News
18 April 2024
Noongar Advisory Company appoint Independent Directors
Noongar Advisory Company Directors listen closely to Whadjuk Noongar Elder Nick Abraham during a Welcome to Country and Smoking Ceremony at Karrgatup
On 18 April 2024 the Noongar Advisory Company (the Company) welcomed two new Independent Directors, Julie Keene and Russell Barnett, to the board.
The Company held a Smoking Ceremony and Welcome to Country at Karrgatup, King’s Park, to cleanse the Directors and executive staff and to remind them of their responsibilities to Noongar community as well as induct the Independent Directors on Noongar culture.
Julie Keene, newly appointed Independent Director, cleanses herself in smoke.
The Company has the role of providing advice to Perpetual as the initial trustee for the Noongar Boodja Trust on managing its relationship with the Noongar people, the Noongar Corporations Committee (NCC), the Central Services Corporation (CSC), and the six Noongar Regional Corporations (RCs), fostering mutual respect and cooperation between Perpetual, the Noongar people, the CSC, and the RCs, and Perpetual’s fulfilment of the Trust purpose and terms of the Trust Deed generally.
Russell Barnett, newly appointed Independent Director and nominated Company representative on the Noongar Relationship Committee, cleanses himself in smoke.
The Company expressed their gratitude to inaugural Independent Directors Tony Evans and Ian McPherson for their contributions during the establishment phase of the Company.
You can find out more about the Company here.
15 January 2024
Noongar Advisory Company seeks two (2) Independent Directors
If you are a leader in your field, an experienced director and have a genuine desire to contribute to the social and economic advancement of the Noongar Community, please lodge your expression of interest.
The Noongar Advisory Company appointments are two (2) or three (3) year term.
Applications close 5pm (AWST), Thursday, 15 February 2024.
To learn more about the role and to view the selection criteria, please download the EOI Pack here.
If you have questions, please email the Secretariat of the Nominations Committee, Margot Robine, at: applications-nt@perpetual.com.au.
16 October 2023
Noongar Boodja Trust Investment Committee holds inaugural meeting
Go Cultural traditional cultural custodians Walter and Meg McGuire inducting the Committee on Noongar culture at Karrgatup.
The first meeting of the Noongar Boodja Trust Investment Committee (the Committee) was convened in Perth last week, representing a key milestone for the Trust. The newly formed committee took part in a cultural induction with a Noongar cultural guide at Karrgatup (King’s Park) on Whadjuk country and were introduced to the South West Native Title Settlement by the Noongar people involved in the negotiations.
Mark Smith, Chair of the Committee, cleanses himself in smoke.
The Committee was appointed on Tuesday 5 September 2023, and is responsible for the development of the Investment Policy, and consulting with the Noongar Corporations Committee, the Noongar Advisory Company, and the WA Government about investment matters. The Committee selects Investment Managers and reviews their performance. You can find out more about the Committee here.
The inaugural meeting is the culmination of two and a half years work in setting up and selecting the Committee making it such a milestone.
5 October 2023
Noongar Advisory Company seeks two (2) Independent Directors
If you are a leader in your field, an experienced director and have a genuine desire to contribute to the social and economic advancement of the Noongar Community, please lodge your expression of interest.
The Noongar Advisory Company appointments are two (2) or three (3) year term.
Applications close Monday, 16 October 2023.
To learn more about the role and to view the selection criteria, please download the EOI Pack here.
If you have questions, please email the Secretariat of the Nominations Committee, Margot Robine, at: applications-nt@perpetual.com.au.
5 September 2023
Trustee appoints Noongar Boodja Trust Investment Committee
On 5 September 2023, the Trustee appointed the Investment Committee for the Noongar Boodja Trust.
The Trustee representative member and Chair of the Committee is Perpetual Chief Executive for Wealth Management, Mark Smith.
The two (2) members nominated by the Noongar Corporations Committee, on the recommendation of the Nominations Committee, are Brendan Moore and Brian Wyborn.
