Major Projects
Connection Requirements
Project Overview
During 2005-2006 the NTRU investigated available policy
material and gathered qualitative information about state
connection requirements through intensive interviews with a wide
range of native title stakeholders. The confidential report
arising from this research was circulated to stakeholders and
prompted the establishment of a research partnership between the
NTRU and National Native Title Tribunal (NNTT) to pursue issues of
policy and practice. The NTRU and NNTT agreed to coordinate a
workshop for State parties and native title representative bodies
to examine how processes for the assessment of connection in
native title may be improved.
Project Partner
National
Native Title Tribunal: to co-convene the Getting Outcomes
Sooner Workshop.
Connection Requirements: An
Introduction
An overview of the native title process and connection
requirements is provided in Appendix 2 of the
Getting Outcomes Sooner: Report on a native title connection
workshop (see below).
Getting Outcomes Sooner: A Workshop on
Native Title Connection
From 24 to 26 July 2007, the Native
Title Research Unit and the National Native Title Tribunal (NNTT)
co-convened a workshop in the Barossa Valley in South Australia to
discuss ways of getting better outcomes from native title connection
processes.
The Getting Outcomes Sooner workshop
focussed on issues in processing connection with the aim of
identifying best practice approaches and exploring options for
reaching agreement faster and more efficiently without compromising
common law standards. The workshop aimed to identify how to improve
the current system of connection research and assessment with more
inventive and constructive models for settling matters of native
title proof within mediation.
A balance of research, legal and
government policy skills and experience was sought by organisers in
determining attendance at the workshop which was attended by around
40 participants. Participants included two representatives from
each State or Territory, representatives of the Federal Court, the
Attorney-General’s native title branch, Native Title Representative
Bodies (NTRBs) and Native Title Service Providers (NTSPs) from
across the country, and independent barristers and consultant
researchers. Workshop participants were asked to attend as
technically-informed experts with an open mind, rather than as
spokespersons for particular institutional viewpoints.
Participants were allocated to one of
four groups in which discussion was facilitated by NNTT members,
John Catlin, Gaye Sculthorpe, Dan O’Dea and Graham Fletcher. Groups
reported back to the plenary at the end of each session in power
point presentations, the notes of which have been circulated to
participants.
Feedback showed that a number of
participants found considerable value in networking, meeting face to
face with State or Territory representatives in a relaxed forum and
learning from the processes which are employed in other State or
Territory jurisdictions. Some have already modified their work
practices and others capitalised on the opportunities for dialogue
with peers. Others were disappointed at the seeming lack of capacity
of participants to be innovative and look to ways of doing things
differently.
A recurring theme that emerged during
the workshop was the need for connection processes to be scoped with
all parties at the commencement of mediation processes and managed
by an independent third party NNTT member. Another recurring theme
was the need for building relationships between those involved in
connection processes whilst acknowledging power differentials
between State and Territory representatives and NTRBs/NTSPs
representing the applicants.
Notes on the power point presentations
that were made in plenary sessions at the workshop are available on
request from
toni.bauman@aiatsis.gov.au. A report on the workshop has been
completed.
Download Workshop Report:
§
Rita Farrell, John Catlin and Toni Bauman (2007)
Getting Outcomes Sooner: Report on a native title connection
workshop Barossa Valley July 2007 (PDF format 490KB).
Reading List
The NTRU has prepared a Reading List of
material relevant to connection requirements. Where available the
list includes hyperlinks to material including: submissions to
government inquiries, reports of government inquiries, on-line
publications and presentations from the national Native Title
Conference.
Download Reading List
State
Connection Requirements
Information about current state and territory connection
requirements is summarised in Appendix 3 of the
Getting Outcomes Sooner: Report on a native title connection
workshop (see above). Some jurisdictions have Connection
Guidelines available online, links to these documents are provided
below, where available.
Queensland
South Australia
Western Australia
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