Yesterday, I had the pleasure of speaking to the delegates at the National Indigenous Legal Conference in Naarm in my role as a Commissioner of the Australian Law Reform Commission. Together with Assistant Commissioner, Nick Testro, CEO Ruth Barson and Senior Legal Officer Mark Evenhuis we spoke about the Native Title Future Acts Review, and the recently released Issues Paper.
The inquiry is very important as the recommendations may shape the way in which native title looks and feels and is dealt with for the next generation. There are fundamental principles of fairness and equality that must be considered, and operational matters such as efficiency and certainty to be enhanced. There are queries in relation to if and when expedited procedures should be provided, if and when extinguishment should follow a future act, when and how compensation should be paid and whether the Racial Discrimination Act should continue to be suspended.
Importantly, there will be some consideration of the overlap between future acts and cultural heritage protection.
On 28 November 2024, the Australian Law Reform Commission released an Issues Paper, in response which we are hoping to receive a significant number of submissions to help us understand all perspectives and all issues requiring attention. In particular, we encourage all people who have a view as to how the system could be improved to make submissions. There will be a further Discussion Paper issued next year with fleshed out positions but, in my view, this conceptual stage is critical to informing the overall direction.
The Native Title Future Acts Review Issues Paper and submissions portal can be found here https://lnkd.in/gict36V5
Today the Australian Law Reform Commission published the Issues Paper for the Review of the Future Acts Regime, led by Commissioner Tony McAvoy SC and ALRC President the Hon Justice Mordecai Bromberg. You can learn more and access the Issues Paper at https://lnkd.in/gict36V5.
The Issues Paper aims to explain the future acts regime at a high level, introduce our Inquiry, and call for submissions. We have also produced a one-page information sheet that explains how to respond to the Issues Paper.
We’ll be accepting submissions in response to the Issues Paper until 21 February 2025. To learn more and make a submission visit https://lnkd.in/gadHdFmC.
#LawReform #NativeTitle
Review of the Future Acts Regime: Issues Paper (2024) | ALRC
https://www.alrc.gov.au