Native title reform

As part of the Australian Government's Practical reforms to deliver better outcomes in native title, the Claims Resolution Review component has been completed, and the technical amendments to the Native Title Act 1993 have commenced.

Claims Resolution Review

The review examined the roles of the National Native Title Tribunal and the Federal Court and considered measures for the more efficient management of native title claims.

The resultant Native Title Amendment Bill 2006 was introduced into the Australian Parliament on 7 December 2006. As part of the progression through the Australian Parliament the bill was referred to the Legal and Constitutional Affairs Committee for inquiry.

The National Native Title Tribunal participated in the public hearing and provided the committee with a submission (pdf 688kb) to address some of the issues raised in written submissions and oral evidence. The committee reported on 23 February 2007.

The bill was passed by Parliament on 28 March 2007, and received Royal Assent on 15 April 2007 and is now the Native Title Amendment Act 2007.

Technical amendments to the Native Title Act

On 29 March 2007, the Native Title Amendment (Technical Amendments) Bill 2007 was introduced into the House of Representatives by the Attorney-General. He presented an explanatory memorandum to the bill.

The bill was referred to the Legal and Constitutional Affairs Committee for enquiry. The National Native Title Tribunal participated in the public hearing on 2 May 2007 and provided the committee with a submission (pdf 129kb). The report of the committee was tabled on 9 May 2007.

Debate continued on the bill on Thursday 10 May 2007. The Labor Party indicated its general support for the bill and foreshadowed moving some amendments in the Senate. The special Minister of State on behalf of the Attorney-General noted that the Legal and Constitutional Affairs Committee had made several recommendations in its report. The Government would be carefully considering those recommendations, and any government amendments resulting from the committee's recommendations will be made in the Senate.

The bill was introduced into the Senate on 12 June 2007 and passed in the Senate with amendments on 13 June 2007. The bill was returned to the House of Representatives which considered and agreed to the amendments on 20 June 2007. The amendments received Royal Assent on 20 July 2007. The Governor-General of Australia, Philip Michael Jeffery, has set 1 September 2007 for the commencement of many of the amendments contained in the Native Title Amendment (Technical Amendments) Act 2007. While some changes occurred in April and July, the majority of the amendments relevant to the Tribunal are scheduled to commence in September. Amendments in relation to fees that may be imposed by registered native title bodies corporate will commence on 1 July 2008.

Resources:

For definitions of specific native title words and terms see the Glossary.