
The processes for ‘authorisation’ of native title applications and agreements is becoming a central issue. Identification and support for sustainable decision-making structures are underpinned by Native Title Representative Body (NTSB) and Native Title Service Provider (NTSP) certification and dispute resolution. This project examined examples of Indigenous decision-making structures, both traditional and contemporary, that have lead to successful outcomes in authorisation/claim management, agreement making and implementation and intra-Indigenous dispute resolution.
The Native Title Research Unit has compiled resources addressing authorisation law:
Describes the legal elements of authorisation in relation to the 1998 and 2007 amendments to the Native Title Act 1993 (Cth). Provides a list of relevent reading for understanding authorisation law.
Provides summaries of authorisation cases. Describes, where relevent, the major facts of each case and the significant points of law that have been developed. Covers cases from 1999 to 2008.
The 1998 amendments to the Native Title Act 1993 (Cth) requires, as specified in section 62, that native title or compensation applications are made by person/s that can demonstrate that they are authorised to make the application by all members of the native title claim group. This document provides an overview of how authorisation meetings are organised; who authorises decisions; and how decisions are made.