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Alternative settlements and modelling loss and reparation for compensation

Native title compensation applications and settlements have become a focus for the native title sector. The sector has seen an increase in applications and settlements since the High Court’s Timber Creek decision and the negotiation of the South West Native Title Settlement. This project explores models and options for resolving native title compensation liabilities and provide advice on the issues that have arisen as part of a comparative jurisprudential assessment of compensation in both Australia and other common law jurisdictions internationally.

The project aims to provide information, resources and comprehensive analysis that will promote compensation for extinguishment or impairment of native title on just terms; in accordance with the principles of equality before the law. The data from the project will also form advice to ensure that we move forward with a legal framework that provides the best results for Aboriginal and Torres Strait Islander applicants with a focus on cultural resurgence.

This project is carried out in partnership with the National Native Title Council (NNTC).

AIATSIS and the NNTC are also working in conjunction with the Centre for Native Title Anthropology to support the distribution of information and resources for anthropologists undertaking compensation research.

Resources

Project team

Dr Lisa Strelein
Dr Tran Tran
Stephanie Bloxsome
Ophelia Rubinich