The two (2) members recommended by the Nominations Committee as independent property experts, are Frank Marra and Tom Oosterhof.
The two (2) members recommended by the Nominations Committee as independent investment experts, are Paul Taylor and Jonathon Sweeney.
The functions of the Noongar Boodja Trust Investment Committee are to:
(a) review proposals from Investment Managers and provide recommendations and feedback to the Trustee;
(b) review the draft Investment Policy as prepared by the Trustee and provide recommendations and feedback to the Trustee;
(c) assist the Trustee to review the performance of the investments made by theTrustee against the agreed investment performance benchmarks identified in the Investment Policy;
(d) review the Trustee’s compliance with its investment obligations under this Deed, and provide recommendations to the Trustee as to how those obligations may be met;
(e) provide unbiased investment advice and recommendations to the Trustee in relation to the Future Fund; and
(f) provide guidance to the Trustee on Property Development Activities; and Housing Land Development Activities in relation to the Housing Land Fund and the Development Land Fund.
26 June 2023
Trustee reopens nominations for Noongar Property Expert candidates for the Noongar Boodja Trust Investment Committee
On 26 June 2023, Perpetual announced that it had re-opened nominations for a Property Expert member for the Noongar Boodja Trust Investment Committee.
The Investment Committee is a very important part of the governance of the Noongar Boodja Trust undertaking a wide range of roles, including: reviewing proposals from Investment Managers and providing recommendations and feedback to the Trustee; reviewing the draft Investment Policy as prepared by the Trustee and providing recommendations and feedback to the Trustee; and providing guidance to the Trustee on property development activities.
The successful candidate for the vacancy will have at least five years' expertise or experience in significant property transactions or residential, commercial, industrial or retail property development special projects – ideally with significant experience within Perth and the South West of Western Australia - and meet the other eligibility requirements set in the EOI pack and Noongar Boodja Trust Deed.
If you would like to nominate for the role, please clink the following link and follow the instructions in the EOI pack:
Noongar Members for Noongar Boodja Trust Investment Committee EOI Pack
Please send your completed application by email to: applications-nt@perpetual.com.au Attention: Chair, Noongar Nominations Committee.
Applications close: 5pm, Saturday, 15 July 2023.
Should you have any questions about the application or the selection process, please contact:
Jai Wilson, Senior Trust Manager, Perpetual, by email at:
applications-nt@perpetual.com.au
or by phone on: +618 9224 4400
20 April 2023
Noongar Advisory Company voices its support for the ‘Yes’ campaign for an Indigenous Voice to Parliament
The directors of the Noongar Advisory Company voiced their support for the ‘Yes” campaign for the referendum to change the Australian constitution to create an Aboriginal Voice to Parliament.
To find more information about the details of the ‘Yes’ campaign so that you can make your own informed decision about how you will choose to vote, please visit the following link: https://yes23.com.au/
31 March 2023
Trustee reopens nominations for Noongar or non-Noongar Aboriginal candidates for the Noongar Boodja Trust Investment Committee
On 31 March 2023, Perpetual announced that it had re-opened nominations for one (1) Noongar or non-Noongar Member for the Noongar Boodja Trust Investment Committee.
The Investment Committee is a very important part of the governance of the Noongar Boodja Trust undertaking a wide range of roles, including: reviewing proposals from Investment Managers and providing recommendations and feedback to the Trustee; reviewing the draft Investment Policy as prepared by the Trustee and providing recommendations and feedback to the Trustee; and providing guidance to the Trustee on property development activities.
The successful candidate for the vacancy will have at least five years’ expertise or experience in investment and/or property development and meet the other eligibility requirements set in the Noongar Boodja Trust Deed.
If you are a Noongar or non-Noongar Aboriginal person with expertise or experience in investment and/or property development and would like to nominate for the role, please clink the following link and follow the instructions in the EOI pack:
Noongar Members for Noongar Boodja Trust Investment Committee EOI Pack
Please send your completed application by email to: applications-nt@perpetual.com.au Attention: Chair, Noongar Nominations Committee.
