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Trustee interests: All interests involving trusteeship by the local government, or which gave rise to the rights or powers of management and control by the local government, in relation to land or waters in the claim area;

Section 87 of the Native Title Act empowers the Federal Court to make a consent determination where agreement about a claim is reached between the parties. Section 94A requires all determinations of native title, including consent determinations, to set out details of the matters mentioned in Section 225 (which defines determination of native title).

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:

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,

Native Title Report 2007 back to contents Appendix 10 Acronyms Entities AGM: annual general meeting AIATSIS: Australian Institute of Aboriginal and Torres Strait Islander Studies ALRC: Australian Law Reform Commission ASIC: Australian Securities and Investments Commission CDEP: community development employment project CERD: International Covenant on the Elimination of All Forms of Racial

1.1 That the Australian Government immediately appoint an independent person to conduct a comprehensive review of the whole native title system and report back to the Attorney-General by 30 June 2010. This review is to:

Native Title Reports 2007 Back to Contents Downloads in PDF Download the full report (8.22 MB) Chapters Native Title Report 2007 Book Cover (1.66 MB) Overview: Native title 15 years on (120 KB) Chapter 1 : Changes to the native title system (375 KB) Chapter 2 : Changes to the claims resolution process (551 KB) Chapter 3 : Changes to representative Indigenous bodies (337 KB) Chapter 4 :…

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

If a group’s traditional country is not in a mining area they escape the injury to country that mining represents but have little opportunity to really develop industry and commerce that could support their communities.1

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.

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…

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…

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.

Ngarda Civil and Mining (Ngarda) began its operation five years ago with six staff and six whipper-snippers. It is now a multi-million dollar Indigenous owned and operated business that provides contracting services to the mining and construction industries in four regions of the Pilbara.

In recent years there have been significant developments at the international level that impact upon the recognition and protection of the human rights of indigenous peoples. Most notably, there have been: i) reforms to the machinery of the United Nations (UN) and the emphasis given to human rights within that system; ii) the making of global commitments to action, through the Millennium…

This appendix provides an overview of the main events with regard to the administration of Indigenous affairs to 30 June 2006. It commences with a summary table and is followed by a detailed description of each event.

This appendix summarises the main findings from research and consultations conducted by the Human Rights and Equal Opportunity Commission between 2001 and 2006 that relate to family violence and abuse in Indigenous communities. The summary has also been published in a more detailed research paper prepared by the Social Justice Commissioner in 2006 entitled Ending family violence and abuse in…

This appendix contains the survey form that my Office compiled and sent to all Indigenous communities and organisations that had entered into a Shared Responsibility Agreement (SRA) with the federal government by 31 December 2005. By this date 108 SRAs had been finalised, and they involved 124 communities.

This Appendix reproduces materials approved by the United Nations General Assembly when establishing the Second International Decade of the World’s Indigenous People. It also extracts and briefly comments on the main provisions of the Program of Action for the Second Decade.

Social Justice Report 2006 Back to Contents Downloads Download the full report in PDF format (7.21 MB) Community Guide Chapters Introduction (PDF 649 KB) Chapter 1 (PDF 357 KB) Chapter 2 (PDF 1.37 MB) Chapter 3 (PDF 1.91 MB) Chapter 4 (PDF 1.24 MB) Appendix 1 (PDF 1 MB) Appendix 2 (PDF 382 KB) Appendix 3 (PDF 320 KB) Appendix 4 (PDF 314 KB)