Footnotes

CHAPTER 1 - Introduction

[1]        Journals of the Senate, No. 96 – 29 October 2009, p. 2691.

[2]        Explanatory Memorandum, p. 2.

[3]        Explanatory Memorandum, p. 2.

[4]        Explanatory Memorandum, p. 2.

CHAPTER 2 - Overview of the Bill

[1]        SCRGSP (Steering Committee for the Review of Government Service Provision) 2009, Overcoming Indigenous Disadvantage: Key Indicators 2009, Productivity Commission, Canberra, pp 9.3‑9.11.

[2]        National Partnership on Remote Indigenous Housing, Part 2, para 11.

[3]        Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, p. 1; Attorney‑General's Department & Department of Families, Housing, Community Services and Indigenous Affairs, Discussion Paper: Possible housing and infrastructure native title amendments, August 2009, pp 4‑5; and the Hon. Robert McClelland MP, Attorney‑General, House Hansard, 21 October 2009, p. 10468.

[4]        Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Discussion Paper: Possible housing and infrastructure native title amendments, August 2009, p. 5.

[5]        Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, p. 1; and the Hon. Robert McClelland MP, Attorney‑General, House Hansard, 21 October 2009, p. 10468.

[6]        Items 4-7.

[7]        Explanatory Memorandum, p. 4.

[8]        Proposed subsection 24JAA(1); and Australians for Native Title and Reconciliation, Submission 6, p. 5.

[9]        Proposed subsection 24JAA(3).

[10]      Explanatory Memorandum, p. 5.

[11]      Proposed subsection 24JAA(2).

[12]      Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, p. 3.

[13]      Proposed subsections 24JAA(4)-(6).

[14]      Proposed subsection 24JAA(10).

[15]      Proposed subsection 24JAA(11).

[16]      Explanatory Memorandum, p. 6.

[17]      Proposed subsection 24JAA(13).

[18]      Proposed subsection 24JAA(14).

[19]      Proposed subsection 24JAA(15).

[20]      Explanatory Memorandum, pp 6-7.

[21]      The Hon. Robert McClelland MP, Attorney‑General, House Hansard, 21 October 2009, p. 11.

[22]      Explanatory Memorandum, p. 7.

[23]      Proposed subsection 24JAA(16); and Torres Strait Regional Authority, Submission 13, p. 2.

[24]      Proposed subsections 24JAA(19).

[25]      Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, p. 3.

[26]      Item 8.

CHAPTER 3 - Key Issues

[1]        The Hon. Robert McClelland MP, Attorney‑General, House Hansard, 21 October 2009, p. 10468.

[2]        Ms Tamsyn Harvey, Assistant Secretary, Native Title Unit, AGD, Committee Hansard, 28 January 2010, p. 38. Also see Mr John Litchfield, Acting Branch Manager, Land Reform Branch, FaHCSIA, Committee Hansard, 28 January 2010, p. 38; Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, pp 4‑5; and Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, pp 2-3.

[3]        Ms Amanda Cattermole, Group Manager, Office of Remote Indigenous Housing, FaHCSIA, Committee Hansard, 28 January 2010, pp 35-36; and Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, p. 4.

[4]        Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, p. 4.

[5]        For example, Professor Jon Altman, Submission 1, pp 2‑3; Carpentaria Land Council Aboriginal Corporation, Submission 3, pp 5‑6; Mr Daniel Lavery, Submission 8, Attachment 1, p. 11; and Ms Krysti Guest, Senior Legal Officer, Cape York Institute, Committee Hansard, 28 January 2010, pp 23-24.

[6]        Carpentaria Land Council Aboriginal Corporation, Submission 3, p. 5; Australians for Native Title and Reconciliation, Submission 6, p. 3; and NTSCORP, Submission 10, p. 4.

[7]        Law Council of Australia, Supplementary Submission 14, p. 3; and Northern Land Council, Submission 16, p. 2.

[8]        Mr Warren Mundine, CEO, NTSCORP, Committee Hansard, 28 January 2010, pp 2 & 8.

[9]        Mr Warren Mundine, CEO, NTSCORP, Committee Hansard, 28 January 2010, p. 3.

[10]      Ms Krysti Guest, Senior Legal Officer, Cape York Institute, Committee Hansard, 28 January 2010, pp 26-27.

[11]      Mr Ron Levy, Principal Legal Officer, Northern Land Council, Committee Hansard, 28 January 2010, pp 16-18.

