Assistance to respondents in native title claims
On 23 November 2005 the Attorney-General released a consultation draft of the Guidelines on the provision of Financial Assistance by the Attorney-General under the Native Title Act 1993 (NTA).
What reforms are being proposed regarding the existing arrangements?
It is proposed that reforms to the native title respondent funding program will strengthen its focus on resolution of native title issues through agreement making, in preference to litigation.
A wide range of non-claimant parties (eg pastoralists, miners, local government and industry peak bodies) participate extensively in native title claims. However, given that the fundamentals of native title are settled, it is not necessary for non-claimant parties to litigate all stages of a legal matter where the law is not in dispute or their interests are already protected under the Native Title Act.
Any reforms to the existing arrangements for assistance to respondents will be directed towards improving the system, and promoting agreement making wherever possible.
What consultation was undertaken?
Consultation was undertaken between 23 November 2005 and 10 February 2006. The consultation draft of the guidelines was available on the Department’s web site. The consultation draft was also provided, with requests for comments, to peak bodies representing fishing, mining, local government and pastoral interests; legal practitioners; relevant Government agencies; and other stakeholders. Officers of the Department’s Legal Assistance Branch met with a number of peak bodies and legal representatives to discuss the proposed guidelines. The Department received 25 written submissions containing comment on the draft guidelines.
When do the revised Guidelines commence operation?
The Attorney-General approved revised Guidelines on 15 December 2006 and these Guidelines commenced on 1 January 2007.