Applications close: 5pm, Friday, 14 April 2023.
Should you have any questions about the application or the selection process, please contact:
Jai Wilson, Senior Trust Manager, Perpetual, by email at:
applications-nt@perpetual.com.au
or by phone on: +618 9224 4400
9 March 2023
Trustee convenes the inaugural Noongar Relationship Committee meeting
The Committee standing together with trust management staff from Perpetual in front of the Derbarl Yerrigan on Whadjuk country.
On 9 March 2023, the Trustee held the inaugural Noongar Relationship Committee (the Committee) meeting at Burswood on Swan in Perth.
The Committee provides a forum for direct and meaningful engagement between the Noongar Regional Corporations, the Central Services Corporation, the Trustee, and the Noongar Advisory Company.
The Committee elected Gail Beck as their Chair. Gail is also the Chair of the Noongar Corporations Committee, and Chair of the board of directors of the Yued Aboriginal Corporation.
20 December 2022
Trustee reopens nominations for Noongar or Aboriginal or Torres Strait Islander candidates for the Noongar Boodja Trust Investment Committee
On 20 December 2022, Perpetual announced that it had re-opened nominations for two (2) Noongar or Aboriginal or Torres Strait Islander Members for the Noongar Boodja Trust Investment Committee.
The Investment Committee is a very important part of the governance of the Noongar Boodja Trust undertaking a wide range of roles, including: reviewing proposals from Investment Managers and providing recommendations and feedback to the Trustee; reviewing the draft Investment Policy as prepared by the Trustee and providing recommendations and feedback to the Trustee; and providing guidance to the Trustee on property development activities.
The successful candidates for the two (2) vacancies will have at least five years’ expertise or experience in investment and/or property development and meet the other eligibility requirements set in the Noongar Boodja Trust Deed.
If you are a Noongar or Aboriginal or Torres Strait Islander Person with expertise or experience in investment and/or property development and would like to nominate for the role, please clink the following link and follow the instructions in the EOI pack:
Noongar Members for Noongar Boodja Trust Investment Committee EOI Pack
Please send your completed application by email to: applications-nt@perpetual.com.au Attention: Chair, Noongar Nominations Committee.
Applications close: 5pm, Monday, 31 January 2023.
Should you have any questions about the application or the selection process, please contact:
Jai Wilson, Senior Trust Manager, Perpetual, by email at:
applications-nt@perpetual.com.au
or by phone on: +618 9224 4400
6 December 2022
Six Noongar Regional Corporations appointed to represent their communities under the Noongar Native Title Agreement
Noongar representatives and Aboriginal Affairs Minister, Tony Buti, today signed six Deeds of Novation to formalise the role of the Noongar Regional Corporations as parties to the six Indigenous Land Use Agreements (ILUAs) that comprise the Noongar Native Title Agreement.
The Corporations standing together by the Derbarl Yerrigan on Whadjuk country after signing the Deeds of Novation.
29 November 2022
Trustee appoints Karri Karrak Aboriginal Corporation as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust
On 29 November 2022, Perpetual announced that it had, in its capacity as the Trustee for the Noongar Boodja Trust, appointed the Karri Karrak Aboriginal Corporation (ABN 19 126 031 234 ICN 9633) as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed.
Perpetual assessed the Karri Karrak Aboriginal Corporation’s eligibility under clause 4.5 of the Noongar Boodja Trust Deed and confirmed and accepted that the Karri Karrak Aboriginal Corporation met all the eligibility requirements to become a Regional Corporation.
This appointment followed the State’s endorsement of the Karri Karrak Aboriginal Corporation as the nominated Regional Corporation for the South West Boojarah Native Title Agreement Group on 29 November 2022.
As a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed, the Karri Karrak Aboriginal Corporation is now a beneficiary of the Noongar Boodja Trust and may apply for operational funding from the Noongar Boodja Trust to undertake its core functions under the Noongar Native Title Agreement.
