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

The National Native Title Council (NNTC) is putting its weight behind the amendment to the Native Title Bill moved by Independent MP Robert Oakeshot. The Bill is currently before Federal Parliament.  

The amendment was recommended by Chief Justice RS French in his recent Law Reform Journal article and would shift the burden of proof about connection to country from native title claimants to respondents to claims, particularly government. Unless respondents challenge people’s native title rights and interests they would be presumed to exist.  

“We strongly urge the Federal Government to embrace the amendment and incorporate this change in its proposed Native Title Act amendments”, said NNTC Chairperson Brian Wyatt .  

“Shifting the burden of proof from native title claimants would help alleviate the financial and psychological hardship for traditional land owners.  

“Such a change is long overdue. Native Title Representative Bodies and Service Providers have been calling for it for a long time.  

“It borders on the ridiculous that Aboriginal people should have to prove to any court that they are the traditional owners of any part of Australia and that connection to their traditional land is culturally significant and ongoing.  

“Shifting the burden of proof would bring a quicker resolution to claims and shift the focus from expensive and protracted litigation to negotiated settlements.  The current system is very wasteful of everyone’s time and money and extremely frustrating for Aboriginal people, and must be changed,” Mr Wyatt said.