Speech for Swearing in Ceremony for Kevin Smith as President of the National Native Title Tribunal

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On behalf of the Chief Justice and the judges of the Federal Court of Australia, I welcome all of you to this important occasion, the swearing in of Kevin Smith as President of the National Native Title Tribunal.

The preamble to the Native Title Act 1993 (Cth) recognises that the Aboriginal and Torres Strait Islander peoples have been the inhabitants of Australia since long before European settlement, and that the special measures contained in the Act are intended to rectify the consequences of past injustices. The Federal Court and the National Native Title Tribunal are important components of the administration of justice under the Native Title Act. As such, it is right and appropriate to acknowledge the traditional owners of the land on which the Court and the Tribunal sit.

It is particularly fitting that the new President is a Torres Strait Islander man. His family originated from Ugar, or Stephen Island, the outermost island of the Torres Straits.

The position of President of the National Native Title Tribunal is one of great significance and importance in the federal legal system. The Tribunal has a range of functions under the Native Title Act, including conducting reviews and inquiries making determinations and providing mediation, assistance and research services. The role of the President includes managing the business of the Tribunal, allocating its duties, functions and powers and exercising its arbitral, mediation and educational functions. It is a position that requires, not only considerable legal ability, but great organisational and administrative skill.

The importance of the position is reflected the calibre and eminence of the persons who have been appointed to it. President Smith is the sixth President of the Tribunal. The first President was the Honourable Deirdre O’Connor. The second was the Honourable Robert French AC. The third was Graeme Neate AM, about whom I will say more. The fourth was Raelene Webb KC. The fifth and most recent President was the Honourable John Dowsett AM KC.

I particularly want to mention Graeme Neate, who sadly passed away on 17 June 2023. Graeme served on the Tribunal for 17 years, including 14 years as its President. He made an enormous contribution to the development and administration of native title law in Australia. We are privileged to have known him.

What President Smith shares with Graeme Neate, and with every previous President of the Tribunal, are qualities of great intellect, compassion and vision.

President Smith grew up in Townsville before coming to Brisbane to study in 1983. His involvement with the law began in January 1987. I remember the day well because we started our legal careers together, working as law clerks for the firm of Paul Richards and Associates. It was a firm that did civil and criminal work, predominantly for Aboriginal and Torres Strait Islander people. Tony McAvoy, now Tony McAvoy SC, was our senior articled clerk. Even more senior than Tony was Kevin’s formidable elder sister, Catherine Pirie, who went on to have lengthy and distinguished career as a Magistrate.

What we had in common was that we were all outsiders to the, at times, hostile legal system of Queensland in the 1980s. To survive in that environment, we had to forge a close bond and develop certain reservoirs of courage and resilience. Our paths in the law were made possible by a great lawyer, Paul Richards, who was our friend, teacher and mentor. I think that collectively, quietly and without fuss, we ran some great cases and achieved some remarkable outcomes for Indigenous and non-Indigenous people who may not have otherwise been able to obtain legal representation.

In one of Kevin’s matters, he acted for the poet Kath Walker when she changed her name by deed poll to Oodgeroo Noonuccal. That was met with loud consternation from some sections of the media, but marked an important turning point for Indigenous people in proudly reclaiming their heritage.

President Smith went on to have a distinguished career as a lawyer and as an administrator of legal organisations.

After his admission, President Smith became the National Executive Officer and Corporate Officer of the National Secretariat of Torres Strait Islander Organisations. He then worked as a lawyer at the Aboriginal and Torres Strait Islander Legal Service in Queensland, before becoming its Chief Executive Officer.

President Smith became the Queensland State Manager of the National Native Title Tribunal for six years, so that his appointment as President is something of a homecoming for him.

President Smith became the Chief Executive Officer of Queensland South Native Title Services in 2008, where he remained until his recent appointment. Under his leadership, QSNTS achieved the first determination of native title in southern Queensland — for the Quandamooka People — and has achieved numerous positive determinations and other successes since then.

From 2009, President Smith served as a director of the National Native Title Council, the peak body for representative bodies and native title claimants, including periods as its Chair and Deputy Chair.

As is apparent, President Smith has enormous experience in native title law, as well as great organisational skill and ability. What should not be overlooked is his personal qualities that make him eminently qualified for his new role. The quality that stands out above all others is his integrity.

I speak on behalf of all of us in congratulating President Smith and wishing him well as President of the National Native Title Tribunal.