The Noongar Advisory Company joins the Trustee in congratulating the members and directors of the Karri Karrak Aboriginal Corporation on their considerable efforts and achievements over the past 18 months.
18 November 2022
Trustee appoints Yued Aboriginal Corporation as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust
On 18 November 2022, Perpetual announced that it had, in its capacity as the Trustee for the Noongar Boodja Trust, appointed the Yued Aboriginal Corporation (ABN 77 142 633 481 ICN 9579) as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed.
Perpetual assessed the Yued Aboriginal Corporation’s eligibility under clause 4.5 of the Noongar Boodja Trust Deed and confirmed and accepted that the Yued Aboriginal Corporation met all the eligibility requirements to become a Regional Corporation.
This appointment followed the State’s endorsement of the Yued Aboriginal Corporation as the nominated Regional Corporation for the Yued Native Title Agreement Group on 17 November 2022.
As a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed, the Yued Aboriginal Corporation is now a beneficiary of the Noongar Boodja Trust and may apply for operational funding from the Noongar Boodja Trust to undertake its core functions under the Noongar Native Title Agreement.
The Noongar Advisory Company joins the Trustee in congratulating the members and directors of the Yued Aboriginal Corporation on their considerable efforts and achievements over the past 18 months.
9 November 2022
Trustee appoints Gnaala Karla Booja Aboriginal Corporation as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust
On 9 November 2022, Perpetual, in its capacity as the Trustee for the Noongar Boodja Trust, announced that it had appointed the Gnaala Karla Booja Aboriginal Corporation (ABN 94 661 024 847 ICN 9603) as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed.
Perpetual assessed the Gnaala Karla Booja Aboriginal Corporation’s eligibility under clause 4.5 of the Noongar Boodja Trust Deed and confirmed and accepted that the Gnaala Karla Booja Aboriginal Corporation met all the eligibility requirements to become a Regional Corporation.
This appointment followed the State’s endorsement of the Gnaala Karla Booja Aboriginal Corporation as the nominated Regional Corporation for the Gnaala Karla Booja Native Title Agreement Group.
As a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed, the Gnaala Karla Booja Aboriginal Corporation is now a beneficiary of the Noongar Boodja Trust and may apply for operational funding from the Noongar Boodja Trust to undertake its core functions under the Noongar Native Title Agreement.
The Noongar Advisory Company joins the Trustee in congratulating the members and directors of the Gnaala Karla Booja Aboriginal Corporation on their considerable efforts and achievements over the past 18 months.
2 November 2022
Trustee appoints Whadjuk Aboriginal Corporation as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust
On 2 November 2022, Perpetual announced that it had, in its capacity as the Trustee for the Noongar Boodja Trust, appointed the Whadjuk Aboriginal Corporation (ABN 14 190 329 120 ICN 9604) as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed.
Perpetual assessed the Whadjuk Aboriginal Corporation’s eligibility under clause 4.5 of the Noongar Boodja Trust Deed and confirmed and accepted that the Whadjuk Aboriginal Corporation met all the eligibility requirements to become a Regional Corporation.
This appointment followed the State’s endorsement of the Whadjuk Aboriginal Corporation as the nominated Regional Corporation for the Whadjuk Native Title Agreement Group on 27 October 2022.
As a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed, the Whadjuk Aboriginal Corporation is now a beneficiary of the Noongar Boodja Trust and may apply for operational funding from the Noongar Boodja Trust to undertake its core functions under the Noongar Native Title Agreement.
The Noongar Advisory Company joins the Trustee in congratulating the members and directors of the Whadjuk Aboriginal Corporation on their considerable efforts and achievements over the past 18 months.
20 October 2022
Trustee appoints Ballardong Aboriginal Corporation as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust
On 20 October 2022, Perpetual announced that it had, in its capacity as the Trustee for the Noongar Boodja Trust, appointed the Ballardong Aboriginal Corporation (ABN 38 206 793 433 ICN 9605) as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed.
