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Commonwealth

The Commonwealth's roles and responsibilities in relation to native title matters include:

  • to administer and oversight the operation of the Native Title Act 1993 (Cth);
  • to administer and fund the various structures and processes established by the Act including the:
    • Federal Court;
    • National Native Title Tribunal; and
    • Native Title Representative Bodies (who are funded to represent native title applicants);
  • to provide financial assistance to native title respondents (other than State and Territory governments) including pastoralists, the fishing industry and local government authorities and their peak bodies;
  • to participate in matters before the Court where that matter raises issues relevant to either the Commonwealth's property or policy interests; and
  • when undertaking future acts, to do so in accordance with the relevant provisions of the Native Title Act 1993.

These roles and responsibilities are administered by different parts of the Federal Government.

For instance, the Attorney-General's Department administers financial assistance schemes for non-native title holders who may become parties in native title proceedings. For information on financial assistance guidelines see:

http://152.91.15.12/www/agdHome.nsf/
HeadingPagesDisplay/Native+Title?OpenDocument

On the other hand, Native Title Representative Bodies, who are funded to assist Indigenous Australians in relation to native title matters, are funded through the Aboriginal and Torres Strait Islander Commission.

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