[12]      For example, Professor Jon Altman, Submission 1, p. 3; Carpentaria Land Council Aboriginal Corporation, Submission 3, p. 5; and Ms Krysti Guest, Senior Legal Officer, Cape York Institute, Committee Hansard, 28 January 2010, p. 23.

[13]      For example, Carpentaria Land Council Aboriginal Corporation, Submission 3, pp 3 & 8; NTSCORP, Submission 10, p. 9; Mr Kim Hill, CEO, Northern Land Council, Committee Hansard, 28 January 2010, p. 17; and Ms Raelene Webb QC, Member, Indigenous Legal Issues Committee, Law Council of Australia, Committee Hansard, 28 January 2010, p. 29.

[14]      Australian Human Rights Commission, Submission 11, pp 4-5; National Native Title Council, Submission 5, p. 1; and North Queensland Land Council, Submission 17, pp 12-13.

[15]      NTSCORP, Submission 10, p. 8.

[16]      Australians for Native Title and Reconciliation, Submission 6, pp 3-4; Cape York Land Council, Submission 2, p. 11; Carpentaria Land Council Aboriginal Corporation, Submission 3, p. 5; NTSCORP, Submission 10, pp 6 & 8; and Torres Strait Regional Authority, Submission 13, pp 3-4.

[17]      NTSCORP, Submission 10, p. 9; and Australian Human Rights Commission, Submission 11, p. 6.

[18]      Mr Kevin Smith, Deputy Chair, National Native Title Council, Committee Hansard, 28 January 2010, p. 11; and Mr Kim Hill, CEO, Northern Land Council, Committee Hansard, 28 January 2010, p. 19.

[19]      Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, p. 5; and Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, p. 3.

[20]      Mr John Litchfield, Acting Branch Manager, Land Reform Branch, FaHCSIA, Committee Hansard, 28 January 2010, pp 38-39. See also Ms Amanda Cattermole, Group Manager, Office of Remote Indigenous Housing, FaHCSIA, Committee Hansard, 28 January 2010, p. 39.

[21]      Ms Amanda Cattermole, Group Manager, Office of Remote Indigenous Housing, FaHCSIA, Committee Hansard, 28 January 2010, p. 40; and Ms Sally Nelson, Principal Legal Officer, Native Title Unit, AGD, Committee Hansard, 28 January 2010, pp 44-45.

[22]      Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, p. 4 and Attachment B, p. 1.

[23]      Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, pp 1-2.

[24]      Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, Attachment A, pp 2-3.

[25]      Northern Land Council, Supplementary Submission 16a, pp 7-8.

[26]      Ms Tamsyn Harvey, Assistant Secretary, Native Title Unit, AGD, Committee Hansard, 28 January 2010, p. 35.

[27]      WA Government, Submission 15, p. 2/ See also Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, p. 1.

[28]      WA Government, Submission 15, p. 3.

[29]      Mr Kevin Smith, Deputy Chair, National Native Title Council, Committee Hansard, 28 January 2010, p. 13.

[30]      Ms Raelene Webb QC, Member, Indigenous Legal Issues Committee, Law Council of Australia, Committee Hansard, 28 January 2010, p. 28; and Northern Land Council, Submission 16, p. 2.

[31]      Law Council of Australia, Supplementary Submission 14a, p. 3.

[32]      Law Council of Australia, Supplementary Submission 14b, p. 2.

[33]      Mr Ron Levy, Principal Legal Officer, Northern Land Council, Committee Hansard, 28 January 2010, p. 16.

[34]      Ms Amanda Cattermole, Group Manager, Office of Remote Indigenous Housing, FaHCSIA, Committee Hansard, 28 January 2010, p. 40.

[35]      Mr John Litchfield, Acting Branch Manager, Land Reform Branch, FaHCSIA, Committee Hansard, 28 January 2010, p. 38. See also Ms Tamsyn Harvey, Assistant Secretary, Native Title Unit, AGD, Committee Hansard, 28 January 2010, p. 40; and Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, p. 2.

[36]      Ms Tamsyn Harvey, Assistant Secretary, Native Title Unit, AGD, Committee Hansard, 28 January 2010, p. 41; and Ms Amanda Cattermole, Group Manager, Office of Remote Indigenous Housing, FaHCSIA, Committee Hansard, 28 January 2010, p. 40.

[37]      Part 2, Division 3, Subdivisions K and M of the Native Title Act 1993.