Perpetual assessed the Ballardong Aboriginal Corporation’s eligibility under clause 4.5 of the Noongar Boodja Trust Deed and confirmed and accepted that the Ballardong Aboriginal Corporation met all the eligibility requirements to become a Regional Corporation.
This appointment followed the State’s endorsement of the Ballardong Aboriginal Corporation as the nominated Regional Corporation for the Ballardong Native Title Agreement Group on 12 October 2022.
As a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed, the Ballardong Aboriginal Corporation is now a beneficiary of the Noongar Boodja Trust and may apply for operational funding from the Noongar Boodja Trust to undertake its core functions under the Noongar Native Title Agreement.
The Noongar Advisory Company joins the Trustee in congratulating the members and directors of the Ballardong Aboriginal Corporation on their considerable efforts and achievements over the past 18 months.
20 October 2022
Trustee appoints Wagyl Kaip Aboriginal Corporation as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust
On 20 October 2022, Perpetual announced that it had, in its capacity as the Trustee for the Noongar Boodja Trust, appointed the Wagyl Kaip Aboriginal Corporation (ABN 31 266 367 654 ICN 9622) as a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed.
Perpetual assessed the Wagyl Kaip Aboriginal Corporation’s eligibility under clause 4.5 of the Noongar Boodja Trust Deed and confirmed and accepted that the Wagyl Kaip Aboriginal Corporation met all the eligibility requirements to become a Regional Corporation.
This appointment followed the State’s endorsement of the Wagyl Kaip Aboriginal Corporation as the nominated Regional Corporation for the Wagyl Kaip and Southern Noongar Native Title Agreement Group on 6 October 2022.
As a Regional Corporation and Eligible Noongar Entity under the Noongar Boodja Trust Deed, the Wagyl Kaip Aboriginal Corporation is now a beneficiary of the Noongar Boodja Trust and may apply for operational funding from the Noongar Boodja Trust to undertake its core functions under the Noongar Native Title Agreement.
The Noongar Advisory Company joins the Trustee in congratulating the members and directors of the Wagyl Kaip Aboriginal Corporation on their considerable efforts and achievements over the past 18 months.
10 October 2022
Trustee reopens nominations for Noongar candidates for the Noongar Boodja Trust Investment Committee
On 10 October 2022, Perpetual announced that it had re-opened nominations for two (2) Noongar Members for the Noongar Boodja Trust Investment Committee.
The Investment Committee is a very important part of the governance of the Noongar Boodja Trust undertaking a wide range of roles, including: reviewing proposals from Investment Managers and providing recommendations and feedback to the Trustee; reviewing the draft Investment Policy as prepared by the Trustee and providing recommendations and feedback to the Trustee; and providing guidance to the Trustee on property development activities.
The successful candidates for the two (2) vacancies have at least five years’ expertise or experience in investment and/or property development and meet the other eligibility requirements set in the Noongar Boodja Trust Deed.
If you are a Noongar Person with expertise or experience in investment and/or property development and would like to nominate for the role, please clink the following link and follow the instructions in the EOI pack:
Noongar Members for Noongar Boodja Trust Investment Committee EOI Pack
Please send your completed application by email to: applications-nt@perpetual.com.au Attention: Chair, Noongar Nominations Committee.
Applications close: 5pm, Monday, 31 October 2022.
Should you have any questions about the application or the selection process, please contact:
Jai Wilson, Senior Trust Manager, Perpetual, by email at:
applications-nt@perpetual.com.au
or by phone on: +618 9224 4400
10 October 2022
Trustee opens nominations for a Noongar Community Member for the Noongar Boodja Trust Nominations Committee
On 10 October 2022, Perpetual announced that it had opened nominations for one (1) Noongar Community Member for the Noongar Boodja Trust Nominations Committee to fill a casual vacancy on the Committee.
The Nominations Committee is a very important part of the governance of the Noongar Boodja Trust including managing the selection process for board members of the Noongar Advisory Company and committee positions for the Investment Committee.
