Kimberley Land Council cleared of excess influence over Trust in glowing management probe

NIT Published October 10, 2022 at 8.30am (AWST)

The Kimberley Land Council has been cleared of exerting undue influence over a benefits trust for Traditional Owners in a glowing report which praised the fund for meeting its roles and obligations "remarkably well".

The inquiry into the control, management, obligations and transparency of the Kimberley Sustainable Development Charitable Trust found no mismanagement or criminal activity, but noted an overhaul was needed to modernise its functions.

The inquiry was called after concerns were raised by some Trust beneficiaries, mainly centred around transparency, communication and representation.

Most of those concerns were found in barrister Anthony Power's independent report to be unfounded, with Mr Power instead pointing to a lack of understanding about the relationship between the Trust's board and the KLC.

KLC chief executive Tyronne Garstone said the findings gave Kimberley Aboriginal people confidence the trust was being operated in their best interests.

"The review has shown KSDCT has discharged its primary roles and obligations very well, but like all institutions it needs to keep pace with changing times and circumstances," he said.

"The KLC remains committed to acting with transparency and integrity as we work towards improving the cultural, social and economic well-being of Kimberley Aboriginal people.

"Commissioning Mr Power's review of the KSDCT is consistent with this commitment as it has provided assurance for Kimberley Aboriginal people that the trust is being properly managed."

The review canvassed some 24,594 documents and 78 interviews over the course of 14 months, starting in May last year.

While mostly congratulatory, the report did find there was a lack of understanding from some parties as to the Trust's role and operations.

Among 78 recommendations was a call for communication be improved and governance be modernised to strengthen the Trust's operations.

Mr Garstone said the KLC welcomed the report's recommendations.

A Kimberley Sustainable Development spokesperson said an independent assessment was now underway to consider Mr Power's recommendations.

"It is important the Trust's beneficiaries are consulted and given the opportunity to understand the findings and recommendations from the inquiry, some of which could result in significant changes to the resourcing and operating capacity of the KSDCT, if implemented," they said.

"The KSD is mindful that some of Mr Power's recommendations, if implemented, may result in increased costs for the operation of the Trust.

"The KSD is committed to continuing to work in the best interests of the KSDCT and its beneficiaries."

The Trust was set up two decades ago to ensure managed funds were preserved and, where possible, grown, and spent on beneficiaries of the trust rather than operating expenses.

It is governed by an independent board and administered by a wholly-owned subsidiary of the KLC.

The review has been published in the KLC's website.

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National Indigenous Times

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