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A human rights-based approach to native title reform
Text Box 5.4: Significant inquiries and reports relevant to land justice and
cultural heritage since 2016
DLA Piper, Technical Review of the Corporations (Aboriginal and Torres Strait Islander) Act
2006 (2017): the purpose of the Technical Review was to consider technical amendments to
strengthen and improve the CATSI Act and align it with changes in corporate law and regulation.
A number of themes emerged from the consultations with stakeholders, including the following:
that Indigenous corporations play a unique role in Indigenous communities and in the
provision of services to Indigenous peoples
there is no ‘single’ form of CATSI corporation, and ‘one size does not fit all’
smaller CATSI corporations require additional support, and it is appropriate to reduce the
regulatory burden that is imposed upon small CATSI corporations
while CATSI corporations look to the Registrar and ORIC for assistance and support, the
autonomy of CATSI corporations requires that regulation often be based upon additional
disclosure
the Registrar can play a greater role with respect to certain matters relating to native title
regulation.
B Burbridge, M Barber, T M Kong, T Donovan (AIATSIS, NNTC and CSIRO), Report on the
2019 Survey of Prescribed Bodies Corporate (PBCs) (January 2021): reported on a survey of
58 PBCs (of a total of 197 PBCs across Australia) to collect data on their activities, challenges
and successes, to inform policy and program development. This Report and its findings are
discussed further in section 10.3 on the ability to participate properly in native title processes.
NIAA, CATSI Act Review Final Report (February 2021): the CATSI Act Review had an expanded
scope to include an assessment of the effectiveness of the CATSI Act as a ‘special measure’
under the Racial Discrimination Act 1975 (Cth), including whether it can better support economic
and community development opportunities for Aboriginal and Torres Strait Islander people.
The review included 72 recommendations outlining changes to the CATSI Act, suggesting
further consideration of some aspects of the CATSI Act and identifying additional support that
could be provided to corporations incorporated under the CATSI Act.
RMIT University, First Peoples and Land Justice Issues in Australia: Addressing Deficits in
Corporate Accountability (17 March 2021): describes the multiple barriers that First Peoples
face to achieving land justice in Australia. It finds that in some cases, such as the Bravus
(formally known as Adani) Carmichael Coal Mine, the Queensland government has gone so far
as to extinguish native title.
It points to serious accountability shortfalls in the mining and extractive gas industries and
highlights what governments and companies should be doing to protect the rights of First
Peoples impacted by major corporate developments in Australia. This Report sets out an
agenda of urgent legislative reform.
Australian Human Rights Commission
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