Authorisation of native title claims: problems with a "Claim Group Representative Body"

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It has been proposed that small, committee-like, bodies conduct native title claims on behalf of whole traditional-owner groups. This is said to enable savings in time, planning and money. Such bodies can assist but the suggestion that they should act on behalf of an entire claim group for 'all matters related to a native title application' is problematic, both in law and policy. Legally: it is inconsistent with growing emphasis on ensuring the whole group is able to be involved in decision-making. But quite apart from legal doubts of the proposal, it seems unwise for anyone to rely solely on a committee's processes for critical decisions with implications for a whole traditional owner group. Just because a process is not the most efficient in terms of 'cost and logistics', it may still be important to ensure the broader group are appropriately involved in decision-making.
Original languageEnglish
Pages (from-to)49-59
Number of pages11
JournalAustralian Resources and Energy Law Journal
Issue number1
Publication statusPublished - 2010


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