NATIONAL NATIVE TITLE TRIBUNAL ANNUAL REPORT 1996/97 ANNUAL REPORT 1996/97 CONTENTS Letter to Attorney-General 1 Table of contents 3 Introduction – President’s Report 5 Tribunal values, mission, vision 9 Corporate overview – Registrar’s Report 10 Corporate goals Goal One: Increase community and stakeholder knowledge of the Tribunal and its processes. 19 Goal Two: Promote effective participation by parties involved in native title applications. 25 Goal Three: Promote practical and innovative resolution of native title applications. 30 Goal Four: Achieve recognition as an organisation that is committed to addressing the cultural and customary concerns of Aboriginal and Torres Strait Islander people. 44 Goal Five: Manage the Tribunal’s human, financial, physical and information resources efficiently and effectively. 47 Goal Six: Manage the process for authorising future acts effectively. 53 Regional Overviews 59 Appendices Appendix I: Corporate Directory 82 Appendix II: Other Relevant Legislation 84 Appendix III: Publications and Papers 85 Appendix IV: Staffing 89 Appendix V: Consultants 91 Appendix VI: Freedom of Information 92 Appendix VII: Internal and External Scrutiny, Social Justice and Equity 94 Appendix VIII: Audit Report & Notes to the Financial Statements 97 Appendix IX: Glossary 119 Appendix X: Compliance index 123 Index 124 National Native Title Tribunal 3 ANNUAL REPORT 1996/97 © Commonwealth of Australia 1997 ISSN 1324-9991 This work is copyright. It may be reproduced in whole or in part for study or training purposes if an acknowledgment of the source is included. Such use must not be for the purposes of sale or commercial exploitation. Subject to the Copyright Act, reproduction, storage in a retrieval system or transmission in any form by any means of any part of the work other than for the purposes above is not permitted without written permission. Requests and inquiries should be addressed to Registrar, National Native Title Tribunal, GPO Box 9973, Perth WA 6001. i National Native Title Tribunal ANNUAL REPORT 1996/97 LETTER TO ATTORNEY-GENERAL National Native Title Tribunal Telephone: (08) 9268 7272 Level 4 GPO Box 9973 Facsimile: (08) 9268 7299 Commonwealth Law Courts PERTH WA 6001 Freecall: 1800 640 501 1 Victoria Avenue EMail: [email protected] PERTH WA 6000 Web Page: http://www.nntt.gov.au/ 30 September 1997 The Hon Daryl Williams AM QC MP Attorney-General Parliament House CANBERRA ACT 2600 Dear Attorney-General In accordance with section 133 of the Native Title Act 1993, I present to you the Annual Report of the National Native Title Tribunal for the year ended 30 June 1997. Yours faithfully R S French PRESIDENT National Native Title Tribunal 1 ANNUAL REPORT 1996/97 TRIBUNAL MEMBERS Justice Peter Gray Justice Howard Olney Justice Jane Matthews Hon. Hal Wootten AC QC Presidential Member Presidential Member Presidential Member Presidential Member Hon. Paul Seaman QC Mr Sean Flood Hon. Fred Chaney AO Hon. Christopher Sumner Presidential Member Member Member Member Mr Tony Lee Mr Michael McDaniel Mr Kim Wilson Hon. Ian Viner QC Member Member Part-time Member Part-time Member Dr Mary Edmunds Ms Susan Ellis Mr Rick Farley Ms Pam O’Neil Part-time Member Part-time Member Part-time Member Part-time Member Mr Graeme Neate Ms Diane Smith Prof. Douglas Williamson Ms Joanna Kalowski Part-time Member Part-time Member RFD QC Part-time Member Part-time Member 2 National Native Title Tribunal ANNUAL REPORT 1996/97 TRIBUNAL EXECUTIVE Left to right: Tony McRae, Director, Research & Information; Merranie Strauss, Deputy Registrar, Case Management; Justice French, President; Lisa Baker, Manager, Corporate Services; Allan Padgett, Co-ordinator, Future Act Unit; Patricia Lane, Registrar. 4 National Native Title Tribunal ANNUAL REPORT 1996/97 INTRODUCTION – PRESIDENT’S REPORT The mission of the National Native Title Tribunal is one constant in an operating environment that is continually changing and presenting it with new demands and challenges. That mission is to promote just agreements, informed discourse and fair outcomes about native title through mediation and arbitration. The year ended 30 June 1997 has been no less difficult than its predecessors. The Tribunal’s work has been carried out against a background of sometimes acrimonious debate about the impact of the High Court’s decision in the Wik case and the appropriate legislative response to it. Nevertheless, the reporting period saw the first mainland native title determination and a number of partial and Justice Robert French, process agreements which indicate that there is progress although Tribunal President. slower and more difficult than most would want. This Annual Report in many ways amply demonstrates the significant scope, difficulty and complexity of the Tribunal’s work throughout Australia. There is a noticeable emphasis on information programs for all sections of the community who may become affected by or involved in native title processes. A reasonable understanding