With most of the apprehension, uncertainty and fear that was associated initially with native title has dissipated, this paper examines the areas in which the legislation and native title processes could be improved.

The Indigenous Land Corporation (ILC) was established in 1995 by the Keating Government as one element of its three-part response to the Mabo judgment. The first part was the Native Title Act (1993), which validated past grants of land to settlers and set up a process for claiming and registering surviving rights of native title...

This paper focuses on the resolution of native title claims by negotiated outcomes and looks at the range of options for settlement expressly contemplated, or permitted, by the Native Title Act. It looks in some detail at the various factors that can affect the pace and outcomes of negotiations, and discusses how and why an...

This paper summarise the various meanings which have been applied to the notion of traditional ownership, based on a review of the published literature on the subject. It starts with a brief summation of the various definitions which have been included in Australian State and Commonwealth legislation, before focusing on three issues which are the...

The Australian Human Rights Commission (the Commission) makes this submission to the Australian Government, providing comments on the native title payments discussion paper, Optimising Benefits from Native Title Agreements. The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native...