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Alienate: 1. To dispose of, often used in relation to an interest in land. Alienation may be formal (such as by grant or conveyance), informal and involuntary (such as compulsory acquisition by the state). 2. To sell, lease or otherwise dispose of under the Crown lands Acts or any other Act relating to alienation of Crown land: (NSW) Crown Lands Act 199 s.172(1). See also Acquisition; Conveyance;…

The Native Title Report 2004 shows how native title can be oriented to sustainable economic and social development outcomes and presents five principles to guide the native title system to this end.

Between 1 July 2008 and 30 June 2009, twelve determinations of native title were made by the Federal Court. Ten of these were made by consent, one was unopposed and one was litigated.[1]

Throughout Australia’s history the relationship between the mining industry and Indigenous peoples has been less than harmonious. The drive for resources has seen the rights and interests of Indigenous peoples sacrificed in favour of economic growth. While many problems still remain today, there is evidence of a recent shift in the attitude of mining interests towards neighbouring Indigenous…

‘CATSI’ is an acronym for the Commonwealth’s Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), which came into effect on 1 July 2007. The Act ‘primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander Corporations’. It replaces the Aboriginal Councils and Associations Act 1976 (Cth) (the ACA Act).

[1] Information in this Appendix is a collation of extracts from responses provided by various Federal, State and Territory Government Departments in Correspondence to T Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Human Rights and Equal Opportunity Commission, for the Native Title Report 2008.

In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people.

These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples.

The Indigenous Land Use Agreement (ILUA) and Argyle Management Plan Agreement (AMPA) together are arguably the most comprehensive arrangements ever made between a resource company and traditional owners negotiated in Australia. They are the result of one of the most comprehensive agreement processes undertaken with traditional owners.

The Yankunytjatjara and Pitjantjatjara and other Indigenous people of the town of Yulara, in the shadows of Uluru, had their claim for compensation for extinguishment of native title rejected by Justice Sackville in the Federal Court (the Jango case)1in 2006. The Noongar people (the Noongar case)2 had their claim for native title over the metropolitan area of Perth upheld. Further north, around…

Appendix 2 summarises information from a 2006 HREOC survey of the seven Australian Government departments and two statutory authorities with responsibility to administer the 33 national Indigenous economic development programs. Information from the 33 programs is for the 2005 – 2006 period.

The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the following people and organisations for their assistance in preparing the Native Title Report 2011.

The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the following people and organisations for their assistance in preparing the Native Title Report 2010.

In most states and territories of Australia, Indigenous Land Use Agreements (ILUAs) are negotiated on a case by case basis between the relevant parties, usually traditional owners, governments and industry groups. South Australia however, has taken a more comprehensive approach to these agreements. The South Australian Government, Indigenous traditional land owners and industry stakeholders have…

A special measure is an exception to the general rule that all racial groups must be treated the same. Special measures are permitted by section 8(1) of the Racial Discrimination Act 1975. Section 8(1) implements Articles 1(4) and 2(2) of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), as follows:

This is my third Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. This year I continue the theme from my previous Reports by focusing on land tenure and economic reform on Indigenous communal lands.1

A key priority throughout my five year term as Social Justice Commissioner is to strengthen and rebuild relationships within our Aboriginal and Torres Strait Islander communities.

That targeted research is undertaken to develop the evidence base and tools to address lateral violence as it relates to the native title system. This research should be supported by the Australian Government.

Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,