PROOF OF NATIVE TITLE
Graham Hiley QC (as he then was) has set out the elements required to establish Native TItle in the Courts.
The Australian Institure of Aboriginal and Torris Strait Islander Studies has all so released a handbook in 2016 on Native Title.
Native Title and the Queensland Government
The Queensland Government is one of the main Respondent Parties to a Registered Native TItle Claim.
The government involvement is through the Departent of Natural Resources and Mines (DNRM) and you can see more information at their web page.
The DNRM has also publish a 'Guide to compiling a connection report for native title claims in Queensland'.
Proving Native Title
The Australian Institution of Aboriginal and Torres Strait Island Studies has release a research paper by Nick Duff.
The research paper is call 'What's needed to prove native title', Duff's paper covers 'what is necessary for a determination of native title? and 'The legal elements of native title connection'.
About the author
Nick Duff is a lawyer at the Goldfields Land and Sea Council. His current practice covers native title claims work and the design of governance structures for native title holders. He wrote this paper while working as a researcher and project manager within the Native Title Research Unit (NTRU) at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS). His other work at AIATSIS included law reform submissions on native title and constitutional reform, legal research on the interaction between native title law and land management issues such as weeds and freshwater, and policy work on native title agreement making and governance.
Nick’s involvement in the legal aspects of native title began in 2008, when he was associate to French J (as he then was) at the Federal Court of Australia. Nick also draws on an international relations and conflict resolution background in analysing the political and policy aspects of native title work, in particular self-determination, culture, intra-Indigenous conflict, governance norms and economic development.