The Nominations Committee also has a role in the appointment process for directors for the Noongar Regional Corporations and the Central Service Corporation directors to ensure that they meet the eligibility requirements set out in the corporation rulebooks.
If you are a Noongar Person with experience as a Director or experience managing staff and reporting to boards and would like to nominate for the role, please clink the following link and follow the instructions in the EOI pack:
Noongar Members for Noongar Boodja Trust Nominations Committee EOI Pack
Please send your completed application by email to: applications-nt@perpetual.com.au Attention: Chair, Noongar Nominations Committee.
Applications close: 5pm, Monday, 31 October 2022.
Should you have any questions about the application or the selection process, please contact:
Jai Wilson, Senior Trust Manager, Perpetual, by email at:
applications-nt@perpetual.com.au
or by phone on: +618 9224 4400
29 August 2022
Perpetual enters into national agreement with Kulbardi
On 29 August 2022, Perpetual announced that it had entered into a national agreement with Kulbardi to provide Perpetual’s office supplies.
Kulbardi are a 100% Indigenous owned and managed and Supply Nation certified business which aims to create and maintain strategic, sustainable, partnerships with Indigenous to non-Indigenous businesses for the supply of stationery and workplace supplies to Australia’s largest corporate companies, including Local, State and Federal Government agencies across Australia..
Kulbardi were selected by Perpetual through a competitive review of stationery suppliers, which were assessed not only on price, but also on cultural alignment to Perpetual’s values.
19 August 2022
Trustee appoints Noongar Boodja Trust Nominations Committee
On 19 August 2022, Perpetual Trustee Company Limited (Perpetual), in its capacity as the first Trustee for the Noongar Boodja Trust, appointed the Noongar Nominations Committee.
The general purpose of the Nominations Committee is to facilitate and streamline the process of selecting and securing candidates for positions as directors and committee members in respect of this Trust and the Eligible Noongar Entities.
The Nominations Committee is comprised of six persons appointed by the Trustee consisting of:
one person nominated by the Trustee who shall be the chair of the Nominations Committee;
one Noongar person nominated by the Trustee and recommended by the Noongar Advisory Company in place of the Noongar Relationship Committee who is not be a current director or employee of an Eligible Noongar Entity;
two representatives of the Noongar Community that have experience
with directorships and boards; and
two Independent persons that have experience with directorships and
boards.
When selecting the Nominations Committee members, Perpetual consulted with the Noongar Advisory Company, which reviewed the composition of the Nominations Committee to ensure that there is a balanced mix of expertise and experience; that appropriate criteria were developed for assessing the suitability of candidates; and that candidates were considered on the basis of merit rather than any affiliation. Following the consultation, Noongar Advisory Company directors resolved that they were satisfied these criteria had been met.
The Nominations Committee will now continue the task of interviewing and nominating candidates for the Noongar Investment Committee.
6 July 2022
Trustee opens expressions of interest for three (3) Noongar members for the Nominations Committee and two (2) Noongar members for the Investment Committee
On 6 July 2022, Perpetual Trustee Company Limited (Perpetual), in its capacity as the first Trustee for the Noongar Boodja Trust, opened expressions of interest for Noongar candidates (in accordance with s.50(d) of the Equal Opportunity Act 1984) to be members of the Noongar Nominations Committee and the Noongar Investment Committee.
Perpetual requires three (3) Noongar members for the Noongar Nominations Committee. The deadline for applications for Noongar members for the Noongar Nominations Committee is 21 July 2022. Candidates for Noongar members for the Noongar Nominations Committee are required to provide:
a current CV;
a cover letter confirming they meet the eligibility requirements and selection criteria in this Nominations Committee EOI Information Pack; and
the names and contact details of one (1) professional referee and one (1) cultural/community referee.
Perpetual also requires two (2) Noongar members for the Noongar Investment Committee. The deadline for applications for Noongar members of the Noongar Investment Committee is 31 July 2022. Candidates for Noongar members for the Noongar Investment Committee are required to provide:
a current CV;
a cover letter confirming they meet the eligibility requirements and selection criteria this Investment Committee EOI Information Pack; and
the names and contact details of two (2) referees.
