Native Title

Native title is a form of land title that recognises the unique ties some Aboriginal groups have to land. Australian law recognises that native title exists where Aboriginal people have maintained a traditional connection to their land and waters, since sovereignty, and where acts of Government have not removed it.

Native title was first recognised by the High Court of Australia in 1992 with the Mabo decision. The Mabo decision overturned the idea of 'terra nullius’ that the Australian continent did not belong to anyone at the time of Europeans' arrival. It recognised for the first time that Indigenous Australians may continue to hold native title and to be uniquely connected to the land. Native title can co-exist with other forms of land title (such as pastoral leases) but is extinguished by others (such as freehold).

Aboriginal and Torres Strait Islander people can apply to the courts to have their native title rights recognised under Australian law. Native titleholders have the right to be compensated if Governments acquire their land or waters for future developments.

The native title of a particular group will depend on the traditional laws and customs of those people. The way native title is recognised and practised may vary from group to group, depending on what is claimed and what is negotiated between all of the people and organisations with an interest in that country.

The Aboriginal History Research Unit provision of Aboriginal historical research has become a critical component in native title claim processes. This information helps to identify Aboriginal family links and cultural connections to land for purposes of native title.

In 2000, due to extreme demand for information for purposes of native title litigation, DIA created the Department of Indigenous Affairs Native Title Access Policy. The policy provides the State Solicitor’s Office and the Native Title Representative Bodies access to closed or restricted information for the purposes of native title litigation only. The policy is a legally binding document, which has strict access guidelines. To that end, the State Solicitor’s Office and Native Title Representative Bodies frequently use the information to establish connection reports to substantiate native title claims.

DIA works in partnership with NTRBs, other government departments and external agencies to create improved access to Aboriginal records. An agreement signed with the South Australian Museum in 1996 provided DIA with access to the entire collection of records by Norman Tindale, who recorded a vast amount of journal information about the Aboriginal tribes of Australia, including their terrain, environmental controls, distribution, limits and proper names. The collection also contains genealogies, which are cross-referenced with the photograph collection.