Claims Management

As there are insufficient resources to progress all native title determination applications simultaneously, applications must be dealt with in order of priority.

Regional Planning and Priorities

Staff from the Office of Native Title, the National Native Title Tribunal (NNTT) and the relevant Native Title Representative Body meet six-monthly to set priorities and establish mediation protocols for the Kimberley, Pilbara, Geraldton, Central Desert, Goldfields and South West regions. The NNTT Member for each region then prepares a report to inform the Federal Court.

Prioritising Claims

A number of factors influence the prioritisation process. For example, a claim may be prioritised if:

there is strong historical and/or anthropological evidence to support it.
there are no overlaps with other claims. Claims with no overlaps are likely to be resolved more quickly.
parts of the claim have already been resolved (ie.overlapping sections of the claim) as part of a previous mediation or litigation.
the claim must be resolved quickly to make way for future development.

Priority Claims -June 2009
Claim	Status
Kimberley Region
Bardi Jawi	Determined; subject to appeal
Balanggarra Combined	Substantive negotiations
Balanggarra #3	Assessing connection material
Bunuba	Connection material assessed
Dambimangari	Substantive negotiations
Gooniyandi	Assessing connection material
Ngurrura Part B	Substantive negotiations
Rubibi (Yawuru)	Determined; negotiations ongoing
Uunguu	Substantive negotiations
Pilbara
Eastern Guruma Part B	Substantive negotiations
Jururru	Assessing connection material
Kariyarra	Connection material assessed
Ngarla Part B	Litigation
Njamal and Njamal People #10	Waiting on connection material
Yindjibarndi #1	Assessing connection material
Warran #1	Litigation
Wong-goo-tt-oo	Litigation
Yaburara Mardudhunera	Litigation
Yindjibarndi#1	Waiting on connection material
Geraldton
Amamgu People	Substantive negotiations
Badimia	Connection material assessed
Hutt River	Substantive negotiations
Naaguja People	Substantive negotiations
Nanda	Waiting on connection material
Thudgari	Substantive negotiations
Wajarri Yamatji	Waiting on connection material
Central Desert
Birriliburu 2	Substantive negotiations
Martu Stage 2	Substantive negotiations
Karnapyri	Substantive negotiations
Pilki	Assessing connection material
Wiluna/ Wiluna#2/Tarlpa	Connection material assessed
Yilka	Assessing connection material
Goldfields
Esperance Nyungar	Assessing connection material
Central West	Waiting on additional connection material
Narnoobinya	Substantive negotiations discontinued
Ngadju/ Ngadjunngarra	Substantive negotiations discontinued; Matter being progressed by Federal Court
Wongatha Area	Under review
South West
South West Claims	Substantive negotiations

Mediation Protocol

An agreed mediation protocol is established for each of the priority claims. The mediation protocol includes timeframes for key activities such as the preparation and assessment of connection material.

The Provision and Assessment of Connection Material

The claimants, or their representatives must provide anthropological and/or historical research to prove the basis of their claim. In general terms, they must show a connection to the land and waters claimed and continuity in their traditional system of law and custom, since sovereignty.

(For details of the connection requirements, download Guidelines for the Provision of Information in Support of Applications for a Determination of Native Title October 2004)

The connection material is provided to the Office of Native Title within an agreed timeframe. The material is assessed by the Office's research staff and independent consultants. The State Solicitor's Office also provides a legal assessment.

Outcomes of Assessment

If there is sufficient evidence to support the claim, the State Government, through the Office of Native Title, will enter into negotiations for a consent determination of native title. If the evidence is not strong enough to withstand the scrutiny of the Federal Court, an alternative settlement may be offered.

Negotiating Native Title

The Office of Native Title's Principal Claims Managers are responsible for progressing negotiations in their region. Working closely with all stakeholders, the Prinicipal Claims Managers negotiate the form and content of a consent determination, or an alternative settlement, on behalf of the State. When in-principle agreement is reached, it is put to Cabinet for formal approval. If Cabinet endorses the agreement, the State will make application to the Federal Court for the agreement to be ratified.

Where mediation is not possible, and the claim is listed for trial, the Principal Claims Managers provide instruction to the State Solicitor's Office, the State's representative in native title litigation.

Last Updated: 9-Nov-2009

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