7 Submissions NTSCORP submitted that the Commonwealth and state governments should ‘redesign their institutional approach to the native title process’ to centre their commitments under the National Closing the Gap Agreement entered into in July 2020. That is, their approach to native title as parties should be consistent with their obligations and commitments under the Closing the Gap Agreement. NTSCORP noted several specific relevant clauses and outcomes of that agreement, including: Clause [19] of the Closing the Gap Agreement: (c) government agencies and institutions need to address systemic, daily racism, and promote cultural safety and transfer power and resources to communities. Clause 62: When Government Parties change, design or deliver policies and programs that impact on the outcomes of this Agreement, they will do so in line with this Agreement. Outcome 15: Aboriginal and Torres Strait Islander people maintain a distinctive cultural, spiritual, physical and economic relationship with their land and waters. ANTaR submitted that systemic reform of the Native Title Act is needed, with a focus on the intent to pursue justice and the ‘rights and interests’ of the First Nations peoples of Australia. It further argued that native title should be viewed as having a role in truth-telling and Treaty processes. ANTaR noted that native title has been the instigator of much of the progress made in negotiating settlements between the First Nations communities and the State, noting the examples: ƒ South West Native Title Settlement between Noongar Nation and the WA Government ƒ Yamatji Southern Regional Agreement between Yamatji people and the WA Government ƒ agreements around fishing and land use flowing from the Buthera Agreement in South Australia between Narungga people and SA Government. ANTaR considers that the native title space should be recognised as a ‘national project of truth-telling’, noting that ‘at present much of the Native Title Act process is seldom revealed so it is not contributing to truth-telling in the wider community. We must consider how to use the evidence in a respectful way that complements the process of truth-telling across Australia.’ Further, ANTaR argues that the Federal Government and the other state and territory governments ‘should follow the lead of Victoria, Queensland and the NT and begin Treaty processes that will reinforce and strengthen native title’. Australian Human Rights Commission 57

Select target paragraph3