[38]      Cape York Land Council, Submission 2, p. 11. See also Australians for Native Title and Reconciliation, Submission 6, pp 1-2; NTSCORP, Submission 10, p. 4; Torres Strait Regional Authority, Submission 13, p. 4; and North Queensland Land Council, Submission 17, p. 5.

[39]      Australians for Native Title and Reconciliation, Submission 6, p. 4.

[40]      Carpentaria Land Council Aboriginal Corporation, Submission 3, p. 11.

[41]      For example, Cape York Land Council, Submission 2, pp 7, 11 & 13; Carpentaria Land Council Aboriginal Corporation, Submission 3, p. 3; National Native Title Council, Submission 5, p. 2; and Australians for Native Title and Reconciliation, Submission 6, pp 1-2.

[42]      Australian Human Rights Commission, Submission 11, pp 3‑4.

[43]      Ms Tamsyn Harvey, Native Title Unit, AGD, Committee Hansard, 28 January 2010, p. 42.

[44]      For example, National Native Title Council, Submission 5 and Law Council of Australia, Submission 14.

[45]      Law Council of Australia, Submission 14, p. 3. See also Mr Daniel Lavery, Submission 8, p. 2 and Attachment 1, pp 10‑11.

[46]      Mr Kevin Smith, Deputy Chair, National Native Title Council, Committee Hansard, 28 January 2010, p. 10. See also National Native Title Council, Submission 5, p. 2; and Law Council of Australia, Submission 14, p. 8.

[47]      Cape York Land Council, Submission 2, p. 6; and Carpentaria Land Council Aboriginal Corporation, Submission 3, p. 11.

[48]      Australians for Native Title and Reconciliation, Submission 6, p. 4; and Australian Human Rights Commission, Submission 11, p. 3.

[49]      NTSCORP, Submission 10, p. 5.

[50]      Law Council of Australia, Submission 14, p. 5.

[51]      Mr Kim Hill, CEO, Northern Land Council, Committee Hansard, 28 January 2010, p. 18.

[52]      Ms Tamsyn Harvey, Assistant Secretary, Native Title Unit, AGD, Committee Hansard, 28 January 2010, p. 41; and Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, p. 2.

[53]      Carpentaria Land Council Aboriginal Corporation, Submission 3, p. 6.

[54]      For example, Carpentaria Land Council Aboriginal Corporation, Submission 3, pp 6 & 8‑9; and Australians for Native Title and Reconciliation, Submission 6, p. 2.

[55]      For example, NTSCORP, Submission 10; and Australian Human Rights Commission, Submission 11.

[56]      Attorney‑General's Department & Department of Families, Housing, Community Services and Indigenous Affairs, Discussion Paper: Possible housing and infrastructure native title amendments, August 2009.

[57]      Cape York Land Council, Submission 2, p. 6; Carpentaria Land Council Aboriginal Corporation, Submission 3, pp 3‑4; NSTCORP, Submission 10, p. 3; and Australian Human Rights Commission, Submission 11, p. 2.

[58]      Mr Warren Mundine, CEO, NTSCORP, Committee Hansard, 28 January 2009, pp 4 & 7.

[59]      Mr Kevin Smith, Deputy Chair, National Native Title Council, Committee Hansard, 28 January 2010, p. 11.

[60]      United Nations, Declaration on the Rights of Indigenous Peoples (adopted by General Assembly Resolution 61/295 on 13 September 2007), Article 19; and Committee on the Elimination of Racial Discrimination, General Recommendation 23: Indigenous Peoples: 18/08/97.

[61]      Australian Human Rights Commission, Submission 11, p. 3. See also Torres Strait Regional Authority, Submission 13¸ p. 4.

[62]      Australian Human Rights Commission, Submission 11, p. 3; and NTSCORP Limited, Submission 10, p. 7.

[63]      Mr Warren Mundine, CEO, NTSCORP, Committee Hansard, 28 January 2009, pp 3 & 5.

[64]      Mr Brian Wyatt, Chair, National Native Title Council, Committee Hansard, 28 January 2010, p. 13.

[65]      For example, see Cape York Land Council, Submission 2, and National Native Title Council, Submission 5.

[66]      Mr Kevin Smith, Deputy Chair, National Native Title Council, Committee Hansard, 28 January 2010, p. 10. See also NTSCORP, Submission 10, p. 7.

[67]      For example, Torres Strait Regional Authority, Submission 13, p. 2.

