DISCUSSION PAPER EXPLORES POSSIBLE IMPROVEMENTS TO NATIVE TITLE SYSTEM

Attorney-General Robert McClelland today released a discussion paper on possible minor amendments to the Native Title Act 1993 to encourage more negotiated settlements of native title claims.

The minor amendments will complement the institutional change announced by the Attorney-General in October which will see the Federal Court of Australia assume a central role in managing all claims.

“The Act already allows parties to achieve significant native title outcomes. These proposals explore targeted amendments that encourage more negotiated settlements and produce broad benefits to Indigenous people and certainty to stakeholders,” Mr McClelland said.

“I welcome all views on the discussion paper. I also encourage other suggestions about how the Act could be changed to improve the operation of the native title system.”

The discussion paper explores possible amendments to enable the Federal Court to rely on a statement of facts agreed between parties, enable the Court to make determinations that cover matters beyond native title, improve native title representative body provisions and allow the Court to use recent changes in evidence laws to improve native title outcomes.

Legislation will be introduced to Parliament next year to implement the institutional change and the changes that result from submissions on this discussion paper.

Submissions are due to the Attorney-General’s Department by 16 February 2009.

This discussion paper is available at http://www.ag.gov.au/.