I am concerned that these major institutional changes to the native
title claim resolution process is being proposed in a Bill without significant argument having been advanced as to the need for these particular changes, or any analysis of the likely costs and benefits of these proposals.
Not exact matches
At this time, the announcement gives rise to more questions than answers — it is unclear how this proposed policy / legislative approach may impact existing negotiation or court
processes, or how this approach will lead to effective and just
resolution of
claims relating to Aboriginal rights and
title, Treaty rights and the
claims to the inherent right to self - government.
While I understand that third party respondent funding is being considered in other
processes of the Attorney - General's Native
Title Reform package, its impact on the
resolution of
claims should also be incorporated in strategies designed to improve the
process.
Without the support of one or more of the participants in the native
title process, comprehensive agreements as a mechanism for
claims resolution are unlikely to succeed.
The Court
processes of native
title provide an impartial and transparent mechanism for the
resolution of
claims.
[86] I share the view of my predecessor, Tom Calma, who observed in the 2007 Native
Title Report, that the «the design of the [native title] system, the way it operates, and the processes established under it» delays the resolution of native title cl
Title Report, that the «the design of the [native
title] system, the way it operates, and the processes established under it» delays the resolution of native title cl
title] system, the way it operates, and the
processes established under it» delays the
resolution of native
title cl
title claims.
While the
resolution of the native
title claim may be one element of the negotiation
process, the assessment model allows it to dominate the negotiation
process.
As I report in Chapter 1, some native
title representative bodies have welcomed the effective management and resolution of claims by the Federal Court since the Native Title (Amendment) Act in 2009, and others have remarked that the process to resolve claims has remained largely uncha
title representative bodies have welcomed the effective management and
resolution of
claims by the Federal Court since the Native
Title (Amendment) Act in 2009, and others have remarked that the process to resolve claims has remained largely uncha
Title (Amendment) Act in 2009, and others have remarked that the
process to resolve
claims has remained largely unchanged.
The CQ ILUA template provides for options on how native
title and cultural heritage issues may be resolved in the
claims resolution process and also provides for an innovative approach to future mediation through the introduction of «other outcomes».32
The current Bill proposes to change the
claims resolution process once again by giving the Federal Court the role of managing all native
title claims.
The
claims resolution process: An independent review of the
claims resolution process to consider how the tribunal and the Federal Court can work more effectively in managing and resolving native
title claims.
the
claims resolution process, including the powers of the National Native
Title Tribunal (the NNTT or the Tribunal), the Federal Court of Australia, and the relationship between the two
More focused guidelines may assist in streamlining the native
title process and ultimately facilitate the timely
resolution of
claims.
Other changes to the native
title system also impact on the
claims resolution process.
The
process by which native
title applications are resolved — referred to as the
claims resolution process in this report — was changed during 2007.
Third party respondents are sometimes perceived as seeking unreasonable outcomes in the native
title mediation
process, which can delay the
resolution of a
claim that may otherwise be agreed between the major parties.
The Tribunal has contended that any improvement to the
processes and practices of the Tribunal and the Federal Court will have a negligible effect on the
resolution of native
title claims by agreement if the parties to the proceedings are unwilling or unable to participate productively or in a timely manner.