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This report is a brief summary of the observations made by the Human Rights Commissioner and staff of the Australian Human Rights Commission (the Commission). These summary notes and recommendations are based on what we personally observed and heard from staff and detainees during our immigration detention facility inspections.

The following notes are a brief summary of the observations made by the Human Rights and Equal Opportunity Commission’s (HREOC) President, Human Rights Commissioner and staff. HREOC emphasises that these summary notes and recommendations are based solely on what we personally observed and heard from staff and detainees during our visits.

[1] T Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Native Title Report 2009, Australian Human Rights Commission (2009), p xv. At http://www.humanrights.gov.au/social_justice/nt_report/ntreport09/index.html (viewed 19 November 2010).

a preliminary assessment of the likely economic, social, cultural and environmental impact, including potential risks and fair and equitable benefit-sharing in a context that respects the precautionary principle

In all cases, States should engage in ‘[a] good faith effort towards consensual decision-making’.[2] Consultation processes should therefore be framed ‘in order to make every effort to build consensus on the part of all concerned’.[3]

The position of the Aboriginal and Torres Strait Islander Social Justice Commissioner was established in 1993. The office of the Social Justice Commissioner is located within the Australian Human Rights Commission.

Native Title Reports 2010 Back to Contents Downloads in PDF and Word Download the full report in PDF [2 MB] Download the full report in Word [3 MB] Chapters The report overview: The challenges ahead PDF | Word Chapter 1: Working together in ‘a spirit of partnership and mutual respect’: My native title priorities PDF | Word Chapter 2: ‘The basis for a strengthened partnership’: Reforms related to ...

This is my sixth and final Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. This Report covers the period 1 July 2008 – 30 June 2009.

The reporting period for this Report is 1 July 2008 to 30 June 2009. Throughout this period, there was significantly more activity in native title law and policy than I witnessed in the first five years of my term as the Aboriginal and Torres Strait Islander Social Justice Commissioner.

Despite the High Court’s landmark decision, Australian courts, governments and non-Indigenous people have struggled to accept fully the rights of Indigenous peoples to their lands, waters and territories. In successive court decisions, our cultures have been viewed through a non-Indigenous lens, with our rights separated and eliminated one by one.

In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act).

During the reporting period, Australian governments continued to develop tenure reform policies for Indigenous land. Governments frequently describe these policies as a means of promoting home ownership and economic development on Indigenous land. The reality is not so simple.

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]

NSW*: 2 under section 190F(6) and 1 non-compliance QLD**: 5 under section 190F(6) of the Native Title Act 1993 (Cth) 5 non-compliance 1 under section 84D of the Native Title Act 1993 (Cth)

[1] The following guidelines are adapted from Human Rights and Equal Opportunity Commission and United Nations Permanent Forum on Indigenous Issues, Engaging the Marginalised: Partnerships between indigenous peoples, governments and civil society, 15 August 2005 (2005), at http://www.humanrights.gov.au/social_justice/conference/engaging_communities/index.html#link2 (viewed 23 November 2009); Australian Human Rights Commission, Draft guidelines for ensuring income management are compliant with the Racial Discrimination Act (2009), at http://www.humanrights.gov.au/word/race_discrim/RDA_income_ma

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,