Native title claims and negotiations
The Australian Government has an interest in ensuring that the Native Title Act 1993 is interpreted in a way that is consistent with the Australian Parliament's intentions. To this end, the Australian Government becomes a party to native title applications which involve claims for compensation, or include offshore sea areas or Australian Government property interests. The Native Title Unit is responsible for advising the Attorney-General on Australian Government participation in the mediation and litigation of native title claims.
As at 5 May 2008, the Australian Government was a party to about 145 native title applications of the approximately 560 applications lodged with the Federal Court. A number of the applications are actively being litigated before the Federal Court. Most of the remainder have been referred to the National Native Title Tribunal for mediation.
The Australian Government seeks to resolve matters through mediation, where possible. Most native title determination applications are mediated before the National Native Title Tribunal. If mediation is successful, a consent determination of native title may result. The Australian Government's involvement in mediation is governed by the following objectives:
- resolution of claims through negotiation rather than litigation, wherever possible
- adopting a flexible and creative approach to negotiations
- avoiding unduly narrow and legalistic approaches to negotiations
- achieving sustainable, long-term outcomes for communities
These objectives reflect the views of the Attorney-General, outlined in his speech to the Negotiating Native Title Forum in February 2008, that native title negotiations should not be caught up in technicalities, and can be the source of real and long-term outcomes for Indigenous people.
As at 5 May 2008, there were 109 determinations of native title. Seventy-four determinations found that native title exists in at least some of the determination area. Of the 109 determination decisions, 65 were consent determinations (mediated outcomes), 20 were litigated determinations and 24 were unopposed. The Australian Government has been a party to eight consent determinations and seven litigated determinations. A summary of Australian Government activity in native title can be found in the Attorney-General's Department annual reports.
Up-to-date details may be found on the National Native Title Tribunal website for native title applications and native title determinations (determinations by consent and litigation). Federal Court judgments may be found in the Australian Government Attorney-General's Department annual report.