of the basic concepts and processes is essential to effective participation in native title mediation. This Annual Promotion of that understanding and participation are express corporate goals which are addressed in this Report. Report in many ways amply The Tribunal’s response to its growing workload is reflected in the strengthening of its regional presence by the opening of a demonstrates the new office in Brisbane, the upgrading of the Adelaide office and significant scope, the Kalgoorlie office and the development of substantial regional difficulty and plans. These plans, which involve members and staff associated complexity of the with particular regions in their preparation, are intended to Tribunal’s work ensure a coherent and consistent approach within regions. A broad consistency of approach across regions is also required by throughout the use of standard planning formats and review by the Tribunal Australia. Executive. Intra-indigenous issues were a dominant feature of the Tribunal’s work in 1996/97 requiring its involvement in the attempted resolution of overlapping claims and the formation of working groups so that divergent interests of conflicting claimants might be managed by them in a way that enabled them to engage more effectively with governments and others. In this the Tribunal worked wherever possible in conjunction with the Native Title Representative Bodies who have primary responsibility for the resolution of intra-indigenous conflicts. The Tribunal has maintained continuing and co-operative links with government and a range of industry bodies. There has been an emphasis on joint approaches to community information. This is well reflected in the launch of a project for local government as a joint venture between the Tribunal and the Australian Local Government Association. A positive and co-operative working relationship has also been maintained with the Parliamentary Joint Committee on Native Title. National Native Title Tribunal 5 ANNUAL REPORT 1996/97 The Tribunal’s Agreements Database is growing as one agreement after another is added to it. The database promises to be a resource of great value to all of those involved in native title work by enabling them to draw upon and, in their own turn, add to the accumulated experiences of those who have gone down the path of negotiation before them. Meeting the media following the signing of the Dunghutti People’s native title agreement are (from left): Simon Blackshield and Manul Ritchie of the NSW Aboriginal Land Council; Tribunal President Justice Robert French; claimant Mary- Lou Buck, on behalf of the Dunghutti People; and the NSW Minister for Lands, the Hon Kim Yeadon. In its future act activities, the Tribunal has been responding to a large workload particularly in Western Australia. There is a slowly increasing number of agreements emerging out of the right to negotiate process. The major future act agreement in the reporting period was that between Century Zinc Ltd and a number of claimants in North Queensland. In that connection I wish to express my gratitude to the members and staff in both the mediating and arbitrating teams for their efforts. The reporting The reporting period was dominated in the public arena by period was debate about the Wik decision of the High Court and the legislative response to it. The Tribunal has provided submissions dominated in the to Government and its Wik Taskforce about the way in which public arena by amendments to the Act can best improve the operation and debate about the processes of the Tribunal. One important and positive feature of Wik decision of the proposed amendments in this respect is the move to have all the High Court applications for native title determinations or compensations commence in the Federal Court and then be referred to the and the Tribunal for mediation. The relationship between Tribunal and legislative Court processes can in this way be considerably more flexible response to it. than the present system allows. Agreements as to facts designed to narrow the scope of court proceedings can be explored and questions of fact or law referred to the Court for determination without the need for a full scale hearing. In the course of the reporting period two new Members, Professor Doug Williamson QC and Ms Joanna Kalowski were appointed to 6 National Native Title Tribunal ANNUAL REPORT 1996/97 the Tribunal and I welcome their contribution. Regretfully, Mr Ian Viner QC, a Western Australian based member of the Tribunal resigned because of the requirements of other commitments and his office as Deputy Chairman of the Council for Aboriginal Reconciliation. I thank him for his work, particularly in Western Australia. The end of the reporting period also saw the term of the Hon Hal Wootten AC QC draw to a close. Mr Wootten has made a major contribution to the Tribunal, both intellectually and through his work as a mediator. His involvement was just another step in a life of service in the public interest.