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[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.

Download the Native Title Report 2010 in PDF and Word formats.

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.

Native Title Report 2009 Chapter 1: The state of land rights and native title policy in Australia in 2009 back to contents 1.1 Introduction 1.2 Policy approaches to land rights and native title – the legacy of the Howard Government 1.3 The Rudd Government’s response – new promises, a fresh approach in 2008-09? 1.4 Significant cases affecting native title and land rights 1.5 International…

Native Title Report 2009 Chapter 2: Changing the culture of native title back to contents 2.1 The challenge: decolonising the native title framework 2.2 We need a level playing field 2.3 Principles to underpin cultural change 2.4 Transforming the policy landscape 2.5 Conclusion 2.1 The challenge: decolonising the native title framework It is clear that the native title system has not…

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);…

Learn about the 2009 Native Title Report, Appendix 4.

Native Title Report 2009 Appendix 5: Twenty six priority communities back to contents Community Tenure Northern Territory All 15 priority communities in the Northern Territory are on Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). 1. Nguiu Section 19A township lease to the Executive Director of Township Leasing on 30 August 2007 for 99 years. 2. Angurugu…

After 11 years of conservative rule under the Howard Government, that saw Indigenous peoples’ native title rights and interests severely degraded under the Wik 10 Point Plan, the election of the Labor Government raised an opportunity to renew the relationship between the State and Australia’s Indigenous peoples.

In November 2007, Australia elected a new federal government. With the new government came new policies aimed at improving Aboriginal’s and Torres Strait Islander’s social and economic situation. In the new government’s National Platform and Constitution[1], the Australian Labor Party stated that it:

In my Native Title Report 2007, I reported on the changes that were made to the native title system during that year. The changes, which were made through two pieces of legislation which amended the Native Title Act, primarily affected:

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…

I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed.[1] Ban Ki-moon, Secretary-General, United Nations