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F2012L02564
Portfolio: Attorney-General
Summary of committee view
2.1
The committee seeks clarification as to the possible impact changes to
the guidelines for providing financial assistance may have on fair trial and
fair hearing rights.
Overview
2.2
This instrument sets out new guidelines that are to be applied in
authorising the provision of financial assistance to respondents under s 213A
of the Native Title Act 1993. Under the new arrangements, financial
assistance for most native title respondents will now be limited to
disbursements only. Funds for legal representation costs will now only be
available in exceptional circumstances. These exceptional circumstances are
where:
- new or novel questions of law directly related to an applicant's
interests are considered; or
- a court requires an applicant's participation beyond
participation in standard procedural processes.
Compatibility with human rights
2.3
The statement of compatibility states that the regulation does not
engage any of the applicable rights or freedoms.
2.4
However, by limiting legal assistance to native title
respondents the new guidelines may engage the fair trial and fair hearing
rights contained in article 14 of the International Covenant on Civil and
Political Rights.
2.5
The committee seeks clarification from the Attorney-General in
relation to the differences between the new guidelines and the previous version
of the guidelines, and the possible impact these changes may have on fair trial
and fair hearing rights.
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