[68]      Law Council of Australia, Submission 14, pp 6-7.

[69]      Australian Human Rights Commission, Submission 11, pp 4-5;

[70]      Cape York Land Council, Submission 2, p. 13. See also Carpentaria Land Council Aboriginal Corporation, Submission 3, pp 7 and 11.

[71]      Law Council of Australia, Submission 14, p. 7. See also NTSCORP, Submission 10, p. 7.

[72]      NTSCORP, Submission 10, pp 7‑8. See also Mr Daniel Lavery, Submission 8, pp 1‑2.

[73]      Australian Human Rights Commission, Submission 11, p. 6; National Native Title Council, Submission 5, pp 1‑2; Queensland Government, Submission 12, pp 1-2; and Torres Strait Regional Authority, Submission 13, pp 3-4.

[74]      Law Council of Australia, Submission 14, pp 5-6.

[75]      Ms Sally Nelson, Principal Legal Officer, Native Title Unit, AGD, Committee Hansard, 28 January 2010, pp 34-35; and Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, p. 5.

[76]      Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, p. 3; and Ms Sally Nelson, Principal Legal Officer, Native Title Unit, AGD, Committee Hansard, 28 January 2010, p. 35.

[77]      Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Submission 7, pp 1 & 4.

[78]      Attorney‑General's Department and Department of Families, Housing, Community Services and Indigenous Affairs, Supplementary Submission 7a, p. 5.

[79]      Ms Tamsyn Harvey, Assistant Secretary, Native Title Unit, Committee Hansard, 28 January 2010, p. 37.

[80]      Ms Tamsyn Harvey, Assistant Secretary, Native Title Unit, Committee Hansard, 28 January 2010, p. 37.

Dissenting report by Senator Rachel Siewert

[1]        Given that these provisions are acknowledged to only apply to particular areas within Queensland and Western Australia, as discussed further below.

[2]        Australians for Native Title and Reconciliation, Submission 6, Cape York Land Council, Submission 2; Carpentaria Land Council Aboriginal Corporation, Submission 3; NTSCorp Submission 10; and Torres Strait Regional Authority, Submission 13.

[3]        Australians for Native Title and Reconciliation, Submission 6, p. 4.

[4]        The Law Council of Australia reasserted this point in a late supplementary submission, raising concern that the responses of FaHCSIA and Attorney-General's Department to the inquiry had failed to properly address this issue: see Law Council of Australia, Supplementary Submission 14B, pp 1-2.

[5]        Paraphrasing Ron Levy, Northern Land Council, Committee Hansard, p.16.

[6]        Cape York Land Council, Submission 2; Carpentaria Land Council Aboriginal Corporation, Submission 3; North Queensland Land Council, Submission 17; and Torres Strait Regional Authority, Submission 13.

[7]        Law Council of Australia, Supplementary Submission 14B, p. 1.

[8]        Northern Land Council, Committee Hansard, pp 16-18.

[9]        Cape York Land Council, Submission 2, pp 6 & 11; and Committee Hansard, p. 22.

[10]      National Native Title Council, Submission 5, p. 2; National Native Title Council, Supplementary Submission 5B, p. 1; and Committee Hansard, 28 January 2010, p. 10.

[11]      Law Council of Australia, Submission 14, p. 2.

[12]      Law Council of Australia, Submission 14, p. 3.

[13]      National Native Title Council, Submission 5, pp 2-3.

[14]      For instance, 'Will they be heard?' report, Melbourne Law School, 2009.

[15]      Cape York Land Council, Submission 2, p. 3.

[16]      Cape York Land Council, Submission 2, p. 5.

[17]      Cape York Land Council, Submission 2, p. 14.

[18]      National Native Title Council, Submission 5, p. 10.

[19]      Law Council of Australia, Submission 14, p. 8.

[20]      Prime Minister Kevin Rudd, Apology Speech.

[21]      Mick Dodson and Dianne Smith, Governance for Sustainable Development 2003, CAEPR, ANU.

[22]      Cape York Land Council, Submission 2, p. 14.

[23]      Land rights and development reform in remote Australia, 2005, Altman et al, CAEPR, ANU.

[24]      Cape York Land Council, Submission 2, p. 6.

[25]      Northern Land Council, Supplementary Submission 16B

[26]      Northern Land Council, Supplementary Submission 16B

[27]      National Native Title Council, Supplementary Submission 16B