The Traditional Owner Settlement Act 2010 (Vic) was enacted in response to the deficiencies of the Native Title Act 1993 (Cth) in recognising the native title rights and interests of Victoria’s Traditional Owners. It is widely recognised that the NTA is particularly inadequate when it comes to Indigenous participation in water management.

Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group...

In August 2016, the traditional owners of Timber Creek in the Northern Territory, the Ngaliwurru and Nungali peoples, were awarded over $3.3 million for the loss of their native title rights. $1.3 million of this award was a solatium payment, that is, compensation for hurt arising from damage caused by the loss of connection to...

The history of compensation determinations under the Native Title Act 1993 (Cth) (NTA) is not a positive one for native title claimants. In the 19 years from the enactment of the NTA until the 2013 decision De Rose v State of South Australia there had been 37 compensation applications filed under the NTA. The De...

As Acting Aboriginal and Torres Strait Islander Social Justice Commissioner and Deputy Aboriginal and Torres Strait Islander Social Justice Commissioner, we are pleased to present the Social Justice and Native Title Report 2016. This is the seventh and final report during the term of previous Aboriginal and Torres Strait Islander Social Justice Commissioner, Mr Mick...