The Australian Law Reform Commission (ALRC) has invited councils to participate in its inquiry into the future acts regime under the Native Title Act 1993 (Cth), which is the main native title law in Australia.
The Native Title Act provides a process through which First Nations Australians can apply for a determination of native title.
The ALRC will investigate how the future acts regime works, and how it can be improved to make it work effectively equally and fairly.
The ALRC is expected to publish a background paper in late 2024, which will include more information about the inquiry. It is also expected to publish a consultation paper in 2025 which will explain some of their ideas for reform and call for formal submissions in response. The ALRC will consult with stakeholders throughout this process.
The ALRC has said that it wants to hear from a wide range of people, including native title holders and future acts proponents. The ALRC respects the custodianship First Nations people have over their stories and knowledge about country and culture.
There are three main ways to participate in the inquiry:
- The ALRC will be holding consultations and meetings with different stakeholders
- The ALRC will call for formal submissions in 2025, and anyone is welcome to make a submission
- Interested parties can get in contact with the ALRC at any time during the Inquiry
ALGA has been asked to ensure quality engagement occurs with local governments. To assist councils with the consultation, ALGA has developed four fact sheets on Native Title:
- https://alga.com.au/app/uploads/Fact-Sheet-1-Native-Title-timeline.pdf
- https://alga.com.au/app/uploads/Fact-Sheet-2-Land-Councils-and-PBCs.pdf
- https://alga.com.au/app/uploads/Fact-Sheet-3-Future-Acts.pdf
- https://alga.com.au/app/uploads/Fact-Sheet-4-Indigenous-Land-Use-Agreements-ILUA.pdf
The ALRC has been asked to provide its final report to the Attorney-General by 8 December 2025.
For more information, visit the ALRC website.
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