

1. To have an innovative approach to building a sustainable Aboriginal business respecting the need to enhance Aboriginal Culture and Communities whilst operating Commercially;

2. As a profitable business, contribute positively to the local economies in which we operate;

3. Develop a wide range of employment opportunities with training and development apprenticeships and traineeships for employees of Yurra;

4. To create partnerships that support the development and success of associated businesses and continually strives to deliver improved client satisfaction; and

5. To establish a well-known, respected brand within the fields/industries in which we operate.

The capabilities which Yurra as a business has and is growing opon currently include:

• Partnership Development and Management;• Contracting Services including but not limited to:

- Commercial and Residential Landscaping;- Landscape and irrigation design;- Cleaning;- Minor Civil Works;- Waste Management; - Weed Control;- Security / Gatework;- Traffic Control; and- Maintenance Services.

• Project Management; and• Training and Career Development.

YURRASECTION 10

18

Page 19: YAC Prospectus

Yurra Pty Ltd was established in early 2013 as the formilisation of a partnership between the Yindjibarndi Aboriginal Corporation (YAC) and ALM. Yurra’s first contract was awarded in mid-2013 with the company’s target market focused initially on the North-West of Western Australia.

Yurra has a vision to enter into long term partnerships to deliver education and training for indigenous and local people, generate long term employment opportunities, in particular for the Yindjibarndi community, improve and grow relationships with stakeholders and develop the Yurra business brand.

The major objectives for Yurra are:

1. To have an innovative approach to building a sustainable Aboriginal business respecting the need to enhance Aboriginal Culture and Communities whilst operating Commercially;

2. As a profitable business, contribute positively to the local economies in which we operate;

3. Develop a wide range of employment opportunities with training and development apprenticeships and traineeships for employees of Yurra;

4. To create partnerships that support the development and success of associated businesses and continually strives to deliver improved client satisfaction; and

5. To establish a well-known, respected brand within the fields/industries in which we operate.

The capabilities which Yurra as a business has and is growing opon currently include:

• Partnership Development and Management;• Contracting Services including but not limited to:

- Commercial and Residential Landscaping;- Landscape and irrigation design;- Cleaning;- Minor Civil Works;- Waste Management; - Weed Control;- Security / Gatework;- Traffic Control; and- Maintenance Services.

• Project Management; and• Training and Career Development.

YURRASECTION 10

18

Page 20: YAC Prospectus

YINDJIBARNDI ABORIGINAL CORPORATIONPO Box 111, Roebourne, WA 6718Tel: 08 9182 1497 : 08 9182 1141 : Fax: 08 9182 1035I.C.N. Number 4370 A.B.N. Number 97 456 543 455www.Yindjibarndi.org.au