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Commonwealth Connection Policy for Consent Determinations

Scope of Research Project

AIATSIS has been contracted by the Native Title Unit within the Social Inclusion Division of the Commonwealth Attorney-General’s Department to research the current status of law, policy, practice, and stakeholder attitudes about the ‘connection’ test when the Commonwealth enters as a respondent party into native title consent determinations. The project will also draw on best practice emerging from alternative settlement processes.

The purpose of this project is to inform the Commonwealth’s future policy position on native title connection in its role as a respondent party to native title claims being resolved through consent determinations. As a result of this research, AIATSIS provided a draft final report containing options and recommendations to the Attorney-General’s Department in November 2011. The Terms of Reference for the project are available here.

AIATSIS will circulate a revised draft to project participants ahead of finalisation in 2012.

Written submissions

An important part of this project was to ascertain the views of key native title stakeholders in the process, in relation to current policy and practice as well as future directions. AIATSIS invited written submissions from stakeholders on:

A more detailed set of questions is available here

The deadline for lodging submissions was 10 September 2011.

Written submissions were received from the following organisations. Click on an organisation’s name below to read the full submission:

Consultations

AIATSIS conducted consultations in-person and by telephone with native title representative bodies, State and Territory governments, Commonwealth government departments, the Federal Court of Australia, the National Native Title Tribunal, the National Native Title Council, barristers, anthropologists, and other stakeholders.

For more information, please contact Nick Duff at nick.duff@aiatsis.gov.au or on (02) 6246 1160.