Program 1.1 (cont'd): Native Title Tribunal
The Native Title Act 1993 (Cth) established the Native Title Tribunal as an independent body with a wide range of functions. The Native Title Act 1993 (Cth) is a special measure for the advancement and protection of Aboriginal peoples and Torres Strait Islanders and is intended to advance the process of reconciliation amongst all Australians.
The purpose of the Native Title Act 1993 (Cth) is to provide for the recognition and protection of native title, establish a mechanism for determining claims to native title, and establish ways in which future dealings affecting native title (future acts) may validly proceed.
The Native Title Registrar and the Tribunal have numerous functions and powers under the Native Title Act to meet that purpose. The Registrar is responsible for notifying new applications under section 61 of the Native Title Act 1993 (Cth) and Indigenous Land Use Agreements (ILUAs). Where applicable, the Registrar and their delegates must also apply the registration test to new and amended applications to ascertain whether those applications meet a threshold standard entitling them to future act procedural rights. The Registrar must also maintain various public registers of applications, determinations, and registered ILUAs.
The Tribunal (consisting of a President and three Members) has functions under the right to negotiate part of the future act regime and well as other facilitation, review, inquiry, and mediation functions.
Since 2021, the Tribunal can also provide post-determination assistance to common law Native Title holders and Registered Native Title Bodies to assist reaching agreement in relation to any ongoing native title matters.
The President is responsible for managing the administrative affairs of the Native Title Tribunal with the assistance of the CEO and Principal Registrar of the Federal Court, who has delegated most administrative powers to the Native Title Registrar.
Performance and key activities
Purpose
The purpose of the Native Title Tribunal is to perform the functions conferred upon it by the Native Title Act 1993 (Cth) in a manner that accords with section 109; that is, ethically, efficiently, economically, and courteously. One of the primary purposes of the Tribunal’s work is to facilitate reconciliation amongst all Australians, reflected in its’ new vision statement ‘A Reconciled Future – where Country thrives on recognised native title rights and respectful relationships’.
Guiding principles
- Facilitate protections and recognition of native title rights and interests pursuant to the Native Title Act 1993 (Cth).
- Improve the accessibility and quality of information to increase understanding of native title and the native title system.
- Enhance the delivery of services in a culturally appropriate manner.
- Continue to provide services that reflect an understanding of the current and evolving needs of stakeholders.
Key activities
For 2024–25 (and the outlook period through to 2028), the Listed Entity will provide support in respect of, or progress, the following key activities:
Table 3. Program 1.1 (cont) key activities, 2024–25 to 2027–28.
Key activities | 2024–25 | 2025–26 | 2026–27 | 2027–28 |
Review the inaugural 2020–21 Federal Court/ Native Title Tribunal Reconciliation Action Plan (RAP) and develop a revised Reflect RAP and ensure delivery according to embedded timeframes. | x | x | x | |
Develop a First Nations employment and retention strategy in conjunction with the Federal Court and Attorney-General’s Department portfolio and apply strategy. | x | x | x | x |
Review and develop a new document management system in conjunction with the Listed Entity to enhance document management and security systems and improve information accessibility and operational effectiveness. | x | x | x | |
Identify areas of service delivery where the use of technology can improve accessibility of information for Traditional Owners. | x | x | x | x |
Develop internal knowledge, capability, and culture to focus on service excellence and responsiveness to emerging needs and trends. | x | x | x | x |
Expand and update the online resources by continuing to assess the Tribunal’s website, products, and services. | x | x | x | x |
Continue to enhance and improve the NTV plus visualisation tool. | x | x | x | x |
Deliver tailored and culturally appropriate services in response to stakeholder feedback. | x | x | x | x |
Develop strategic partnerships with key stakeholders to focus resources for maximum educative and partnership impact. | x | x | x | x |
2024–25 significant initiatives
- Modernise the Native Title Tribunal website and information management system.
- Build the section 60AAA service to assist more common law holders and Prescribed Bodies Corporates make agreements and develop processes to measure the Tribunal contribution in the post-determination space.
- Contribute and drive the native title system capability initiative of the Commonwealth Native Title Coordination Committee, including by active participation in the working groups.
- Settle a Native Title Tribunal Stakeholder Engagement Strategy and related stakeholder project plans.
Performance measurement
Success will be measured through a variety of sources including the APS census results, anecdotal feedback from stakeholders, data from the section 60AAA reporting model, the design of which is itself a focus for 2024–25, statistical analysis of stakeholder engagement and assistance requests and actual products developed by the Commonwealth Native Title Coordination Committee.
Measures of success
- Enhanced hits to the Native Title Tribunal website to access information and resources.
- Maintenance of a user-friendly tool that supports the visualisation of native title by the public and number of access hits.
- High quality geospatial services compliant with industry standards.
- Enhanced and focused stakeholder engagement.
- Number of assistance requests and mediation/facilitations conducted.
- Number of information sessions and educative meetings convened by the Native Title Tribunal.
- Indigenous workforce development opportunities identified and championed.
- Native Title Tribunal staff equipped and motivated to achieve high-quality results.
- A flexible workforce aligned to work needs and demands.
