Foundations, building blocks and structures: ethical and governance considerations in native title outcomes

Tuesday, 16 June 2015
Lui Ned David
Doug Passi
Megan Brayne
Emily Gerrard

The term 'governance' is used to describe different concepts in the native title context in relation to NTRBs, regulators, indigenous corporations and claim groups. Governance is a spectrum within and beyond the native title context. What is good governance? What are key considerations relevant to corporate accountability and board member conduct?

NTRBs have statutory functions that lawyers can sometimes take part in. Lawyers are also bound by a legal ethical framework. Additional requirements for the NLC and CLC, which have functions under ALRA, can create further complications for lawyers. How can lawyers manage competing requirements?

The Torres Strait is largely a post-native title determination environment. Twenty-one registered native title bodies corporate operate in the region, with only a handful of active claims remaining. The successful determination of native title in the Torres Strait Sea Claim (the Akiba decision), lead to the formation of Malu Lamar PBC, with membership open to the chairmen of each Torres Strait Island PBCs. The Gur A Baradharaw Kod Torres Strait Sea and Land Council was also formed, with membership open to Island PBCs. How do these bodies work from a governance and practical perspective? 

This panel will explore developments and relationships, key to sustainable outcomes.