This media statement is listed on behalf of the National Native Title Council of which the GLSC is a member

The NNTC wants the native title process overhauled to give Aboriginal people a better chance of having connection to their traditional lands recognised, thereby achieving stronger protection of their law and customs and quicker attainment of economic independence.  

“The spirit of the initial Mabo decision has been lost in a tangled web of legalese, with all its attendant costs and delays,” said NNTC Chairperson Brian Wyatt.  

In a submission to the Federal Government’s review of native title the NTTC welcomed the new directions already outlined by the Attorney General and Minister for Indigenous Affairs and identified four policy priorities for making the system work better:

1.                  A National Policy Framework for settling native title by agreement

2.                  Improving native title processes and outcomes;

3.                  Maximising economic outcomes from native title agreements; and

4.                  Acknowledgement of the changed role of Native Title Representative Bodies (NTRBs) and Native Title Service providers (NTSs) and better resourcing.  

“A framework that gives all parties the incentive to accept negotiation of claims as best practice, not litigation, is urgently required if delays and costs are to be significantly reduced.  

“The existence of Section 223 of the Native Title Act must be reviewed. As it is, it is discriminatory, setting an unprecedented onus of proof on Aboriginal people with regard to connection to their traditional lands.  

“People are often required to provide the courts with the impossible – written evidence of pre-settlement connection when there were no records kept. Judges must also be allowed to accept the testimony of Aboriginal witnesses as factual evidence.  

“The Commonwealth must take the lead in establishing the new policy framework and delivery of change on the ground.  

“There were significant differences between what ministers in the previous government said and what Commonwealth legal counsel in native title negotiation and mediation proceedings did. Everyone would benefit from the actions of the Commonwealth’s legal counsel mirroring the conciliatory tone of the new Federal Government.  

“We propose that the NNTC and Commonwealth and State/Territory governments work closely together to expedite the processing of individual claims by identifying and overcoming blockages.”  

“Native title bodies remain the major work horses in the current system and the Government’s only viable conduit to the people for whom the Native Title Act was primarily established. The views and experience of these bodies have thus far been undervalued by the Commonwealth.”  

The NNTC wants the changed role of NTRBs and NTSs acknowledged with matching funding.  

“We concur with assessments by both the Government and industry that the resourcing of the native title bodies is a mismatch with their responsibilities. 

“The bodies’ funding crisis has forced brutal prioritisation of their work, causing legitimate dissatisfaction from claimants, courts and respondents about the limited number of claims that are being progressed.”  

While resources have been diminishing, NTRBs/NTSs’ responsibilities have been steadily increasing to include such things as heritage management and conservation; taxation, trusts and corporate design, and the management and distribution of benefits; and program development.  

The NTTC noted Government concerns regarding management of native title benefits but insists that the principles underlying national laws and international covenants, such as the UN Declaration on the Rights of Indigenous Peoples, are adhered to.  

“It is imperative that native title holders’ ability to take responsibility for themselves and to make decisions that affect their own lives be enhanced and maintained, not diminished,” Mr Wyatt said.  

A copy of the NNTC submission to the Commonwealth is attached.  

Media contact:   Brian Wyatt  0417 970413; David Berry 0417 963089