Noongar Operations Funding Guidelines

The Funding Guidelines

The Funding Guidelines address the following:

(a) the timing of when ENEs apply for funding, and when the Trustee determines applications;

(b) what must be included in an application for Operations Funding;

(c) what must be included in an application for Special Projects Funding;

(d) the process for the Trustee to consult with the NAC in relation to distribution applications;

(e) general rules for the Trustee’s assessment of all funding applications;

(f) rules for assessment of Operations Funding applications (what the Trustee must have regard to);

(g) rules for assessment of Special Projects Funding (what the Trustee must have regard to); and

(h) the rules for ENEs to report to the Trustee on the use of the distribution.

Applications for Operations Funding will look closely at the ENE’s objects, activities, plans, budgets, expenditure and previous reporting.

Applications for Special Projects Funding will look closely at the timing of the project, the intended outcomes, the anticipated benefit and the assistance obtained from other sources.

The Funding Guidelines refer to the concept of Special Project Guidelines, which are the principles or guidelines that apply just to a particular Special Project.

ENEs must report within 12 months of receiving a distribution, and the Trustee can ask the ENE to provide a certificate from the ENE’s auditor confirming the amount of the distribution actually spent for the purposes of the distribution.

The Trustee will need to have close regard to the Funding Guidelines as part of the distribution process. The Trustee will be working closely with the ENEs to ensure compliance by both the ENEs and the Trustee.

Preparing and Changing the Funding Guidelines

The Trustee is responsible for maintaining the Funding Guidelines, with the initial guidelines in Schedule 1 of the Trust Deed.

The Funding Guidelines must have regard to the Funding Principles in the Trust Deed, and include rules and procedures for administering funding applications.

The Funding Guidelines must be consistent with the Strategic Plan for the Trust.

The Trustee can change the Funding Guidelines, provided it consults with the NAC, and seeks consent of the State during the State Contribution Period.

The Funding Principles which must be considered when designing the Funding Guidelines are:

  • (a) the principal source of distributions is the Operations Fund;

  • (b) distributions should be made in a way that supports the ENEs to benefit a broad cross-section of the Noongar Community but without limiting the Trustee’s discretion as to the manner in which it will seek to balance distributions between ENEs;

  • (c) distributions should, in the Trustee’s opinion, be just, fair and equitable as between ENEs (which does not necessarily require equal distributions);

  • (d) distributions must only be applied by ENEs in furtherance of their objects;

  • (e) it is a matter for each ENE to determine how it will pursue its objects; and

  • (f) each ENE will have different goals, plans, pathways and timelines that should not be compared or measured against other ENEs.