Negotiating comprehensive settlement of Native Title issues: Building a new scale of justice in South Australia

This paper discusses the statewide framework agreement process in South Australia from its inception in 2000. The framework agreement process seeks to comprehensively address Native Title claims across South Australia by negotiating agreements between claimant, government, industry, and other stakeholders. This process offers not just an alternative to litigation, but an opportunity to rebuild the capacity of Indigenous people to be self determining and to hold each other accountable in parallel under customary law and contemporary governance institutions. Close attention to this, and to inclusive decision making processes, is emphasised as critical to securing lasting outcomes from negotiations. This paper was written prior to the High Court decision in Western Australia v Ward which has subsequently drawn attention to the inappropriateness of pursuing litigation to resolve Native Title applications.