Increasing attention to Indigenous engagement and consultation

Recent decisions - from courts, tribunals and others - show increasing attention to Indigenous issues and engagement, and legal implications where this is found inadequate. Six decisions are summarised below. ... These decisions perhaps indicate a trend of increasing legal relevance and significance to how governments and companies engage with Indigenous groups. The Full Federal Court has drawn on native title experience and processes to explain and understand what consultation ought involve in other legal regimes. The OECD Guidelines are expectations which adhering governments, including Australia, "encourage the enterprises operating in or from their territories to observe ... wherever they operate", and corporate inconsistency with the Guidelines (eg regarding stakeholder engagement) can lead to a complaint to the AusNCP.