Chapter 4
Powers of Delegation Exercisable by the Registrar - s.206(d)(iii)
Registrar's Powers
4.1 Pursuant to ss.96, 97, 97A, 98 and 98A the Tribunal Registrar has
powers to:
- assist the President under s.129;
- act for the President in the administrative affairs of the
Tribunal;
- conduct searches; and
- maintain registers and keep records.
Delegation
4.2 Section 99 of the Native Title Act 1993 provides:
The Registrar may by signed instrument delegate to one or more of the
Deputy Registrars or of the members of the staff of the Tribunal all
or any of the Registrar's powers under this Act.
4.3 Originally, when applications were registered with the Tribunal,
the Registrar's powers in this regard were specified at ss.63 and 64.
In its report Native title: a five year retrospective 1994-1998,
the Tribunal confirmed that:
Given the large number of claims made Australia wide and the need to
process the claims on a regional basis in an administratively efficient
manner it was necessary to delegate the Registrar's powers in respect
of ss.63 and 64 to the Deputy Registrar, Regional Co-ordinators (SO-B
level) and some senior case managers. This level of delegation was seen
as commensurate with the significance of the acceptance test …
(p.67)
4.4 Further, the Registrar continues to have the authority under ss.191
and 198 to delegate powers regarding the Register of Native Title Claims
and the National Native Title Register to recognised State/Territory bodies.
The Tribunal's report advised in regard to s.191:
The Environment, Resources and Development Court of South Australia
was the only recognised body under the Act. No s.61 applications were
made to that body and such a delegation was unnecessary. (p.66)
And in regard to s.198, the report confirmed that the South Australian
body was the only recognised body under the Act:
Such a delegation was unnecessary because no determinations of native
title were made in South Australia and no applications were considered
by that body. (p.66)
The Committee's Duty
4.5 At s.206(d)(iii), the Act intends that the Committee should review
the ways in which the powers of delegation have been exercised and whether
the powers are appropriate.
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