While waiting for Justice Mansfield to bring down his finding on a matter brought by Nyangatjatjara Aboriginal Corporation (NAC) in the Federal Court, the Registrar of Aboriginal Corporations reassured students and families connected to the college that ORAC, the administrator and DEST (the key funding body) are striving to ensure the viability of the Nyangatjatjara College.
On 1 May 2006 NAC and six former members of the governing committee applied to the Federal Court for a review of the Registrar's decision to appoint an administrator. This legal challenge was unsuccessful.
Then on 4 December 2006 four former members of the governing committee made a further application to the Federal Court seeking orders that would require the administrator and/or the Registrar to establish a Register of Members and convene a special general meeting. That application was heard by Justice Mansfield on 19 and 20 February 2007. His decision is expected to be handed down shortly.
Just before the appointment of the administrator it was established NAC is the sole shareholder of a company called Wana Ungkunytja Pty Ltd. This company owns a group of trading companies including the Anangu Accounting Agency Pty Ltd, Ninti Corporate Services Pty Ltd, Uluru Autos Pty Ltd, Anangu Waai Pty Ltd, Anangu Tours Pty Ltd, Uluru Camel Tours Pty Ltd, Frontier Camel Tours Pty Ltd, Spirit of the Night Sky Pty Ltd, Anangu Productions Pty Ltd, Anangu Real Estate Pty Ltd and a half share in True Story Joint Venture Pty Ltd.
Since he was appointed, the administrator has had to devote his attention to ensuring the survival of the college.
Nyangatjatjara Aboriginal Corporation operates a secondary school at Yulara near Uluru with campuses also at the Mutitjulu, Imanpa and Docker River communities. In the past year, it has been discovered that the building of the boarding facility at Yulara was completed without complying with fire protection standards.
This lapse in meeting fire standards occurred well before an administrator was appointed.
Because it is critical that the building now be modified to meet fire standards, the dormitory facility has been closed while this process occurs.
All three campuses are operating and staffed by qualified teachers, as is the Yulara campus (where the Mutitjulu students are attending on a day basis). There is the Acting CEO, Senior Teacher, a teacher, house parents (who provide other support while the dormitories are not available), a Recreation Officer and administration staff. The principal is currently on sick leave.
Teachers and staff have met with parents and students, and with the communities. Care is being taken to keep the communities informed on school activities, with community visits planned to keep everyone up-to-date about developments at the college.
The staff are working hard to increase student numbers at the college, following a drop in attendance for various reasons including the lack of a boarding facility and the overall reduction in Mutitjulu’s population.
The administrator is working closely with the funding agencies—the Commonwealth Department of Education, Science and Training (DEST), the Northern Territory Department of Employment, Education and Training (NTDEET) and others—to stabilise the college’s operations and further assess its long-term direction in the provision of education for secondary school students in the region.
It is over one year since the Registrar appointed an administrator.
On 28 April 2006 the Registrar of Aboriginal Corporations appointed Mr Eamonn Thackaberry of Chalgrove Projects Pty Ltd to manage the affairs of NAC under s. 71 of the Aboriginal Councils and Associations Act 1976 ( the ACA Act). Mr Thackaberry was chosen from the panel of administrators that ORAC established consistent with the Commonwealth procurement guidelines.
The administrator was appointed to address serious issues of concern including:
The administrator engaged an Acting CEO, Mr David Parish, who is an experienced educator.
In March 2007 DEST approved additional funding to undertake a comprehensive strategic planning and implementation process involving parents, students and community members aimed at the college becoming the preferred provider of secondary education services for Imanpa, Docker River and Mutitjulu in the future.
The administrator is also looking at a number of corporate governance issues and other matters, such as the membership of NAC and arrangements between NAC and its numerous subsidiaries, which will be resolved over time.
Janet Millar (02) 6244 7882 or 0427 259 789
8 June 2007
ORAC MR0607-08
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