Where can you get help on native title?

Understanding the process

The native title process can be confusing when you first become involved and, for many people, there is a lot of new information to understand. For this reason, it may be a good idea to first seek assistance and advice because understanding the process will allow you to actively take part in resolving issues. The following information provides details of some organisations that may be able to assist you, and explains the sort of information they will be able to provide.

National Native Title Tribunal

The National Native Title Tribunal is an independent source of information and assistance for people involved or interested in native title matters. The Tribunal can provide details of native title applications and information about the native title process. The provision of assistance to people involved in the native title process is determined on a case by case basis. The Tribunal is not, however, a legal service and cannot give legal advice.

Federal Court of Australia

The Federal Court of Australia can also provide useful and practical information about parts of the native title process. The court manages and makes decisions about native title applications. The court also decides who should become involved as a party to a native title application so that they can have their say in mediation and, if necessary, in court. For information about the legal process and to obtain forms and details about fees payable, contact the Federal Court in your capital city.

Financial and legal assistance

People who are not native title claimants but are involved in native title matters may apply to the Commonwealth Attorney-General’s Department for financial assistance. The Attorney-General also offers assistance in developing standard form agreements in relation to Future Acts. Guidelines for the provision of assistance in native title cases are available at www.ag.gov.au or by calling the department on (02) 6250 6770.

Native title claimants can seek assistance from the Aboriginal/Torres Strait Islander Representative Body for their area. Contact details of representative bodies are available from the Tribunal or at www.ntrb.net.

Gathering information for a claimant application

The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) holds manuscripts (information that has been written down but not published), books, sound tapes, films, photographs and oral histories (recordings or written down copies of conversations and interviews with people) and lots of other material that may be useful for native title claimants.

Each state and territory in Australia has its own public library, archive and museum, and there are others throughout Australia.

Libraries are the best source of published information. Archives are places where official and personal records are held. In an archive, claimants might find records that government departments made about families.

Do you need more information?

Federal Court of Australia in your capital city (details listed in the telephone directory white pages or at www.fedcourt.gov.au)
Commonwealth Attorney-General’s Department Tel: (02) 6250 6666 or www.ag.gov.au

Please note that in addition to filing an application with the Federal Court, it is also possible to make a native title application under the Native Title Act 1993 to a recognised body. South Australia is currently the only state with its own recognised bodies to deal with native title matters. Native title applications may also be made under the common law to State and Territory Supreme Courts.

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