Candidates must send their completed application by email to:
Should you have any questions about the application or the selection process, please contact:
Jai Wilson, Senior Trust Manager – Noongar Boodja Trust, by phone:
29 June 2022
Trustee appoints the South West Aboriginal Land and Sea Council Aboriginal Corporation as the Central Services Corporation under the Noongar Boodja Trust Deed
On the 29th of June 2022, Perpetual Trustee Company Limited (Perpetual), in its capacity as the first Trustee for the Noongar Boodja Trust, advised the State of Western Australia and the South West Aboriginal Land and Sea Council Aboriginal Corporation (SWALSC) that it had appointed SWALSC as the Central Services Corporation (CSC) under the Noongar Boodja Trust Deed (NBT Deed).
Following the receipt of SWALSC’s ENE Nomination dated 24 June 2022 seeking to become the Central Services Corporation (CSC), Perpetual assessed SWALSC’s eligibility under clause 5.4 of the NBT Deed and confirmed and accepted that SWALSC met all of the eligibility requirements to become the CSC, and under clause 5.1(a) of the NBT Deed, Perpetual appointed SWALSC to be the CSC for the Noongar Boodja Trust.
Perpetual and the Noongar Advisory company congratulate SWALSC, the directors, CEO, SWALSC staff, and the Noongar community on their considerable efforts and achievements over the past 18 months. This is a significant milestone under the Noongar Boodja Trust to be recognised and celebrated by the Noongar community, the Western Australian Government, Perpetual and the Noongar Advisory Company.
Perpetual and the Noongar Advisory Company look forward to working with SWALSC to support the Regional Corporations and the Noongar community to maximise the opportunities arising from the South West Native Title Agreement.
15 June 2022
Trustee granted Court Orders to make the Noongar Boodja Trust Deed workable
On the 15th of June 2022, the Supreme Court of Western Australia granted orders following an application by Perpetual Trustee Company Limited (Perpetual), in its capacity as the first Trustee for the Noongar Boodja Trust.
Perpetual had determined that some sections of the Noongar Boodja Trust Deed had become unworkable and filed proceedings in the Western Australian Supreme Court today, 1 June 2022, seeking orders under s.89 (or alternatively s.92) of the Trustees Act 1962 (WA) for relief to make the implementation of the Deed workable in the best interests of the Noongar People, whose Central Services Corporation and Regional Corporations are the sole beneficiaries of the Trust.
A summary of the orders granted by the Court include:
Direction as to Investment Committee
Perpetual, as Trustee for the NBT, is empowered to:
(a) itself nominate the 2 persons (having at least 5 years investment or property development expertise or experience) who would have otherwise been nominated by the Noongar Corporations Committee on the recommendation of the Noongar Nominations Committee; and
(b) itself appoint those persons to the Investment Committee if, at the time of such nomination and appointment, no Noongar Corporations Committee has been established.
Direction as to Nominations Committee
Perpetual, as Trustee for the NBT, is empowered to:
(a) itself nominate the 1 person who would have otherwise been nominated by the Noongar Relationship Committee; and
(b) itself appoint that person to the Nominations Committee if, at the time of such nomination and appointment, no Noongar Relationship Committee has been established.
Direction as to Noongar Relationship Committee
Perpetual, as Trustee for the NBT, is empowered to:
(a) to establish the Noongar Relationship Committee as a committee comprised of 3 directors of the Noongar Advisory Company nominated by the Noongar Advisory Company consisting of 1 director nominated by the Trustee (Pamela Kaye); 1 independent director (Tony Evans); and (iii) 1 director being an expert representative of the Noongar Community (Glen Kelly) if no Noongar Corporations Committee has been established; and
(b) upon the Noongar Corporations Committee being established, the members of the Noongar Corporations Committee are also appointed to the Noongar Relationship Committee.
