Native Title authorisation: Practice and procedure

Getting authorisation processes right when authorising native title claims, as well as throughout the various stage of progressing native title claims, is highlighted again and again in contested litigation. The processes and procedures for authorising Indigenous Land Use Agreements, especially in a post‑determination environment, are little understood by many in the representative body realm, and possibly unknown by many of those working in, or with, PBCs.

The two presenters have experience in two quite different parts of the country, and seek to share their experiences and advice in a bid to help others avoid potential pitfalls.

This presentation will examine jurisprudence considering authorisation processes, as well as the methods adopted by two representative bodies to ensure that meetings are well placed to survive judicial scrutiny. The analysis will also consider the Australian Law Reform Commission’s inquiry and endeavour to identify possible reforms relating to authorisation.