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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:
South West Native Title Settlement between Noongar Nation and the WA Government
Yamatji Southern Regional Agreement between Yamatji people and the WA Government
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
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