Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Claims Resolution Review

What is the Claims Resolution Review?

The Claims Resolution Review was established by the Attorney-General to consider the process by which native title applications are resolved. The Review examined the roles of the National Native Title Tribunal (NNTT) and the Federal Court and considered measures for the more efficient management of native title claims within the existing framework of the Native Title Act 1993.

Who conducted the Claims Resolution Review?

The Attorney-General appointed two independent consultants, Mr Graham Hiley QC and Dr Ken Levy RFD, to undertake the Claims Resolution Review. Mr Hiley is a Queens Counsel with extensive experience in native title and Aboriginal land rights law. Dr Levy is currently a part-time member of the Administrative Appeals Tribunal and was previously the Director-General of the Queensland Department of Justice. 

The consultants were overseen by a Steering Committee comprising a member of the NNTT, the Registrar of the Federal Court, an officer of the Australian Government Attorney-General's Department and an officer of the then Office of Indigenous Policy Coordination.

When was the Claims Resolution Review completed?

The Claims Resolution Review commenced in October 2005. The consultants provided their report to the Attorney-General on 31 March 2006. The Government released the Report of the Claims Resolution Review and the Government response to the Claims Resolution Review on 21 August 2006.

Was there public consultation about the Claims Resolution Review?

The consultants undertook extensive consultation with a broad range of native title stakeholders, including the Native Title Representative Bodies, State and Territory governments and respondent bodies, including industry and pastoral representatives. 

Written submissions to the Review were also invited. The closing date for submissions was 1 December 2005. The consultants considered 36 written submissions to the Review. A list of persons and bodies who made written submissions to the Review is available below.

Native Title Amendment Act 2007

The Native Title Amendment Act 2007 was passed by Parliament on 28 March 2007. Most of the provisions in the Act came into force on Royal Assent (15 April 2007). The Act includes measures to implement the Government’s response to the Claims Resolution Review. The Act also includes measures to:

  • improve the effectiveness of the Native Title Representative Bodies
  • implement two of the recommendations from the Report on the Structures and Processes of Prescribed Bodies Corporate, and
  • amend the scope of the respondent funding scheme.

The Attorney-General has approved a set of guidelines for mediation in the National Native Title Tribunal. The guidelines set out principles of good practice and standards of behaviour, and complement the new requirement in the Native Title Act 1993 for parties and their representatives to act in good faith in relation to the conduct of a mediation. The guidelines and good faith provision were recommended by the Claims Resolution Review.

Other recommendations made by the Claims Resolution Review will be implemented administratively, including by the Federal Court and the NNTT.

Submissions to the Claims Resolution Review

Robert Blowes SC
Combined Small-Scale Miners Associations of Australia  
B A Keon-Cohen
Allens Arthur Robinson
National Native Title Tribunal
Aboriginal Legal Rights Movement
Australian Government Solicitor
South West Land and Sea Council
Legal Services—Solicitor for the Northern Territory
New South Wales Department of Lands
Arnold Bloch Leibler
Pastoralists and Graziers Association of Western Australia
Intergovernmental Committee on Survey and Mapping
Native Title Services Victoria
Goldfields Land and Sea Council
Rio Tinto
Local Government Association of Queensland
National Farmers Federation
Kimberley Land Council
Telstra Corporation Limited
Gurang Land Council
Australian Institute for Aboriginal and Torres Strait Islander Studies
Minerals Council of Australia
Justice Mansfield
Western Australian Fishing Industry Council
South Australia Crown Solicitor’s Office
Justice French
Warwick Soden
Daniel Lavery
Carpentaria Land Council Aboriginal Corporation
Torres Strait Regional Authority
Law Council of Australia
Rosemary Craddock
Deputy Premier, Western Australia
Ergon Energy Corporation Limited
Aboriginal and Torres Strait Islander Social Justice Commissioner