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Friday 1 April 2005, Media Release

ICAC FINDINGS ON KOOPAHTOO LALC

The New South Wales Aboriginal Land Council welcomes the release today of the findings of the Independent Commission Against Corruption (ICAC) investigation into the Koompahtoo Local Aboriginal Land Council.

We expect much of the public reaction to the report will concentrate on the fact that ICAC has made findings of corrupt conduct against eight people, and recommended prosecutions be considered against six of those persons.

The NSWALC believes the full force of the law ought to be brought to bear on those people given their conduct will be taken, in many quarters, as an adverse reflection on the land council network as a whole.

The Commission’s investigations also raised broader issues concerning the adequacy and efficacy of some provisions of the Aboriginal Land Rights Act which affect the ability of Local Aboriginal Land Councils to deal with land.

It should be noted that a considerable amount of work has already been done in addressing these issues by NSWALC, and other parties, in the current review of the ALRA.

The ICAC findings will be given close attention by all parties to the Review.
Everyone will be the poorer for his passing.

NSWALC has retained Mr. John Basten, QC, who acted as Assistant ICAC Commissioner for the Koompahtoo investigations, to provide policy input in this regard.

We would expect the current review of the Act to propose a new and comprehensive land dealings regime which provides for, among other things, much more transparency in development proposals. The NSWALC has introduced guidelines to tighten its policies in this regard in the interim.

We have also implemented a range of risk management and corruption prevention policies including establishing an inter agency committee on improved corruption prevention and risk management in NSWALC and the wider land council network.

It should also be noted that NSWALC initiated the ICAC inquiry into Koompahtoo through its appointment of an Investigator and then an Administrator into the LALC following disquiet about its activities. These appointments resulted in the original references to ICAC.

We would urge all members of the land council network to take a long hard look at the results of this investigation.

In addition to the issues raised in the ICAC recommendations NSWALC considers a proper consideration of governance issues within Local Aboriginal Land Councils to be another major issue for the current review.

No-one can legislate against corrupt activity.

NSWALC will continue to do all in its power, however, to seek to ensure that the sharp practices outlined in this report will be a thing of the past by seeking amendments to the Act to make it that much harder for these things to occur again.

NSWALC, despite claims to the contrary by some mainstream journalists and others, is not intent on blocking “development.”

We are simply aiming to ensure that Land Council members, and the wider Aboriginal community, are not exposed now, and in future, to the shoddy practices that characterised the late 1980’s.

The forms of development which give Aboriginal people lasting benefits are those that are transparent, commercially sound, and in accordance with the law.

Murray Chapman
Administrator, NSWALC
April 1, 2005