What does the National Native Title Tribunal do?

The National Native Title Tribunal assists people to resolve native title issues. The Tribunal is an Australian Government agency set up under the Native Title Act 1993. The primary purpose of the Tribunal is the resolution of native title issues over land and waters.

The Tribunal is not a court and does not decide whether native title exists or not. Its main role is to bring people together so they can explore ways to reach agreements about native title. Working closely with communities across Australia, the Tribunal assists parties to resolve native title applications through mediation and make agreements that recognise everyone’s rights and interests in land and waters. It carries out these functions in an impartial and fair way, taking into account the views and concerns of everyone involved.

Mediation and arbitration

The Tribunal mediates native title claims under the direction of the Federal Court. During mediation, the parties meet to discuss the native title application. The aim is to reach agreement about whether or not native title exists, taking into account all of the parties’ rights and interests in the area covered by the application.

The Tribunal also assists in the negotiation of agreements, including those about proposed developments, such as mining (future acts).

Hundreds of agreements, including indigenous land use agreements, have been documented throughout Australia since the Tribunal was established in 1994.

When people cannot reach agreement about certain types of future acts (mostly those involving the grant of mining tenements), the Tribunal can also act as an arbitrator.

Mediation, arbitration and assistance with negotiations are conducted by the President and the other members of the Tribunal, who are all appointed by the Governor-General under the Native Title Act.

In addition to their roles in claim mediation, negotiation of agreements and future act arbitration, the members and employees of the Tribunal are an independent source of information about how native title processes work.

The Native Title Registrar

The Native Title Registrar works within the Tribunal but has several independent statutory responsibilities under the Native Title Act. One is to manage the Register of Native Title Claims, the National Native Title Register and the Register of Indigenous Land Use Agreements, all of which the public can access. The Registrar (or appointed delegate) is also responsible for:

• applying the registration test to native title claimant applications
• processing applications for the registration of indigenous land use agreements
• providing assistance to applicants and other people involved in native title proceedings, and
• notifying specified people, organisations and governments of native title applications and applications for the registration of indigenous land use agreements.

Tribunal offices are located in Adelaide, Brisbane, Cairns, Darwin, Melbourne, Perth and Sydney.

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This fact sheet is provided as general information only and should not be relied upon as legal advice for a particular matter.

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