find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Government responds to native title report

Government responds to native title report

THE FEDERAL Government has refused recommendations on native title representative bodies (NTRBs) that would oblige it to consider independent advice in some circumstances, alter eligibility for…

THE FEDERAL Government has refused recommendations on native title representative bodies (NTRBs) that would oblige it to consider independent advice in some circumstances, alter eligibility for financial assistance and review the allocation of operational funding.

The Government issued its response last week to the Parliamentary Joint Committee (PJC) report on native title and the Aboriginal and Torres Strait Islander land account on the operation of NTRBs, which was completed March 2006.

Of the 19 recommendations made by the PJC, two were not accepted by the Government, and one was not accepted at this stage.

Rejected by the Government was the recommendation that “the Commonwealth establish an independent advisory panel to advise the Minister on the re-recognition of NTRBs once their recognition period has expired”.

The Government said this recommendation would not assist the aim of current reforms, which is to improve efficiency. It also said it is not obliged to consider independent advice on NTRB recognition decisions, though proposed reforms would already compel the Minister to make these decisions more frequently.

According to the Government, the crucial issue for the Minister to consider is “whether an NTRB has satisfactorily performed and would be capable of satisfactorily performing NTRB functions”.

“OIPC (Office of Indigenous Policy Coordination) holds substantial amounts of information relevant to these criteria and its staff have practical experience in gauging whether they have been met.”

In regard to the 2006 amended guidelines of the financial assistance provisions of the Native Title Act 1993, the PJC requested that non-litigious resolutions to native title disputes be encouraged, along with making “eligibility for assistance … subject to means testing along similar lines to those applying for grants of legal aid”.

Although the Government also encouraged agreement making over litigation to resolve disputes, it did not accept the PJC proposal for means testing.

“At present an applicant’s financial circumstances are assessed when determining the reasonableness of making a grant of financial assistance,” the response said.

“Under the consultation draft guidelines, evaluation of financial circumstances would continue to apply where an individual applies for assistance and is not represented by a peak body. As a condition of a grant of financial assistance an applicant may also be required to make a contribution to the total matter costs.”

Publicly listed companies are regarded by the Government as having “sufficient financial resources not to receive assistance”.

Not accepted at this stage was a proposal by the PJC “that the Commonwealth immediately review the level of operational funding provided to NTRBs to ensure that they are adequately resourced and reasonably able to meet their performance standards and fulfil their statutory functions”.

The Government blamed insufficient capacity rather than funding on poor NTRB performances.

“The Australian Government considers that any deficiencies in performance result primarily from a lack of NTRB capacity, rather than a lack of funding,” it said.

“NTRB capacity is being specifically addressed through the Performance Enhancement Program (PEP) and by the current legislative reform proposals, which aim to achieve greater levels of NTRB accountability, responsiveness and efficiency.”

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Government responds to native title report
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...