While the Federal Court is responsible for the case management of native title applications, the Tribunal may be requested or directed to conduct reviews or inquiries in relation to a particular matter or issue relating to native title.

Review on whether there are native title rights and interests

​The Federal Court may refer to the Tribunal, reviews on whether a native title claim group holds native title rights and interests in relation to land or waters within the area that is covered by the claim.

This referral may be made by the Court’s own motion or a person conducting mediation in relation to the claim, may request the Court refer the issue for review by the Tribunal. Following the review, a written report will be prepared setting out the Tribunal’s findings.

Inquiries

Special inquiry

​The Commonwealth Minister may direct the Tribunal to hold an inquiry in relation to a particular matter or issue relating to native title. The inquiry may be in relation to:

• the effect of the validation of particular past acts or intermediate period acts;
• alternative forms of compensation that could be provided in relation to acts under the Native Title Act;
• action that could be taken to assist Aboriginal peoples and Torres Strait Islanders where native title has been extinguished.

The Registrar must notify the public about the special inquiry.

Native title application inquiry

The Federal Court may also direct the Tribunal to hold an inquiry into a matter or issue relevant to the determination of native title. The inquiry may relate to more than one native title application.

The Tribunal will give notice to certain persons or bodies before commencing such inquiry.