Native title system coordination and consultation

• Consultation with State and Territory Governments
• The Native Title Coordination Committee
• Native Title Consultative Forum
• Native Title Payments Working Group

The Australian Government Attorney-General’s Department manages a range of consultation and coordination mechanisms within the native title system, including the Native Title Coordination Committee and the Native Title Consultative Forum.

The Native Title Coordination Committee

The Native Title Coordination Committee is made up of representatives from

• Australian Government Attorney-General's Department
• Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA)
• Federal Court, and
• National Native Title Tribunal.

The purpose of the Committee is to monitor, regularly review and advise the Australian Government on the native title system, and the achievement of the Australian Government’s native title objectives, as well as to make recommendations to Ministers on the resourcing of the native title system.

Native Title Consultative Forum

The Native Title Consultative Forum comprises representatives from:

• the Australian Government Attorney-General's Department
• FaHCSIA
• Federal Court
• National Native Title Tribunal
• State and Territory governments
• Native Title Representative Bodies
• Australian Human Rights Commission, and
• local government, pastoral, fishing, mining and petroleum industries.

The Forum provides an opportunity to share information about the operation of the native title system, by drawing from the extensive experience of its members.  From an Australian Government perspective, the Forum enables a broad range of views to be considered in policy formulation.

Native Title Payments Working Group

The Hon Robert McClelland MP and Hon Jenny Macklin MP convened a Native Title Payments Working Group to advise the Government on how to make better use of payments under mining and infrastructure agreements. The terms of reference were to develop tangible suggestions for ensuring that benefits accruing to Indigenous communities under native title agreements contribute to addressing the economic and social disadvantage facing current and future generations.

The Working Group comprised experts from the Indigenous community, mining, academia and the legal profession. 

The report of the Working Group made 12 recommendations, including changes to taxation arrangements, sharing examples of best practice agreements, and giving guidance and assistance to parties involved in negotiations.

On 8 December 2008, the Australian Government published its Discussion Paper that canvassed legislative and non-legislative proposals for optimising benefits from native title agreements with the mining industry.

Public information sessions were held nationally in December 2008 and January 2009.

A total of 40 written submissions were received. The proposals from industry, Indigenous organisations, governments and academics covered transparency and workability of agreements, promotion of best practice, tax options and statutory schemes.

The report of the Working Group on Native Title Payments and the submissions on the Australian Government Discussion Paper are informing further work in this area in a number of Government agencies.