8.16 Leah, NSW Leah is an Aboriginal woman from the west of NSW. She is a Custodian with two different native title claims, run by two different NTRBs because her mother’s country crosses state borders. Leah is also an academic working across two universities in research. In her interview, Leah discussed her experiences with professionals involved in the native title system and identified concerns around professionals’ impacts on community relations and native title outcomes both within and beyond their roles in the process of getting a determination. In Leah’s experience, the anthropological consultation process in the native title system is ‘not always inclusive’ and the professionals involved often only hear the loudest voices. It was Leah’s view that some lawyers involved in the native title process do not seem to understand that this process and needs to be a healing process, and that it is not just about getting the determination. Leah felt that a key part of their role, which is neglected, is to communicate respectfully and co-facilitate community meetings in culturally safe ways. Leah has experience with two NTRBs because their original claim was divided and the two subsequently run separately. She felt that the NTRB has an effect on how the process plays out for a group. In her case, one claim was very much directed by the lawyer and felt less empowering; whereas the other one was far more community directed with facilitators and the lawyers engaging in more effective and regular communication with community. Leah described personally witnessing the misuse of power by dominant men in leadership positions, some of whom are known perpetrators of violence against women and children. Leah noted that these men are not even qualified to be in the leadership positions and are not benefiting the communities by being there. Leah has seen women bullied when they have demanded transparency and accountability, and when they stood up to the bullying, they have been ostracised. Leah described how the community has tried to implement changes to ensure everyone has an equal opportunity to take up leadership positions in native title (and other areas), for example, by establishing a rule that anyone with a serious criminal history be ineligible for board membership. But Leah said some men in positions of power resisted by stealth for as long as they could, and when they finally resigned, some moved to more senior positions in native title. Leah has observed that as long as these men remain in leadership positions in the native title system and across Land Councils, women will always be made to feel unempowered, unsafe and unable to participate. Leah also described seeing intergenerational conflict now that more young people are coming to meetings, speculating that perhaps some older people feel threatened by the highly educated getting involved. Young people are questioning previous behaviours, actions and decisions, trying to understand how they are made, and by whom. To Leah, it appears that older people might be feeling disempowered. Leah is concerned that younger people are inheriting old intracommunity conflicts and disrespectful behaviour, noting that they are often pressured to ‘take sides’ in long-running disputes. 98 Women in Native Title: Native Title Report 2024

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