Revisions and resolutions: Revised determinations of native title

Thursday, 7 June 2018
Susan Phillips

The current review of the Native Title Act and the Options Paper circulated by the Commonwealth Attorney General declares the goal of resolution of all current claims within seven years notwithstanding that many of the claims presently before the Court are more difficult and controversial than those now resolved.
It could be argued we are now in a second phase of native title recognition following the extent of the areas where native title has either been determined to exist or found to be extinguished. Preparation for compensation applications may mean groups revisit compromises made to secure determinations. In addition, resolution of the problems besetting native title holders in the post-determination environment, for some groups, requires examination of the way in which their country is described, their groups are defined and their rights and interests expressed.
This presentation will look at the mechanics of revising native title determination: including on what grounds revision can be sought and what some of the challenges and possibilities will be as part of these processes.
Both the practical and procedural aspects of revising determinations will be explored including review of the limited number of revision applications filed so far.