Refine results
-
14 December 2012Book page
Native Title Report 2003 : Chapter 4: Native Title and Agreement Making : a Comparative Study
The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit. -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human… -
14 December 2012Book page
Native Title Report 2003 : Native Title Report 2003 Summary
The Native Title Report 2003 evaluates native title as a framework for economic and social development for traditional owner groups. While the legal framework for native title restricts its capacity to improve economic and social conditions for Indigenous people, the Report recognises that the native title agreement-making process provides an invaluable opportunity for States and Territories to… -
14 December 2012Book page
Native Title Report 2003 : Chapter 1
Australia is a wealthy nation. In 2003, Australia ranked fourth in the United Nations Human Development Index (1) indicating Australians enjoyed one of the highest qualities of life in the world. Overall, Australia ranks equal fourth with the highest life expectancy at birth (79.0 years) suggesting Australians are among the healthiest people in the world. (2) -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012PublicationNative Title Reports
Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land. -
14 December 2012Book page
Native Title Report 2007: Chapter 3
It is crucial to the functioning of the native title system that there are organisations representing Indigenous people and assisting them to gain recognition and protection of native title. -
14 December 2012Book page
Native Title Report 2007: Chapter 11
While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development. -
Legal
14 December 2012WebpageSubmission - ‘Towards An Alternative Settlement Framework For Native Title’ (2006)
I welcome the Western Australian Government’s commitment to developing an Alternative Settlement Framework to resolve native title claims, following the standards of recognition and extinguishment set by the Yorta Yorta1 and Miriuwung Gajerrong2 decisions, respectively. I also note the Government’s commitment to a fair and just relationship between the Government and Aboriginal people… -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the…