1 June 2022
Trustee seeks Court Orders to make the Noongar Boodja Trust Deed workable
Perpetual Trustee Company Limited (Perpetual), in its capacity as the first Trustee for the Noongar Boodja Trust, has determined that some sections of the Noongar Boodja Trust Deed have become unworkable.
Perpetual filed proceedings in the Western Australian Supreme Court today, 1 June 2022, seeking orders under s.89 (or alternatively s.92) of the Trustees Act 1962 (WA) for relief to make the implementation of the Deed workable in the best interests of the Noongar People, whose Central Services Corporation and Regional Corporations are the sole beneficiaries of the Trust.
The draft orders Perpetual seek on behalf of the Trust aim to clarify the correct interpretation of the Trust Deed regarding the operation of the Investment Committee, the Nominations Committee, and the Noongar Relationship Committee.
Without the orders from the Court, Perpetual will be unable to reappoint the Nominations Committee, will be unable to form the Investment Committee and replace the default investment policy, will be unable to appoint a Remuneration Auditor to oversee Trustee expenses.
Perpetual had undertaken not to lodge the application with the Court until both the South West Aboriginal Land and Sea Council (SWALSC), and the State of Western Australia (State) had reviewed the application materials and provided their feedback. Perpetual has received input from the State and provided a briefing on the application to the SWALSC board in May 2022.
The first part of the orders Perpetual is seeking would enable Perpetual to appoint the Investment Committee in circumstances where the Noongar Corporations Committee has not been established. Perpetual is asking for this power because, under the Trust Deed, the Investment Committee cannot be appointed until all seven members of the Investment Committee have been recommended, and two of the seven members must be nominated by the Noongar Corporations Committee, which is yet to be established.
Any delay in the establishment of the Noongar Corporations Committee will lead to a delay in the establishment of the Investment Committee which would delay the replacement of the default investment policy with an investment policy better suited to the current market.
The second part of the orders would enable Perpetual to appoint the Nominations Committee where Noongar Relationship Committee has not yet been established. Perpetual is seeking this power because the term of the first Nominations Committee expired 19 April 2022 and a new Nominations Committee cannot be appointed until all six members of the Nominations Committee have been recommended, and one of the six members is to be nominated by the Noongar Relationship Committee.
Any delay in the establishment of the Noongar Relationship Committee will lead to a delay in the establishment of the Nomination Committee and would mean that Perpetual would be unable to establish and maintain a functioning Nominations Committee until such time as the Noongar Relationship Committee is established. The implications of this are that there would be no mechanism for assessment of the eligibility of candidates for directors for the Noongar corporations. Nor would there be any mechanism for a body to make recommendations for membership of the Investment Committee.
The third part of the orders would enable Perpetual to appoint the Noongar Relationship Committee where the Noongar Corporations Committee has not yet been established. Perpetual is asking for this power because the members of the Noongar Corporations Committee are also members of the Noongar Relationship Committee.
Any delay in the establishment of the Noongar Corporations Committee will lead to a delay in the establishment of the Noongar Relationship Committee and would mean that Perpetual would be unable to establish and maintain a functioning Noongar Relationship Committee until such time as the Noongar Corporations Committee is established. If there is no Noongar Relationships Committee able to act, the Nominations Committee is unable to operate. The Noongar Relationship’s Committee also provides guidance to Perpetual as trustee regarding its dealings with the traditional laws and customs relevant to the Noongar Community, implementing cultural governance into policies and procedures and codes of conduct and providing recommendations to Perpetual as to how its obligations can be met.
The Noongar Boodja Trust Deed was drafted by Lawyers for the State of Western Australia and is contained within Annexure G of the Indigenous Land Use Agreements that formed part of the State’s final offer to the Noongar People in July 2013.
The Noongar People voted to accept the State’s offer, including the Deed contained within the ILUAs, at the authorisation meetings held January to March 2015.
Perpetual was selected by the trustee selection taskforce to be the initial trustee for the Trust in July 2016 and was formally appointed as Trustee for the Noongar Boodja Trust 29 March 2021.