Native Title (Assistance from Attorney-General) Guideline 2012

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Native Title (Assistance from Attorney-General) Guideline 2012

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:

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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