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Major Projects
Applicants, Authorisation & Indigenous Decision-making
Project Overview
The role of applicants in the native title system is a pivotal
one. However, the power and responsibilities held by applicants
is managed and exercised differently across native title groups. This project will examine current appointment and management
practices and review some of the difficulties that have arisen in
the exercise of applicants powers, including complaints and legal
challenges to authorisation. The processes for ‘authorisation’ of
native title applications and agreements, is becoming a central
issue as more claims come to court and the sustainability of
agreements and PBC management hangs over all native title claimant
groups. Identification and support for sustainable
decision-making structures are underpinned by NTRB/NTS
certification and dispute resolution. This project will therefore
examine examples of Indigenous decision-making structures, both
traditional and contemporary, that have lead to successful
outcomes in authorisation/claim management, agreement making and
implementation, intra-Indigenous dispute resolution.
Project partners
Queensland
South Native Title Services: Ms Valerie Cooms, Queensland
South Native Title Services CEO and Tony Mc Avoy (barrister) to
examine authorisation and resolution of boundary overlap processes
implemented through the Queensland South Legal Services Strategic
Plan (LSSP) which provides the strategic framework for managing
native title claims in the region.
Authorisation resources
The Native Title Research Unit has developed a research
resource page addressing current
Authorisation Law. The resource is available through this
link. For a summary of relevant cases focusing on the issue of
authorisation
click here.
The NTRU has compiled a research resource page relating to
Authorisation Meetings. This resource examines how authorisation
meetings are organised, who authorises decisions, how decisions are
made and relevant case law
Publications
The NTRU has published a research monograph discussing the
authorisation and resolution of boundary overlap processes
implemented through the Queensland South Legal Services Strategic
Plan. It details not only the processes that have been adopted but
also relates the issues of the decision making process to the
historical context of the region. The paper also provides an
extensive account of how conflicts were resolved in order to
progress native title in the area.
Indigenous Facilitation and Mediation
Project
The Applicants, Authorisation & Indigenous Decision-making
research project incorporates learnings from the Indigenous
Facilitation and Mediation Project (IFaMP) and follows-up on many
of the issues raised by IFaMP.
IFaMP was
a three year research project (2003-2006)conducted by Ms Toni
Bauman, Visiting Research Fellow. The project conducted research,
ran workshops and produced publications and resources aimed at
developing appropriate approaches to Indigenous decision-making
and dispute management in native title. IFaMP also aimed to develop and promote shared understandings
and sets of standards for mediation and facilitation processes
amongst all native title stakeholders.
IFaMP was based within the Native Title Research Unit and was a
joint project established by the Office of Indigenous Policy
Coordination (OIPC) (formerly Aboriginal and Torres Strait
Islander Services), the National Native Title Tribunal and
AIATSIS.
IFaMP finished in
June 2006, however information and resources relating to the
project are available on the
IFaMP
website.
Decision-making and Dispute Management
Project
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